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13-May-2016

30

The Anti-Hijacking Act, 2016.

https://www.indiacode.nic.in/bitstream/123456789/2149/1/a2016-30.pdf

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SECTIONS # THE ANTI-HIJACKING ACT, 2016 __________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY 1. Short title, extent, application and commencement. 2. Definitions. CHAPTER II HIJACKING AND CONNECTED OFFENCES 3. Hijacking. 4. Punishment for hijacking. 5. Punishment for acts of violence connected with hijacking. 6. Conferment of powers of investigations, etc. 7. Jurisdiction. 8. Designated Court. 9. Offences triable by Designated Court. CHAPTER III MISCELLANEOUS 10. Application of Code to proceedings before Designated Court. 11. Provisions as to extradition. 12. Provision as to bail. 13. Contracting parties to Convention. 14. Power to treat certain aircraft to be registered in Convention countries. 15. Previous sanction necessary for prosecution. 16. Presumption as to offences under sections 3 and 5. 17. Protection of action taken in good faith. 18. Powers of investigating officers to seize or attach property. 19. Confiscation and forfeiture of property. 20. General power to make rules. 21. Repeal and savings. ----- # THE ANTI-HIJACKING ACT, 2016 ACT NO. 30 OF 2016 [13th May, 2016.] # An Act to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft and for matters connected therewith. WHEREAS a Convention for the Suppression of Unlawful Seizure of Aircraft was signed at The Hague on the 16th day of December, 1970; AND WHEREAS India acceded to the said Convention and enacted the Anti-Hijacking Act, 1982 (65 of 1982) to give effect to the provisions of the Convention; AND WHEREAS India has signed the Protocol Supplementary to the Convention at Beijing on the 10th day of September, 2010 which deals with unlawful acts against Civil Aviation by new types of threats which require comprehensive amendments to the said Act; AND WHEREAS it is considered expedient that the unlawful acts of seizure or exercise of control of aircraft which jeopardize safety of persons and property is a matter of great concern to be addressed effectively by making suitable provisions for giving effect to the Convention and the Protocol and for matters connected therewith. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:–– CHAPTER I PRELIMINARY **1. Short title, extent, application and commencement.––(1) This Act may be called the Anti-** Hijacking Act, 2016. (2) It extends to the whole of India and, save as otherwise provided in this Act, it applies also to any offence thereunder committed outside India by any person. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.–– In this Act, unless the context otherwise requires,––** [(a) “Agency” means the National Investigation Agency constituted under section 3 of the](javascript:fnOpenLinkPopUp('2768','106922');) National Investigation Agency Act, 2008 (34 of 2008); (b) “aircraft” means any aircraft, whether or not registered in India, other than a military aircraft or an aircraft used in customs or police service; (c) “aircraft registered in India” means an aircraft which is for the time being registered in India; (d) “Convention country” means a country in which the Hague Convention is for the time being in force; (e) “Hague Convention” means the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on the 16th day of December, 1970 and includes the Protocol Supplementary to the Convention signed at Beijing on the 10th day of September, 2010; (f) “hostage” means a passenger or a crew member of an aircraft or any security personnel on board the aircraft or a ground support staff involved in the maintenance of the aircraft, who is unlawfully seized or detained without his consent, or with his consent obtained by fraud or duress, by an individual or by a group of persons, during the transit of an aircraft or when it is stationed at an airport, with an intention to secure any demand or fulfilment of any condition made by such individual or such group of persons; 1. 5th July, 2017, vide notification No. G.S.R. 827(E), dated 5th July, 2017, see Gazette of India, Part II, s. 3. ----- (g) “military aircraft” means an aircraft of the naval, military, air force or any other armed forces of any country and includes every aircraft commanded for the time being by a person in any such force detailed for the purpose; (h) “notification” means a notification published in the Official Gazette; (i) “security personnel” means security personnel deployed by the Central Government or appointed by any agency authorised by that Government to ensure security of civil aviation against acts of unlawful interference. _Explanation.––for the purposes of this clause “acts of unlawful interference” means acts or_ attempted acts to jeopardize the safety of civil aviation and air transport, including–– (i) unlawful seizure of aircraft in flight; (ii) unlawful seizure of aircraft on the ground; (iii) hostage-taking on board aircraft or on aerodromes; (iv) forcible intrusion on board aircraft, at an aerodrome or on the premises on an aeronautical facility; (v) introduction on board an aircraft or at an aerodrome, of a weapon, explosive or other hazardous device, article or substances intended for criminal purposes; (vi) communication of false information with a view to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an aerodrome or on the premises of a civil aviation facility. CHAPTER II HIJACKING AND CONNECTED OFFENCES **3. Hijacking.––(1) Whoever unlawfully and intentionally seizes or exercises control of an aircraft** in service by force or threat thereof, or by coercion, or by any other form of intimidation, or by any technological means, commits the offence of hijacking. (2) A person shall also be deemed to have committed the offence of hijacking specified in sub section (1), if, such person–– (a) makes a threat to commit such offence or unlawfully and intentionally causes any person to receive such threat under circumstances which indicate that the threat is credible; or (b) attempts to commit or abets the commission of such offence; or (c) organises or directs others to commit such offence or the offence specified in clause (a) or clause (b) above; (d) participates as an accomplice in such offence or the offence specified in clause (a) or clause (b) above; (e) unlawfully and intentionally assists another person to evade investigation, prosecution or punishment, knowing that such person has committed any such offence or the offence specified in clause (a) or clause (b) or clause (c) or clause (d) above, or that such person is wanted for criminal prosecution by law enforcement authorities for such an offence or has been sentenced for such an offence. (3) A person also commits the offence of hijacking, when committed intentionally, whether or not any of the offences specified in sub-section (1) or in clause (a) of sub-section (2) is actually committed or attempted, either or both of the following:–– (a) agreeing with one or more other persons to commit an offence specified in sub-section (1) or in clause (a) of sub-section (2), involving an act undertaken by one of the participants in furtherance of the agreement; or ----- (b) contributing in any manner to the commission of an offence specified in sub-section (1) or in clause (a) of sub-section (2) by a group of persons acting with a common purpose and such contribution shall either–– (i) be made with the aim of furthering the general criminal activity or purpose of the group, where such activity or purpose involves the commission of such an offence; or (ii) be made in the knowledge of the intention of the group to commit such offence. (4) For the purposes of this Act, an aircraft shall be considered to be “in service” from the beginning of the pre-flight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing and in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board. **4. Punishment for hijacking.––Whoever commits the offence of hijacking shall be punished––** (a) with death where such offence results in the death of a hostage or of a security personnel or of any person not involved in the offence, as a direct consequence of the office of hijacking; or (b) with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine, and the movable and immovable property of such person shall also be liable to be confiscated. **5. Punishment for acts of violence connected with hijacking.––Whoever, being a person** committing the offence of hijacking of an aircraft, commits, in connection with such offence, any act of violence against any passenger or member of the crew of such aircraft, shall be punished with the same punishment with which he would have been punishable under any law for the time being in force in India if such act had been committed in India. **6. Conferment of powers of investigations, etc.––(1) For the purposes of this Act, the Central** Government may, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), by notification, confer on any officer of the Central Government or any officer of the Agency, powers of arrest, investigation and prosecution exercisable by a police officer under the said Code. (2) All officers of police and all officers of Government are hereby required and empowered to assist the officer of the Central Government referred to in sub-section (1) in the execution of the provisions of this Act. **7. Jurisdiction.––(1) Subject to the provisions of sub-section (2), where an offence under section** 3 or section 5 is committed outside India, the person committing such offence may be dealt with in respect thereof as if such offence had been committed at any place within India at which he may be found. (2) No Court shall take cognizance of an offence punishable under section 3 or section 5 which is committed outside India unless,–– (a) such offence is committed within the territory of India; (b) such offence is committed against or on board an aircraft registered in India; (c) such offence is committed on board and the aircraft in which the offence is committed lands in India with the alleged offender still on board; (d) such offence is committed against or on board an aircraft which is for the time being leased without crew to a lessee who has his principal place of business or where he has no such place of business, his permanent residence is in India; (e) such offence is committed by or against a citizen of India; (f) such offence is committed by a stateless person whose habitual residence is in the territory of India; ----- (g) such offence is committed by the alleged offender who is present in India but not extradited under section 11. **8. Designated Court.––(1) For the purpose of providing for speedy trial, the State Government** shall, with the concurrence of the Chief Justice of the High Court, by notification, specify a Court of Sessions to be a Designated Court for such area or areas as may be specified in the notification. [(2) Notwithstanding the provisions of sub-section (1), the Special Court Constituted undersection](javascript:fnOpenLinkPopUp('2768','106932');) [11 or, as the case may be, under section 22 of the National Investigation Agency Act, 2008 (34 of](javascript:fnOpenLinkPopUp('2768','106932');) 2008) shall be the Designated Court for the purposes of this Act in case where the power of arrest, investigation and prosecution is exercised by the Agency under sub-section (1) of section 6. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a Designated Court shall, as far as practicable, hold the trial on a day-to-day basis. **9. Offences triable by Designated Court.––(1) Notwithstanding anything contained in the Code** of Criminal Procedure, 1973 (2 of 1974),–– [(a) all offences under this Act shall be triable by the Designated Court referred to in section 8.](javascript:fnOpenLinkPopUp('783','16399');) (b) where a person who is accused or suspected of the commission of an offence under this [Act is forwarded to the Magistrate under sub-section (2) or sub-section (2A) of section 167 of the](javascript:fnOpenLinkPopUp('783','16593');) Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise detention of such person in such custody, as he thinks fit, for a period not exceeding thirty days in the whole, where such Magistrate is a Judicial Magistrate, and seven days in the whole, where such Magistrate is an Executive Magistrate: Provided that the Magistrate may, if he considers that the detention of such person is not required,–– (i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him, he shall order such person to be forwarded to the Designated Court having jurisdiction; (c) the Designated Court may exercise, in relation to the person forwarded to it under clause (b), [the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of](javascript:fnOpenLinkPopUp('783','16593');) the Code of Criminal Procedure, 1973 (2 of 1974), in relation to an accused person in such case who has been forwarded to him under that section; (d) the Designated Court may, upon perusal of the report filled by the Agency or a complaint made by an officer of the Central Government, or the State Government, as the case may be, authorised in this behalf, take cognizance of the offence without the accused being committed to it for trial. (2) When trying an offence under this Act, a Designated Court may also try an offence other than an offence under this Act, which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. CHAPTER III MISCELLANEOUS **10. Application of Code to proceedings before Designated Court.––Save as otherwise** provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to the proceedings before a Designated Court and the person conducting a prosecution before a Designated Court shall be deemed to be a Public Prosecutor. **11. Provisions as to extradition.––(1) The offences under section 3 and section 5 shall be** deemed to have been included as extraditable offences and provided for in all the extradition treaties made by India with Convention countries and which extend to, and are binding on, India on the date of commencement of this Act. ----- (2) For the purposes of the application of the Extradition Act, 1962 (34 of 1962) to offences under this Act, any aircraft registered in a Convention country shall, at any time while that aircraft is in service, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country. (3) None of the offences mentioned in section 3 shall be regarded, for the purposes of extradition or mutual legal assistance, as a political offence or as an offence connected with a political offence or as an offence inspired by political motives and a request for extradition or for mutual legal assistance based on such an offence shall not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives. **12. Provision as to bail.––(1) Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond, unless,–– (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where Public Prosecutor opposes the application, the Designated Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail as specified in sub-section (1) are in addition to the limitation under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force, on granting bail. (3) Nothing contained in this section shall be deemed to affect the special powers of the High [Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974).](javascript:fnOpenLinkPopUp('783','17459');) **13. Contracting parties to Convention.––The Central Government may, by notification, certify** as to who are the contracting parties to the Hague Convention and to what extent they have availed themselves of the provisions of the Convention, and any such notification shall be conclusive evidence of the matters certified therein. **14. Power to treat certain aircraft to be registered in Convention countries.––(1) If the** Central Government is satisfied that the requirements of sub-section (2) have been satisfied in relation to any aircraft, it may, by notification, direct that such aircraft shall, for the purposes of this Act, be treated as registered in such Convention country as may be specified in the notification. (2) Where the Convention countries establish joint air transport operating organisations or international operating agencies, which operate aircraft which are subject to joint or international registration, shall, by appropriate means, designate for each aircraft, the country among them which shall exercise the jurisdiction and have the attributes of the country of registry for the purposes of the Convention and shall give notice thereof to the Secretary General of the International Civil Aviation Organisation who shall communicate the notice to all Convention countries. **15. Previous sanction necessary for prosecution.––No prosecution for an offence under this Act** shall be instituted except with the previous sanction of the Central Government. **16. Presumption as to offences under sections 3 and 5.––In a prosecution for an offence under** section 3 or section 5, if it is proved that–– (a) the arms, ammunitions or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunitions or explosives of similar nature were used in the commission of such offence; or (b) there is evidence of use of force, threat of force or any other form of intimidation caused to the crew or passengers in connection with the commission of such offence, the Designated Court shall presume, unless the contrary is proved, that the accused has committed such offence. ----- **17. Protection of action taken in good faith.––(1) No suit, prosecution or other legal proceeding** shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. (2) No suit or other legal proceeding shall lie against the Central Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. **18. Powers of investigating officers to seize or attach property.––(1) Where any officer,** referred to in section 6, while conducting an inquiry or investigation has a reason to believe that any property, movable or immovable, or both, is relatable to the commission of the offence in relation to which such inquiry or investigation is being conducted, is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the Designated Court, within a period of forty-eight hours of its being made. (3) The Designated Court may either confirm or revoke the order of seizure or attachment referred to in sub-section (2). (4) Notwithstanding the confirmation of the order by the Designated Court under sub-section (3), any person aggrieved by the order of attachment made under sub-section (1), may make an application to the Designated Court for revocation of said order within a period of thirty days from the date of confirmation of the order under sub-section (3). **19. Confiscation and forfeiture of property.––Where any order is made by the Designated** Court under section 4 for confiscation of movable or immovable property or both, of the accused, then, such property shall stand forfeited to the Government free from all encumbrances: Provided that the Designated Court may, during the period of such trial, order that all or any of the properties, movable or immovable, or both, belonging to the accused be attached, and in case such trial ends in conviction, then, the property so attached shall stand forfeited to Government free from all encumbrances. **20. General power to make rules.––(1) The Central Government may, by notification, make** rules for carrying out the provisions of this Act. (2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **21. Repeal and savings.––(1) The Anti-Hijacking Act, 1982 (65 of 1982) is hereby repealed.** (2) The repeal of the said Act shall not affect–– (a) the previous operation of, or anything duly done or suffered under, or any action taken or purported to have been done or taken including any notification, order or notice made or issued, or any appointment, confirmation or declaration made or any authorisation granted or any document or instrument executed or any direction given, under the Act so repealed, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; or (b) any right, privilege or obligation or liability acquired, accrued or incurred under the said Act; or ----- (c) any penalty, forfeiture or punishment incurred in respect of any offence under the said Act; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and, any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said Act had not been repealed. -----

28-May-2016

32

The Dr. Rajendra Prasad Central Agricultural University Act, 2016.

https://www.indiacode.nic.in/bitstream/123456789/2150/1/A2016-32.pdf

central

# THE DR. RAJENDRA PRASAD CENTRAL AGRICULTURAL UNIVERSITY ACT, 2016 ______ ARRANGEMENT OF SECTIONS ______ SECTIONS 1. Short title and commencement. 2. Declaration of Dr. Rajendra Prasad Central Agricultural University as an institution of national importance 3. Definitions. 4. Establishment and incorporation of Dr. Rajendra Prasad Central Agricultural University. 5. Objects of the University. 6. Powers of the University. 7. Jurisdiction. 8. University open to all classes, castes and creed. 9. The Visitor. 10. Officers of the University. 11. The Chancellor. 12. The Vice-Chancellor. 13. Deans and Director. 14. The Registrar. 15. The Comptroller. 16. Other officers. 17. Authorities of the University. 18. Board of Management. 19. The Academic Council. 20. The Research Council. 21. The Extension Education Council. 22. The Finance Committee. 23. Faculties. 24. The Board of Studies. 25. Other authorities 26. Power to make Statutes. 27. Statutes how to be made. 1 ----- SECTIONS 28. Power to make Ordinances. 29. Regulations. 30. Annual report. 31. Annual accounts. 32. Conditions of service of employees. 33. Procedure of appeal and arbitration in disciplinary cases against students. 34. Right to appeal. 35. Provident and pension funds. 36. Disputes as to constitution of University authorities. 37. Constitution of committees. 38. Filling of casual vacancies. 39. Proceedings of University authorities not invalidated by vacancy. 40. Protection of action taken in good faith. 41. Mode of proof of University records. 42. Effect of establishment of University. 43. Power to remove difficulties. 44. Transitional provisions. 45. Repeal of Bihar Agricultural University Act. 46. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. 2 ----- # THE DR. RAJENDRA PRASAD CENTRAL AGRICULTURAL UNIVERSITY ACT, 2016 ACT NO. 32 OF 2016 [28th May, 2016.] An Act to provide for the establishment and incorporation of a University by conversion of the existing Rajendra Agricultural University, Pusa, Bihar to Dr. Rajendra Prasad Central Agricultural University for the development of agriculture and for the furtherance of the advancement of learning and pursuit of research in agriculture and allied sciences and to declare it to be an institution of national importance. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Dr. Rajendra Prasad Central** Agricultural University Act, 2016. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration of Dr. Rajendra Prasad Central Agricultural University as an institution of** **national importance.— Whereas the objects of the institution known as the Dr. Rajendra Prasad** Central Agricultural University are such as to make the institution one of the national importance, it is hereby declared that the institution known as the Dr. Rajendra Prasad Central Agricultural University is an institution of national importance. **3. Definitions.— In this Act, and in all Statutes made hereunder, unless the context otherwise** requires, — (a) “Academic Council” means the Academic Council of the University; (b) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances; (c) “agriculture” means the basic and applied sciences of the soil and water management, crop production including production of all garden crops, control of plants, pests and diseases, horticulture including floriculture, animal husbandry including veterinary and dairy science, fisheries, forestry including farm forestry, home-science, agricultural engineering and technology, marketing and processing of agricultural and animal husbandry products, land use and management; (d) “Board” means the Board of Management of the University; (e) “Board of Studies” means the Board of Studies of the University; (f) “Chancellor” means the Chancellor of the University; (g) “college” means a constituent college of the University whether located at the headquarters, campus or elsewhere; (h) “Department” means a Department of Studies of the University; (i) “employee” means any person appointed by the University and includes teachers and other staff of the University; (j) “extension education” means the educational activities concerned with the training of orchardists, farmers and other groups serving agriculture, horticulture, fisheries and improved practices related thereto and the various phases of scientific technology related to agriculture and agricultural production including post-harvest technology and marketing; (k) “Faculty” means Faculty of the University; (l) “Ordinances” means the Ordinances of the University; 1. 7th October, 2016, vide notification S.O. 3184 (E), dated 7th October, 2016, see Gazette of India, Extraordinary Part II, s. 3 (ii). 3 ----- (m) “Regulations” means the Regulations made by any prescribed authority of the University; (n) “Research Advisory Committee” means the Research Advisory Committee of the University; (o) “Statutes” means the Statutes of the University; (p) “student” means a person enrolled in the University for undergoing a course of study for obtaining a degree, diploma or other academic distinction duly instituted; (q) “teachers” means Professors, Associate Professors, Assistant Professors, Teaching Faculty Members and their equivalent appointed for imparting instruction or conducting research or extension education programmes or combination of these in the University, college or any institute maintained by the University and designated as teachers by the Ordinances; (r) “University” means the Dr. Rajendra Prasad Central Agricultural University established under this Act; (s) “Vice-Chancellor” means the Vice-Chancellor of the University; and (t) “Visitor” means the Visitor of the University. **4. Establishment and incorporation of Dr. Rajendra Prasad Central Agricultural** **University. —(1) The University established and incorporated under the Bihar Agricultural** University Act, 1987 (Bihar Act 8 of 1988), in so far as it relates to the Rajendra Agricultural University shall be established as a body corporate under this Act by the name of the “Dr. Rajendra Prasad Central Agricultural University”. (2) The headquarters of the University shall be at Pusa in the State of Bihar and it may also establish campuses at such other places within its jurisdiction as it may deem fit; Provided that the University shall integrate the existing campus and other associated facilities of the Rajendra Agricultural University, Pusa and the effective date of take-over shall be as specified in the notification published in the Official Gazette. (3) The first Chancellor, the first Vice-Chancellor and the first members of the Board, the academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of the Dr. Rajendra Prasad Central Agricultural University. (4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. **5. Objects of the University.—The objects of the University shall be—** (a) to impart education in different branches of agriculture and allied sciences as it may deem fit; (b) to further the advancement of learning and conducting of research in agricultural and allied sciences; (c) to undertake programmes of extension education in the country with particular attention to the State of Bihar; (d) to promote partnership and linkages with national and international educational institutions; and (e) to undertake such other activities as it may, from time to time, determine. **6. Powers of the University.— The University shall have the following powers, namely: —** (i) to make provisions for instructions in agriculture and allied sciences; (ii) to make provisions for conduct of research in agriculture and allied branches of learning; (iii) to make provisions for dissemination of the findings of research and technical information through extension programmes; 4 ----- (iv) to grant, subject to such conditions as it may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examination, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinction for good and sufficient cause; (v) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (vi) to provide lectures and instructions for field workers, village leaders and other persons not enrolled as regular students of the University and to grant certificates to them as may be prescribed by the Statutes; (vii) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purpose as the University may determine; (viii) to establish and maintain colleges relating to agriculture, horticulture, fisheries, forestry, veterinary and animal science, dairying, home-science and allied sciences, as necessary; (ix) to establish and maintain such campuses, Krishi Vigyan Kendras, special centres, specialised laboratories, libraries, museums or other units for research and institution as are, in its opinion, necessary for the furtherance of its objects; (x) to create teaching, research and extension education posts and to make appointments thereto; (xi) to create administrative, ministerial and other posts and to make appointments thereto; (xii) to institute and award fellowships, scholarships, studentships, medals and prizes; (xiii) to determine standards of admission to the University which may include examination, evaluation or any other method of testing; (xiv) to provide and maintain residential accommodation for students and employees; (xv) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare; (xvi) to lay down conditions of service of all categories of employees, including their code of conduct; (xvii) to regulate and enforce discipline among the students and the employees and to take such disciplinary measures in this regard as it may deem necessary; (xviii) to fix, demand and receive such fees and other charges as may be prescribed by the Statutes; (xix) to borrow, with the approval of the Central Government on the security of its property, money for the purpose of the University; (xx) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable including trust and endowment properties, for its purposes; and (xxi) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects. **7. Jurisdiction.— (1) The jurisdiction and responsibility of the University with respect to** teaching, research and programmes of extension education at the University level, in the field of agriculture and allied subjects shall extend to the whole country with special reference to the State of Bihar. (2) All colleges, directorates, research stations, experiment stations and Krishi Vigyan Kendras of the existing Rajendra Agricultural University and other institutions coming under the jurisdiction and authority of the University shall be constituent unit and no other units shall be recognised as affiliated units. 5 ----- (3) The University may assume responsibility for the training of field extension workers and others and may develop such training centres as may be required in various regions under its jurisdiction. **8. University open to all classes, castes and creed.— The University shall be open to persons of** every sex, caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to enjoy or exercise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, persons with disability or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and Other Backward Classes. **9. The Visitor.—(1) The President of India shall be the Visitor of the University.** (2) Subject to the provisions of sub-sections (3) and (4), the Visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equipments, and of any institution or college and also of the examination, instruction and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the University. (3) The Visitor shall, in every case, give notice to the University of his intention to cause, an inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the Visitor may determine, such representations to him as it may consider necessary. (4) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2). (5) Where an inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative who shall have the right to appear in person and to be heard on such inspection or inquiry. (6) The Visitor may address the Vice-Chancellor with reference to the results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Visitor may be pleased to offer and on receipt of the address made by the Visitor, the Vice-Chancellor shall communicate forthwith to the Board, the results of the inspection or inquiry and the views of the Visitor and the advice tendered by him upon the action to be taken thereon. (7) The Board shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry. (8) Where the Board does not, within reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Board, issue such directions as he may think fit and the Board shall be bound to comply with such directions. (9) Without prejudice to the foregoing provisions of this section, the Visitor may, by an order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same. (10) The Visitor shall have such other powers as may be prescribed by the Statutes. 6 ----- **10. Officers of the University.—The following shall be the officers of the University,** namely: — (1) the Chancellor; (2) the Vice-Chancellor; (3) the Deans; (4) the Directors; (5) the Registrar; (6) the Comptroller; (7) the University Librarian; and (8) such other officers as may be prescribed by the Statutes. **11. The Chancellor.—(1) The Chancellor shall be appointed by the Visitor in such manner as** may be prescribed by the Statutes. (2) The Chancellor shall, by virtue of his office, be the Head of the University. (3) The Chancellor shall, if present, preside at the convocations of the University held for conferring degrees. **12. The Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Visitor in such** manner as may be prescribed by the Statutes. (2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter: Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Board within three months from the date on which decision on such action is communicated to him and thereupon the Board may confirm, modify or reverse the action taken by the ViceChancellor. (4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes of the Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final. (5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances. **13. Deans and Director.— Every Dean and every Director shall be appointed in such manner** and shall exercise such powers and perform such duties as may be prescribed by the Statutes. **14. The Registrar.— (1) The Registrar shall be appointed in such manner as may be prescribed** by the Statutes. (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes. 7 ----- **15. The Comptroller.—The Comptroller shall be appointed in such manner and shall exercise** such powers and perform such duties as may be prescribed by the Statutes. **16. Other officers.—The manner of appointment and powers and duties of the other officers of** the University shall be prescribed by the Statutes. **17. Authorities of the University.—The following shall be the authorities of the University,** namely: — (1) the Board; (2) the Academic Council; (3) the Research Council; (4) the Extension Education Council; (5) the Finance Committee; (6) the Faculties and Board of Studies; and (7) such other authorities as may be prescribed by the Statutes. **18. Board of Management. —(1) The Board shall be the principal executive body of the** University. (2) The constitution of the Board, the term of office of its members and its powers and functions shall be prescribed by the Statutes. **19. The Academic Council. —(1) The Academic Council shall be the principal academic body of** the University and shall, subject to the provisions of this Act and the Statutes and Ordinances, have the control and general regulation of, and be responsible for the maintenance of standards of learning, education, instruction, evaluation and examination within the University and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Statutes. (2) The constitution of the Academic Council and the term of office of its members shall be prescribed by the Statutes. **20. The Research Council.—The constitution, powers and functions of the Research Council** shall be prescribed by the Statutes. **21. The Extension Education Council.—The constitution, powers and functions of the** Extension Education Council shall be prescribed by the Statutes. **22. The Finance Committee.—The constitution, powers and functions of the Finance Committee** shall be prescribed by the Statutes. **23. Faculties.—The University shall have such Faculties as may be prescribed by the Statutes.** **24. The Board of Studies.—The constitution, powers and functions of the Board of Studies shall** be prescribed by the Statutes. **25. Other authorities.—The constitution, powers and functions of other authorities of the** University referred to in clause (7) of section 17 shall be such as may be prescribed by the Statutes **26. Power to make Statutes.— Subject to the provisions of this Act, the Statutes may provide for** all or any of the following matters, namely: — (a) the constitution, powers and functions of the authorities of the University, as may be constituted from time to time; (b) the appointment and continuance in office of the members of the authorities, the filling up of vacancies, and all other matters relating to the authorities for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; 8 ----- (d) the appointment of teachers, academic staff and other employees of the University and their emoluments; (e) the appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project; (f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action; (g) the principles governing the seniority of service of employees of the University; (h) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Board by any employee or student against the action of any officer or authority of the University; (j) the establishment and abolition of departments, centres, colleges and institutions; (k) the conferment of honorary degrees; (l) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (m) the institution of fellowships, scholarships, studentships, medals and prizes; (n) the delegation of powers vested in the authorities or officers of the University; (o) the maintenance of discipline among the employees and students; and (p) all other matters which are to be, or may be, prescribed by the Statutes. **27. Statutes how to be made.— (1) The first Statutes are those set out in the Schedule.** (2) The Board may from time to time make Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Board shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Board. (3) Every Statute or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent therefrom or remit it to the Board for consideration. (4) A Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. (5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act. (6) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Board is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Board for its inability to comply with such direction, make or amend the Statutes suitably. **28. Power to make Ordinances.—(1) Subject to the provisions of this Act and Statutes, the** Ordinances may provide for all or any of the following matters, namely:— (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examination; 9 ----- (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University; (f) the conditions for award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of office and manner of appointment and duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them; (j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes; (k) the establishment of special centres, specialised laboratories and other committees; (l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations; (m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (n) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes; (o) the management of colleges and institutions established by the University; (p) the setting up of a mechanism for redressal of grievances of employees; and (q) all other matters which by this Act or the Statutes may be provided for by the Ordinances. (2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended or repealed at any time by the Board in the manner prescribed by the Statutes. **29. Regulations. —The authorities of the University may make Regulations, consistent with this** Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes. **30. Annual report.— (1) The annual report of the University shall be prepared under the** direction of the Board, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Board on or after such date as may be prescribed by the Statutes and the Board shall consider the report in its annual meeting. (2) The Board shall submit the annual report to the Visitor along with its comments, if any. (3) A copy of the annual report as prepared under sub-section (1) shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament. **31. Annual accounts.—(1) The annual accounts of the University shall be prepared under the** directions of the Board and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf. (2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Board and the Visitor along with the observations of the Board. 10 ----- (3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Board and observations of the Board, if any, shall be submitted to the Visitor. (4) A copy of the annual accounts together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament. (5) The audited annual accounts after having been laid before both the Houses of Parliament shall be published in the Official Gazette. **32. Conditions of service of employees.— (1) Every employee of the University shall be** appointed under a written contract which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Board, one member nominated by the employee concerned and an umpire appointed by the Visitor. (3) The decision of the Tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal. (4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996). (5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes. **33. Procedure of appeal and arbitration in disciplinary cases against students.— (1) Any** student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Board and the Board may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be. (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of subsections (2), (3), (4) and (5) of section 32 shall, as far as may be, apply to a reference made under this sub-section. **34. Right to appeal.— Every employee or student of the University or of a college or institution** maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal, within such time as may be prescribed by the Statutes, to the Board against the decision of any officer or authority of the University or any college or an institution, as the case may be, and thereupon the Board may confirm, modify or reverse the decision appealed against. **35. Provident and pension funds.— (1) The University shall constitute for the benefit of its** employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes. (2) Where such provident fund or pension fund has been so constituted, the Central Government may, if deem fit, declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund, as if it were a Government provident fund. **36. Disputes as to constitution of University authorities.—If any question arises as to whether** any person has been duly appointed as, or is entitled to be, a member of any authority of the University, the matter shall be referred to the Visitor whose decision thereon shall be final. **37. Constitution of committees.— Where any authority of the University is given power by this** Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist 11 ----- of the members of the authority concerned and of such persons, if any, as the authority in each case may think fit. **38. Filling of casual vacancies.— All casual vacancies among the members (other than ex officio** members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appoints or co-opts the member whose place has become vacant and the person or body appointed or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term, for which the person whose place he fills would have been a member. **39. Proceedings of University authorities not invalidated by vacancy.— No act or proceedings** of any authority of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members. **40. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings** shall lie against the Board, Vice-Chancellor, any authority or officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances. **41. Mode of proof of University records.—A copy of any receipt, application, notice, order,** proceeding, resolution of any authority or Committee of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if verified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), or in any other law for the time being in force. **42. Effect of establishment of University.—(1) On and from the date of commencement of this** Act,— (a) any reference to the Rajendra Agricultural University in any contract or other instrument shall be deemed as a reference to the University; (b) all property, movable and immovable, of or belonging to the Rajendra Agricultural University shall vest in the University; (c) all rights and liabilities of the Rajendra Agricultural University shall be transferred to, and be the rights and liabilities of, the University. (2) Every person permanently employed in the Rajendra Agricultural University immediately before the commencement of the Act who meets the requisite qualification and criteria of recruitment in the University shall be provided an opportunity to be employed as such: Provided that every member of the academic staff and member of Faculty who does not meet the requisite qualification and criteria shall be given an opportunity for two years to upgrade the qualification and to meet the criteria: Provided further that every other person permanently employed shall be given an opportunity to upgrade the qualification and to meet the criteria, in the manner provided by the Regulations: Provided also that the tenure, remuneration, terms and conditions, rights and privileges as to pension, leave, gratuity, provident fund and all other matters of every other person permanently employed by the Rajendra Agricultural University shall be determined by the State Government of Bihar. (3) All efforts shall be made by the State Government of Bihar to engage any surplus or temporary academic staff, teacher, member of Faculty or other employee of the Rajendra Agricultural University, by or against whom any dispute is pending. (4) Any dispute or litigation, the cause of action for which has arisen between any member of academic staff, teacher, member of Faculty or other employee and the Rajendra Agricultural University before the commencement of this Act shall be instituted, prosecuted or continued between the academic staff, teacher, member of Faculty or other employee and the Rajendra Agricultural University, as if this Act had not been enacted, and all such cases shall be managed by a special cell to 12 ----- be constituted by the State Government of Bihar and all expenses relating to the management of such cases including any compensation payable to any person thereof shall be borne by the State Government. (5) Any academic course, programme or scheme as on the date of commencement of the Act shall be continued, till the completion of the course, programme or scheme with such modifications as the University may deem fit. (6) The State Government of Bihar and the University shall bear the proportionate cost of pension and other liabilities of every academic staff, teacher, member of Faculty or other employee, proportionate to the extent of the respective period of service of the person and the State Government shall provide its contribution to the University which may discharge any liability on account of this. (7) Any matter relating to permanent record of students, teachers, academic staff, Faculty and every other employee shall be provided by Regulations. (8) Pension and all other post-retirement benefits including medical benefits of every academic staff, teacher, faculty member and every other employee who has superannuated before the commencement of this Act shall be borne by the State Government of Bihar, the payment of which shall be made through the University and shall be governed by the rules relating thereof made by the State Government of Bihar in this behalf. (9) The retirement age of every teacher, academic staff, Faculty and every other employee of the University shall be governed by any law for the time being in force. (10) Any matter governing the conditions of service relating to the teacher, academic staff, Faculty and every other employee for which no provision has been made in this Act, shall be determined by the corresponding provisions made by the Central Government. **43. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provision of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulties: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **44. Transitional provisions.—Notwithstanding anything contained in this Act, and the** Statutes,— (a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor and shall hold office for a term of five years; (b) the first Registrar and the first Comptroller shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years; (c) the first members of the Board shall be nominated by the Visitor and shall hold office for a term of three years; (d) the first members of the Academic Council shall be nominated by the Visitor and shall hold office for a term of three years: Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. **45. Repeal of Bihar Agricultural University Act.—(1) The Bihar Agricultural University** Act, 1987 (Bihar Act 8 of 1988), in so far as it relates to the Rajendra Agricultural University, Pusa, Bihar is hereby repealed. (2) Notwithstanding the repeal, — 13 ----- (a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted or other things done under the Bihar Agricultural University Act, 1987 (Bihar Act 8 of 1988), in so far as it relates to the Rajendra Agricultural University, Pusa, Bihar, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act, and, except as otherwise provided by or under this Act or the Statues, continue in force unless and until they are superseded by any order made under this Act or the Statues; and (b) all proceedings of Selection Committees for the appointment or promotions of teachers that took place before the commencement of this Act and all actions of the Governing Body in respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before the commencement of this Act, in so far as it relates to Rajendra Agricultural University, shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the Visitor, a decision to the contrary. **46. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be** **laid before Parliament.—(1) Every Statute, Ordinance or Regulation made under this Act shall be** published in the Official Gazette. (2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statutes, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation. (3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statutes, Ordinances or Regulations may be applicable. 14 ----- THE SCHEDULE (See section 27) THE STATUTES OF THE UNIVERSITY _The Chancellor:_ **1. (1) The Chancellor shall be appointed by the Visitor from a panel of not less than three persons** recommended by the Board from amongst persons of eminence in education in general and agricultural sciences in particular: Provided that if the Visitor does not approve any of the persons so recommended, he may call for fresh recommendations from the Board. (2) The Chancellor shall hold office for a term of five years and shall not be eligible for reappointment: Provided that notwithstanding the expiry of his term of office, the Chancellor shall continue to hold office until his successor enters upon his office. _The Vice-Chancellor:_ **2. (1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three** persons who shall be recommended by a Committee as constituted under clause (2). (2) The Committee referred to in clause (1) shall consist of the following:— (i) Secretary, Department of Agricultural Research and Education, Government of India who shall be the Chairman; (ii) one nominee of the Visitor as Member, who shall also be the convener; (iii) one nominee of the Central Government. (3) The Vice-Chancellor shall be a whole-time salaried officer of the University. (4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall be eligible for reappointment for a further term of five years, or until he attains the age of seventy years whichever is earlier: Provided that notwithstanding the expiry of the said period of five years, he shall continue in office for a period not exceeding one year or until his successor is appointed and enters upon his office. (5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows: — (i) the Vice-Chancellor shall be paid a monthly salary and allowances other than the house rent allowance, at the rate fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence; (ii) the Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Board with the approval of the Visitor from time to time: Provided that where an employee of the University or a college or an institution maintained by it, or any other University or any institution maintained by or affiliated to such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor: 15 ----- Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme; (iii) the Vice-Chancellor shall be entitled to travelling and other allowances as per rate fixed from time to time by the Government of India for the officers equivalent to the rank of Secretary to the Government of India; (iv) the Vice-Chancellor shall be entitled to transfer travelling allowances and other allowances as admissible to officers of the rank of Secretary to the Government of India for joining and after relinquishing the post; (v) the Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of January and July every year: Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service; (vi) in addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service. This half-pay leave may also be availed of as commuted leave on full pay on medical certificate: Provided that when commuted leave is available, twice the amount of half-pay leave shall be debited against half-pay leave due; (vii) the Vice-Chancellor shall be entitled to Leave Travel Concession and Home Travel Concession as per rules of Government of India; (viii) the Vice-Chancellor shall be entitled to the benefit of leave encashment at the time of laying down the office as per rules of Government of India. (6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the senior-most Dean or Director, as the case may be, shall perform the duties of the Vice-Chancellor until a new ViceChancellor assumes office or until the Vice-Chancellor attends to the duties of his office, as the case may be. _Powers and duties of the Vice-Chancellor:_ **3. (1) The Vice-Chancellor shall be ex officio Chairman of the Board, the Academic Council, the** Finance Committee, the Research Council and the Extension Education Council and shall, in the absence of the Chancellor, preside over the Convocations held for conferring degrees. (2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority of the University, but shall not be entitled to vote thereat unless he is a member of such authority. (3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed, and he shall have all the powers necessary to ensure such observance. (4) The Vice-Chancellor shall exercise control over the affairs of the University and shall give effect to the decisions of all the authorities of the University. (5) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he may deem fit. (6) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Board, the Academic Council, the Research Council, the Extension Education Council and the Finance Committee. 16 ----- _The Dean of colleges and Faculties:_ **4. (1) Each Faculty shall have a Dean who shall also be the head of the college concerned.** (2) If any Faculty has more than one college, the Vice-Chancellor may nominate one of the Deans as the Dean of the Faculty. (3) The Dean of the college shall be appointed by the Board on the recommendations of the Selection Committee constituted for the purpose as per statute 18 and he shall be a whole-time salaried officer of the University. (4) The Dean shall be entitled to rent free and unfurnished residential accommodation. (5) The Dean shall hold the office for a term of five years and shall be eligible for reappointment: Provided that a Dean on attaining the age of sixty-five years shall cease to hold office as such. (6) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by such persons as the Vice-Chancellor may appoint for the purpose. (7) The Dean shall be responsible to the Vice-Chancellor for the conduct and maintenance of the standards of teaching in the college and Faculty and shall perform such other functions as may be prescribed by the Ordinances. (8) The Dean shall be the ex officio Chairman of the Board of Studies of the Faculty, a member of the Academic Council, the Research Council and the Extension Education Council of the University. _The Director of Education:_ **5. (1) The Director of Education shall be appointed by the Board on the recommendations of the** Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) The Director of Education shall be entitled to rent free and unfurnished residential accommodation. (3) The Director of Education shall hold office for a term of five years and shall be eligible for reappointment: Provided that Director of Education on attaining the age of sixty-five years shall cease to hold office as such. (4) The Director of Education shall be responsible for planning, co-ordination and supervision for all educational programmes in the various Faculties of the University. _The Director of Research:_ **6. (1) The Director of Research shall be appointed by the Board on the recommendations of the** Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) The Director of Research shall be entitled to rent free and unfurnished accommodation. (3) The Director of Research shall hold office for a term of five years and shall be eligible for reappointment: Provided that the Director of Research on attaining the age of sixty-five years shall cease to hold office as such. (4) The Director of Research shall be responsible for supervision and coordination of all research programmes of the University and shall be responsible to the Vice-Chancellor for performance of his duties. (5) The Director of Research shall be ex officio Member-Secretary of the Research Council of the University. 17 ----- _The Director of Extension Education:_ **7.** (1) The Director of Extension Education shall be appointed by the Board on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) The Director of Extension Education shall be entitled to rent free and unfurnished accommodation. (3) The Director of Extension Education shall hold office for a term of five years and shall be eligible for reappointment: Provided that the Director of Extension Education on attaining the age of sixty-five years shall cease to hold office as such. (4) The Director of Extension Education shall be responsible for supervision and coordination of all Extension Education Programmes in the University and shall be responsible to the Vice-Chancellor for performance of his duties. (5) The Director of Extension Education shall be _ex officio Member-Secretary of the Extension_ Education Council of the University. _The Registrar:_ **8. (1) The Registrar shall be appointed by the Board on the recommendations of a duly constituted** Selection Committee under Statute 18 and he shall be a whole-time salaried officer of the University. (2) The Registrar shall be responsible to the Vice-Chancellor for performance of his duties. (3) The Registrar shall be appointed for a term of five years and shall be eligible for reappointment. (4) He may also be appointed on deputation for a specified period not exceeding five years. (5) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Ordinances: Provided that the Registrar shall retire on attaining the age of sixty years. (6) In case of a person appointed on deputation, his tenure, emoluments and other terms of service shall be according to the terms of deputation. (7) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence, or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (8) (a) The Registrar shall have the power to take disciplinary action against such of the employees excluding teachers, as may be specified in the order of the Board and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment: Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a). (c) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon conclusion of inquiry, make a report to the Vice-Chancellor along with his recommendations: Provided that an appeal shall lie to the Board against an order of the Vice-Chancellor imposing any penalty. (9) The Registrar shall be the _ex officio Secretary of the Board and the Academic Council, but_ shall not be deemed to be a member of any of these authorities. 18 ----- (10) It shall be the duty of the Registrar — (a) to be the custodian of the records, the common seal and such other property of the University as the Board shall commit to his charge; (b) to issue all notice convening meeting of the Board, the Academic Council and of any Committee appointed by those authorities; (c) to keep the minutes of all the meetings of the Board, the Academic Council and of any committees appointed by those authorities; (d) to conduct the official correspondence of the Board and the Academic Council; (e) to arrange for the examinations of the University in accordance with the manner prescribed by the Ordinances or notifications; (f) to supply to the Visitor, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings; (g) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representatives for the purpose; and (h) to perform such other duties as may be specified in the Statutes, the Ordinances or the Regulations or as may be required, from time to time, by the Board or the Vice-Chancellor. _The Comptroller:_ **9. (1) The Comptroller shall be appointed by the Board on the recommendations of a duly** constituted Selection Committee under Statute 18 and he shall be a whole-time salaried officer of the University. (2) The Comptroller shall be appointed for a term of five years and shall be eligible for reappointment. (3) The Comptroller may also be appointed on deputation for a specified period not exceeding five years. (4) The emoluments and other terms and conditions of service of the Comptroller shall be such as may be prescribed by the Ordinances. (5) In case of a person being appointed as Comptroller on deputation, his tenure, emoluments and other terms of service shall be according to the standard of deputation: Provided that the Comptroller shall retire on attaining the age of sixty years. (6) When the office of the Comptroller is vacant or when the Comptroller is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (7) The Comptroller shall be the ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee. (8) The Comptroller shall— (a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and (b) perform such other duties as may be specified in the Statutes, the Ordinances or as may be required, from time to time, by the Board or the Vice-Chancellor. (9) Subject to the control of the Board, the Comptroller shall— (a) hold and manage the property and investments of the University including trust and endowed property; 19 ----- (b) ensure that the limits fixed by the Board for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted; (c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Board; (d) keep a constant watch on the state of the cash and bank balances and on the state of investments; (e) watch the progress of the collection of revenue and advise on the methods of collection employed; (f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to date and that stock-checking is conducted, of equipment and other consumable materials in all offices, specialised laboratories, colleges and institutions maintained by the University; (g) bring to the notice of the Vice-Chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and (h) call for from any office, laboratory, college or institution maintained by the University and information or returns that he may consider necessary for performance of his duties. (10) Any receipt given by the Comptroller or the person or persons duly authorised in this behalf by the Board for any money payable to the University shall be sufficient discharge for payment of such money. _Heads of Departments:_ **10. (1) Each Department shall have a Head appointed by the Vice-Chancellor who shall be not** below the rank of an Associate Professor and whose duties and functions and terms and conditions of appointment shall be prescribed by the Ordinances. (2) The Head of Department shall be responsible to the Dean for teaching, to Director of Research for research, to Director of Extension Education for extension education work. (3) The Dean shall be the administrative controlling officer of the Heads of Departments in college concerned: Provided that if there is more than one Professor in any Department, the Head of the Department shall be appointed by the Vice-Chancellor from amongst the Professors: Provided further that in the case of Department where there is only one Professor, the Vice Chancellor shall have the option, to appoint either the Professor or an Associate Professor as the Head of the Department. (4) It shall be open to a Professor or an Associate Professor to decline the offer of appointment as the Head of the Department. (5) A Professor or an Associate Professor appointed as Head of the Department shall hold office as such for a period of three years and shall be eligible for reappointment. (6) A Head of the Department may resign his office at any time during his tenure of office. (7) A Head of the Department shall perform such functions as may be prescribed by the Ordinances. (8) The Head of the Department shall retire at the age of sixty-five years. _Librarians:_ **11. (1) Every Librarian shall be appointed by the Board on the recommendations of the Selection** Committee constituted for the purpose under Statute 18 and he shall be a whole-time salaried officer of the University. 20 ----- (2) Every Librarian shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor. _Constitution, powers and functions of the Board of Management:_ **12. (1) The Board shall consist of the following members, namely: —** (i) the Vice-Chancellor, ex officio Chairman; (ii) three Secretaries, from amongst the Secretaries-in-charge of the Departments of Agriculture or Animal Husbandry, Fishery and Horticulture of the State of Bihar to be nominated by the Visitor by rotation; (iii) three eminent scientists to be nominated by the Visitor; (iv) one distinguished person representing Agro-based industries or a manufacturer having a special knowledge in agricultural development to be nominated by the Visitor; (v) the Deputy Director-General (Education) representing the Indian Council of Agricultural Research; (vi) one Dean of college and one Director to be nominated by the Vice-Chancellor on rotational basis; (vii) two persons representing farmers to be nominated by the Vice-Chancellor; (viii) one woman social worker representing woman social organisation to be nominated by the Vice-Chancellor; (ix) an Advisor (Agriculture), NITI Aayog; (x) a distinguished authority on natural resource or environment management to be nominated by the Visitor; (xi) two persons not below the rank of Joint Secretary representing respectively the Departments of Government of India dealing with the Agriculture and Animal Husbandry to be nominated by the concerned Secretary to the Government of India; (xii) nominee of the Secretary representing the Department of Agricultural Research and Education, Government of India; (xiii) the Registrar of the University-Secretary. (2) The term of office of the members of the Board, other than ex officio members, shall be three years. (3) The Board shall have the power of management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for. (4) Subject to the provisions of this Act, the Statutes and the Ordinances, the Board shall in addition to all other powers vested in it, have the following powers, namely:— (i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of University staff, subject to the approval of the Indian Council of Agricultural Research; (ii) to appoint such teachers and other academic staff, as may be necessary, and Deans of colleges, Director and Heads of other institutions maintained by the University on the recommendations of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein; (iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances; 21 ----- (iv) to regulate and enforce discipline among employees in accordance with the Statutes and Ordinances; (v) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University, and for that purpose to appoint such agents as it may think fit; (vi) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the Finance Committee; (vii) to invest any money belonging to the University, including any unapplied income, in such stocks, funds shares or securities, from time to time, as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time; (viii) to transfer or accept transfers of any movable or immovable property on behalf of the University; (ix) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University; (x) to enter into, vary, carry out and cancel contracts on behalf of the University; (xi) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the employees and students of the University; (xii) to fix fees, honorarium, emoluments and travelling allowances of examiners or experts or consultants, advisors and officers on special duty; (xiii) to select a common seal for the University and provide for the custody and use of such seal; (xiv) to make such special arrangements as may be necessary for the residence and discipline of women students; (xv) to delegate any of its powers to the Vice-Chancellor, Deans, Directors, Registrar or Comptroller or such other employee or authority of the University or to a Committee appointed by it as it may deem fit; (xvi) to institute fellowships, scholarships, studentships, medals and prizes; (xvii) to provide for appointment of Visiting Professor, Emeritus Professor, Consultant and Officers on Special Duty and scholars and to determine the terms and conditions of such appointment; (xviii) to exercise such other powers and perform such other duties as may be conferred on it by the Act, or the Statutes. _Quorum for meetings of the Board:_ **13. Five members of the Board shall form the quorum for a meeting of the Board.** _Constitution and powers of the Academic Council:_ **14. (1) The Academic Council shall consist of the following members, namely: —** (i) the Vice-Chancellor, ex officio Chairman; (ii) all the Deans of the colleges of the University; (iii) the Director of Research of the University; (iv) the Director of Extension Education of the University; (v) the Director of Education; (vi) a Librarian to be nominated by the Vice-Chancellor on rotational basis; 22 ----- (vii) two eminent scientists to be co-opted from outside the University to be nominated by the Vice-Chancellor; (viii) seven Heads of the Departments, at least one from each Faculty to be nominated by the Vice-Chancellor; (ix) the Registrar of the University, ex officio Secretary. (2) The term of office of the members of the Academic Council other than _ex officio members_ shall be three years. (3) Subject to the Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:— (a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-operative teaching among colleges and institutions, evaluation and improvements in academic standards; (b) to bring about inter-college coordination and establish or appoint Committee on academic matters; (c) to consider matters of general academic interest either on its own initiative or on a reference by a college or the Board and to take appropriate action thereon; and (d) to frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance. _Quorum for meetings of the Academic Council:_ **15. One-third members of the Academic Council shall form the quorum for a meeting of the** Academic Council. _Board of Studies:_ **16. (1) Each Faculty shall have a Board of Studies.** (2) The Board of Studies of each Faculty shall be constituted as under: — (i) Dean of Faculty—Chairperson; (ii) Director of Research—Member; (iii) Director of Extension Education—Member; (iv) All Heads of Departments of the Faculty not below the rank of Associate Professor—Member; (v) One representative of the Academic Council not belonging to the particular Faculty to be nominated by the Vice-Chancellor; (vi) Two eminent scientists from agricultural education system not belonging to the University to be nominated by the Vice-Chancellor; (vii) One final year Post-Graduate student with highest Overall Grade Point Average (OGPA) —Member; (viii) Assistant Registrar (Academic) of the Faculty—Member; (ix) Director of Education—Member. (3) The functions of the Board of Studies shall be to recommend to the Academic Council, the course curriculum to be prescribed for various degrees to be offered by the concerned faculty and to make suitable recommendations for the teaching of the prescribed approved course, namely: — (a) courses of studies and appointment of examiners for courses, but excluding research degrees; (b) appointment of supervisors of research; and (c) measures for the improvement of the standard of teaching and research. 23 ----- _Finance Committee:_ **17. (1) The Finance Committee shall consist of the following members, namely: —** (i) the Vice-Chancellor—Chairman; (ii) Financial Advisor, Department of Agricultural Research and Education or his nominee not below the rank of Deputy Secretary; (iii) three persons to be nominated by the Board, out of whom at least one shall be a member of the Board; (iv) three persons to be nominated by the Visitor; and (v) the Comptroller of the University—Member-Secretary. (2) Three members of the Finance Committee shall form the quorum for meeting of the Finance Committee. (3) The members of the Finance Committee other than ex officio members, shall hold office for a term of three years. (4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee. (5) The Finance Committee shall meet at least twice a year to examine the accounts and to scrutinise proposals for expenditure. (6) Every proposal relating to creation of posts and those items which have not been included in the Budget, shall be examined by the Finance Committee before they are considered by the Board. (7) The annual accounts and the financial estimates of the University prepared by the Comptroller, shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Board for approval. (8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in case of productive works, may include the proceeds of loans). _Selection Committees:_ **18. (1) There shall be a selection Committee for making recommendations to the Board for** appointment to the post of teachers, Comptroller, Registrar, Librarians, Deans of colleges, Directors and Heads of other institutions maintained by the University. (2) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of members as specified in the corresponding entries in column 2 of the said Table: **TABLE** 1 2 3 A. Directors/Deans (i) Vice-Chancellor or his nominee—Chairman (ii) One nominee of the Visitor—Member (iii) Three eminent scientists not below the rank of ViceChancellor or equivalent (serving or retired) to be nominated by the Vice-Chancellor from a panel of six names approved by the Board-Member. B. Professors/Equivalent (i) Vice Chancellor or his nominee—Chairman (ii) One nominee of the Visitor—Member 24 ----- 1 2 3 (iii) Dean of concerned Faculty—Member (iv) Director of Research or Director of Extension Education or Director of Education to be nominated by the Vice-Chancellor—Member (v) Three eminent subject specialists not below the rank of Head of Departments (serving or retired) to be nominated by the Vice-Chancellor out of a panel of six names approved by the Board—Member. C. Associate Professor/Assistant Professor/Equivalent (i) Vice-Chancellor or his nominee—Chairman (ii) One nominee of the Visitor—Member (iii) Dean of concerned Faculty—Member (iv) Director of Education or Director of Research or Director of Extension Education to be nominated by the Vice-Chancellor—Member (v) Two eminent teachers or scientists not below the rank of Professor or equivalent (serving or retired) to be nominated by the Vice-Chancellor out of a panel of six names approved by the Board—Members. D. Registrar/Comptroller/Librarian (i) Vice-Chancellor or his nominee—Chairman (ii) One nominee of the Visitor—Member (iii) One Director/Dean to be nominated by the Vice-Chancellor—Member (iv) Two experts in the concerned subject to be nominated by the Vice-Chancellor, out of a panel of six names approved by the Board—Members. (3) The Vice-Chancellor, or in his absence, his nominee shall preside at the meeting of the Selection Committee: Provided that the meetings of the Selection Committee shall be fixed after prior consultation with the nominees of the Visitor: Provided further that the proceedings of the Selection Committee shall not be valid unless at least two members, not in the service of the University are present in the meeting. (4) The meeting of the Selection Committee shall be convened by the Vice-Chancellor or in his absence by his nominee. (5) The procedure to be followed by the Selection Committee in making recommendations shall be decided by the Committee prior to the interview. (6) If the Board is unable to accept the recommendations made by the Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders. (7) Appointments to temporary posts shall be made in the manner indicated below:— (i) The Vice-Chancellor shall have the authority to appoint a person on _ad hoc basis for a_ period not exceeding six months extendable by a further period of six months with the approval of the Board: Provided that if the Vice-Chancellor is satisfied that in the interest of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis by the local Selection Committee referred to in sub-clause (ii) for the period not exceeding six months. 25 ----- (ii) If the temporary vacancy is for a period less than one year, an appointment to such vacancy shall be made on the recommendation of the local Selection Committee consisting of the Dean of the college concerned, the Head of the Department and a nominee of the Vice-Chancellor: Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor: Provided further that in case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for one month and report to the Vice-Chancellor and the Registrar about such appointment. (iii) No teacher appointed temporarily shall, if he is not recommended by the regular Selection Committee for appointment under the Statutes, be continued in service on such temporary employment, unless he is subsequently selected by the local Selection Committee or the regular Selection Committee, for a temporary or permanent appointment, as the case may be. (8) Mode of constitution of the Selection Committee for non-academic staff, not prescribed in the Statutes, shall be prescribed by the Ordinances. _Special mode of appointment:_ **19. (1) Notwithstanding anything contained in Statute 18, the Board may invite a person of high** academic distinction and professional attainments to accept a post of Professor or Associate Professor or any other academic post in the University, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post. (2) The Board may appoint a teacher or any other academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the Ordinances. _Appointment for a fixed tenure:_ **20. The Board may appoint a person selected in accordance with the procedure laid down in** Statute 18 for a fixed tenure on such terms and conditions as it deems fit. _Qualifications of Director, Dean, Professor, etc.:_ **21. (1) Qualifications of Director, Dean, Professor, Associate Professor and Assistant Professor of** different Faculties and their equivalents in Research and Extension Education shall be as prescribed by the Ordinances. (2) Qualification of non-academic staff shall be prescribed by the Ordinances. _Committees:_ **22. (1) The authorities of the University specified in section 17 may appoint as many standing or** special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority. (2) Any such Committee appointed under clause (1) may deal with any subject delegated to it subject to confirmation by the authority appointing it. _Terms and conditions of service and code of conduct of the teachers, etc.:_ **23. (1) All the teachers and other academic staff of the University shall, in the absence of any** agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. (2) Every teacher and other staff of the University shall be appointed on a written contract, the term of which shall be prescribed by the Ordinances. (3) A copy of every contract referred to in clause (2) shall be deposited with the Registrar. 26 ----- _Terms and conditions of service and code of conduct of other employees:_ **24. All the non-academic employees of the University, shall in the absence of any contract to the** contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations as made from time to time. _Seniority list:_ **25. (1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member** of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and, in accordance with such other principles as the Board may, from time to time, prescribe. (2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1). (3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any person, submit the matter to the Board whose decision thereon shall be final. _Removal of employees of the University:_ **26. (1) Where there is an allegation of misconduct against a teacher, a member of the academic** staff or other employee of the University, the Vice-Chancellor, in case of the teacher or member of the academic staff and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee, may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Board, the circumstances in which the order was made: Provided that the Board may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order. (2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the Board in respect of teacher and other academic staff and the appointing authority, in respect of other employees, shall have the power to remove a teacher or a member of the academic staff, or other employees, as the case may be, on grounds of misconduct. (3) Save as aforesaid, the Board or the appointing authority, as the case may be, shall not be entitled to remove any teacher, member of the academic staff or other employees except for a good cause and after giving three months, notice or on payment of three months salary in lieu thereof. (4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made: Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension. (6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or other employee may resign,— (a) if he is a permanent employee, only after giving three months' notice in writing to the Board or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof; (b) if he is not a permanent employee, only after giving one month's notice in writing to the Board or, the appointing authority, as the case may be, or by paying one month's salary in lieu thereof: 27 ----- Provided that such resignation shall take effect only on the date from which the resignation is accepted by the Board or the appointing authority, as the case may be. _Honorary degrees:_ **27. (1) The Board may, on the recommendation of the Academic Council and by a resolution** passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees: Provided that in case of emergency, the Board may, on its own motion, make such proposals. (2) The Board may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University. _Withdrawal of degrees, etc.:_ **28. The Board may, by a special resolution passed by a majority of not less than two-thirds of the** members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause: Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Board. _Maintenance of discipline among students of the University:_ **29. (1) All powers relating to discipline and disciplinary action in relation to students of the** University shall vest in the Vice-Chancellor. (2) The Vice-Chancellor may delegate all or any of his powers as he deems proper to such officers as he may specify in this behalf. (3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a college, institution or Department of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, college, institution or Department for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled. (4) The Dean of colleges, institutions and Heads of the teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions and teaching Departments in the University as may be necessary for the proper conduct of such colleges, institutions and teaching in the Departments. (5) Without prejudice to the powers of the Vice-Chancellor, the Deans and other persons specified in clause (4), detailed rules of disciplines and proper conduct shall be made by the University. (6) The Deans of the colleges, institutions and Heads of the teaching Departments in the University may also make the supplementary rules as they deem necessary for the purposes referred to in clause (5). (7) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University. _Maintenance of discipline among students of colleges, etc.:_ **30. All powers relating to discipline and disciplinary action in relation to the students of the** college or an institution maintained by the University, shall vest in the Dean of the College or institution, as the case may be, in accordance with the procedure prescribed by the Ordinances. 28 ----- _Convocations:_ **31. Convocations of the University for the conferring of the degrees or for other purposes shall be** held in such manner as may be prescribed by the Ordinances. _Acting Chairman:_ **32. When no provision is made for a Chairman to preside over a meeting of any Committee or** when the Chairman so provided for is absent, or the Vice-Chancellor has not in writing made any arrangement, the members shall elect one from among themselves to preside over meeting. _Resignation:_ **33. Any member, other than an ex officio member of the Board, Academic Council or any other** authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar. _Disqualifications:_ **34. (1) A person shall be disqualified for being chosen as, and for being, a member of any of the** authorities of the University,— (i) if he is of unsound mind; (ii) if he is an undischarged insolvent; (iii) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for a period of not less than six months. (2) If any question arises as to whether a person is or has been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the Visitor and his decision thereon shall be final and no suit or other proceeding shall lie in any civil court against such decision. _Residence condition for membership and office:_ **35. Notwithstanding anything contained in the Statutes, a person who is not ordinarily resident in** India shall not be eligible to be an officer of the University or a member of any authority of the University. _Membership of authorities by virtue of membership of other bodies:_ **36. Notwithstanding anything contained in the Statutes, a person who holds any post in the** University or is a member of any authority of the University in his capacity as a member of a particular authority or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or the holder of that particular appointment, as the case may be. _Alumni Association:_ **37. (1) There shall be an Alumni Association for the University.** (2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances. (3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the said association for at least one year prior to the date of the election and is a degree holder of the University of at least five years standing: Provided that the condition relating to the completion of one year’s membership shall not apply in the case of the first election. _Students' Council:_ **38. (1) There shall be, in each College of the University, a Students’ Council for each academic** session for the purpose of making recommendations to the authorities of the University with regard to 29 ----- various activities relating to students welfare, including games, sports, dramatics, debates, cultural activities, etc., and such Council shall consist of: — (i) the Dean of the College—Chairperson; (ii) all Hostel Wardens; (iii) Campus Estate Officer; (iv) five Heads of the Departments to be nominated by the Dean; (v) Hostel Prefects; (vi) one student from each class or year who has secured the Highest Overall Grade Point Average (OGPA) in the previous academic session; (vii) Students Welfare Officer—Member-Secretary. (2) The Students Council shall meet at least once in each semester. _Ordinances how made:_ **39. (1) The first Ordinances made under sub-section (2) of section 27 may be amended or** repealed at any time by the Board in the manner specified below. (2) No Ordinances in respect of the matters enumerated in section 27, other than those enumerated in clause (n) of sub-section (1) thereof shall be made by the Board unless a draft of such Ordinance has been proposed by the Academic Council. (3) The Board shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for reconsideration either in whole or in part, together with any amendment which the Board may suggest. (4) Where the Board has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total member of numbers of the Academic Council, the draft may be sent back to the Board which shall either adopt it or refer it to the Visitor whose decision shall be final. (5) Every Ordinance made by the Board shall come into effect immediately. (6) Every Ordinance made by the Board shall be submitted to the Visitor within two weeks from the date of its adoption. (7) The Visitor shall have the power to direct the University within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible, inform the Board about his objection to the proposed Ordinance. (8) The Visitor may, after receiving the comments of the University, either withdraw the order suspending the Ordinance, or disallow the Ordinance and his decision shall be final. _Regulations:_ **40. (1) The authorities of the University may make Regulations consistent with the Act, the** Statutes and the Ordinances for the following matters, namely:— (i) laying down the procedure to be observed at meetings and the number of members required to form a quorum; (ii) providing for all matters which are required by the Act, the Statutes or the Ordinances to be specified by the Regulations; (iii) providing for all other matters concerning such authority or Committees appointed by them and not provided for by the Act, the Statutes or the Ordinances. 30 ----- (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authorities of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Board may direct the amendment in such manner as it may specify of any Regulation made under the Statutes or the annulment of any such Regulation. _Delegation of Powers:_ **41. Subject to the provisions of the Act and the Statutes, any officer or authority of the University** may delegate his or its power to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of power so delegated shall continue to vest in the officer or authority delegating such power. _Collaboration with other Institution and Organisations:_ **42. The University shall have the authority to enter into an agreement through a Memorandum of** Understanding with any research and/or academic institution of higher learning to conduct collaborative Post-Graduate Research Programme to fulfil the partial requirement for the award of Master's and Ph. D. degrees of the University. _Constitution and Function of Research Council:_ **43. (1) There shall be a Research Council of the University to exercise general supervision over** the research policies and programmes of the University in the area of Agriculture and allied disciplines. (2) The Research Council shall consist of the following members, namely:— (i) the Vice-Chancellor—Chairman; (ii) Director of Extension Education—Member; (iii) Director of Education—Member; (iv) all Deans of the colleges of the University—Members; (v) Nominee of the State Governments not below the rank of Director—Members; (vi) all co-ordinators of the Research Teams of the University—Members; (vii) two eminent agricultural scientists to be nominated by the Vice-Chancellor for three years—Members; (viii) Director of Research—Member-Secretary. (3) The Research Council shall meet at least once in a year. (4) One-third members of the Research Council shall form a quorum for the meeting of the Research Council. (5) If a vacancy occurs due to resignation or otherwise the same shall be filled up for the remaining period. _Constitution and function of the Extension Education Council:_ **44. (1) There shall be an Extension Education Council of the University to exercise general** supervision over the extension education policies and programmes of the University in the area of Agriculture and allied disciplines. (2) The Extension Education Council shall consist of the following members, namely: — (i) the Vice-Chancellor—Chairman; (ii) Director of Research—Member; (iii) Director of Education—Member; 31 ----- (iv) all Deans of the colleges of the University—Members; (v) Nominee of the State Governments not below the rank of Director—Members; (vi) two farmers' representatives and one woman social worker to be nominated by the Vice-Chancellor for a term of three years—Members; (vii) two eminent scientists from outside the University to be nominated by the Vice-Chancellor for two years—Members; (viii) Director of Extension Education—Member-Secretary. (3) The Extension Education Council shall meet at least once in a year. (4) One-third members of the Extension Education Council shall form a quorum for the meeting of the Extension Education Council. _Application of the Central Civil Services (Pension) Rules, 1972, etc.:_ **45. (1) All regular employees of the University shall be governed by the provisions of the Central** Civil Services (Pension) Rules, 1972, and the General Provident Fund (Central Services) Rules, 1960, in respect of grant of Pension and Gratuity and General Provident Fund. (2) Any amendment made by the Government of India in the Central Civil Services (Pension) Rules, 1972, and the General Provident Fund (Central Services) Rules, 1960, shall also be applicable to employees of the University. (3) In respect of commutation of pension, with any amendments there to the provisions of the Central Civil Services (Commutation of Pension) Rules, 1981, shall apply. (4) The Vice-Chancellor shall be the pension sanctioning authority and the pension authorisation authority. (5) Pension payment shall be centralised and controlled by Comptroller's office. 32 -----

28-May-2016

31

The Insolvency and Bankruptcy Code, 2016.

https://www.indiacode.nic.in/bitstream/123456789/2154/5/A2016-31.pdf

central

# THE INSOLVENCY AND BANKRUPTCY CODE, 2016 Last Update 18-8-2021 ___________ ARRANGEMENT OF SECTIONS ___________ PART I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Application. 3. Definitions. PART II INSOLVENCY RESOLUTION AND LIQUIDATION FOR CORPORATE PERSONS CHAPTER I PRELIMINARY 4. Application of this Part. 5. Definitions. CHAPTER II CORPORATE INSOLVENCY RESOLUTION PROCESS 6. Persons who may initiate corporate insolvency resolution process. 7. Initiation of corporate insolvency resolution process by financial creditor. 8. Insolvency resolution by operational creditor. 9. Application for initiation of corporate insolvency resolution process by operational creditor. 10. Initiation of corporate insolvency resolution process by corporate applicant. 10A. Suspension of initiation of corporate insolvency resolution process. 11. Persons not entitled to make application. 11A. Disposal of applications under section 54C and under section 7 or section 9 or section 10. 12. Time-limit for completion of insolvency resolution process. 12A. Withdrawal of application admitted under section 7, 9 or 10. 13. Declaration of moratorium and public announcement. 14. Moratorium. 15. Public announcement of corporate insolvency resolution process. 16. Appointment and tenure of interim resolution professional. 17. Management of affairs of corporate debtor by interim resolution professional. 18. Duties of interim resolution professional. 1 ----- SECTIONS 19. Personnel to extend co-operation to interim resolution professional. 20. Management of operations of corporate debtor as going concern. 21. Committee of creditors. 22. Appointment of resolution professional. 23. Resolution professional to conduct corporate insolvency resolution process. 24. Meeting of committee of creditors. 25. Duties of resolution professional. 25A. Rights and duties of authorised representative of financial creditors. 26. Application for avoidance of transactions not to affect proceedings. 27. Replacement of resolution professional by committee of creditors. 28. Approval of committee of creditors for certain actions. 29. Preparation of information memorandum. 29A. Person not eligible to be resolution applicant. 30. Submission of resolution plan. 31. Approval of resolution plan. 32. Appeal. 32A. Liability for prior offences, etc. CHAPTER III LIQUIDATION PROCESS 33. Initiation of liquidation. 34. Appointment of liquidator and fee to be paid. 35. Powers and duties of liquidator. 36. Liquidation estate. 37. Powers of liquidator to access information. 38. Consolidation of claims. 39. Verification of claims. 40. Admission or rejection of claims. 41. Determination of valuation of claims. 42. Appeal against the decision of liquidator. 43. Preferential transactions and relevant time. 44. Orders in case of preferential transactions. 45. Avoidance of undervalued transactions. 46. Relevant period for avoidable transactions. 2 ----- SECTIONS 47. Application by creditor in cases of undervalued transactions. 48. Order in cases of undervalued transactions. 49. Transactions defrauding creditors. 50. Extortionate credit transactions. 51. Orders of Adjudicating Authority in respect of extortionate credit transactions. 52. Secured creditor in liquidation proceedings. 53. Distribution of assets. 54. Dissolution of corporate debtor. CHAPTER III-A PRE-PACKAGED INSOLVENCY RESOLUTION PROCESS 54A. Corporate debtors eligible for pre-packaged insolvency resolution process. 54B. Duties of insolvency professional before initiation of pre-packaged insolvency resolution process. 54C. Application to initiate pre-packaged insolvency resolution process. 54D. Time-limit for completion of pre-packaged insolvency resolution process. 54E. Declaration of moratorium and public announcement during pre-packaged insolvency resolution process. 54F. Duties and powers of resolution professional during pre-packaged insolvency resolution process. 54G. List of claims and preliminary information memorandum. 54H. Management of affairs of corporate debtor. 54-I. Committee of creditors. 54J. Vesting management of corporate debtor with resolution professional. 54K. Consideration and approval of resolution plan. 54L. Approval of resolution plan. 54M. Appeal against order under section 54L. 54N. Termination of pre-packaged insolvency resolution process. 54-O. Initiation of corporate insolvency resolution process. 54P. Application of provisions of Chapters II, III, VI and VII to this Chapter. CHAPTER IV FAST TRACK CORPORATE INSOLVENCY RESOLUTION PROCESS 55. Fast track corporate insolvency resolution process. 56. Time period for completion of fast track corporate insolvency resolution process. 57. Manner of initiating fast track corporate insolvency resolution process. 58. Applicability of Chapter II to this Chapter. 3 ----- CHAPTER V VOLUNTARY LIQUIDATION OF CORPORATE PERSONS SECTIONS 59. Voluntary liquidation of corporate persons. CHAPTER VI ADJUDICATING AUTHORITY FOR CORPORATE PERSONS 60. Adjudicating Authority for corporate persons. 61. Appeals and Appellate Authority. 62. Appeal to Supreme Court. 63. Civil court not to have jurisdiction. 64. Expeditious disposal of applications. 65. Fraudulent or malicious initiation of proceedings. 66. Fraudulent trading or wrongful trading. 67. Proceedings under section 66. 67A. Fraudulent management of corporate debtor during pre-packaged insolvency resolution process. CHAPTER VII OFFENCES AND PENALTIES 68. Punishment for concealment of property. 69. Punishment for transactions defrauding creditors. 70. Punishment for misconduct in course of corporate insolvency resolution process. 71. Punishment for falsification of books of corporate debtor. 72. Punishment for wilful and material omissions from statements relating to affairs of corporate debtor. 73. Punishment for false representations to creditors. 74. Punishment for contravention of moratorium or the resolution plan. 75. Punishment for false information furnished in application. 76. Punishment for non-disclosure of dispute or repayment of debt by operational creditor. 77. Punishment for providing false information in application made by corporate debtor. 77A. Punishment for offences related to pre-packaged insolvency resolution process. 4 ----- PART III INSOLVENCY RESOLUTION AND BANKRUPTCY FOR INDIVIDUALS AND PARTNERSHIP FIRMS CHAPTER I PRELIMINARY SECTIONS 78. Application. 79. Definitions. CHAPTER II FRESH START PROCESS 80. Eligibility for making an application. 81. Application for fresh start order. 82. Appointment of resolution professional. 83. Examination of application by resolution professional. 84. Admission or rejection of application by Adjudicating Authority. 85. Effect of admission of application. 86. Objections by creditor and their examination by resolution professional. 87. Application against decision of resolution professional. 88. General duties of debtor. 89. Replacement of resolution professional. 90. Directions for compliances of restrictions, etc. 91. Revocation of order admitting application. 92. Discharge order. 93. Standard of conduct. CHAPTER III INSOLVENCY RESOLUTION PROCESS 94. Application by debtor to initiate insolvency resolution process. 95. Application by creditor to initiate insolvency resolution process. 96. Interim moratorium. 97. Appointment of resolution professional. 98. Replacement of resolution professional. 99. Submission of report by resolution professional. 5 ----- SECTIONS 100. Admission or rejection of application. 101. Moratorium. 102. Public notice and claims from creditors. 103. Registering of claims by creditors. 104. Preparation of list of creditors. 105. Repayment plan. 106. Report of resolution professional on repayment plan. 107. Summoning of meeting of creditors. 108. Conduct of meeting of creditors. 109. Voting rights in meeting of creditors. 110. Rights of secured creditors in relation to repayment plan. 111. Approval of repayment plan by creditors. 112. Report of meeting of creditors on repayment plan. 113. Notice of decisions taken at meeting of creditors. 114. Order of Adjudicating Authority on repayment plan. 115. Effect of order of Adjudicating Authority on repayment plan. 116. Implementation and supervision of repayment plan. 117. Completion of repayment plan. 118. Repayment plan coming to end prematurely. 119. Discharge order. 120. Standard of conduct. CHAPTER IV BANKRUPTCY ORDER FOR INDIVIDUALS AND PARTNERSHIP FIRMS 121. Application for bankruptcy. 122. Application by debtor. 123. Application by creditor. 124. Effect of application. 125. Appointment of insolvency professional as bankruptcy trustee. 126. Bankruptcy order. 6 ----- SECTIONS 127. Validity of bankruptcy order. 128. Effect of bankruptcy order. 129. Statement of financial position. 130. Public notice inviting claims from creditors. 131. Registration of claims. 132. Preparation of list of creditors. 133. Summoning of meeting of creditors. 134. Conduct of meeting of creditors. 135. Voting rights of creditors. 136. Administration and distribution of estate of bankruptcy. 137. Completion of administration. 138. Discharge order. 139. Effect of discharge. 140. Disqualification of bankrupt. 141. Restrictions on bankrupt. 142. Modification or recall of bankruptcy order. 143. Standard of conduct. 144. Fees of bankruptcy trustee. 145. Replacement of bankruptcy trustee. 146. Resignation by bankruptcy trustee. 147. Vacancy in office of bankruptcy trustee. 148. Release of bankruptcy trustee. CHAPTER V ADMINISTRATION AND DISTRIBUTION OF THE ESTATE OF THE BANKRUPT 149. Functions of bankruptcy trustee. 150. Duties of bankrupt towards bankruptcy trustee. 151. Rights of bankruptcy trustee. 152. General powers of bankruptcy trustee. 153. Approval of creditors for certain acts. 154. Vesting of estate of bankrupt in bankruptcy trustee. 7 ----- SECTIONS 155. Estate of bankrupt. 156. Delivery of property and documents to bankruptcy trustee. 157. Acquisition of control by bankruptcy trustee. 158. Restrictions on disposition of property. 159. After-acquired property of bankrupt. 160. Onerous property of bankrupt. 161. Notice to disclaim onerous property. 162. Disclaimer of leaseholds. 163. Challenge against disclaimed property. 164. Undervalued transactions. 165. Preference transactions. 166. Effect of order. 167. Extortionate credit transactions. 168. Obligations under contracts. 169. Continuance of proceedings on death of bankrupt. 170. Administration of estate of deceased bankrupt. 171. Proof of debt. 172. Proof of debt by secured creditors. 173. Mutual credit and set-off. 174. Distribution of interim dividend. 175. Distribution of property. 176. Final dividend. 177. Claims of creditors. 178. Priority of payment of debts. CHAPTER VI ADJUDICATING AUTHORITY FOR INDIVIDUALS AND PARTNERSHIP FIRMS 179. Adjudicating authority for individuals and partnership firms. 180. Civil court not to have jurisdiction. 181. Appeal to Debt Recovery Appellate Tribunal. 182. Appeal to Supreme Court. 8 ----- SECTIONS 183. Expeditious disposal of applications. CHAPTER VII OFFENCES AND PENALTIES 184. Punishment for false information, etc., by creditor in insolvency resolution process. 185. Punishment for contravention of provisions. 186. Punishment for false information, concealment, etc., by bankrupt. 187. Punishment for certain actions. PART IV REGULATION OF INSOLVENCY PROFESSIONALS, AGENCIES AND INFORMATION UTILITIES CHAPTER I THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA 188. Establishment and incorporation of Board. 189. Constitution of Board. 190. Removal of member from office. 191. Powers of Chairperson. 192. Meetings of Board. 193. Member not to participate in meetings in certain cases. 194. Vacancies, etc., not to invalidate proceedings of Board, Officers and employees of Board. 195. Power to designate financial sector regulator. CHAPTER II POWERS AND FUNCTIONS OF THE BOARD 196. Powers and functions of Board. 197. Constitution of advisory committee, executive committee or other committee. 198. Condonation of delay. CHAPTER III INSOLVENCY PROFESSIONAL AGENCIES 199. No person to function as insolvency professional agency without valid certificate of registration. 200. Principles governing registration of insolvency professional agency. 201. Registration of insolvency professional agency. 202. Appeal to National Company Law Appellate Tribunal. 9 ----- SECTIONS 203. Governing Board of insolvency professional agency. 204. Functions of insolvency professional agencies. 205. Insolvency professional agencies to make bye-laws. CHAPTER IV INSOLVENCY PROFESSIONALS 206. Enrolled and registered persons to act as insolvency professionals. 207. Registration of insolvency professionals. 208. Functions and obligations of insolvency professionals. CHAPTER V INFORMATION UTILITIES 209. No person to function as information utility without certificate of registration. 210. Registration of information utility. 211. Appeal to National Company Law Appellate Tribunal. 212. Governing Board of information utility. 213. Core services, etc., of information utilities. 214. Obligations of information utility. 215. Procedure for submission, etc., of financial information. 216. Rights and obligations of persons submitting financial information. CHAPTER VI INSPECTION AND INVESTIGATION 217. Complaints against insolvency professional agency or its member or information utility. 218. Investigation of insolvency professional agency or its member or information utility. 219. Show cause notice to insolvency professional agency or its member or information utility. 220. Appointment of disciplinary committee. CHAPTER VII FINANCE, ACCOUNTS AND AUDIT 221. Grants by Central Government. 222. Board’s Fund. 223. Accounts and audit. 10 ----- PART V MISCELLANEOUS SECTIONS 224. Insolvency and Bankruptcy Fund. 225. Power of Central Government to issue directions. 226. Power of Central Government to supersede Board. 227. Power of Central Government to notify financial service providers, etc. 228. Budget. 229. Annual report. 230. Delegation. 231. Bar of jurisdiction. 232. Members, officers and employees of Board to the public servants. 233. Protection of action taken in good faith. 234. Agreements with foreign countries. 235. Letter of request to a country outside India in certain cases. 235A. Punishment where no specific penalty or punishment is provided. 236. Trial of offences by Special Court. 237. Appeal and revision. 238. Provisions of this Code to override other laws. 238A. Limitation. 239. Power to make rules. 240. Power to make regulations. 240A. Application of this Code to micro, small and medium enterprises. 241. Rules and regulations to be laid before Parliament. 242. Power to remove difficulties. 243. Repeal of certain enactments and savings. 244. Transitional provisions. 245. Amendments of Act 9 of 1932. 246. Amendments of Act 1 of 1944. 247. Amendments of Act 43 of 1961. 248. Amendments of Act 52 of 1962. 11 ----- SECTIONS 249. Amendments of Act 51 of 1993. 250. Amendments of Act 32 of 1994. 251. Amendments of Act 54 of 2002. 252. Amendments of Act 1 of 2004. 253. Amendments of Act 51 of 2007. 254. Amendments of Act 6 of 2009. 255. Amendments of Act 18 of 2013. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. THE FIFTH SCHEDULE. THE SIXTH SCHEDULE. THE SEVENTH SCHEDULE. THE EIGHTH SCHEDULE. THE NINTH SCHEDULE. THE TENTH SCHEDULE. THE ELEVENTH SCHEDULE. 12 ----- # THE INSOLVENCY AND BANKRUPTCY CODE, 2016 ACT NO. 31 OF 2016 [28th May, 2016.] # An Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues and to establish an Insolvency and Bankruptcy Board of India, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title, extent and commencement.—(1) This Code may be called the Insolvency and** Bankruptcy Code, 2016. (2) It extends to the whole of India: 1* - - - (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint: 1. The proviso omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 2. 5th August, 2016, _vide Notification no. S.O. 2618(E), dated 5th August, 2016 (ss. 188 to 194), see Gazette of India,_ Extraordinary, Part II, sec. 3(ii). 19th August, 2016—S. 3, cls. (1), (5), (22), (26), (28), (37), ss. 221, 222, 225, 230, 232, 233, sub-section (1) of cls. (zd), subsection (2) of section 239, sub-section (1) and cls. (zt), sub-section (2) of section 240; ss. 241 and 242; vide notification No. S.O. 2746(E), dated 19th August 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st November, 2016—S. 3 of Cla. (2), (3), (4), (6), (7), (8), (9), (10), (11), (12),(13), (14), (15), (16), (17), (18), (19), (20), (21), (23), (24), (25), (27), (29), (30), (31), (32), (33), (34), (35), (36), ss. 196, 197, 223, sub-section (2) of section 239, clause (ze), (zf), (zg), (zh), (zl), (zm), sub-section (2) of section 240;cls. (a) to (zm); (zu) to (zzzc); s. 244, 246 to 248 (both inclusive); 250, 252, vide notification No. S.O. 3344(E), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 15th November, 2016—S. 199 to 207 (both inclusive), sub-section (1) of 208, Cl.(c), (e), s. 208(2), s. 217 to 220 (both inclusive), ss. 251, 253, 254 and 255, vide Notification No. S.O. 3453(E), dated 15th November, 2016 1st December, 2016 —S. 2, Cl.(a) to (d)(except with regard to voluntary liquidation or Bankruptcy), s. 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70 (both inclusive), ss. 198, 231, 236, 237, 238(both inclusive), sub-section (2) of s. 239, cl (a), (b), (c), (d), (e), (d), (f), vide notification No. S.O. 3594(E) dated 30th November 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 15[th] December 2016—Ss 33 to 54 (both inclusive), vide notification No. S.O. 3687(E), dated 9[th] December 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st April 2017—Sub-section (2) of cls. (a) to (d), _vide notification No. S.O. 1570(E), dated 15[th] May 2017,_ _see Gazette of_ India, Extraordinary, Part II, sec. 3(ii). 1st April 2017—S. 59; Ss. 209 to 215 (both inclusive); Sub-section (1) of S 216; Ss. 234 and 235 vide notification No. S.O. 1005(E), dated 30[th] March 2017, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 14th June 2017—Ss 55 to 58 (both inclusive), vide notification No. S.O. 1910(E), dated 14[th] June 2017, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st May, 2018—Ss. 227 to 229 (both inclusive), vide notification No. S.O. 1817(E), dated 1[st] May 2018, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st December, 2019—S. 2 clause (e), s. 78 (except with regard to fresh start process) and s. 79, ss. 94 to 187 (both inclusive), clause (g) to clause (i) of sub-section (2) of s. 239, clause (m) to clause (zc) of sub-section (2) of s. 239, clause (zn) to clause (zs) of sub-section (2) of s. 240 and s. 249, in so far as they relate to personal guarantors to corporate debtors, _vide notification No. S. O. 4126 (E), dated 15th_ November, 2019, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 13 ----- Provided that different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the commencement of that provision. **2. Application.—The provisions of this Code shall apply to—** (a) any company incorporated under the Companies Act, 2013 (18 of 2013) or under any previous company law; (b) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; (c) any Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008 (6 of 2009); (d) such other body incorporated under any law for the time being in force, as the Central Government may, by notification, specify in this behalf; [1]*** 2[(e) personal guarantors to corporate debtors; (f) partnership firms and proprietorship firms; and (g) individuals, other than persons referred to in clause (e),] **3. Definitions.—In this Code, unless the context otherwise requires,—** (1) “Board” means the Insolvency and Bankruptcy Board of India established under sub-section (1) of section 188; (2) “bench” means a bench of the Adjudicating Authority; (3) “bye-laws” mean the bye-laws made by the insolvency professional agency under section 205; (4) “charge” means an interest or lien created on the property or assets of any person or any of its undertakings or both, as the case may be, as security and includes a mortgage; (5) “Chairperson” means the Chairperson of the Board; (6) “claim” means— (a) a right to payment, whether or not such right is reduced to judgment, fixed, disputed, undisputed, legal, equitable, secured or unsecured; (b) right to remedy for breach of contract under any law for the time being in force, if such breach gives rise to a right to payment, whether or not such right is reduced to judgment, fixed, matured, unmatured, disputed, undisputed, secured or unsecured; (7) “corporate person” means a company as defined in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013), a limited liability partnership, as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009), or any other person incorporated with limited liability under any law for the time being in force but shall not include any financial service provider; (8) “corporate debtor” means a corporate person who owes a debt to any person; (9) “core services” means services rendered by an information utility for— (a) accepting electronic submission of financial information in such form and manner as may be specified; 1. The word “and” omitted by Act 8 of 2018, s. 2 (w.e.f. 23-11-2017). 2. Subs. by s. 2, ibid., for clause (e) (w.e.f. 23-11-2017). 14 ----- (b) safe and accurate recording of financial information; (c) authenticating and verifying the financial information submitted by a person; and (d) providing access to information stored with the information utility to persons as may be specified; (10) “creditor” means any person to whom a debt is owed and includes a financial creditor, an operational creditor, a secured creditor, an unsecured creditor and a decree-holder; (11) “debt” means a liability or obligation in respect of a claim which is due from any person and includes a financial debt and operational debt; (12) “default” means non-payment of debt when whole or any part or instalment of the amount of debt has become due and payable and is not [1][Paid] by the debtor or the corporate debtor, as the case may be; (13) “financial information”, in relation to a person, means one or more of the following categories of information, namely:— (a) records of the debt of the person; (b) records of liabilities when the person is solvent; (c) records of assets of person over which security interest has been created; (d) records, if any, of instances of default by the person against any debt; (e) records of the balance sheet and cash-flow statements of the person; and (f) such other information as may be specified; (14) “financial institution” means— (a) a scheduled bank; (b) financial institution as defined in section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934); (c) public financial institution as defined in clause (72) of section 2 of the Companies Act, 2013 (18 of 2013); and (d) such other institution as the Central Government may by notification specify as a financial institution; (15) “financial product” means securities, contracts of insurance, deposits, credit arrangements including loans and advances by banks and financial institutions, retirement benefit plans, small savings instruments, foreign currency contracts other than contracts to exchange one currency (whether Indian or not) for another which are to be settled immediately, or any other instrument as may be prescribed; (16) “financial service” includes any of the following services, namely:— (a) accepting of deposits; (b) safeguarding and administering assets consisting of financial products, belonging to another person, or agreeing to do so; (c) effecting contracts of insurance; 1. Subs. by Act 26 of 2018, s. 2 for “repaid” (w.e.f. 6-6-2018). 15 ----- (d) offering, managing or agreeing to manage assets consisting of financial products belonging to another person; (e) rendering or agreeing, for consideration, to render advice on or soliciting for the purposes of— (i) buying, selling, or subscribing to, a financial product; (ii) availing a financial service; or (iii) exercising any right associated with a financial product or financial service; (f) establishing or operating an investment scheme; (g) maintaining or transferring records of ownership of a financial product; (h) underwriting the issuance or subscription of a financial product; or (i) selling, providing, or issuing stored value or payment instruments or providing payment services; (17) “financial service provider” means a person engaged in the business of providing financial services in terms of authorisation issued or registration granted by a financial sector regulator; (18) “financial sector regulator” means an authority or body constituted under any law for the time being in force to regulate services or transactions of financial sector and includes the Reserve Bank of India, the Securities and Exchange Board of India, the Insurance Regulatory and Development Authority of India, the Pension Fund Regulatory Authority and such other regulatory authorities as may be notified by the Central Government; (19) “insolvency professional” means a person enrolled under section 206 with an insolvency professional agency as its member and registered with the Board as an insolvency professional under section 207; (20) “insolvency professional agency” means any person registered with the Board under section 201 as an insolvency professional agency; (21) “information utility” means a person who is registered with the Board as an information utility under section 210; (22) “notification” means a notification published in the Official Gazette, and the terms “notified” and “notify” shall be construed accordingly; (23) “person” includes— (a) an individual; (b) a Hindu Undivided Family; (c) a company; (d) a trust; (e) a partnership; (f) a limited liability partnership; and (g) any other entity established under a statute, and includes a person resident outside India; (24) “person resident in India” shall have the meaning as assigned to such term in clause (v) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999); 16 ----- (25) “person resident outside India” means a person other than a person resident in India; (26) “prescribed” means prescribed by rules made by the Central Government; (27) “property” includes money, goods, actionable claims, land and every description of property situated in India or outside India and every description of interest including present or future or vested or contingent interest arising out of, or incidental to, property; (28) “regulations” means the regulations made by the Board under this Code; (29) “Schedule” means the Schedule annexed to this Code; (30) “secured creditor” means a creditor in favour of whom security interest is created; (31) “security interest” means right, title or interest or a claim to property, created in favour of, or provided for a secured creditor by a transaction which secures payment or performance of an obligation and includes mortgage, charge, hypothecation, assignment and encumbrance or any other agreement or arrangement securing payment or performance of any obligation of any person: Provided that security interest shall not include a performance guarantee; (32) “specified” means specified by regulations made by the Board under this Code and the term “specify” shall be construed accordingly; (33) “transaction” includes a agreement or arrangement in writing for the transfer of assets, or funds, goods or services, from or to the corporate debtor; (34) “transfer” includes sale, purchase, exchange, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien; (35) “transfer of property” means transfer of any property and includes a transfer of any interest in the property and creation of any charge upon such property; (36) “workman” shall have the same meaning as assigned to it in clause (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947); (37) words and expressions used but not defined in this Code but defined in the Indian Contract Act, 1872 (9 of 1872), the Indian Partnership Act, 1932 (9 of 1932), the Securities Contact (Regulation) Act, 1956 (42 of 1956), the Securities Exchange Board of India Act, 1992 (15 of 1992), the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), the Limited Liability Partnership Act, 2008 (6 of 2009) and the Companies Act, 2013 (18 of 2013), shall have the meanings respectively assigned to them in those Acts. PART II INSOLVENCY RESOLUTION AND LIQUIDATION FOR CORPORATE PERSONS CHAPTER I PRELIMINARY **4.** **Application of this Part.—(1) This Part shall apply to matters relating to the insolvency and** liquidation of corporate debtors where the minimum amount of the default is [1][one crore rupees]: Provided that the Central Government may, by notification, specify the minimum amount of default of higher value which shall not be more than one crore rupees. 2[Provided further that the Central Government may, by notification, specify such minimum amount of default of higher value, which shall not be more than one crore rupees, for matters relating to the prepackaged insolvency resolution process of corporate debtors under Chapter III-A.] **5. Definitions.—In this Part, unless the context otherwise requires,—** 1. Subs. by Notification No. S.O. 1205(E), for “one lakh rupees” (w.e.f. 24-3-2020). 2. Ins. by Act 26 of 2021, s. 2 (w.e.f. 4-4-2021). 17 ----- (1) “Adjudicating Authority”, for the purposes of this Part, means National Company Law Tribunal constituted under section 408 of the Companies Act, 2013 (18 of 2013); (2) “auditor” means a chartered accountant certified to practice as such by the Institute of Chartered Accountants of India under section 6 of the Chartered Accountants Act, 1949 (38 of 1949); 1[(2A) “base resolution plan” means a resolution plan provided by the corporate debtor under clause (c) of sub-section (4) of section 54A;] (3) “Chapter” means a Chapter under this Part; (4) “constitutional document”, in relation to a corporate person, includes articles of association, memorandum of association of a company and incorporation document of a Limited Liability Partnership; (5) “corporate applicant” means— (a) corporate debtor; or (b) a member or partner of the corporate debtor who is authorised to make an application for the corporate insolvency resolution process [1][or the pre-packaged insolvency resolution process, as the case may be,] under the constitutional document of the corporate debtor; or (c) an individual who is in charge of managing the operations and resources of the corporate debtor; or (d) a person who has the control and supervision over the financial affairs of the corporate debtor; 2[(5A) “corporate guarantor” means a corporate person who is the surety in a contract of guarantee to a corporate debtor;] (6) “dispute” includes a suit or arbitration proceedings relating to— (a) the existence of the amount of debt; (b) the quality of goods or service; or (c) the breach of a representation or warranty; (7) “financial creditor” means any person to whom a financial debt is owed and includes a person to whom such debt has been legally assigned or transferred to; (8) “financial debt” means a debt along with interest, if any, which is disbursed against the consideration for the time value of money and includes— (a) money borrowed against the payment of interest; (b) any amount raised by acceptance under any acceptance credit facility or its de-materialised equivalent; (c) any amount raised pursuant to any note purchase facility or the issue of bonds, notes, debentures, loan stock or any similar instrument; (d) the amount of any liability in respect of any lease or hire purchase contract which is deemed as a finance or capital lease under the Indian Accounting Standards or such other accounting standards as may be prescribed; 1. Ins. by Act 26 of 2021, s. 3 (w.e.f. 4-4-2021). 2. Ins. by Act 26 of 2018, s. 3 (w.e.f. 6-6-2018). 18 ----- (e) receivables sold or discounted other than any receivables sold on non-recourse basis; (f) any amount raised under any other transaction, including any forward sale or purchase agreement, having the commercial effect of a borrowing; 1[Explanation.—For the purposes of this sub-clause,— (i) any amount raised from an allottee under a real estate project shall be deemed to be an amount having the commercial effect of a borrowing; and (ii) the expressions, “allottee” and “real estate project” shall have the meanings respectively assigned to them in clauses (d) and (zn) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);] (g) any derivative transaction entered into in connection with protection against or benefit from fluctuation in any rate or price and for calculating the value of any derivative transaction, only the market value of such transaction shall be taken into account; (h) any counter-indemnity obligation in respect of a guarantee, indemnity, bond, documentary letter of credit or any other instrument issued by a bank or financial institution; (i) the amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause; (9) “financial position”, in relation to any person, means the financial information of a person as on a certain date; (10) “information memorandum” means a memorandum prepared by resolution professional under sub-section (1) of section 29; (11) “initiation date” means the date on which a financial creditor, corporate applicant or operational creditor, as the case may be, makes an application to the Adjudicating Authority for initiating corporate insolvency resolution process [2][or pre-packaged insolvency resolution process, as the case may be]; (12) “insolvency commencement date” means the date of admission of an application for initiating corporate insolvency resolution process by the Adjudicating Authority under sections 7, 9 or section 10, as the case may be; 3* - - - (13) “insolvency resolution process costs” means— (a) the amount of any interim finance and the costs incurred in raising such finance; (b) the fees payable to any person acting as a resolution professional; (c) any costs incurred by the resolution professional in running the business of the corporate debtor as a going concern; (d) any costs incurred at the expense of the Government to facilitate the insolvency resolution process; and (e) any other costs as may be specified by the Board; (14) “insolvency resolution process period” means the period of one hundred and eighty days beginning from the insolvency commencement date and ending on one hundred and eightieth day; 1. Ins. by Act 26 of 2018, s. 3(ii) (w.e.f. 6-6-2018). 2. Ins. by Act 26 of 2021, s. 3 (w.e.f. 4-4-2021). 3. The proviso shall be omitted by Act 1 of 2020, s. 2 (w.e.f. 28-12-2019). 19 ----- (15) “interim finance” means any financial debt raised by the resolution professional during the insolvency resolution process period [1][or by the corporate debtor during the pre-packaged insolvency resolution process period, as the case may be] [2][and such other debt as may be notified]; (16) “liquidation cost” means any cost incurred by the liquidator during the period of liquidation subject to such regulations, as may be specified by the Board; (17) “liquidation commencement date” means the date on which proceedings for liquidation commence in accordance with section 33 or section 59, as the case may be; (18) “liquidator” means an insolvency professional appointed as a liquidator in accordance with the provisions of Chapter III or Chapter V of this Part, as the case may be; (19) “officer” for the purposes of [1][Chapter VI and] Chapter VII of this Part, means an officer who is in default, as defined in clause (60) of section 2 of the Companies Act, 2013 (18 of 2013) or a designated partner as defined in clause (j) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009), as the case may be; (20) “operational creditor” means a person to whom an operational debt is owed and includes any person to whom such debt has been legally assigned or transferred; (21) “operational debt” means a claim in respect of the provision of goods or services including employment or a debt in respect of the [3][payment] of dues arising under any law for the time being in force and payable to the Central Government, any State Government or any local authority; (22) “personal guarantor” means an individual who is the surety in a contract of guarantee to a corporate debtor; (23) “personnel” includes the directors, managers, key managerial personnel, designated partners and employees, if any, of the corporate debtor; 1[(23A) “preliminary information memorandum” means a memorandum submitted by the corporate debtor under clause (b) of sub-section (1) of section 54G; (23B) “pre-packaged insolvency commencement date” means the date of admission of an application for initiating the pre-packaged insolvency resolution process by the Adjudicating Authority under clause (a) of sub-section (4) of section 54C; (23C) “pre-packaged insolvency resolution process costs” means— (a) the amount of any interim finance and the costs incurred in raising such finance; (b) the fees payable to any person acting as a resolution professional and any expenses incurred by him for conducting the pre-packaged insolvency resolution process during the pre-packaged insolvency resolution process period, subject to sub-section (6) of section 54F; (c) any costs incurred by the resolution professional in running the business of the corporate debtor as a going concern pursuant to an order under sub-section (2) of section 54J; (d) any costs incurred at the expense of the Government to facilitate the pre-packaged insolvency resolution process; and (e) any other costs as may be specified; 1. Ins. by Act 26 of 2021, s. 3 (w.e.f. 4-4-2021). 2. Ins. by Act 1 of 2020, s. 2 (w.e.f. 28-12-2019). 3. Subs. by Act 26 of 2018, s. 3, for “repayment” (w.e.f. 6-6-2018). 20 ----- (23D) “pre-packaged insolvency resolution process period” means the period beginning from the pre-packaged insolvency commencement date and ending on the date on which an order under subsection (1) of section 54L, or sub-section (1) of section 54N, or sub-section (2) of section 54-O, as the case may be, is passed by the Adjudicating Authority;] (24) “related party”, in relation to a corporate debtor, means— (a) a director or partner of the corporate debtor or a relative of a director or partner of the corporate debtor; (b) a key managerial personnel of the corporate debtor or a relative of a key managerial personnel of the corporate debtor; (c) a limited liability partnership or a partnership firm in which a director, partner, or manager of the corporate debtor or his relative is a partner; (d) a private company in which a director, partner or manager of the corporate debtor is a director and holds along with his relatives, more than two per cent. of its share capital; (e) a public company in which a director, partner or manager of the corporate debtor is a director and holds along with relatives, more than two per cent. of its paid-up share capital; (f) any body corporate whose board of directors, managing director or manager, in the ordinary course of business, acts on the advice, directions or instructions of a director, partner or manager of the corporate debtor; (g) any limited liability partnership or a partnership firm whose partners or employees in the ordinary course of business, acts on the advice, directions or instructions of a director, partner or manager of the corporate debtor; (h) any person on whose advice, directions or instructions, a director, partner or manager of the corporate debtor is accustomed to act; (i) a body corporate which is a holding, subsidiary or an associate company of the corporate debtor, or a subsidiary of a holding company to which the corporate debtor is a subsidiary; (j) any person who controls more than twenty per cent. of voting rights in the corporate debtor on account of ownership or a voting agreement; (k) any person in whom the corporate debtor controls more than twenty per cent. of voting rights on account of ownership or a voting agreement; (l) any person who can control the composition of the board of directors or corresponding governing body of the corporate debtor; (m) any person who is associated with the corporate debtor on account of— (i) participation in policy making processes of the corporate debtor; or (ii) having more than two directors in common between the corporate debtor and such person; or (iii) interchange of managerial personnel between the corporate debtor and such person; or (iv) provision of essential technical information to, or from, the corporate debtor; 1[(24A) “related party”, in relation to an individual, means— 1. Ins. by Act 26 of 2018, s. 3 (w.e.f. 6-6-2018). 21 ----- (a) a person who is a relative of the individual or a relative of the spouse of the individual; (b) a partner of a limited liability partnership, or a limited liability partnership or a partnership firm, in which the individual is a partner; (c) a person who is a trustee of a trust in which the beneficiary of the trust includes the individual, or the terms of the trust confers a power on the trustee which may be exercised for the benefit of the individual; (d) a private company in which the individual is a director and holds along with his relatives, more than two per cent. of its share capital; (e) a public company in which the individual is a director and holds along with relatives, more than two per cent. of its paid-up share capital; (f) a body corporate whose board of directors, managing director or manager, in the ordinary course of business, acts on the advice, directions or instructions of the individual; (g) a limited liability partnership or a partnership firm whose partners or employees in the ordinary course of business, act on the advice, directions or instructions of the individual; (h) a person on whose advice, directions or instructions, the individual is accustomed to act; (i) a company, where the individual or the individual along with its related party, own more than fifty per cent. of the share capital of the company or controls the appointment of the board of directors of the company. _Explanation.—For the purposes of this clause,—_ (a) “relative”, with reference to any person, means anyone who is related to another, in the following manner, namely:— (i) members of a Hindu Undivided Family, (ii) husband, (iii) wife, (iv) father, (v) mother, (vi) son, (vii) daughter, (viii) son’s daughter and son, (ix) daughter’s daughter and son, (x) grandson’s daughter and son, (xi) granddaughter’s daughter and son, (xii) brother, (xiii) sister, (xiv) brother’s son and daughter, (xv) sister’s son and daughter, (xvi) father’s father and mother, 22 ----- (xvii) mother’s father and mother, (xviii) father’s brother and sister, (xix) mother’s brother and sister, and (b) wherever the relation is that of a son, daughter, sister or brother, their spouses shall also be included;’. 1[(25) “resolution applicant” means a person, who individually or jointly with any other person, submits a resolution plan to the resolution professional pursuant to the invitation made under clause (h) of sub-section (2) of section 25] [2][or pursuant to section 54K, as the case may be]; (26) “resolution plan” means a plan proposed by [3][resolution applicant] for insolvency resolution of the corporate debtor as a going concern in accordance with Part II; 4[Explanation.—For the removal of doubts, it is hereby clarified that a resolution plan may include provisions for the restructuring of the corporate debtor, including by way of merger, amalgamation and demerger;] (27) “resolution professional”, for the purposes of this Part, means an insolvency professional appointed to conduct the corporate insolvency resolution process [2][or the pre-packaged insolvency resolution process, as the case may be,] and includes an interim resolution professional; and (28) “voting share” means the share of the voting rights of a single financial creditor in the committee of creditors which is based on the proportion of the financial debt owed to such financial creditor in relation to the financial debt owed by the corporate debtor. CHAPTER II CORPORATE INSOLVENCY RESOLUTION PROCESS **6. Persons who may initiate corporate insolvency resolution process.—Where any corporate** debtor commits a default, a financial creditor, an operational creditor or the corporate debtor itself may initiate corporate insolvency resolution process in respect of such corporate debtor in the manner as provided under this Chapter. **7. Initiation of corporate insolvency resolution process by financial creditor.—(1) A financial** creditor either by itself or jointly with [5][other financial creditors, or any other person on behalf of the financial creditor, as may be notified by the Central Government,] may file an application for initiating corporate insolvency resolution process against a corporate debtor before the Adjudicating Authority when a default has occurred. 6[Provided that for the financial creditors, referred to in clauses (a) and (b) of sub-section (6A) of section 21, an application for initiating corporate insolvency resolution process against the corporate debtor shall be filed jointly by not less than one hundred of such creditors in the same class or not less than ten per cent. of the total number of such creditors in the same class, whichever is less: Provided further that for financial creditors who are allottees under a real estate project, an application for initiating corporate insolvency resolution process against the corporate debtor shall be filed jointly by not less than one hundred of such allottees under the same real estate project or not less 1. Subs. by Act 8 of 2018, s.3 (w.e.f. 23-11-2017). 2. Ins. by Act 26 of 2021, s. 3 (w.e.f. 4-4-2021). 3. Subs. by Act 8 of 2018, s. 3, for “any person” (w.e.f. 23-11-2017). 4. Ins. by Act 26 of 2019, s. 2 (w.e.f. 16-08-2019). 5. Subs. by Act 26 of 2018, s. 4, for “other financial creditors” (w.e.f. 6-6-2018). 6. Ins. by Act 1 of 2020, s. 3 (w.e.f. 28-12-2019). 23 ----- than ten per cent. of the total number of such allottees under the same real estate project, whichever is less: Provided also that where an application for initiating the corporate insolvency resolution process against a corporate debtor has been filed by a financial creditor referred to in the first and second provisos and has not been admitted by the Adjudicating Authority before the commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2020, such application shall be modified to comply with the requirements of the first or second proviso within thirty days of the commencement of the said Act, failing which the application shall be deemed to be withdrawn before its admission.] _Explanation.—For the purposes of this sub-section, a default includes a default in respect of a_ financial debt owed not only to the applicant financial creditor but to any other financial creditor of the corporate debtor. (2) The financial creditor shall make an application under sub-section (1) in such form and manner and accompanied with such fee as may be prescribed. (3) The financial creditor shall, along with the application furnish— (a) record of the default recorded with the information utility or such other record or evidence of default as may be specified; (b) the name of the resolution professional proposed to act as an interim resolution professional; and (c) any other information as may be specified by the Board. (4) The Adjudicating Authority shall, within fourteen days of the receipt of the application under sub-section (2), ascertain the existence of a default from the records of an information utility or on the basis of other evidence furnished by the financial creditor under sub-section (3). 1[Provided that if the Adjudicating Authority has not ascertained the existence of default and passed an order under sub-section (5) within such time, it shall record its reasons in writing for the same.] (5) Where the Adjudicating Authority is satisfied that— (a) a default has occurred and the application under sub-section (2) is complete, and there is no disciplinary proceedings pending against the proposed resolution professional, it may, by order, admit such application; or (b) default has not occurred or the application under sub-section (2) is incomplete or any disciplinary proceeding is pending against the proposed resolution professional, it may, by order, reject such application: Provided that the Adjudicating Authority shall, before rejecting the application under clause (b) of sub-section (5), give a notice to the applicant to rectify the defect in his application within seven days of receipt of such notice from the Adjudicating Authority. (6) The corporate insolvency resolution process shall commence from the date of admission of the application under sub-section (5). (7) The Adjudicating Authority shall communicate— (a) the order under clause (a) of sub-section (5) to the financial creditor and the corporate debtor; (b) the order under clause (b) of sub-section (5) to the financial creditor, within seven days of admission or rejection of such application, as the case may be. **8. Insolvency resolution by operational creditor.—(1) An operational creditor may, on the** occurrence of a default, deliver a demand notice of unpaid operational debtor copy of an invoice 1. Ins. by Act 26 of 2019, s. 3 (w.e.f. 16-08-2019). 24 ----- demanding payment of the amount involved in the default to the corporate debtor in such form and manner as may be prescribed. (2) The corporate debtor shall, within a period of ten days of the receipt of the demand notice or copy of the invoice mentioned in sub-section (1) bring to the notice of the operational creditor— (a) existence of a dispute, [1][if any, or] record of the pendency of the suit or arbitration proceedings filed before the receipt of such notice or invoice in relation to such dispute; (b) the [2][payment] of unpaid operational debt— (i) by sending an attested copy of the record of electronic transfer of the unpaid amount from the bank account of the corporate debtor; or (ii) by sending an attested copy of record that the operational creditor has encashed a cheque issued by the corporate debtor. _Explanation.—For the purposes of this section, a “demand notice” means a notice served by an_ operational creditor to the corporate debtor demanding [3][payment] of the operational debt in respect of which the default has occurred. **9. Application for initiation of corporate insolvency resolution process by operational** **creditor.—(1) After the expiry of the period of ten days from the date of delivery of the notice or invoice** demanding payment under sub-section (1) of section 8, if the operational creditor does not receive payment from the corporate debtor or notice of the dispute under sub-section (2) of section 8, the operational creditor may file an application before the Adjudicating Authority for initiating a corporate insolvency resolution process. (2) The application under sub-section (1) shall be filed in such form and manner and accompanied with such fee as may be prescribed. (3) The operational creditor shall, along with the application furnish— (a) a copy of the invoice demanding payment or demand notice delivered by the operational creditor to the corporate debtor; (b) an affidavit to the effect that there is no notice given by the corporate debtor relating to a dispute of the unpaid operational debt; (c) a copy of the certificate from the financial institutions maintaining accounts of the operational creditor confirming that there is no payment of an unpaid operational debt [3][by the corporate debtor, if available;] 4[(d) a copy of any record with information utility confirming that there is no payment of an unpaid operational debt by the corporate debtor, if available; and (e) any other proof confirming that there is no payment of an unpaid operational debt by the corporate debtor or such other information, as may be prescribed]; (4) An operational creditor initiating a corporate insolvency resolution process under this section, may propose a resolution professional to act as an interim resolution professional. (5) The Adjudicating Authority shall, within fourteen days of the receipt of the application under sub-section (2), by an order— 1. Subs. by Act 26 of 2018, s. 5, for “if any, and” (w.e.f. 6-6-2018). 2. Subs. by s. 5, ibid for “repayment” (w.e.f. 6-6-2018). 3. Subs. by Act 26 of 2018, s. 6, for “by the corporate debtor; and” (w.e.f. 6-6-2018). 4. Subs. by s. 6, ibid., for “clause (d) such other information as may be specified” (w.e.f. 6-6-2018). 25 ----- (i) admit the application and communicate such decision to the operational creditor and the corporate debtor if,— (a) the application made under sub-section (2) is complete; (b) there is no [1][payment] of the unpaid operational debt; (c) the invoice or notice for payment to the corporate debtor has been delivered by the operational creditor; (d) no notice of dispute has been received by the operational creditor or there is no record of dispute in the information utility; and (e) there is no disciplinary proceeding pending against any resolution professional proposed under sub-section (4), if any; (ii) reject the application and communicate such decision to the operational creditor and the corporate debtor, if— (a) the application made under sub-section (2) is incomplete; (b) there has been [1][payment] of the unpaid operational debt; (c) the creditor has not delivered the invoice or notice for payment to the corporate debtor; (d) notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility; or (e) any disciplinary proceeding is pending against any proposed resolution professional: Provided that Adjudicating Authority, shall before rejecting an application under sub-clause (a) of clause (ii) give a notice to the applicant to rectify the defect in his application within seven days of the date of receipt of such notice from the Adjudicating Authority. (6) The corporate insolvency resolution process shall commence from the date of admission of the application under sub-section (5) of this section. **10.** **Initiation of corporate insolvency resolution process by corporate applicant.—(1) Where a** corporate debtor has committed a default, a corporate applicant thereof may file an application for initiating corporate insolvency resolution process with the Adjudicating Authority. (2) The application under sub-section (1) shall be filed in such form, containing such particulars and in such manner and accompanied with such fee as may be prescribed. 2[(3) The corporate applicant shall, along with the application, furnish— (a) the information relating to its books of account and such other documents for such period as may be specified; (b) the information relating to the resolution professional proposed to be appointed as an interim resolution professional; and (c) the special resolution passed by shareholders of the corporate debtor or the resolution passed by at least three-fourth of the total number of partners of the corporate debtor, as the case may be, approving filing of the application.]; (4) The Adjudicating Authority shall, within a period of fourteen days of the receipt of the application, by an order— (a) admit the application, if it is complete; [3][and no disciplinary proceeding is pending against the proposed resolution professional] or (b) reject the application, if it is incomplete: [3][or any disciplinary proceeding is pending against the proposed resolution professional] 1. Subs. by Act 26 of 2018, s. 6, for “repayment” (w.e.f. 6-6-2018). 2. Subs. by s. 7, ibid., for “section 10 of sub-section (3)” (w.e.f. 6-6-2018). 3. Ins. by s. 7, ibid. (w.e.f. 6-6-2018). 26 ----- Provided that Adjudicating Authority shall, before rejecting an application, give a notice to the applicant to rectify the defects in his application within seven days from the date of receipt of such notice from the Adjudicating Authority. (5) The corporate insolvency resolution process shall commence from the date of admission of the application under sub-section (4) of this section. 1[10A. Suspension of initiation of corporate insolvency resolution process.—Notwithstanding anything contained in sections 7, 9 and 10, no application for initiation of corporate insolvency resolution process of a corporate debtor shall be filed, for any default arising on or after 25th March, 2020 for a period of six months or such further period, not exceeding one year from such date, as may be notified in this behalf: Provided that no application shall ever be filed for initiation of corporate insolvency resolution process of a corporate debtor for the said default occurring during the said period. _Explanation.—For the removal of doubts, it is hereby clarified that the provisions of this section shall_ not apply to any default committed under the said sections before 25th March, 2020.] **11. Persons not entitled to make application.—The following persons shall not be entitled to make** an application to initiate corporate insolvency resolution process under this Chapter, namely:— (a) a corporate debtor undergoing a corporate insolvency resolution process [2][or a pre-packaged insolvency resolution process]; or 2[(aa) a financial creditor or an operational creditor of a corporate debtor undergoing a pre packaged insolvency resolution process; or] (b) a corporate debtor having completed corporate insolvency resolution process twelve months preceding the date of making of the application; or 2[(ba) a corporate debtor in respect of whom a resolution plan has been approved under Chapter III-A, twelve months preceding the date of making of the application; or] (c) a corporate debtor or a financial creditor who has violated any of the terms of resolution plan which was approved twelve months before the date of making of an application under this Chapter; or (d) a corporate debtor in respect of whom a liquidation order has been made. 3[Explanation I].—For the purposes of this section, a corporate debtor includes a corporate applicant in respect of such corporate debtor. 4[Explanation II.—For the purposes of this section, it is hereby clarified that nothing in this section shall prevent a corporate debtor referred to in clauses (a) to (d) from initiating corporate insolvency resolution process against another corporate debtor.] **5[11A. Disposal of applications under section 54C and under section 7 or section 9 or section** **10.—(1) Where an application filed under section 54C is pending, the Adjudicating Authority shall pass** an order to admit or reject such application, before considering any application filed under section 7 or section 9 or section 10 during the pendency of such application under section 54C, in respect of the same corporate debtor. (2) Where an application under section 54C is filed within fourteen days of filing of any application under section 7 or section 9 or section 10, which is pending, in respect of the same corporate debtor, then, notwithstanding anything contained in sections 7, 9 and 10, the Adjudicating Authority shall first dispose of the application under section 54C. 1. Ins. by Act 17 of 2020, s. 2 (w.e.f. 5-6-2020). 2. Ins. by Act 26 of 2021, s. 4 (w.e.f. 4-4-2021). 3. The existing Explanation shall be numbered as Explanation I by Act 1 of 2020, s. 4 (w.e.f. 28-12-2019). 4. Ins. by Act 1 of 2020, s. 4 (w.e.f. 28-12-2019). 5. Ins. by Act 26 of 2021, s. 5 (w.e.f. 4-4-2021). 27 ----- (3) Where an application under section 54C is filed after fourteen days of the filing of any application under section 7 or section 9 or section 10, in respect of the same corporate debtor, the Adjudicating Authority shall first dispose of the application under section 7or section 9 or section 10. (4) The provisions of this section shall not apply where an application under section 7 or section 9 or section 10 is filed and pending as on the date of the commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2021.] **12. Time-limit for completion of insolvency resolution process.—(1) Subject to sub-section (2),** the corporate insolvency resolution process shall be completed within a period of one hundred and eighty days from the date of admission of the application to initiate such process. (2) The resolution professional shall file an application to the Adjudicating Authority to extend the period of the corporate insolvency resolution process beyond one hundred and eighty days, if instructed to do so by a resolution passed at a meeting of the committee of creditors by a vote of [1][sixty-six] per cent. of the voting shares. (3) On receipt of an application under sub-section (2), if the Adjudicating Authority is satisfied that the subject matter of the case is such that corporate insolvency resolution process cannot be completed within one hundred and eighty days, it may by order extend the duration of such process beyond one hundred and eighty days by such further period as it thinks fit, but not exceeding ninety days: Provided that any extension of the period of corporate insolvency resolution process under this section shall not be granted more than once. [2][Provided further that the corporate insolvency resolution process shall mandatorily be completed within a period of three hundred and thirty days from the insolvency commencement date, including any extension of the period of corporate insolvency resolution process granted under this section and the time taken in legal proceedings in relation to such resolution process of the corporate debtor: Provided also that where the insolvency resolution process of a corporate debtor is pending and has not been completed within the period referred to in the second proviso, such resolution process shall be completed within a period of ninety days from the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2019.] 3[12A. Withdrawal of application admitted under section 7, 9 or 10.—The Adjudicating Authority may allow the withdrawal of application admitted under section 7 or section 9 or section 10, on an application made by the applicant with the approval of ninety per cent. voting share of the committee of creditors, in such manner as may be specified.]. **13. Declaration of moratorium and public announcement.—(1) The Adjudicating Authority, after** admission of the application under section 7 or section 9 or section 10, shall, by an order— (a) declare a moratorium for the purposes referred to in section 14; (b) cause a public announcement of the initiation of corporate insolvency resolution process and call for the submission of claims under section 15; and (c) appoint an interim resolution professional in the manner as laid down in section 16. (2) The public announcement referred to in clause (b) of sub-section (1) shall be made immediately after the appointment of the interim resolution professional. 1. Subs. by Act 26 of 2018, s. 8, for “seventy-five” (w.e.f. 6-6-2018). 2. Ins. by Act 26 of 2019, s. 4 (w.e.f. 16-08-2019). 3. Ins. by Act 26 of 2018, s. 9 (w.e.f. 6-6-2018). 28 ----- **14. Moratorium.—(1) Subject to provisions of sub-sections (2) and (3), on the insolvency** commencement date, the Adjudicating Authority shall by order declare moratorium for prohibiting all of the following, namely:— (a) the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. 1[Explanation.—For the purposes of this sub-section, it is hereby clarified that notwithstanding anything contained in any other law for the time being in force, a license, permit, registration, quota, concession, clearances or a similar grant or right given by the Central Government, State Government, local authority, sectoral regulator or any other authority constituted under any other law for the time being in force, shall not be suspended or terminated on the grounds of insolvency, subject to the condition that there is no default in payment of current dues arising for the use or continuation of the license, permit, registration, quota, concession, clearances or a similar grant or right during the moratorium period;] (2) The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during moratorium period. 1[(2A) Where the interim resolution professional or resolution professional, as the case may be, considers the supply of goods or services critical to protect and preserve the value of the corporate debtor and manage the operations of such corporate debtor as a going concern, then the supply of such goods or services shall not be terminated, suspended or interrupted during the period of moratorium, except where such corporate debtor has not paid dues arising from such supply during the moratorium period or in such circumstances as may be specified;] 2[(3) The provisions of sub-section (1) shall not apply to— 3[(a) such transactions, agreements or other arrangements as may be notified by the Central Government in consultation with any financial sector regulator or any other authority;] (b) a surety in a contract of guarantee to a corporate debtor.]. (4) The order of moratorium shall have effect from the date of such order till the completion of the corporate insolvency resolution process: Provided that where at any time during the corporate insolvency resolution process period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of corporate debtor under section 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be. **15.** **Public announcement of corporate insolvency resolution process.—(1) The public** announcement of the corporate insolvency resolution process under the order referred to in section 13 shall contain the following information, namely:— 1. Ins. by Act 1 of 2020, s. 5 (w.e.f. 28-12-2019). 2. Subs. by Act 26 of 2018, s. 10, for “sub-section (3)” (w.e.f. 6-6-2018). 3. Subs. by Act 1 of 2020, s. 5, for clause (a) (w.e.f. 28-12-2019). 29 ----- (a) name and address of the corporate debtor under the corporate insolvency resolution process; (b) name of the authority with which the corporate debtor is incorporated or registered; (c) the last date for submission of [1][claims, as may be specified]; (d) details of the interim resolution professional who shall be vested with the management of the corporate debtor and be responsible for receiving claims; (e) penalties for false or misleading claims; and (f) the date on which the corporate insolvency resolution process shall close, which shall be the one hundred and eightieth day from the date of the admission of the application under sections 7, 9 or section 10, as the case may be. (2) The public announcement under this section shall be made in such manner as may be specified. **16.** **Appointment and tenure of interim resolution professional.—(1) The Adjudicating Authority** shall appoint an interim resolution professional [2][on the insolvency commencement date]. (2) Where the application for corporate insolvency resolution process is made by a financial creditor or the corporate debtor, as the case may be, the resolution professional, as proposed respectively in the application under section 7 or section 10, shall be appointed as the interim resolution professional, if no disciplinary proceedings are pending against him. (3) Where the application for corporate insolvency resolution process is made by an operational creditor and— (a) no proposal for an interim resolution professional is made, the Adjudicating Authority shall make a reference to the Board for the recommendation of an insolvency professional who may act as an interim resolution professional; (b) a proposal for an interim resolution professional is made under sub-section (4) of section 9, the resolution professional as proposed, shall be appointed as the interim resolution professional, if no disciplinary proceedings are pending against him. (4) The Board shall, within ten days of the receipt of a reference from the Adjudicating Authority under sub-section (3), recommend the name of an insolvency professional to the Adjudicating Authority against whom no disciplinary proceedings are pending. (5) The term of the interim resolution professional [3][shall continue till the date of appointment of the resolution professional under section 22]. **17.** **Management of affairs of corporate debtor by interim resolution professional.—(1) From the** date of appointment of the interim resolution professional,— (a) the management of the affairs of the corporate debtor shall vest in the interim resolution professional; (b) the powers of the board of directors or the partners of the corporate debtor, as the case may be, shall stand suspended and be exercised by the interim resolution professional; (c) the officers and managers of the corporate debtor shall report to the interim resolution professional and provide access to such documents and records of the corporate debtor as may be required by the interim resolution professional; 1. Subs. by Act 26 of 2018, s. 11, for “claims” (w.e.f. 6-6-2018). 2. Subs. by Act 1 of 2020, s. 6, for “within fourteen days from the insolvency commencement date” (w.e.f. 28-12-2019). 3. Subs. by Act 26 of 2018, s. 12, for “shall not exceed thirty days from date of his appointment” (w.e.f. 6-6-2018). 30 ----- (d) the financial institutions maintaining accounts of the corporate debtor shall act on the instructions of the interim resolution professional in relation to such accounts and furnish all information relating to the corporate debtor available with them to the interim resolution professional. (2) The interim resolution professional vested with the management of the corporate debtor shall— (a) act and execute in the name and on behalf of the corporate debtor all deeds, receipts, and other documents, if any; (b) take such actions, in the manner and subject to such restrictions, as may be specified by the Board; (c) have the authority to access the electronic records of corporate debtor from information utility having financial information of the corporate debtor; (d) have the authority to access the books of account, records and other relevant documents of corporate debtor available with government authorities, statutory auditors, accountants and such other persons as [1][may be specified; and]. 2[(e) be responsible for complying with the requirements under any law for the time being in force on behalf of the corporate debtor.]. **18.** **Duties of interim resolution professional.—The interim resolution professional shall perform** the following duties, namely:— (a) collect all information relating to the assets, finances and operations of the corporate debtor for determining the financial position of the corporate debtor, including information relating to— (i) business operations for the previous two years; (ii) financial and operational payments for the previous two years; (iii) list of assets and liabilities as on the initiation date; and (iv) such other matters as may be specified; (b) receive and collate all the claims submitted by creditors to him, pursuant to the public announcement made under sections 13 and 15; (c) constitute a committee of creditors; (d) monitor the assets of the corporate debtor and manage its operations until a resolution professional is appointed by the committee of creditors; (e) file information collected with the information utility, if necessary; and (f) take control and custody of any asset over which the corporate debtor has ownership rights as recorded in the balance sheet of the corporate debtor, or with information utility or the depository of securities or any other registry that records the ownership of assets including— (i) assets over which the corporate debtor has ownership rights which may be located in a foreign country; (ii) assets that may or may not be in possession of the corporate debtor; (iii) tangible assets, whether movable or immovable; (iv) intangible assets including intellectual property; 1. Subs. by Act 26 of 2018, s. 13, for “may be specified” (w.e.f. 6-6-2018). 2. Ins. by s. 13, ibid., (w.e.f. 6-6-2018). 31 ----- (v) securities including shares held in any subsidiary of the corporate debtor, financial instruments, insurance policies; (vi) assets subject to the determination of ownership by a court or authority; (g) to perform such other duties as may be specified by the Board. _Explanation.—For the purposes of this_ [1][section], the term “assets” shall not include the following, namely:— (a) assets owned by a third party in possession of the corporate debtor held under trust or under contractual arrangements including bailment; (b) assets of any Indian or foreign subsidiary of the corporate debtor; and (c) such other assets as may be notified by the Central Government in consultation with any financial sector regulator. **19.** **Personnel to extend cooperation to interim resolution professional.—(1) The personnel of the** corporate debtor, its promoters or any other person associated with the management of the corporate debtor shall extend all assistance and cooperation to the interim resolution professional as may be required by him in managing the affairs of the corporate debtor. (2) Where any personnel of the corporate debtor, its promoter or any other person required to assist or cooperate with the interim resolution professional does not assist or cooperate, the interim resolution professional may make an application to the Adjudicating Authority for necessary directions. (3) The Adjudicating Authority, on receiving an application under sub-section (2), shall by an order, direct such personnel or other person to comply with the instructions of the resolution professional and to cooperate with him in collection of information and management of the corporate debtor. **20. Management of operations of corporate debtor as going concern.—(1) The interim resolution** professional shall make every endeavour to protect and preserve the value of the property of the corporate debtor and manage the operations of the corporate debtor as a going concern. (2) For the purposes of sub-section (1), the interim resolution professional shall have the authority— (a) to appoint accountants, legal or other professionals as may be necessary; (b) to enter into contracts on behalf of the corporate debtor or to amend or modify the contracts or transactions which were entered into before the commencement of corporate insolvency resolution process; (c) to raise interim finance provided that no security interest shall be created over any encumbered property of the corporate debtor without the prior consent of the creditors whose debt is secured over such encumbered property: Provided that no prior consent of the creditor shall be required where the value of such property is not less than the amount equivalent to twice the amount of the debt. (d) to issue instructions to personnel of the corporate debtor as may be necessary for keeping the corporate debtor as a going concern; and (e) to take all such actions as are necessary to keep the corporate debtor as a going concern. **21. Committee of creditors.—(1) The interim resolution professional shall after collation of all** claims received against the corporate debtor and determination of the financial position of the corporate debtor, constitute a committee of creditors. (2) The committee of creditors shall comprise all financial creditors of the corporate debtor: Provided that a [2][financial creditor or the authorised representative of the financial creditor referred to in sub-section (6) or sub-section (6A) or sub-section (5) of section 24, if it is a related party of the 1. Subs. by Act 26 of 2018, s. 14, for “sub-section” (w.e.f. 6-6-2018). 2. Subs. by s.15, ibid., for “related party to whom a corporate debtor owes a financial debt” (w.e.f. 6-6-2018). 32 ----- corporate debtor,] shall not have any right of representation, participation or voting in a meeting of the committee of creditors. 1[Provided further that the first proviso shall not apply to a financial creditor, regulated by a financial sector regulator, if it is a related party of the corporate debtor solely on account of conversion or substitution of debt into equity shares or instruments convertible into equity shares [2][or completion of such transactions as may be prescribed,] prior to the insolvency commencement date.]; (3) [3][Subject to sub-sections (6) and (6A), where] the corporate debtor owes financial debts to two or more financial creditors as part of a consortium or agreement, each such financial creditor shall be part of the committee of creditors and their voting share shall be determined on the basis of the financial debts owed to them. (4) Where any person is a financial creditor as well as an operational creditor,— (a) such person shall be a financial creditor to the extent of the financial debt owed by the corporate debtor, and shall be included in the committee of creditors, with voting share proportionate to the extent of financial debts owed to such creditor; (b) such person shall be considered to be an operational creditor to the extent of the operational debt owed by the corporate debtor to such creditor. (5) Where an operational creditor has assigned or legally transferred any operational debt to a financial creditor, the assignee or transferee shall be considered as an operational creditor to the extent of such assignment or legal transfer. (6) Where the terms of the financial debt extended as part of a consortium arrangement or syndicated facility [4]*** provide for a single trustee or agent to act for all financial creditors, each financial creditor may— (a) authorise the trustee or agent to act on his behalf in the committee of creditors to the extent of his voting share; (b) represent himself in the committee of creditors to the extent of his voting share; (c) appoint an insolvency professional (other than the resolution professional) at his own cost to represent himself in the committee of creditors to the extent of his voting share; or (d) exercise his right to vote to the extent of his voting share with one or more financial creditors jointly or severally. 5[(6A) Where a financial debt— (a) is in the form of securities or deposits and the terms of the financial debt provide for appointment of a trustee or agent to act as authorised representative for all the financial creditors, such trustee or agent shall act on behalf of such financial creditors; (b) is owed to a class of creditors exceeding the number as may be specified, other than the creditors covered under clause (a) or sub-section (6), the interim resolution professional shall make an application to the Adjudicating Authority along with the list of all financial creditors, containing the name of an insolvency professional, other than the interim resolution professional, to act as their authorised representative who shall be appointed by the Adjudicating Authority prior to the first meeting of the committee of creditors; 1. Ins. by Act 26 of 2018, s. 15 (w.e.f. 6-6-2018). 2. Ins. by Act 1 of 2020, s. 7 (w.e.f. 28-12-2019). 3. Subs. by Act 26 of 2018, s. 15, for “Where” (w.e.f. 6-6-2018). 4. The words “or issued as securities” omitted by s.15, ibid. (w.e.f. 6-6-2018). 5. Ins. by s. 15, ibid., (w.e.f. 6-6-2018). 33 ----- (c) is represented by a guardian, executor or administrator, such person shall act as authorised representative on behalf of such financial creditors, and such authorised representative under clause (a) or clause (b) or clause (c) shall attend the meetings of the committee of creditors, and vote on behalf of each financial creditor to the extent of his voting share. (6B) The remuneration payable to the authorised representative— (i) under clauses (a) and (c) of sub-section (6A), if any, shall be as per the terms of the financial debt or the relevant documentation; and (ii) under clause (b) of sub-section (6A) shall be as specified which shall form part of the insolvency resolution process costs]; 1[(7) The Board may specify the manner of voting and the determining of the voting share in respect of financial debts covered under sub-sections (6) and (6A). (8) Save as otherwise provided in this Code, all decisions of the committee of creditors shall be taken by a vote of not less than fifty-one per cent. of voting share of the financial creditors: Provided that where a corporate debtor does not have any financial creditors, the committee of creditors shall be constituted and shall comprise of such persons to exercise such functions in such manner as may be specified.] (9) The committee of creditors shall have the right to require the resolution professional to furnish any financial information in relation to the corporate debtor at any time during the corporate insolvency resolution process. (10) The resolution professional shall make available any financial information so required by the committee of creditors under sub-section (9) within a period of seven days of such requisition. **22.** **Appointment of resolution professional.—(1) The first meeting of the committee of creditors** shall be held within seven days of the constitution of the committee of creditors. (2) The committee of creditors, may, in the first meeting, by a majority vote of not less than [2][sixty six] per cent. of the voting share of the financial creditors, either resolve to appoint the interim resolution professional as a resolution professional or to replace the interim resolution professional by another resolution professional. (3) Where the committee of creditors resolves under sub-section (2)— (a) to continue the interim resolution professional as resolution professional, [3][subject to a written consent from the interim resolution professional in the specified form] it shall communicate its decision to the interim resolution professional, the corporate debtor and the Adjudicating Authority; or (b) to replace the interim resolution professional, it shall file an application before the Adjudicating Authority for the appointment of the proposed resolution professional [4][along with a written consent from the proposed resolution professional in the specified form]. (4) The Adjudicating Authority shall forward the name of the resolution professional proposed under clause (b) of sub-section (3) to the Board for its confirmation and shall make such appointment after confirmation by the Board. 1. Subs. by Act 26 of 2018, s. 15, for “sub-sections (7) and (8)” (w.e.f. 6-6-2018). 2. Subs. by s. 16, ibid., for “seventy-five” (w.e.f. 6-6-2018). 3. Ins. by s. 16, ibid. (w.e.f. 6-6-2018). 4. Ins. by Act 26 of 2018, s. 16 (w.e.f. 6-6-2018). 34 ----- (5) Where the Board does not confirm the name of the proposed resolution professional within ten days of the receipt of the name of the proposed resolution professional, the Adjudicating Authority shall, by order, direct the interim resolution professional to continue to function as the resolution professional until such time as the Board confirms the appointment of the proposed resolution professional. **23.** **Resolution professional to conduct corporate insolvency resolution process.—(1) Subject to** section 27, the resolution professional shall conduct the entire corporate insolvency resolution process and manage the operations of the corporate debtor during the corporate insolvency resolution process period. 1[Provided that the resolution professional shall continue to manage the operations of the corporate debtor after the expiry of the corporate insolvency resolution process period, until an order approving the resolution plan under sub-section (1) of section 31 or appointing a liquidator under section 34 is passed by the Adjudicating Authority.] (2) The resolution professional shall exercise powers and perform duties as are vested or conferred on the interim resolution professional under this Chapter. (3) In case of any appointment of a resolution professional under sub-section (4) of section 22, the interim resolution professional shall provide all the information, documents and records pertaining to the corporate debtor in his possession and knowledge to the resolution professional. **24.** **Meeting of committee of creditors.—(1) The members of the committee of creditors may meet** in person or by such electronic means as may be specified. (2) All meetings of the committee of creditors shall be conducted by the resolution professional. (3) The resolution professional shall give notice of each meeting of the committee of creditors to— (a) members of [2][committee of creditors, including the authorised representatives referred to in sub-sections (6) and (6A) of section 21 and sub-section (5)]; (b) members of the suspended Board of Directors or the partners of the corporate persons, as the case may be; (c) operational creditors or their representatives if the amount of their aggregate dues is not less than ten per cent. of the debt. (4) The directors, partners and one representative of operational creditors, as referred to in sub-section (3), may attend the meetings of committee of creditors, but shall not have any right to vote in such meetings: Provided that the absence of any such director, partner or representative of operational creditors, as the case may be, shall not invalidate proceedings of such meeting. (5) [3][Subject to sub-sections (6), (6A) and (6B) of section 21, any creditor] who is a member of the committee of creditors may appoint an insolvency professional other than the resolution professional to represent such creditor in a meeting of the committee of creditors: Provided that the fees payable to such insolvency professional representing any individual creditor will be borne by such creditor. (6) Each creditor shall vote in accordance with the voting share assigned to him based on the financial debts owed to such creditor. 1. Subs. by Act 1 of 2020, s. 8, for the proviso (w.e.f. 28-12-2019). 2. Subs. by Act 26 of 2018, s. 18, for “Committee of creditors” (w.e.f. 6-6-2018). 3. Subs. by s. 18, ibid., for “Any creditor” (w.e.f. 6-6-2018). 35 ----- (7) The resolution professional shall determine the voting share to be assigned to each creditor in the manner specified by the Board. (8) The meetings of the committee of creditors shall be conducted in such manner as may be specified. **25. Duties of resolution professional.—(1) It shall be the duty of the resolution professional to** preserve and protect the assets of the corporate debtor, including the continued business operations of the corporate debtor. (2) For the purposes of sub-section (1), the resolution professional shall undertake the following actions, namely:— (a) take immediate custody and control of all the assets of the corporate debtor, including the business records of the corporate debtor; (b) represent and act on behalf of the corporate debtor with third parties, exercise rights for the benefit of the corporate debtor in judicial, quasi-judicial or arbitration proceedings; (c) raise interim finances subject to the approval of the committee of creditors under section 28; (d) appoint accountants, legal or other professionals in the manner as specified by Board; (e) maintain an updated list of claims; (f) convene and attend all meetings of the committee of creditors; (g) prepare the information memorandum in accordance with section 29; 1[(h) invite prospective resolution applicants, who fulfil such criteria as may be laid down by him with the approval of committee of creditors, having regard to the complexity and scale of operations of the business of the corporate debtor and such other conditions as may be specified by the Board, to submit a resolution plan or plans.]. (i) present all resolution plans at the meetings of the committee of creditors; (j) file application for avoidance of transactions in accordance with Chapter III, if any; and (k) such other actions as may be specified by the Board. 2[25A. Rights and duties of authorised representative of financial creditors.—(1) The authorised representative under sub-section (6) or sub-section (6A) of section 21 or sub-section (5) of section 24 shall have the right to participate and vote in meetings of the committee of creditors on behalf of the financial creditor he represents in accordance with the prior voting instructions of such creditors obtained through physical or electronic means. (2) It shall be the duty of the authorised representative to circulate the agenda and minutes of the meeting of the committee of creditors to the financial creditor he represents. (3) The authorised representative shall not act against the interest of the financial creditor he represents and shall always act in accordance with their prior instructions: Provided that if the authorised representative represents several financial creditors, then he shall cast his vote in respect of each financial creditor in accordance with instructions received from each financial creditor, to the extent of his voting share: Provided further that if any financial creditor does not give prior instructions through physical or electronic means, the authorised representative shall abstain from voting on behalf of such creditor. 1. Subs. by Act 8 of 2018, s. 4, for sub-section (2) (w.e.f. 23-11-2017). 2. Ins. by Act 26 of 2018, s. 19 (w.e.f. 6-6-2018). 36 ----- 1[(3A) Notwithstanding anything to the contrary contained in sub-section (3), the authorised representative under sub-section (6A) of section 21 shall cast his vote on behalf of all the financial creditors he represents in accordance with the decision taken by a vote of more than fifty per cent. of the voting share of the financial creditors he represents, who have cast their vote: Provided that for a vote to be cast in respect of an application under section 12A, the authorised representative shall cast his vote in accordance with the provisions of sub-section (3).] (4) The authorised representative shall file with the committee of creditors any instructions received by way of physical or electronic means, from the financial creditor he represents, for voting in accordance therewith, to ensure that the appropriate voting instructions of the financial creditor he represents is correctly recorded by the interim resolution professional or resolution professional, as the case may be. _Explanation.—For the purposes of this section, the “electronic means” shall be such as may be_ specified.] **26.** **Application for avoidance of transactions not to affect proceedings.—The filing of an** avoidance application under clause (j) of sub-section (2) of section 25 by the resolution professional shall not affect the proceedings of the corporate insolvency resolution process. **27. Replacement of resolution professional by committee of creditors.—(1) Where, at any time** during the corporate insolvency resolution process, the committee of creditors is of the opinion that a resolution professional appointed under section 22 is required to be replaced, it may replace him with another resolution professional in the manner provided under this section. 2[(2) The committee of creditors may, at a meeting, by a vote of sixty-six per cent. of voting shares, resolve to replace the resolution professional appointed under section 22 with another resolution professional, subject to a written consent from the proposed resolution professional in the specified form.] (3) The committee of creditors shall forward the name of the insolvency professional proposed by them to the Adjudicating Authority. (4) The Adjudicating Authority shall forward the name of the proposed resolution professional to the Board for its confirmation and a resolution professional shall be appointed in the same manner as laid down in section 16. **28. Approval of committee of creditors for certain actions.—(1) Notwithstanding anything** contained in any other law for the time being in force, the resolution professional, during the corporate insolvency resolution process, shall not take any of the following actions without the prior approval of the committee of creditors namely:— (a) raise any interim finance in excess of the amount as may be decided by the committee of creditors in their meeting; (b) create any security interest over the assets of the corporate debtor; (c) change the capital structure of the corporate debtor, including by way of issuance of additional securities, creating a new class of securities or buying back or redemption of issued securities in case the corporate debtor is a company; (d) record any change in the ownership interest of the corporate debtor; 1. Ins. by Act 26 of 2019, s. 5 (w.e.f. 16-08-2019). 2. Subs. by Act 26 of 2018, s. 20, for sub-section (2) (w.e.f. 6-6-2018). 37 ----- (e) give instructions to financial institutions maintaining accounts of the corporate debtor for a debit transaction from any such accounts in excess of the amount as may be decided by the committee of creditors in their meeting; (f) undertake any related party transaction; (g) amend any constitutional documents of the corporate debtor; (h) delegate its authority to any other person; (i) dispose of or permit the disposal of shares of any shareholder of the corporate debtor or their nominees to third parties; (j) make any change in the management of the corporate debtor or its subsidiary; (k) transfer rights or financial debts or operational debts under material contracts otherwise than in the ordinary course of business; (l) make changes in the appointment or terms of contract of such personnel as specified by the committee of creditors; or (m) make changes in the appointment or terms of contract of statutory auditors or internal auditors of the corporate debtor. (2) The resolution professional shall convene a meeting of the committee of creditors and seek the vote of the creditors prior to taking any of the actions under sub-section (1). (3) No action under sub-section (1) shall be approved by the committee of creditors unless approved by a vote of [1][sixty-six] per cent. of the voting shares. (4) Where any action under sub-section (1) is taken by the resolution professional without seeking the approval of the committee of creditors in the manner as required in this section, such action shall be void. (5) The committee of creditors may report the actions of the resolution professional under sub-section (4) to the Board for taking necessary actions against him under this Code. **29. Preparation of information memorandum.—(1)** The resolution professional shall prepare an information memorandum in such form and manner containing such relevant information as may be specified by the Board for formulating a resolution plan. (2) The resolution professional shall provide to the resolution applicant access to all relevant information in physical and electronic form, provided such resolution applicant undertakes— (a) to comply with provisions of law for the time being in force relating to confidentiality and insider trading; (b) to protect any intellectual property of the corporate debtor it may have access to; and (c) not to share relevant information with third parties unless clauses (a) and (b) of this sub-section are complied with. _Explanation.—For the purposes of this section, “relevant information” means the information_ required by the resolution applicant to make the resolution plan for the corporate debtor, which shall include the financial position of the corporate debtor, all information related to disputes by or against the corporate debtor and any other matter pertaining to the corporate debtor as may be specified. 2[29A. Person not eligible to be resolution applicant. _—A person shall not be eligible to submit a_ resolution plan, if such person, or any other person acting jointly or in concert with such person— 1. Subs. by Act 26 of 2018, s. 21, for “seventy five” (w.e.f. 6-6-2018). 2. Ins. by Act 8 of 2018, s. 5 (w.e.f. 23-11-2017) 38 ----- (a) is an undischarged insolvent; (b) is a wilful defaulter in accordance with the guidelines of the Reserve Bank of India issued under the Banking Regulation Act, 1949; (c) [1][at the time of submission of the resolution plan has an account,] or an account of a corporate debtor under the management or control of such person or of whom such person is a promoter, classified as non-performing asset in accordance with the guidelines of the Reserve Bank of India issued under the Banking Regulation Act, 1949 (10 1949) [2][or the guidelines of a financial sector regulator issued under any other law for the time being in force,] and at least a period of one year has lapsed from the date of such classification till the date of commencement of the corporate insolvency resolution process of the corporate debtor: Provided that the person shall be eligible to submit a resolution plan if such person makes payment of all overdue amounts with interest thereon and charges relating to non-performing asset accounts before submission of resolution plan; 1[Provided further that nothing in this clause shall apply to a resolution applicant where such applicant is a financial entity and is not a related party to the corporate debtor. _Explanation I.—For the purposes of this proviso, the expression “related party” shall not include a_ financial entity, regulated by a financial sector regulator, if it is a financial creditor of the corporate debtor and is a related party of the corporate debtor solely on account of conversion or substitution of debt into equity shares or instruments convertible into equity shares [3][or completion of such transactions as may be prescribed,] prior to the insolvency commencement date. _Explanation II.—For the purposes of this clause, where a resolution applicant has an account, or an_ account of a corporate debtor under the management or control of such person or of whom such person is a promoter, classified as non-performing asset and such account was acquired pursuant to a prior resolution plan approved under this Code, then, the provisions of this clause shall not apply to such resolution applicant for a period of three years from the date of approval of such resolution plan by the Adjudicating Authority under this Code;] [4][(d) has been convicted for any offence punishable with imprisonment— (i) for two years or more under any Act specified under the Twelfth Schedule; or (ii) for seven years or more under any other law for the time being in force: Provided that this clause shall not apply to a person after the expiry of a period of two years from the date of his release from imprisonment: Provided further that this clause shall not apply in relation to a connected person referred to in clause (iii) of Explanation I;] (e) is disqualified to act as a director under the Companies Act, 2013; 2[Provided that this clause shall not apply in relation to a connected person referred to in clause (iii) of Explanation I;] (f) is prohibited by the Securities and Exchange Board of India from trading in securities or accessing the securities markets; (g) has been a promoter or in the management or control of a corporate debtor in which a preferential transaction, undervalued transaction, extortionate credit transaction or fraudulent transaction has taken place and in respect of which an order has been made by the Adjudicating Authority under this Code; 1. Subs. by Act 26 of 2018, s. 22, for “has an account” (w.e.f. 6-6-2018). 2. Ins. by s. 22, ibid., (w.e.f. 6-6-2018). 3. Ins. by Act 1 of 2020, s. 9 (w.e.f. 28-12-2019). 4. Subs. by Act 26 of 2018, s. 22, for clause (d) (w.e.f. 6-6-2018). 39 ----- 1[Provided that this clause shall not apply if a preferential transaction, undervalued transaction, extortionate credit transaction or fraudulent transaction has taken place prior to the acquisition of the corporate debtor by the resolution applicant pursuant to a resolution plan approved under this Code or pursuant to a scheme or plan approved by a financial sector regulator or a court, and such resolution applicant has not otherwise contributed to the preferential transaction, undervalued transaction, extortionate credit transaction or fraudulent transaction;] (h) has executed [2][a guarantee] in favour of a creditor in respect of a corporate debtor against which an application for insolvency resolution made by such creditor has been admitted under this Code [3][and such guarantee has been invoked by the creditor and remains unpaid in full or part]; (i) [4][is] subject to any disability, corresponding to clauses (a) to (h), under any law in a jurisdiction outside India; or (j) has a connected person not eligible under clauses (a) to (i) 5[Explanation. I] — For the purposes of this clause, the expression “connected person” means— (i) any person who is the promoter or in the management or control of the resolution applicant; or (ii) any person who shall be the promoter or in management or control of the business of the corporate debtor during the implementation of the resolution plan; or (iii) the holding company, subsidiary company, associate company or related party of a person referred to in clauses (i) and (ii): 6[Provided that nothing in clause (iii) of Explanation I shall apply to a resolution applicant where such applicant is a financial entity and is not a related party of the corporate debtor: Provided further that the expression “related party” shall not include a financial entity, regulated by a financial sector regulator, if it is a financial creditor of the corporate debtor and is a related party of the corporate debtor solely on account of conversion or substitution of debt into equity shares or instruments convertible into equity shares [7][or completion of such transactions as may be prescribed,] prior to the insolvency commencement date;] 8[Explanation II.—For the purposes of this section, “financial entity” shall mean the following entities which meet such criteria or conditions as the Central Government may, in consultation with the financial sector regulator, notify in this behalf, namely:— (a) a scheduled bank; (b) any entity regulated by a foreign central bank or a securities market regulator or other financial sector regulator of a jurisdiction outside India which jurisdiction is compliant with the Financial Action Task Force Standards and is a signatory to the International Organisation of Securities Commissions Multilateral Memorandum of Understanding; (c) any investment vehicle, registered foreign institutional investor, registered foreign portfolio investor or a foreign venture capital investor, where the terms shall have the meaning assigned to them in regulation 2 of the Foreign Exchange Management (Transfer or Issue of Security by a Person 1. Ins. by Act 26 of 2018, s. 22 (w.e.f. 6-6-2018). 2. Subs. by s. 22, ibid., for “an enforceable guarantee” (w.e.f. 6-6-2018). 3. Ins. by s. 22, ibid., (w.e.f. 6-6-2018). 4. Subs. by s. 22, ibid., for “has been” (w.e.f. 6-6-2018). 5. Explanation renumbered as Explanation I by s. 22, ibid. (w.e.f. 6-6-2018). 6. The proviso subs. by s. 22, ibid., (w.e.f. 6-6-2018). 7. Ins. by Act 1 of 2020, s. 9 (w.e.f. 28-12-2019). 8. Explanation ins. by Act 26 of 2018, s. 22 (w.e.f. 6-6-2018). 40 ----- Resident Outside India) Regulations, 2017 made under the Foreign Exchange Management Act, 1999 (42 of 1999); (d) an asset reconstruction company registered with the Reserve Bank of India under section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (e) an Alternate Investment Fund registered with the Securities and Exchange Board of India; (f) such categories of persons as may be notified by the Central Government.].] **30. Submission of resolution plan.—(1) A resolution applicant may submit a resolution plan [1][along** with an affidavit stating that he is eligible under section 29A] to the resolution professional prepared on the basis of the information memorandum. (2) The resolution professional shall examine each resolution plan received by him to confirm that each resolution plan— (a) provides for the payment of insolvency resolution process costs in a manner specified by the Board in priority to the [2][payment] of other debts of the corporate debtor; 3[(b) provides for the payment of debts of operational creditors in such manner as may be specified by the Board which shall not be less than— (i) the amount to be paid to such creditors in the event of a liquidation of the corporate debtor under section 53; or (ii) the amount that would have been paid to such creditors, if the amount to be distributed under the resolution plan had been distributed in accordance with the order of priority in sub-section (1) of section 53, whichever is higher and provides for the payment of debts of financial creditors, who do not vote in favour of the resolution plan, in such manner as may be specified by the Board, which shall not be less than the amount to be paid to such creditors in accordance with sub-section (1) of section 53 in the event of a liquidation of the corporate debtor. _Explanation 1.—For the removal of doubts, it is hereby clarified that a distribution in_ accordance with the provisions of this clause shall be fair and equitable to such creditors. _Explanation 2.—For the purposes of this clause, it is hereby declared that on and from the_ date of commencement of the Insolvency and Bankruptcy Code (Amendment) Act, 2019, the provisions of this clause shall also apply to the corporate insolvency resolution process of a corporate debtor— (i) where a resolution plan has not been approved or rejected by the Adjudicating Authority; (ii) where an appeal has been preferred under section 61 or section 62 or such an appeal is not time barred under any provision of law for the time being in force; or (iii) where a legal proceeding has been initiated in any court against the decision of the Adjudicating Authority in respect of a resolution plan;] 1. Ins. by Act 26 of 2018, s. 23 (w.e.f. 6-6-2018). 2. Subs. by s. 23, ibid., for “repayment” (w.e.f. 6-6-2018). 3. Subs. by Act 26 of 2019, s. 6, for clause (b) (w.e.f. 16-08-2019). 41 ----- (c) provides for the management of the affairs of the Corporate debtor after approval of the resolution plan; (d) the implementation and supervision of the resolution plan; (e) does not contravene any of the provisions of the law for the time being in force; (f) conforms to such other requirements as may be specified by the Board. 1[Explanation.—For the purposes of clause (e), if any approval of shareholders is required under the Companies Act, 2013 or any other law for the time being in force for the implementation of actions under the resolution plan, such approval shall be deemed to have been given and it shall not be a contravention of that Act or law]; (3) The resolution professional shall present to the committee of creditors for its approval such resolution plans which confirm the conditions referred to in sub-section (2). 2[(4) The committee of creditors may approve a resolution plan by a vote of not less than 3[sixty-six] per cent. of voting share of the financial creditors, after considering its feasibility and viability, [4][the manner of distribution proposed, which may take into account the order of priority amongst creditors as laid down in sub-section (1) of section 53, including the priority and value of the security interest of a secured creditor] and such other requirements as may be specified by the Board: Provided that the committee of creditors shall not approve a resolution plan, submitted before the commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017(Ord. 7 of 2017), where the resolution applicant is ineligible under section 29A and may require the resolution professional to invite a fresh resolution plan where no other resolution plan is available with it: Provided further that where the resolution applicant referred to in the first proviso is ineligible under clause (c) of section 29A, the resolution applicant shall be allowed by the committee of creditors such period, not exceeding thirty days, to make payment of overdue amounts in accordance with the proviso to clause (c) of section 29A: Provided also that nothing in the second proviso shall be construed as extension of period for the purposes of the proviso to sub-section (3) of section 12, and the corporate insolvency resolution process shall be completed within the period specified in that sub-section.] 5[Provided also that the eligibility criteria in section 29A as amended by the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 shall apply to the resolution applicant who has not submitted resolution plan as on the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018.] (5) The resolution applicant may attend the meeting of the committee of creditors in which the resolution plan of the applicant is considered: Provided that the resolution applicant shall not have a right to vote at the meeting of the committee of creditors unless such resolution applicant is also a financial creditor. 1. Ins. by Act 26 of 2018, s. 23 (w.e.f. 6-6-2018). 2. Subs. by Act 8 of 2018, s. 6, for sub-section (4) (w.e.f. 23-11-2017). 3. Subs. by Act 26 of 2018, s., 23, for “seventy-five” (w.e.f. 6-6-2018). 4. Ins. by Act 26 of 2019, s. 6 (w.e.f. 16-08-2019). 5. Ins. by Act 26 of 2018, s. 23 (w.e.f. 6-6-2018). 42 ----- (6) The resolution professional shall submit the resolution plan as approved by the committee of creditors to the Adjudicating Authority. **31. Approval of resolution plan.—(1) If the Adjudicating Authority is satisfied that the resolution** plan as approved by the committee of creditors under sub-section (4) of section 30 meets the requirements as referred to in sub-section (2) of section 30, it shall by order approve the resolution plan which shall be binding on the corporate debtor and its employees, members, creditors, [1][including the Central Government, any State Government or any local authority to whom a debt in respect of the payment of dues arising under any law for the time being in force, such as authorities to whom statutory dues are owed,] guarantors and other stakeholders involved in the resolution plan. 2[Provided that the Adjudicating Authority shall, before passing an order for approval of resolution plan under this sub-section, satisfy that the resolution plan has provisions for its effective implementation.] (2) Where the Adjudicating Authority is satisfied that the resolution plan does not confirm to the requirements referred to in sub-section (1), it may, by an order, reject the resolution plan. (3) After the order of approval under sub-section (1),— (a) the moratorium order passed by the Adjudicating Authority under section 14 shall cease to have effect; and (b) the resolution professional shall forward all records relating to the conduct of the corporate insolvency resolution process and the resolution plan to the Board to be recorded on its database. 2[(4) The resolution applicant shall, pursuant to the resolution plan approved under sub-section (1), obtain the necessary approval required under any law for the time being in force within a period of one year from the date of approval of the resolution plan by the Adjudicating Authority under sub-section (1) or within such period as provided for in such law, whichever is later: Provided that where the resolution plan contains a provision for combination, as referred to in section 5 of the Competition Act, 2002 (12 of 2003), the resolution applicant shall obtain the approval of the Competition Commission of India under that Act prior to the approval of such resolution plan by the committee of creditors.] **32. Appeal.—Any appeal from an order approving the resolution plan shall be in the manner and on** the grounds laid down in sub-section (3) of section 61. 3[32A. Liability for prior offences, etc.—(1) Notwithstanding anything to the contrary contained in this Code or any other law for the time being in force, the liability of a corporate debtor for an offence committed prior to the commencement of the corporate insolvency resolution process shall cease, and the corporate debtor shall not be prosecuted for such an offence from the date the resolution plan has been approved by the Adjudicating Authority under section 31, if the resolution plan results in the change in the management or control of the corporate debtor to a person who was not— (a) a promoter or in the management or control of the corporate debtor or a related party of such a person; or (b) a person with regard to whom the relevant investigating authority has, on the basis of material in its possession, reason to believe that he had abetted or conspired for the commission of the offence, and has submitted or filed a report or a complaint to the relevant statutory authority or Court: 1. Ins. by Act 26 of 2019, s. 7 (w.e.f. 16-08-2019). 2. Ins. by Act 26 of 2018, s. 24 (w.e.f. 6-6-2018). 3. Ins. by Act 1 of 2020, s. 10 (w.e.f. 28-12-2019). 43 ----- Provided that if a prosecution had been instituted during the corporate insolvency resolution process against such corporate debtor, it shall stand discharged from the date of approval of the resolution plan subject to requirements of this sub-section having been fulfilled: Provided further that every person who was a “designated partner” as defined in clause (j) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009), or an “officer who is in default”, as defined in clause (60) of section 2 of the Companies Act, 2013 (18 of 2013), or was in any manner incharge of, or responsible to the corporate debtor for the conduct of its business or associated with the corporate debtor in any manner and who was directly or indirectly involved in the commission of such offence as per the report submitted or complaint filed by the investigating authority, shall continue to be liable to be prosecuted and punished for such an offence committed by the corporate debtor notwithstanding that the corporate debtor's liability has ceased under this sub-section. (2) No action shall be taken against the property of the corporate debtor in relation to an offence committed prior to the commencement of the corporate insolvency resolution process of the corporate debtor, where such property is covered under a resolution plan approved by the Adjudicating Authority under section 31, which results in the change in control of the corporate debtor to a person, or sale of liquidation assets under the provisions of Chapter III of Part II of this Code to a person, who was not— (i) a promoter or in the management or control of the corporate debtor or a related party of such a person; or (ii) a person with regard to whom the relevant investigating authority has, on the basis of material in its possession reason to believe that he had abetted or conspired for the commission of the offence, and has submitted or filed a report or a complaint to the relevant statutory authority or Court. _Explanation.—For the purposes of this sub-section, it is hereby clarified that,—_ (i) an action against the property of the corporate debtor in relation to an offence shall include the attachment, seizure, retention or confiscation of such property under such law as may be applicable to the corporate debtor; (ii) nothing in this sub-section shall be construed to bar an action against the property of any person, other than the corporate debtor or a person who has acquired such property through corporate insolvency resolution process or liquidation process under this Code and fulfils the requirements specified in this section, against whom such an action may be taken under such law as may be applicable. (3) Subject to the provisions contained in sub-sections (1) and (2), and notwithstanding the immunity given in this section, the corporate debtor and any person who may be required to provide assistance under such law as may be applicable to such corporate debtor or person, shall extend all assistance and co-operation to any authority investigating an offence committed prior to the commencement of the corporate insolvency resolution process.] 44 ----- CHAPTER III LIQUIDATION PROCESS **33. Initiation of liquidation.—(1) Where the Adjudicating Authority,—** (a) before the expiry of the insolvency resolution process period or the maximum period permitted for completion of the corporate insolvency resolution process under section 12 or the fast track corporate insolvency resolution process under section 56, as the case may be, does not receive a resolution plan under sub-section (6) of section 30; or (b) rejects the resolution plan under section 31 for the non-compliance of the requirements specified therein, it shall— (i) pass an order requiring the corporate debtor to be liquidated in the manner as laid down in this Chapter; (ii) issue a public announcement stating that the corporate debtor is in liquidation; and (iii) require such order to be sent to the authority with which the corporate debtor is registered. (2) Where the resolution professional, at any time during the corporate insolvency resolution process but before confirmation of resolution plan, intimates the Adjudicating Authority of the decision of the committee of creditors [1][approved by not less than sixty-six per cent. of the voting share] to liquidate the corporate debtor, the Adjudicating Authority shall pass a liquidation order as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1). 2[Explanation.—For the purposes of this sub-section, it is hereby declared that the committee of creditors may take the decision to liquidate the corporate debtor, any time after its constitution under sub-section (1) of section 21 and before the confirmation of the resolution plan, including at any time before the preparation of the information memorandum.] (3) Where the resolution plan approved by the Adjudicating Authority [3][under section 31 or under sub-section (1) of section 54L,] is contravened by the concerned corporate debtor, any person other than the corporate debtor, whose interests are prejudicially affected by such contravention, may make an application to the Adjudicating Authority for a liquidation order as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1). (4) On receipt of an application under sub-section (3), if the Adjudicating Authority determines that the corporate debtor has contravened the provisions of the resolution plan, it shall pass a liquidation order as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1). (5) Subject to section 52, when a liquidation order has been passed, no suit or other legal proceeding shall be instituted by or against the corporate debtor: Provided that a suit or other legal proceeding may be instituted by the liquidator, on behalf of the corporate debtor, with the prior approval of the Adjudicating Authority. (6) The provisions of sub-section (5) shall not apply to legal proceedings in relation to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. 1. Ins. by Act 26 of 2018, s. 25 (w.e.f. 6-6-2018). 2. Ins. by Act 26 of 2019, s. 8 (w.e.f. 16-08-2019). 3. Ins. by Act 26 of 2021, s. 6 (w.e.f. 4-4-2021). 45 ----- (7) The order for liquidation under this section shall be deemed to be a notice of discharge to the officers, employees and workmen of the corporate debtor, except when the business of the corporate debtor is continued during the liquidation process by the liquidator. **34.** **Appointment of liquidator and fee to be paid.—(1) Where the Adjudicating Authority passes** an order for liquidation of the corporate debtor under section 33, the resolution professional appointed for the corporate insolvency resolution process under [1][Chapter II [2][or for the pre-packaged insolvency resolution process under Chapter III-A] shall, subject to submission of a written consent by the resolution professional to the Adjudicatory Authority in specified form,] act as the liquidator for the purposes of liquidation unless replaced by the Adjudicating Authority under sub-section (4). (2) On the appointment of a liquidator under this section, all powers of the board of directors, key managerial personnel and the partners of the corporate debtor, as the case may be, shall cease to have effect and shall be vested in the liquidator. (3) The personnel of the corporate debtor shall extend all assistance and cooperation to the liquidator as may be required by him in managing the affairs of the corporate debtor and provisions of section 19 shall apply in relation to voluntary liquidation process as they apply in relation to liquidation process with the substitution of references to the liquidator for references to the interim resolution professional. (4) The Adjudicating Authority shall by order replace the resolution professional, if— (a) the resolution plan submitted by the resolution professional under section 30 was rejected for failure to meet the requirements mentioned in sub-section (2) of section 30; or (b) the Board recommends the replacement of a resolution professional to the Adjudicating Authority for reasons to be recorded [3][in writing; or] 4[(c) the resolution professional fails to submit written consent under sub-section (1).] (5) For the purposes of [5][clauses (a) and (c)] of sub-section (4), the Adjudicating Authority may direct the Board to propose the name of another insolvency professional to be appointed as a liquidator. (6) The Board shall propose the name of another insolvency professional [3][along with written consent from the insolvency professional in the specified form,] within ten days of the direction issued by the Adjudicating Authority under sub-section (5). (7) The Adjudicating Authority shall, on receipt of the proposal of the Board for the appointment of an insolvency professional as liquidator, by an order appoint such insolvency professional as the liquidator. (8) An insolvency professional proposed to be appointed as a liquidator shall charge such fee for the conduct of the liquidation proceedings and in such proportion to the value of the liquidation estate assets, as may be specified by the Board. (9) The fees for the conduct of the liquidation proceedings under sub-section (8) shall be paid to the liquidator from the proceeds of the liquidation estate under section 53. **35.** **Powers and duties of liquidator.—(1) Subject to the directions of the Adjudicating Authority,** the liquidator shall have the following powers and duties, namely:— 1. Subs. by Act 26 of 2018, s. 26, for “Chapter II shall” (w.e.f 6-6-2018). 2. Ins. by Act 26 of 2021, s. 7 (w.e.f. 4-4-2021). 3. Subs. by Act 26 of 2018, s. 26, for “in writing” (w.e.f. 6-6-2018). 4. Ins. by s. 26, ibid (w.e.f. 6-6-2018). 5. Subs. by s. 26, ibid, for “clause (a)” (w.e.f. 6-6-2018). 46 ----- (a) to verify claims of all the creditors; (b) to take into his custody or control all the assets, property, effects and actionable claims of the corporate debtor; (c) to evaluate the assets and property of the corporate debtor in the manner as may be specified by the Board and prepare a report; (d) to take such measures to protect and preserve the assets and properties of the corporate debtor as he considers necessary; (e) to carry on the business of the corporate debtor for its beneficial liquidation as he considers necessary; (f) subject to section 52, to sell the immovable and movable property and actionable claims of the corporate debtor in liquidation by public auction or private contract, with power to transfer such property to any person or body corporate, or to sell the same in parcels in such manner as may be specified; 1[Provided that the liquidator shall not sell the immovable and movable property or actionable claims of the corporate debtor in liquidation to any person who is not eligible to be a resolution applicant.]. (g) to draw, accept, make and endorse any negotiable instruments including bill of exchange, hundi or promissory note in the name and on behalf of the corporate debtor, with the same effect with respect to the liability as if such instruments were drawn, accepted, made or endorsed by or on behalf of the corporate debtor in the ordinary course of its business; (h) to take out, in his official name, letter of administration to any deceased contributory and to do in his official name any other act necessary for obtaining payment of any money due and payable from a contributory or his estate which cannot be ordinarily done in the name of the corporate debtor, and in all such cases, the money due and payable shall, for the purpose of enabling the liquidator to take out the letter of administration or recover the money, be deemed to be due to the liquidator himself; (i) to obtain any professional assistance from any person or appoint any professional, in discharge of his duties, obligations and responsibilities; (j) to invite and settle claims of creditors and claimants and distribute proceeds in accordance with the provisions of this Code; (k) to institute or defend any suit, prosecution or other legal proceedings, civil or criminal, in the name of on behalf of the corporate debtor; (l) to investigate the financial affairs of the corporate debtor to determine undervalued or preferential transactions; (m) to take all such actions, steps, or to sign, execute and verify any paper, deed, receipt document, application, petition, affidavit, bond or instrument and for such purpose to use the common seal, if any, as may be necessary for liquidation, distribution of assets and in discharge of his duties and obligations and functions as liquidator; (n) to apply to the Adjudicating Authority for such orders or directions as may be necessary for the liquidation of the corporate debtor and to report the progress of the liquidation process in a manner as may be specified by the Board; and 1. Ins. by Act 8 of 2018, s. 7 (w.e.f. 23-11-2017). 47 ----- (o) to perform such other functions as may be specified by the Board. (2) The liquidator shall have the power to consult any of the stakeholders entitled to a distribution of proceeds under section 53: Provided that any such consultation shall not be binding on the liquidator: Provided further that the records of any such consultation shall be made available to all other stakeholders not so consulted, in a manner specified by the Board. **36. Liquidation estate.—(1) For the purposes of liquidation, the liquidator shall form an estate of the** assets mentioned in sub-section (3), which will be called the liquidation estate in relation to the corporate debtor. (2) The liquidator shall hold the liquidation estate as a fiduciary for the benefit of all the creditors. (3) Subject to sub-section (4), the liquidation estate shall comprise all liquidation estate assets which shall include the following:— (a) any assets over which the corporate debtor has ownership rights, including all rights and interests therein as evidenced in the balance sheet of the corporate debtor or an information utility or records in the registry or any depository recording securities of the corporate debtor or by any other means as may be specified by the Board, including shares held in any subsidiary of the corporate debtor; (b) assets that may or may not be in possession of the corporate debtor including but not limited to encumbered assets; (c) tangible assets, whether movable or immovable; (d) intangible assets including but not limited to intellectual property, securities (including shares held in a subsidiary of the corporate debtor) and financial instruments, insurance policies, contractual rights; (e) assets subject to the determination of ownership by the court or authority; (f) any assets or their value recovered through proceedings for avoidance of transactions in accordance with this Chapter; (g) any asset of the corporate debtor in respect of which a secured creditor has relinquished security interest; (h) any other property belonging to or vested in the corporate debtor at the insolvency commencement date; and (i) all proceeds of liquidation as and when they are realised. (4) The following shall not be included in the liquidation estate assets and shall not be used for recovery in the liquidation:— (a) assets owned by a third party which are in possession of the corporate debtor, including— (i) assets held in trust for any third party; (ii) bailment contracts; (iii) all sums due to any workman or employee from the provident fund, the pension fund and the gratuity fund; (iv) other contractual arrangements which do not stipulate transfer of title but only use of the assets; and 48 ----- (v) such other assets as may be notified by the Central Government in consultation with any financial sector regulator; (b) assets in security collateral held by financial services providers and are subject to netting and set-off in multi-lateral trading or clearing transactions; (c) personal assets of any shareholder or partner of a corporate debtor as the case may be provided such assets are not held on account of avoidance transactions that may be avoided under this Chapter; (d) assets of any Indian or foreign subsidiary of the corporate debtor; or (e) any other assets as may be specified by the Board, including assets which could be subject to set-off on account of mutual dealings between the corporate debtor and any creditor. **37. Powers of liquidator to access information.—(1) Notwithstanding anything contained in any** other law for the time being in force, the liquidator shall have the power to access any information systems for the purpose of admission and proof of claims and identification of the liquidation estate assets relating to the corporate debtor from the following sources, namely:— (a) an information utility; (b) credit information systems regulated under any law for the time being in force; (c) any agency of the Central, State or Local Government including any registration authorities; (d) information systems for financial and non-financial liabilities regulated under any law for the time being in force; (e) information systems for securities and assets posted as security interest regulated under any law for the time being in force; (f) any database maintained by the Board; and (g) any other source as may be specified by the Board. (2) The creditors may require the liquidator to provide them any financial information relating to the corporate debtor in such manner as may be specified. (3) The liquidator shall provide information referred to in sub-section (2) to such creditors who have requested for such information within a period of seven days from the date of such request or provide reasons for not providing such information. **38. Consolidation of claims.—(1) The liquidator shall receive or collect the claims of creditors** within a period of thirty days from the date of the commencement of the liquidation process. (2) A financial creditor may submit a claim to the liquidator by providing a record of such claim with an information utility: Provided that where the information relating to the claim is not recorded in the information utility, the financial creditor may submit the claim in the same manner as provided for the submission of claims for the operational creditor under sub-section (3). (3) An operational creditor may submit a claim to the liquidator in such form and in such manner and along with such supporting documents required to prove the claim as may be specified by the Board. (4) A creditor who is partly a financial creditor and partly an operational creditor shall submit claims to the liquidator to the extent of his financial debt in the manner as provided in sub-section (2) and to the extent of his operational debt under sub-section (3). 49 ----- (5) A creditor may withdraw or vary his claim under this section within fourteen days of its submission. **39. Verification of claims.—(1) The liquidator shall verify the claims submitted under section 38** within such time as specified by the Board. (2) The liquidator may require any creditor or the corporate debtor or any other person to produce any other document or evidence which he thinks necessary for the purpose of verifying the whole or any part of the claim. **40. Admission or rejection of claims.—(1) The liquidator may, after verification of claims under** section 39, either admit or reject the claim, in whole or in part, as the case may be: Provided that where the liquidator rejects a claim, he shall record in writing the reasons for such rejection. (2) The liquidator shall communicate his decision of admission or rejection of claims to the creditor and corporate debtor within seven days of such admission or rejection of claims. **41. Determination of valuation of claims.—The liquidator shall determine the value of claims** admitted under section 40 in such manner as may be specified by the Board. **42. Appeal against the decision of liquidator.—A creditor may appeal to the Adjudicating** Authority against the decision of the liquidator [1][accepting or] rejecting the claims within fourteen days of the receipt of such decision. **43.** **Preferential transactions and relevant time.—(1) Where the liquidator or the resolution** professional, as the case may be, is of the opinion that the corporate debtor has at a relevant time given a preference in such transactions and in such manner as laid down in sub-section (2) to any persons as referred to in sub-section (4), he shall apply to the Adjudicating Authority for avoidance of preferential transactions and for, one or more of the orders referred to in section 44. (2) A corporate debtor shall be deemed to have given a preference, if— (a) there is a transfer of property or an interest thereof of the corporate debtor for the benefit of a creditor or a surety or a guarantor for or on account of an antecedent financial debt or operational debt or other liabilities owed by the corporate debtor; and (b) the transfer under clause (a) has the effect of putting such creditor or a surety or a guarantor in a beneficial position than it would have been in the event of a distribution of assets being made in accordance with section 53. (3) For the purposes of sub-section (2), a preference shall not include the following transfers— (a) transfer made in the ordinary course of the business or financial affairs of the corporate debtor or the transferee; (b) any transfer creating a security interest in property acquired by the corporate debtor to the extent that— (i) such security interest secures new value and was given at the time of or after the signing of a security agreement that contains a description of such property as security interest and was used by corporate debtor to acquire such property; and 1. Ins. by Act 26 of 2018, s. 27 (w.e.f. 6-6-2018). 50 ----- (ii) such transfer was registered with an information utility on or before thirty days after the corporate debtor receives possession of such property: Provided that any transfer made in pursuance of the order of a court shall not, preclude such transfer to be deemed as giving of preference by the corporate debtor. _Explanation.—For the purpose of sub-section (3) of this section, “new value” means money or its_ worth in goods, services, or new credit, or release by the transferee of property previously transferred to such transferee in a transaction that is neither void nor voidable by the liquidator or the resolution professional under this Code, including proceeds of such property, but does not include a financial debt or operational debt substituted for existing financial debt or operational debt. (4) A preference shall be deemed to be given at a relevant time, if— (a) it is given to a related party (other than by reason only of being an employee), during the period of two years preceding the insolvency commencement date; or (b) a preference is given to a person other than a related party during the period of one year preceding the insolvency commencement date. **44. Orders in case of preferential transactions.—The Adjudicating Authority, may, on an** application made by the resolution professional or liquidator under sub-section (1) of section 43, by an order: (a) require any property transferred in connection with the giving of the preference to be vested in the corporate debtor; (b) require any property to be so vested if it represents the application either of the proceeds of sale of property so transferred or of money so transferred; (c) release or discharge (in whole or in part) of any security interest created by the corporate debtor; (d) require any person to pay such sums in respect of benefits received by him Adjudicating Authority may direct; (e) direct any guarantor, whose financial debts or operational debts owed to any person were released or discharged (in whole or in part) by the giving of the preference, to be under such new or revived financial debts or operational debts to that person as the Adjudicating Authority deems appropriate; (f) direct for providing security or charge on any property for the discharge of any financial debt or operational debt under the order, and such security or charge to have the same priority as a security or charge released or discharged wholly or in part by the giving of the preference; and (g) direct for providing the extent to which any person whose property is so vested in the corporate debtor, or on whom financial debts or operational debts are imposed by the order, are to be proved in the liquidation or the corporate insolvency resolution process for financial debts or operational debts which arose from, or were released or discharged wholly or in part by the giving of the preference: Provided that an order under this section shall not— (a) affect any interest in property which was acquired from a person other than the corporate debtor or any interest derived from such interest and was acquired in good faith and for value; (b) require a person, who received a benefit from the preferential transaction in good faith and for value to pay a sum to the liquidator or the resolution professional. 51 ----- _Explanation I.—For the purpose of this section, it is clarified that where a person, who has acquired_ an interest in property from another person other than the corporate debtor, or who has received a benefit from the preference or such another person to whom the corporate debtor gave the preference,— (i) had sufficient information of the initiation or commencement of insolvency resolution process of the corporate debtor; (ii) is a related party, it shall be presumed that the interest was acquired or the benefit was received otherwise than in good faith unless the contrary is shown. _Explanation II.—A person shall be deemed to have sufficient information or opportunity to avail such_ information if a public announcement regarding the corporate insolvency resolution process has been made under section 13. **45. Avoidance of undervalued transactions.—(1) If the liquidator or the resolution professional, as** the case may be, on an examination of the transactions of the corporate debtor referred to in sub-section (2) [1]*** determines that certain transactions were made during the relevant period under section 46, which were undervalued, he shall make an application to the Adjudicating Authority to declare such transactions as void and reverse the effect of such transaction in accordance with this Chapter. (2) A transaction shall be considered undervalued where the corporate debtor— (a) makes a gift to a person; or (b) enters into a transaction with a person which involves the transfer of one or more assets by the corporate debtor for a consideration the value of which is significantly less than the value of the consideration provided by the corporate debtor, and such transaction has not taken place in the ordinary course of business of the corporate debtor. **46. Relevant period for avoidable transactions.—(1) In an application for avoiding a transaction at** undervalue, the liquidator or the resolution professional, as the case may be, shall demonstrate that— (i) such transaction was made with any person within the period of one year preceding the insolvency commencement date; or (ii) such transaction was made with a related party within the period of two years preceding the insolvency commencement date. (2) The Adjudicating Authority may require an independent expert to assess evidence relating to the value of the transactions mentioned in this section. **47. Application by creditor in cases of undervalued transactions.—(1) Where an undervalued** transaction has taken place and the liquidator or the resolution professional as the case may be, has not reported it to the Adjudicating Authority, a creditor, member or a partner of a corporate debtor, as the case may be, may make an application to the Adjudicating Authority to declare such transactions void and reverse their effect in accordance with this Chapter. (2) Where the Adjudicating Authority, after examination of the application made under sub-section (1), is satisfied that— (a) undervalued transactions had occurred; and 1. The words and figures “of section 43” omitted by Act 26 of 2018, s. 28 (w.e.f. 6-6-2018). 52 ----- (b) liquidator or the resolution professional, as the case may be, after having sufficient information or opportunity to avail information of such transactions did not report such transaction to the Adjudicating Authority, it shall pass an order— (a) restoring the position as it existed before such transactions and reversing the effects thereof in the manner as laid down in section 45 and section 48; (b) requiring the Board to initiate disciplinary proceedings against the liquidator or the resolution professional as the case may be. **48. Order in cases of undervalued transactions.—The order of the Adjudicating Authority under** sub-section (1) of section 45 may provide for the following:— (a) require any property transferred as part of the transaction, to be vested in the corporate debtor; (b) release or discharge (in whole or in part) any security interest granted by the corporate debtor; (c) require any person to pay such sums, in respect of benefits received by such person, to the liquidator or the resolution professional as the case may be, as the Adjudicating Authority may direct; or (d) require the payment of such consideration for the transaction as may be determined by an independent expert. **49. Transactions defrauding creditors.—Where the corporate debtor has entered into an** undervalued transaction as referred to in sub-section (2) of section 45 and the Adjudicating Authority is satisfied that such transaction was deliberately entered into by such corporate debtor— (a) for keeping assets of the corporate debtor beyond the reach of any person who is entitled to make a claim against the corporate debtor; or (b) in order to adversely affect the interests of such a person in relation to the claim, the Adjudicating Authority shall make an order— (i) restoring the position as it existed before such transaction as if the transaction had not been entered into; and (ii) protecting the interests of persons who are victims of such transactions: Provided that an order under this section— (a) shall not affect any interest in property which was acquired from a person other than the corporate debtor and was acquired in good faith, for value and without notice of the relevant circumstances, or affect any interest deriving from such an interest, and (b) shall not require a person who received a benefit from the transaction in good faith, for value and without notice of the relevant circumstances to pay any sum unless he was a party to the transaction. **50. Extortionate credit transactions.—(1) Where the corporate debtor has been a party to an** extortionate credit transaction involving the receipt of financial or operational debt during the period within two years preceding the insolvency commencement date, the liquidator or the resolution professional as the case may be, may make an application for avoidance of such transaction to the Adjudicating Authority if the terms of such transaction required exorbitant payments to be made by the corporate debtor. (2) The Board may specify the circumstances in which a transactions which shall be covered under sub-section (1). 53 ----- _Explanation.—For the purpose of this section, it is clarified that any debt extended by any person_ providing financial services which is in compliance with any law for the time being in force in relation to such debt shall in no event be considered as an extortionate credit transaction. **51.** **Order of Adjudicating Authority in respect of extortionate credit transactions.—Where the** Adjudicating Authority after examining the application made under sub-section (1) of section 50 is satisfied that the terms of a credit transaction required exorbitant payments to be made by the corporate debtor, it shall, by an order— (a) restore the position as it existed prior to such transaction; (b) set aside the whole or part of the debt created on account of the extortionate credit transaction; (c) modify the terms of the transaction; (d) require any person who is, or was, a party to the transaction to repay any amount received by such person; or (e) require any security interest that was created as part of the extortionate credit transaction to be relinquished in favour of the liquidator or the resolution professional, as the case may be. **52. Second creditor in liquidation proceedings.—(1) A secured creditor in the liquidation** proceedings may— (a) relinquish its security interest to the liquidation estate and receive proceeds from the sale of assets by the liquidator in the manner specified in section 53; or (b) realise its security interest in the manner specified in this section. (2) Where the secured creditor realises security interest under clause (b) of sub-section (1), he shall inform the liquidator of such security interest and identify the asset subject to such security interest to be realised. (3) Before any security interest is realised by the secured creditor under this section, the liquidator shall verify such security interest and permit the secured creditor to realise only such security interest, the existence of which may be proved either— (a) by the records of such security interest maintained by an information utility; or (b) by such other means as may be specified by the Board. (4) A secured creditor may enforce, realise, settle, compromise or deal with the secured assets in accordance with such law as applicable to the security interest being realised and to the secured creditor and apply the proceeds to recover the debts due to it. (5) If in the course of realising a secured asset, any secured creditor faces resistance from the corporate debtor or any person connected therewith in taking possession of, selling or otherwise disposing of the security, the secured creditor may make an application to the Adjudicating Authority to facilitate the secured creditor to realise such security interest in accordance with law for the time being in force. (6) The Adjudicating Authority, on the receipt of an application from a secured creditor under sub-section (5) may pass such order as may be necessary to permit a secured creditor to realise security interest in accordance with law for the time being in force. (7) Where the enforcement of the security interest under sub-section (4) yields an amount by way of proceeds which is in excess of the debts due to the secured creditor, the secured creditor shall— (a) account to the liquidator for such surplus; and (b) tender to the liquidator any surplus funds received from the enforcement of such secured assets. 54 ----- (8) The amount of insolvency resolution process costs, due from secured creditors who realise their security interests in the manner provided in this section, shall be deducted from the proceeds of any realisation by such secured creditors, and they shall transfer such amounts to the liquidator to be included in the liquidation estate. (9) Where the proceeds of the realisation of the secured assets are not adequate to repay debts owed to the secured creditor, the unpaid debts of such secured creditor shall be paid by the liquidator in the manner specified in clause (e) of sub-section (1) of section 53. **53. Distribution of assets.—(1) Notwithstanding anything to the contrary contained in any law** enacted by the Parliament or any State Legislature for the time being in force, the proceeds from the sale of the liquidation assets shall be distributed in the following order of priority and within such period and in such manner as may be specified, namely:— (a) the insolvency resolution process costs and the liquidation costs paid in full; (b) the following debts which shall rank equally between and among the following:— (i) workmen’s dues for the period of twenty-four months preceding the liquidation commencement date; and (ii) debts owed to a secured creditor in the event such secured creditor has relinquished security in the manner set out in section 52; (c) wages and any unpaid dues owed to employees other than workmen for the period of twelve months preceding the liquidation commencement date; (d) financial debts owed to unsecured creditors; (e) the following dues shall rank equally between and among the following:— (i) any amount due to the Central Government and the State Government including the amount to be received on account of the Consolidated Fund of India and the Consolidated Fund of a State, if any, in respect of the whole or any part of the period of two years preceding the liquidation commencement date; (ii) debts owed to a secured creditor for any amount unpaid following the enforcement of security interest; (f) any remaining debts and dues; (g) preference shareholders, if any; and (h) equity shareholders or partners, as the case may be. (2) Any contractual arrangements between recipients under sub-section (1) with equal ranking, if disrupting the order of priority under that sub-section shall be disregarded by the liquidator. (3) The fees payable to the liquidator shall be deducted proportionately from the proceeds payable to each class of recipients under sub-section (1), and the proceeds to the relevant recipient shall be distributed after such deduction. _Explanation.—For the purpose of this section—_ (i) it is hereby clarified that at each stage of the distribution of proceeds in respect of a class of recipients that rank equally, each of the debts will either be paid in full, or will be paid in equal proportion within the same class of recipients, if the proceeds are insufficient to meet the debts in full; and (ii) the term “workmen’s dues” shall have the same meaning as assigned to it in section 326 of the Companies Act, 2013 (18 of 2013). **54. Dissolution of corporate debtor.—(1) Where the assets of the corporate debtor have been** completely liquidated, the liquidator shall make an application to the Adjudicating Authority for the dissolution of such corporate debtor. (2) The Adjudicating Authority shall on application filed by the liquidator under sub-section (1) order that the corporate debtor shall be dissolved from the date of that order and the corporate debtor shall be dissolved accordingly. 55 ----- (3) A copy of an order under sub-section (2) shall within seven days from the date of such order, be forwarded to the authority with which the corporate debtor is registered. 1[CHAPTER III-A PRE-PACKAGED INSOLVENCY RESOLUTION PROCESS **54A. Corporate debtors eligible for pre-packaged insolvency resolution process.—(1) An** application for initiating pre-packaged insolvency resolution process may be made in respect of a corporate debtor classified as a micro, small or medium enterprise under sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006). (2) Without prejudice to sub-section (1), an application for initiating pre-packaged insolvency resolution process may be made in respect of a corporate debtor, who commits a default referred to in section 4, subject to the following conditions, that— (a) it has not undergone pre-packaged insolvency resolution process or completed corporate insolvency resolution process, as the case may be, during the period of three years preceding the initiation date; (b) it is not undergoing a corporate insolvency resolution process; (c) no order requiring it to be liquidated is passed under section 33; (d) it is eligible to submit a resolution plan under section 29A; (e) the financial creditors of the corporate debtor, not being its related parties, representing such number and in such manner as may be specified, have proposed the name of the insolvency professional to be appointed as resolution professional for conducting the pre-packaged insolvency resolution process of the corporate debtor, and the financial creditors of the corporate debtor, not being its related parties, representing not less than sixty-six per cent. in value of the financial debt due to such creditors, have approved such proposal in such form as may be specified: Provided that where a corporate debtor does not have any financial creditors, not being its related parties, the proposal and approval under this clause shall be provided by such persons as may be specified; (f) the majority of the directors or partners of the corporate debtor, as the case may be, have made a declaration, in such form as may be specified, stating, inter alia, that— (i) the corporate debtor shall file an application for initiating pre-packaged insolvency resolution process within a definite time period not exceeding ninety days; (ii) the pre-packaged insolvency resolution process is not being initiated to defraud any person; and (iii) the name of the insolvency professional proposed and approved to be appointed as resolution professional under clause (e); 1. Ins. by Act 26 of 2021, s. 8 (w.e.f. 4-4-2021). 56 ----- (g) the members of the corporate debtor have passed a special resolution, or at least three-fourth of the total number of partners, as the case may be, of the corporate debtor have passed a resolution, approving the filing of an application for initiating pre-packaged insolvency resolution process. (3) The corporate debtor shall obtain an approval from its financial creditors, not being its related parties, representing not less than sixty-six per cent. in value of the financial debt due to such creditors, for the filing of an application for initiating pre-packaged insolvency resolution process, in such form as may be specified: Provided that where a corporate debtor does not have any financial creditors, not being its related parties, the approval under this sub-section shall be provided by such persons as may be specified. (4) Prior to seeking approval from financial creditors under sub-section (3), the corporate debtor shall provide such financial creditors with— (a) the declaration referred to in clause (f) of sub-section (2); (b) the special resolution or resolution referred to in clause (g) of sub-section (2); (c) a base resolution plan which conforms to the requirements referred to in section 54K, and such other conditions as may be specified; and (d) such other information and documents as may be specified. **54B. Duties of insolvency professional before initiation of pre-packaged insolvency resolution** **process.—(1) The insolvency professional, proposed to be appointed as the resolution professional, shall** have the following duties commencing from the date of the approval under clause (e) of sub-section (2) of section 54A, namely:— (a) prepare a report in such form as may be specified, confirming whether the corporate debtor meets the requirements of section 54A, and the base resolution plan conforms to the requirements referred to in clause (c) of sub-section (4) of section 54A; (b) file such reports and other documents, with the Board, as may be specified; and (c) perform such other duties as may be specified. (2) The duties of the insolvency professional under sub-section (1) shall cease, if,— (a) the corporate debtor fails to file an application for initiating pre-packaged insolvency resolution process within the time period as stated under the declaration referred to in clause (f) of sub-section (2) of section 54A; or (b) the application for initiating pre-packaged insolvency resolution process is admitted or rejected by the Adjudicating Authority, as the case may be. (3) The fees payable to the insolvency professional in relation to the duties performed under sub-section (1) shall be determined and borne in such manner as may be specified and such fees shall form part of the pre-packaged insolvency resolution process costs, if the application for initiation of prepackaged insolvency resolution process is admitted. 57 ----- **54C. Application to initiate pre-packaged insolvency resolution process.—(1) Where a corporate** debtor meets the requirements of section 54A, a corporate applicant thereof may file an application with the Adjudicating Authority for initiating pre-packaged insolvency resolution process. (2) The application under sub-section (1) shall be filed in such form, containing such particulars, in such manner and accompanied with such fee as may be prescribed. (3) The corporate applicant shall, along with the application, furnish— (a) the declaration, special resolution or resolution, as the case may be, and the approval of financial creditors for initiating pre-packaged insolvency resolution process in terms of section 54A; (b) the name and written consent, in such form as may be specified, of the insolvency professional proposed to be appointed as resolution professional, as approved under clause (e) of sub-section (2) of section 54A, and his report as referred to in clause (a) of sub-section (1) of section 54B; (c) a declaration regarding the existence of any transactions of the corporate debtor that may be within the scope of provisions in respect of avoidance of transactions under Chapter III or fraudulent or wrongful trading under Chapter VI, in such form as may be specified; (d) information relating to books of account of the corporate debtor and such other documents relating to such period as may be specified. (4) The Adjudicating Authority shall, within a period of fourteen days of the receipt of the application, by an order,— (a) admit the application, if it is complete; or (b) reject the application, if it is incomplete: Provided that the Adjudicating Authority shall, before rejecting an application, give notice to the applicant to rectify the defect in the application within seven days from the date of receipt of such notice from the Adjudicating Authority. (5) The pre-packaged insolvency resolution process shall commence from the date of admission of the application under clause (a) of sub-section (4). **54D. Time-limit for completion of pre-packaged insolvency resolution process.—(1) The pre-** packaged insolvency resolution process shall be completed within a period of one hundred and twenty days from the pre-packaged insolvency commencement date. (2) Without prejudice to sub-section (1), the resolution professional shall submit the resolution plan, as approved by the committee of creditors, to the Adjudicating Authority under sub-section (4) or sub-section (12), as the case may be, of section 54K, within a period of ninety days from the prepackaged insolvency commencement date. (3) Where no resolution plan is approved by the committee of creditors within the time period referred to in sub-section (2), the resolution professional shall, on the day after the expiry of such time period, file an application with the Adjudicating Authority for termination of the pre-packaged insolvency resolution process in such form and manner as may be specified. 58 ----- **54E. Declaration of moratorium and public announcement during prepackaged insolvency** **resolution process.—(1) The Adjudicating Authority shall, on the pre-packaged insolvency** commencement date, along with the order of admission under section 54C— (a) declare a moratorium for the purposes referred to in sub-section (1) read with sub-section (3) of section 14, which shall, mutatis mutandis apply, to the proceedings under this Chapter; (b) appoint a resolution professional— (i) as named in the application, if no disciplinary proceeding is pending against him; or (ii) based on the recommendation made by the Board, if any disciplinary proceeding is pending against the insolvency professional named in the application; (c) cause a public announcement of the initiation of the pre-packaged insolvency resolution process to be made by the resolution professional, in such form and manner as may be specified, immediately after his appointment. (2) The order of moratorium shall have effect from the date of such order till the date on which the pre-packaged insolvency resolution process period comes to an end. **54F. Duties and powers of resolution professional during prepackaged insolvency resolution** **process.—(1) The resolution professional shall conduct the pre-packaged insolvency resolution process** of a corporate debtor during the pre-packaged insolvency resolution process period. (2) The resolution professional shall perform the following duties, namely:— (a) confirm the list of claims submitted by the corporate debtor under section 54G, in such manner as may be specified; (b) inform creditors regarding their claims as confirmed under clause (a), in such manner as may be specified; (c) maintain an updated list of claims, in such manner as may be specified; (d) monitor management of the affairs of the corporate debtor; (e) inform the committee of creditors in the event of breach of any of the obligations of the Board of Directors or partners, as the case may be, of the corporate debtor, under the provisions of this Chapter and the rules and regulations made thereunder; (f) constitute the committee of creditors and convene and attend all its meetings; (g) prepare the information memorandum on the basis of the preliminary information memorandum submitted under section 54G and any other relevant information, in such form and manner as may be specified; (h) file applications for avoidance of transactions under Chapter III or fraudulent or wrongful trading under Chapter VI, if any; and (i) such other duties as may be specified. (3) The resolution professional shall exercise the following powers, namely:— (a) access all books of account, records and information available with the corporate debtor; 59 ----- (b) access the electronic records of the corporate debtor from an information utility having financial information of the corporate debtor; (c) access the books of account, records and other relevant documents of the corporate debtor available with Government authorities, statutory auditors, accountants and such other persons as may be specified; (d) attend meetings of members, Board of Directors and committee of directors, or partners, as the case may be, of the corporate debtor; (e) appoint accountants, legal or other professionals in such manner as may be specified; (f) collect all information relating to the assets, finances and operations of the corporate debtor for determining the financial position of the corporate debtor and the existence of any transactions that may be within the scope of provisions relating to avoidance of transactions under Chapter III or fraudulent or wrongful trading under Chapter VI, including information relating to— (i) business operations for the previous two years from the date of pre-packaged insolvency commencement date; (ii) financial and operational payments for the previous two years from the date of pre packaged insolvency commencement date; (iii) list of assets and liabilities as on the initiation date; and (iv) such other matters as may be specified; (g) take such other actions in such manner as may be specified. (4) From the date of appointment of the resolution professional, the financial institutions maintaining accounts of the corporate debtor shall furnish all information relating to the corporate debtor available with them to the resolution professional, as and when required by him. (5) The personnel of the corporate debtor, its promoters and any other person associated with the management of the corporate debtor shall extend all assistance and cooperation to the resolution professional as may be required by him to perform his duties and exercise his powers, and for such purposes, the provisions of sub-sections (2) and (3) of section 19 shall, mutatis mutandis apply, in relation to the proceedings under this Chapter. (6) The fees of the resolution professional and any expenses incurred by him for conducting the pre packaged insolvency resolution process shall be determined in such manner as may be specified: Provided that the committee of creditors may impose limits and conditions on such fees and expenses: Provided further that the fees and expenses for the period prior to the constitution of the committee of creditors shall be subject to ratification by it. (7) The fees and expenses referred to in sub-section (6) shall be borne in such manner as may be specified. **54G. List of claims and preliminary information memorandum.—(1) The corporate debtor shall,** within two days of the pre-packaged insolvency commencement date, submit to the resolution professional the following information, updated as on that date, in such form and manner as may be specified, namely:— 60 ----- (a) a list of claims, along with details of the respective creditors, their security interests and guarantees, if any; and (b) a preliminary information memorandum containing information relevant for formulating a resolution plan. (2) Where any person has sustained any loss or damage as a consequence of the omission of any material information or inclusion of any misleading information in the list of claims or the preliminary information memorandum submitted by the corporate debtor, every person who— (a) is a promoter or director or partner of the corporate debtor, as the case may be, at the time of submission of the list of claims or the preliminary information memorandum by the corporate debtor; or (b) has authorised the submission of the list of claims or the preliminary information memorandum by the corporate debtor, shall, without prejudice to section 77A, be liable to pay compensation to every person who has sustained such loss or damage. (3) No person shall be liable under sub-section (2), if the list of claims or the preliminary information memorandum was submitted by the corporate debtor without his knowledge or consent. (4) Subject to section 54E, any person, who sustained any loss or damage as a consequence of omission of material information or inclusion of any misleading information in the list of claims or the preliminary information memorandum shall be entitled to move a court having jurisdiction for seeking compensation for such loss or damage. **54H. Management of affairs of corporate debtor.—During the pre-packaged insolvency resolution** process period,— (a) the management of the affairs of the corporate debtor shall continue to vest in the Board of Directors or the partners, as the case may be, of the corporate debtor, subject to such conditions as may be specified; (b) the Board of Directors or the partners, as the case may be, of the corporate debtor, shall make every endeavour to protect and preserve the value of the property of the corporate debtor, and manage its operations as a going concern; and (c) the promoters, members, personnel and partners, as the case may be, of the corporate debtor, shall exercise and discharge their contractual or statutory rights and obligations in relation to the corporate debtor, subject to the provisions of this Chapter and such other conditions and restrictions as may be prescribed. **54-I. Committee of creditors.—(1) The resolution professional shall, within seven days of the** pre-packaged insolvency commencement date, constitute a committee of creditors, based on the list of claims confirmed under clause (a) of sub-section (2) of section 54F: Provided that the composition of the committee of creditors shall be altered on the basis of the updated list of claims, in such manner as may be specified, and any such alteration shall not affect the validity of any past decision of the committee of creditors. 61 ----- (2) The first meeting of the committee of creditors shall be held within seven days of the constitution of the committee of creditors. (3) The provisions of section 21, except sub-section (1) thereof, shall, _mutatis mutandis apply, in_ relation to the committee of creditors under this Chapter: Provided that for the purposes of this sub-section, references to “resolution professional” under sub-sections (9) and (10) of section 21, shall be construed as references to “corporate debtor or the resolution professional”. **54J. Vesting management of corporate debtor with resolution professional.—(1) Where the** committee of creditors, at any time during the pre-packaged insolvency resolution process period, by a vote of not less than sixty-six per cent. of the voting shares, resolves to vest the management of the corporate debtor with the resolution professional, the resolution professional shall make an application for this purpose to the Adjudicating Authority, in such form and manner as may be specified. (2) On an application made under sub-section (1), if the Adjudicating Authority is of the opinion that during the pre-packaged insolvency resolution process— (a) the affairs of the corporate debtor have been conducted in a fraudulent manner; or (b) there has been gross mismanagement of the affairs of the corporate debtor, it shall pass an order vesting the management of the corporate debtor with the resolution professional. (3) Notwithstanding anything to the contrary contained in this Chapter, the provisions of— (a) sub-sections (2) and (2A) of section 14; (b) section 17; (c) clauses (e) to (g) of section 18; (d) sections 19 and 20; (e) sub-section (1) of section 25; (f) clauses (a) to (c) and clause (k) of sub-section (2) of section 25; and (g) section 28, shall, _mutatis mutandis apply, to the proceedings under this Chapter, from the date of the order under_ sub-section (2), until the pre-packaged insolvency resolution process period comes to an end. **54K. Consideration and approval of resolution plan.—(1) The corporate debtor shall submit the** base resolution plan, referred to in clause (c) of sub-section (4) of section 54A, to the resolution professional within two days of the pre-packaged insolvency commencement date, and the resolution professional shall present it to the committee of creditors. (2) The committee of creditors may provide the corporate debtor an opportunity to revise the base resolution plan prior to its approval under sub-section (4) or invitation of prospective resolution applicants under sub-section (5), as the case may be. 62 ----- (3) The resolution plans and the base resolution plan, submitted under this section shall conform to the requirements referred to in sub-sections (1) and (2) of section 30, and the provisions of sub-sections (1), (2) and (5) of section 30 shall, mutatis mutandis apply, to the proceedings under this Chapter. (4) The committee of creditors may approve the base resolution plan for submission to the Adjudicating Authority if it does not impair any claims owed by the corporate debtor to the operational creditors. (5) Where— (a) the committee of creditors does not approve the base resolution plan under sub-section (4); or (b) the base resolution plan impairs any claims owed by the corporate debtor to the operational creditors, the resolution professional shall invite prospective resolution applicants to submit a resolution plan or plans, to compete with the base resolution plan, in such manner as may be specified. (6) The resolution applicants submitting resolution plans pursuant to invitation under sub-section (5), shall fulfil such criteria as may be laid down by the resolution professional with the approval of the committee of creditors, having regard to the complexity and scale of operations of the business of the corporate debtor and such other conditions as may be specified. (7) The resolution professional shall provide to the resolution applicants,— (a) the basis for evaluation of resolution plans for the purposes of sub-section (9), as approved by the committee of creditors subject to such conditions as may be specified; and (b) the relevant information referred to in section 29, which shall, mutatis mutandis apply, to the proceedings under this Chapter, in such manner as may be specified. (8) The resolution professional shall present to the committee of creditors, for its evaluation, resolution plans which conform to the requirements referred to in sub-section (2) of section 30. (9) The committee of creditors shall evaluate the resolution plans presented by the resolution professional and select a resolution plan from amongst them. (10) Where, on the basis of such criteria as may be laid down by it, the committee of creditors decides that the resolution plan selected under sub-section (9) is significantly better than the base resolution plan, such resolution plan may be selected for approval under sub-section (12): Provided that the criteria laid down by the committee of creditors under this sub-section shall be subject to such conditions as may be specified. (11) Where the resolution plan selected under sub-section (9) is not considered for approval or does not fulfil the requirements of sub-section (10), it shall compete with the base resolution plan, in such manner and subject to such conditions as may be specified, and one of them shall be selected for approval under sub-section (12). (12) The resolution plan selected for approval under sub-section (10) or sub-section (11), as the case may be, may be approved by the committee of creditors for submission to the Adjudicating Authority: 63 ----- Provided that where the resolution plan selected for approval under sub-section (11) is not approved by the committee of creditors, the resolution professional shall file an application for termination of the pre-packaged insolvency resolution process in such form and manner as may be specified. (13) The approval of the resolution plan under sub-section (4) or sub-section (12), as the case may be, by the committee of creditors, shall be by a vote of not less than sixty-six per cent. of the voting shares, after considering its feasibility and viability, the manner of distribution proposed, taking into account the order of priority amongst creditors as laid down in sub-section (1) of section 53, including the priority and value of the security interest of a secured creditor and such other requirements as may be specified. (14) While considering the feasibility and viability of a resolution plan, where the resolution plan submitted by the corporate debtor provides for impairment of any claims owed by the corporate debtor, the committee of creditors may require the promoters of the corporate debtor to dilute their shareholding or voting or control rights in the corporate debtor: Provided that where the resolution plan does not provide for such dilution, the committee of creditors shall, prior to the approval of such resolution plan under sub-section (4) or sub-section (12), as the case may be, record reasons for its approval. (15) The resolution professional shall submit the resolution plan as approved by the committee of creditors under sub-section (4) or sub-section (12), as the case may be, to the Adjudicating Authority. _Explanation I.—For the removal of doubts, it is hereby clarified that, the corporate debtor being a_ resolution applicant under clause (25) of section 5, may submit the base resolution plan either individually or jointly with any other person. _Explanation II.—For the purposes of sub-sections (4) and (14), claims shall be considered to be impaired_ where the resolution plan does not provide for the full payment of the confirmed claims as per the updated list of claims maintained by the resolution professional. **54L. Approval of resolution plan.—(1) If the Adjudicating Authority is satisfied that the resolution** plan as approved by the committee of creditors under sub-section (4) or sub-section (12), as the case may be of section 54K, subject to the conditions provided therein, meets the requirements as referred to in sub-section (2) of section 30, it shall, within thirty days of the receipt of such resolution plan, by order, approve the resolution plan: Provided that the Adjudicating Authority shall, before passing an order for approval of a resolution plan under this sub-section, satisfy itself that the resolution plan has provisions for its effective implementation. (2) The order of approval under sub-section (1) shall have such effect as provided under sub-sections (1), (3) and (4) of section 31, which shall, mutatis mutandis apply, to the proceedings under this Chapter. (3) Where the Adjudicating Authority is satisfied that the resolution plan does not conform to the requirements referred to in sub-section (1), it may, within thirty days of the receipt of such resolution plan, by an order, reject the resolution plan and pass an order under section 54N. (4) Notwithstanding anything to the contrary contained in this section, where the Adjudicating Authority has passed an order under sub-section (2) of section 54J and the resolution plan approved by the committee of creditors under sub-section (4) or sub-section (12), as the case may be of section 54K, does not result in the change in the management or control of the corporate debtor to a person who was 64 ----- not a promoter or in the management or control of the corporate debtor, the Adjudicating Authority shall pass an order— (a) rejecting such resolution plan; (b) terminating the pre-packaged insolvency resolution process and passing a liquidation order in respect of the corporate debtor as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1) of section 33; and (c) declaring that the pre-packaged insolvency resolution process costs, if any, shall be included as part of the liquidation costs for the purposes of liquidation of the corporate debtor. **54M. Appeal against order under section 54L.—Any appeal against an order approving the** resolution plan under sub-section (1) of section 54L, shall be on the grounds laid down in sub-section (3) of section 61. **54N. Termination of prepackaged insolvency resolution process.—(1) Where the resolution** professional files an application with the Adjudicating Authority,— (a) under the proviso to sub-section (12) of section 54K; or (b) under sub-section (3) of section 54D, the Adjudicating Authority shall, within thirty days of the date of such application, by an order,— (i) terminate the pre-packaged insolvency resolution process; and (ii) provide for the manner of continuation of proceedings initiated for avoidance of transactions under Chapter III or proceedings initiated under section 66 and section 67A, if any. (2) Where the resolution professional, at any time after the pre-packaged insolvency commencement date, but before the approval of resolution plan under sub-section (4) or sub-section (12), as the case may be of section 54K, intimates the Adjudicating Authority of the decision of the committee of creditors, approved by a vote of not less than sixty-six per cent. of the voting shares, to terminate the pre-packaged insolvency resolution process, the Adjudicating Authority shall pass an order under sub-section (1). (3) Where the Adjudicating Authority passes an order under sub-section (1), the corporate debtor shall bear the pre-packaged insolvency resolution process costs, if any. (4) Notwithstanding anything to the contrary contained in this section, where the Adjudicating Authority has passed an order under sub-section (2) of section 54J and the pre-packaged insolvency resolution process is required to be terminated under sub-section (1), the Adjudicating Authority shall pass an order— (a) of liquidation in respect of the corporate debtor as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1) of section 33; and (b) declare that the pre-packaged insolvency resolution process costs, if any, shall be included as part of the liquidation costs for the purposes of liquidation of the corporate debtor. **54-O. Initiation of corporate insolvency resolution process.—(1) The committee of creditors, at** any time after the pre-packaged insolvency commencement date but before the approval of resolution plan under sub-section (4) or sub-section (12), as the case may be of section 54K, by a vote of not less than sixty-six per cent. of the voting shares, may resolve to initiate a corporate insolvency resolution 65 ----- process in respect of the corporate debtor, if such corporate debtor is eligible for corporate insolvency resolution process under Chapter II. (2) Notwithstanding anything to the contrary contained in Chapter II, where the resolution professional intimates the Adjudicating Authority of the decision of the committee of creditors under sub-section (1), the Adjudicating Authority shall, within thirty days of the date of such intimation, pass an order to— (a) terminate the pre-packaged insolvency resolution process and initiate corporate insolvency resolution process under Chapter II in respect of the corporate debtor; (b) appoint the resolution professional referred to in clause (b) of sub-section (1) of section 54E as the interim resolution professional, subject to submission of written consent by such resolution professional to the Adjudicating Authority in such form as may be specified; and (c) declare that the pre-packaged insolvency resolution process costs, if any, shall be included as part of insolvency resolution process costs for the purposes of the corporate insolvency resolution process of the corporate debtor. (3) Where the resolution professional fails to submit written consent under clause (b) of sub-section (2), the Adjudicating Authority shall appoint an interim resolution professional by making a reference to the Board for recommendation, in the manner as provided under section 16. (4) Where the Adjudicating Authority passes an order under sub-section (2)— (a) such order shall be deemed to be an order of admission of an application under section 7 and shall have the same effect; (b) the corporate insolvency resolution process shall commence from the date of such order; (c) the proceedings initiated for avoidance of transactions under Chapter III or proceedings initiated under section 66 and section 67A, if any, shall continue during the corporate insolvency resolution process; (d) for the purposes of sections 43, 46 and 50, references to “insolvency commencement date” shall mean “pre-packaged insolvency commencement date”; and (e) in computing the relevant time or the period for avoidable transactions, the time-period for the duration of the pre-packaged insolvency resolution process shall also be included, notwithstanding anything to the contrary contained in sections 43, 46 and 50. **54P. Application of provisions of Chapters II, III, VI and VII to this Chapter.—(1) Save as** provided under this Chapter, the provisions of sections 24, 25A, 26, 27, 28, 29A, 32A, 43 to 51, and the provisions of Chapters VI and VII of this Part shall, _mutatis mutandis apply, to the pre-packaged_ insolvency resolution process, subject to the following, namely:— (a) reference to “members of the suspended Board of Directors or the partners” under clause (b) of sub-section (3) of section 24 shall be construed as reference to “members of the Board of Directors or the partners, unless an order has been passed by the Adjudicating Authority under section 54J”; (b) reference to “clause (j) of sub-section (2) of section 25” under section 26 shall be construed as reference to “clause (h) of sub-section (2) of section 54F”; 66 ----- (c) reference to “section 16” under section 27 shall be construed as reference to “section 54E”; (d) reference to “resolution professional” in sub-sections (1) and (4) of section 28 shall be construed as “corporate debtor”; (e) reference to “section 31” under sub-section (3) of section 61 shall be construed as reference to “sub-section (1) of section 54L”; (f) reference to “section 14” in sub-sections (1) and (2) of section 74 shall be construed as reference to “clause (a) of sub-section (1) of section 54E”; (g) reference to “section 31” in sub-section (3) of section 74 shall be construed as reference to “sub-section (1) of section 54L”. (2) Without prejudice to the provisions of this Chapter and unless the context otherwise requires, where the provisions of Chapters II, III, VI and VII are applied to the proceedings under this Chapter, references to— (a) “insolvency commencement date” shall be construed as references to “pre-packaged insolvency commencement date”; (b) “resolution professional” or “interim resolution professional”, as the case may be, shall be construed as references to the resolution professional appointed under this Chapter; (c) “corporate insolvency resolution process” shall be construed as references to “pre-packaged insolvency resolution process”; and (d) “insolvency resolution process period” shall be construed as references to “pre-packaged insolvency resolution process period”.] CHAPTER IV FAST TRACK CORPORATE INSOLVENCY RESOLUTION PROCESS **55.** **Fast track corporate insolvency resolution process.—(1) A corporate insolvency resolution** process carried out in accordance with this Chapter shall be called as fast track corporate insolvency resolution process. (2) An application for fast track corporate insolvency resolution process may be made in respect of the following corporate debtors, namely:— (a) a corporate debtor with assets and income below a level as may be notified by the Central Government; or (b) a corporate debtor with such class of creditors or such amount of debt as may be notified by the Central Government; or (c) such other category of corporate persons as may be notified by the Central Government. **56. Time period for completion of** **fast track corporate insolvency resolution process.—(1)** Subject to the provisions of sub-section (3), the fast track corporate insolvency resolution process shall be completed within a period of ninety days from the insolvency commencement date. (2) The resolution professional shall file an application to the Adjudicating Authority to extend the period of the fast track corporate insolvency resolution process beyond ninety days if instructed to do so by a resolution passed at a meeting of the committee of creditors and supported by a vote of seventy five per cent. of the voting share. 67 ----- (3) On receipt of an application under sub-section (2), if the Adjudicating Authority is satisfied that the subject matter of the case is such that fast track corporate insolvency resolution process cannot be completed within a period of ninety days, it may, by order, extend the duration of such process beyond the said period of ninety days by such further period, as it thinks fit, but not exceeding forty-five days: Provided that any extension of the fast track corporate insolvency resolution process under this section shall not be granted more than once. **57. Manner of initiating fast track corporate insolvency resolution process.—An application for** fast track corporate insolvency resolution process may be filed by a creditor or corporate debtor as the case may be, along with— (a) the proof of the existence of default as evidenced by records available with an information utility or such other means as may be specified by the Board; and (b) such other information as may be specified by the Board to establish that the corporate debtor is eligible for fast track corporate insolvency resolution process. **58.** **Applicability of Chapter II to this Chapter.—The process for conducting a corporate** insolvency resolution process under Chapter II and the provisions relating to offences and penalties under Chapter VII shall apply to this Chapter as the context may require. CHAPTER V VOLUNTARY LIQUIDATION OF CORPORATE PERSONS **59. Voluntary liquidation of corporate persons.—(1) A corporate person who intends to liquidate** itself voluntarily and has not committed any default may initiate voluntary liquidation proceedings under the provisions of this Chapter. (2) The voluntary liquidation of a corporate person under sub-section (1) shall meet such conditions and procedural requirements as may be specified by the Board. (3) Without prejudice to sub-section (2), voluntary liquidation proceedings of a corporate person registered as a company shall meet the following conditions, namely:— (a) a declaration from majority of the directors of the company verified by an affidavit stating that— (i) they have made a full inquiry into the affairs of the company and they have formed an opinion that either the company has no debt or that it will be able to pay its debts in full from the proceeds of assets to be sold in the voluntary liquidation; and (ii) the company is not being liquidated to defraud any person; (b) the declaration under sub-clause (a) shall be accompanied with the following documents, namely:— (i) audited financial statements and record of business operations of the company for the previous two years or for the period since its incorporation, whichever is later; (ii) a report of the valuation of the assets of the company, if any prepared by a registered valuer; (c) within four weeks of a declaration under sub-clause (a), there shall be— (i) a special resolution of the members of the company in a general meeting requiring the company to be liquidated voluntarily and appointing an insolvency professional to act as the liquidator; or 68 ----- (ii) a resolution of the members of the company in a general meeting requiring the company to be liquidated voluntarily as a result of expiry of the period of its duration, if any, fixed by its articles or on the occurrence of any event in respect of which the articles provide that the company shall be dissolved, as the case may be and appointing an insolvency professional to act as the liquidator: Provided that the company owes any debt to any person, creditors representing two-thirds in value of the debt of the company shall approve the resolution passed under sub-clause (c) within seven days of such resolution. (4) The company shall notify the Registrar of Companies and the Board about the resolution under sub-section (3) to liquidate the company within seven days of such resolution or the subsequent approval by the creditors, as the case may be. (5) Subject to approval of the creditors under sub-section (3), the voluntary liquidation proceedings in respect of a company shall be deemed to have commenced from the date of passing of the resolution under sub-clause (c) of sub-section (3). (6) The provisions of sections 35 to 53 of Chapter III and Chapter VII shall apply to voluntary liquidation proceedings for corporate persons with such modifications as may be necessary. (7) Where the affairs of the corporate person have been completely wound up, and its assets completely liquidated, the liquidator shall make an application to the Adjudicating Authority for the dissolution of such corporate person. (8) The Adjudicating Authority shall on an application filed by the liquidator under sub-section (7), pass an order that the corporate debtor shall be dissolved from the date of that order and the corporate debtor shall be dissolved accordingly. (9) A copy of an order under sub-section (8) shall within fourteen days from the date of such order, be forwarded to the authority with which the corporate person is registered. CHAPTER VI ADJUDICATING AUTHORITY FOR CORPORATE PERSONS **60. Adjudicating authority for corporate persons.—(1) The Adjudicating Authority, in relation to** insolvency resolution and liquidation for corporate persons including corporate debtors and personal guarantors thereof shall be the National Company Law Tribunal having territorial jurisdiction over the place where the registered office of the corporate person is located. (2) Without prejudice to sub-section (1) and notwithstanding anything to the contrary contained in this Code, where a corporate insolvency resolution process or liquidation proceeding of a corporate debtor is pending before a National Company Law Tribunal, an application relating to the insolvency resolution or [1][liquidation or bankruptcy of a corporate guarantor or personal guarantor, as the case may be, of such corporate debtor] shall be filed before such National Company Law Tribunal. (3) An insolvency resolution process or [1][liquidation or bankruptcy proceeding of a corporate guarantor or personal guarantor, as the case may be, of the corporate debtor] pending in any court or tribunal shall stand transferred to the Adjudicating Authority dealing with insolvency resolution process or liquidation proceeding of such corporate debtor. (4) The National Company Law Tribunal shall be vested with all the powers of the Debt Recovery Tribunal as contemplated under Part III of this Code for the purpose of sub-section (2). 1. Subs. by Act 26 of 2018, s. 29, for “bankruptcy of a personal guarantor of such corporate debtor” (w.e.f. 6-6-2018). 69 ----- (5) Notwithstanding anything to the contrary contained in any other law for the time being in force, the National Company Law Tribunal shall have jurisdiction to entertain or dispose of— (a) any application or proceeding by or against the corporate debtor or corporate person; (b) any claim made by or against the corporate debtor or corporate person, including claims by or against any of its subsidiaries situated in India; and (c) any question of priorities or any question of law or facts, arising out of or in relation to the insolvency resolution or liquidation proceedings of the corporate debtor or corporate person under this Code. (6) Notwithstanding anything contained in the Limitation Act, 1963 (36 of 1963) or in any other law for the time being in force, in computing the period of limitation specified for any suit or application by or against a corporate debtor for which an order of moratorium has been made under this Part, the period during which such moratorium is in place shall be excluded. **61. Appeals and Appellate Authority.—(1) Notwithstanding anything to the contrary contained** under the Companies Act 2013 (18 of 2013), any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. (2) Every appeal under sub-section (1) shall be filed within thirty days before the National Company Law Appellate Tribunal: Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days. (3) An appeal against an order approving a resolution plan under section 31 may be filed on the following grounds, namely:— (i) the approved resolution plan is in contravention of the provisions of any law for the time being in force; (ii) there has been material irregularity in exercise of the powers by the resolution professional during the corporate insolvency resolution period; (iii) the debts owed to operational creditors of the corporate debtor have not been provided for in the resolution plan in the manner specified by the Board; (iv) the insolvency resolution process costs have not been provided for repayment in priority to all other debts; or (v) the resolution plan does not comply with any other criteria specified by the Board. 1[(4) An appeal against a liquidation order passed under section 33, or sub-section (4) of section 54L, or sub-section (4) of section 54N, may be filed on grounds of material irregularity or fraud committed in relation to such a liquidation order. (5) An appeal against an order for initiation of corporate insolvency resolution process passed under sub-section (2) of section 54-O, may be filed on grounds of material irregularity or fraud committed in relation to such an order.] 1. Subs. by Act 26 of 2021, s. 9, for sub-section (4) (w.e.f. 4-4-2021). 70 ----- **62. Appeal to Supreme Court.—(1) Any person aggrieved by an order of the National Company** Law Appellate Tribunal may file an appeal to the Supreme Court on a question of law arising out of such order under this Code within forty-five days from the date of receipt of such order. (2) The Supreme Court may, if it is satisfied that a person was prevented by sufficient cause from filing an appeal within forty-five days, allow the appeal to be filed within a further period not exceeding fifteen days. **63. Civil court not to have jurisdiction.—No civil court or authority shall have jurisdiction to** entertain any suit or proceedings in respect of any matter on which National Company Law Tribunal or the National Company Law Appellate Tribunal has jurisdiction under this Code. **64. Expeditious disposal of applications.—(1) Where an application is not disposed of or an order is** not passed within the period specified in this Code, the National Company Law Tribunal or the National Company Law Appellate Tribunal, as the case may be, shall record the reasons for not doing so within the period so specified; and the President of the National Company Law Tribunal or the Chairperson of the National Company Law Appellate Tribunal, as the case may be, may, after taking into account the reasons so recorded, extend the period specified in the Act but not exceeding ten days. (2) No injunction shall be granted by any court, tribunal or authority in respect of any action taken, or to be taken, in pursuance of any power conferred on the National Company Law Tribunal or the National Company Law Appellate Tribunal under this Code. **65. Fraudulent or malicious initiation of proceedings.—(1) If, any person initiates the insolvency** resolution process or liquidation proceedings fraudulently or with malicious intent for any purpose other than for the resolution of insolvency, or liquidation, as the case may be, the Adjudicating Authority may impose upon such person a penalty which shall not be less than one lakh rupees, but may extend to one crore rupees. (2) If, any person initiates voluntary liquidation proceedings with the intent to defraud any person, the Adjudicating Authority may impose upon such person a penalty which shall not be less than one lakh rupees but may extend to one crore rupees. 1[(3) If any person initiates the pre-packaged insolvency resolution process— (a) fraudulently or with malicious intent for any purpose other than for the resolution of insolvency; or (b) with the intent to defraud any person, the Adjudicating Authority may impose upon such person a penalty which shall not be less than one lakh rupees, but may extend to one crore rupees.] **66. Fraudulent trading or wrongful trading.—(1) If during the corporate insolvency resolution** process or a liquidation process, it is found that any business of the corporate debtor has been carried on with intent to defraud creditors of the corporate debtor or for any fraudulent purpose, the Adjudicating Authority may on the application of the resolution professional pass an order that any persons who were knowingly parties to the carrying on of the business in such manner shall be liable to make such contributions to the assets of the corporate debtor as it may deem fit. (2) On an application made by a resolution professional during the corporate insolvency resolution process, the Adjudicating Authority may by an order direct that a director or partner of the corporate 1. Ins. by Act 26 of 2021, s. 10 (w.e.f. 4-4-2021). 71 ----- debtor, as the case may be, shall be liable to make such contribution to the assets of the corporate debtor as it may deem fit, if— (a) before the insolvency commencement date, such director or partner knew or ought to have known that there was no reasonable prospect of avoiding the commencement of a corporate insolvency resolution process in respect of such corporate debtor; and (b) such director or partner did not exercise due diligence in minimising the potential loss to the creditors of the corporate debtor. _Explanation.—For the purposes of this section a director or partner of the corporate debtor, as the_ case may be, shall be deemed to have exercised due diligence if such diligence was reasonably expected of a person carrying out the same functions as are carried out by such director or partner, as the case may be, in relation to the corporate debtor. 1[(3) Notwithstanding anything contained in this section, no application shall be filed by a resolution professional under sub-section (2), in respect of such default against which initiation of corporate insolvency resolution process is suspended as per section 10A.] **67. Proceedings under section 66.—(1) Where the Adjudicating Authority has passed an order under** sub-section (1) or sub-section (2) of section 66, as the case may be, it may give such further directions as it may deem appropriate for giving effect to the order, and in particular, the Adjudicating Authority may— (a) provide for the liability of any person under the order to be a charge on any debt or obligation due from the corporate debtor to him, or on any mortgage or charge or any interest in a mortgage or charge on assets of the corporate debtor held by or vested in him, or any person on his behalf, or any person claiming as assignee from or through the person liable or any person acting on his behalf; and (b) from time to time, make such further directions as may be necessary for enforcing any charge imposed under this section. _Explanation.—For the purposes of this section, “assignee” includes a person to whom or in whose_ favour, by the directions of the person held liable under clause (a) the debt, obligation, mortgage or charge was created, issued or transferred or the interest created, but does not include an assignee for valuable consideration given in good faith and without notice of any of the grounds on which the directions have been made. (2) Where the Adjudicating Authority has passed an order under sub-section (1) or sub-section (2) of section 66, as the case may be, in relation to a person who is a creditor of the corporate debtor, it may, by an order, direct that the whole or any part of any debt owed by the corporate debtor to that person and any interest thereon shall rank in the order of priority of payment under section 53 after all other debts owed by the corporate debtor. **2[67A. Fraudulent management of corporate debtor during pre-packaged insolvency resolution** **process.—On and after the pre-packaged insolvency commencement date, where an officer of the** corporate debtor manages its affairs with the intent to defraud creditors of the corporate debtor or for any fraudulent purpose, the Adjudicating Authority may, on an application by the resolution professional, pass an order imposing upon any such officer, a penalty which shall not be less than one lakh rupees, but may extend to one crore rupees.] 1. Ins. by Act 17 of 2020, s. 3 (w.e.f. 5-6-2020). 2. Ins. by Act 26 of 2021, s. 11 (w.e.f. 4-4-2021). 72 ----- CHAPTER VII OFFENCES AND PENALTIES **68.** **Punishment for concealment of property.—Where any officer of the corporate debtor has,—** (i) within the twelve months immediately preceding the insolvency commencement date,— (a) wilfully concealed any property or part of such property of the corporate debtor or concealed any debt due to, or from, the corporate debtor, of the value of ten thousand rupees or more; or (b) fraudulently removed any part of the property of the corporate debtor of the value of ten thousand rupees or more; or (c) wilfully concealed, destroyed, mutilated or falsified any book or paper affecting or relating to the property of the corporate debtor or its affairs, or (d) wilfully made any false entry in any book or paper affecting or relating to the property of the corporate debtor or its affairs; or (e) fraudulently parted with, altered or made any omission in any document affecting or relating to the property of the corporate debtor or its affairs; or (f) wilfully created any security interest over, transferred or disposed of any property of the corporate debtor which has been obtained on credit and has not been paid for unless such creation, transfer or disposal was in the ordinary course of the business of the corporate debtor; or (g) wilfully concealed the knowledge of the doing by others of any of the acts mentioned in clauses (c), (d) or clause (e); or (ii) at any time after the insolvency commencement date, committed any of the acts mentioned in sub-clause (a) to (f) of clause (i) or has the knowledge of the doing by others of any of the things mentioned in sub-clauses (c) to (e) of clause (i); or (iii) at any time after the insolvency commencement date, taken in pawn or pledge, or otherwise received the property knowing it to be so secured, transferred or disposed, such officer shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years, or with fine, which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both: Provided that nothing in this section shall render a person liable to any punishment under this section if he proves that he had no intent to defraud or to conceal the state of affairs of the corporate debtor. **69. Punishment for transactions defrauding creditors.—[1][If] an officer of the corporate debtor or** the corporate debtor— (a) has made or caused to be made any gift or transfer of, or charge on, or has caused or connived in the execution of a decree or order against, the property of the corporate debtor; (b) has concealed or removed any part of the property of the corporate debtor within two months before the date of any unsatisfied judgment, decree or order for payment of money obtained against the corporate debtor, such officer of the corporate debtor or the corporate debtor, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one year, but which may extend to five years, or with fine, which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both: 1. Subs. by Act 26 of 2018, s. 30, for “On or after the insolvency commencement date, if” (w.e.f. 6-6-2018). 73 ----- Provided that a person shall not be punishable under this section if the acts mentioned in clause (a) were committed more than five years before the insolvency commencement date; or if he proves that, at the time of commission of those acts, he had no intent to defraud the creditors of the corporate debtor. **70. Punishment for misconduct in course of corporate insolvency resolution process.—(1) On or** after the insolvency commencement date, where an officer of the corporate debtor— (a) does not disclose to the resolution professional all the details of property of the corporate debtor, and details of transactions thereof, or any such other information as the resolution professional may require; or (b) does not deliver to the resolution professional all or part of the property of the corporate debtor in his control or custody and which he is required to deliver; or (c) does not deliver to the resolution professional all books and papers in his control or custody belonging to the corporate debtor and which he is required to deliver; or (d) fails to inform there solution professional the information in his knowledge that a debt has been falsely proved by any person during the corporate insolvency resolution process; or (e) prevents the production of any book or paper affecting or relating to the property or affairs of the corporate debtor; or (f) accounts for any part of the property of the corporate debtor by fictitious losses or expenses, or if he has so attempted at any meeting of the creditors of the corporate debtor within the twelve months immediately preceding the insolvency commencement date, he shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to five years, or with fine, which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both: Provided that nothing in this section shall render a person liable to any punishment under this section if he proves that he had no intent to do so in relation to the state of affairs of the corporate debtor. (2) If an insolvency professional deliberately contravenes the provisions of this Part he shall be punishable with imprisonment for a term which may extend to six months, or with fine which shall not be less than one lakh rupees, but may extend to five lakhs rupees, or with both. **71. Punishment for falsification of books of corporate debtor.—On and after the insolvency** commencement date, where any person destroys, mutilates, alters or falsifies any books, papers or securities, or makes or is in the knowledge of making of any false or fraudulent entry in any register, books of account or document belonging to the corporate debtor with intent to defraud or deceive any person, he shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to five years, or with fine which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both. **72. Punishment for wilful and material omissions from statements relating to affairs of** **corporate debtor.—Where an officer of the corporate debtor makes any material and wilful omission in** any statement relating to the affairs of the corporate debtor, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years, or with fine which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both. **73. Punishment for false representations to creditors.—Where any officer of the corporate** debtor— (a) on or after the insolvency commencement date, makes a false representation or commits any fraud for the purpose of obtaining the consent of the creditors of the corporate debtor or any of them 74 ----- to an agreement with reference to the affairs of the corporate debtor, during the corporate insolvency resolution process, or the liquidation process; (b) prior to the insolvency commencement date, has made any false representation, or committed any fraud, for that purpose, he shall be punishable with imprisonment for a term which shall not be less than three years, but may extend to five years or with fine which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both. **74. Punishment for contravention of moratorium or the resolution plan.—(1) Where the** corporate debtor or any of its officer violates the provisions of section 14, any such officer who knowingly or wilfully committed or authorised or permitted such contravention shall be punishable with imprisonment for a term which shall not be less than three years, but may extend to five years or with fine which shall not be less than one lakh rupees, but may extend to three lakh rupees, or with both. (2) Where any creditor violates the provisions of section 14, any person who knowingly and wilfully authorised or permitted such contravention by a creditor shall be punishable with imprisonment for a term which shall not be less than one year, but may extend to five years, or with fine which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both. (3) Where the corporate debtor, any of its officers or creditors or any person on whom the approved resolution plan is binding under section 31, knowingly and wilfully contravenes any of the terms of such resolution plan or abets such contravention, such corporate debtor, officer, creditor or person shall be punishable with imprisonment of not less than one year, but may extend to five years, or with fine which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both. **75. Punishment for false information furnished in application.—Where any person furnishes** information in the application made under section 7, which is false in material particulars, knowing it to be false or omits any material fact, knowing it to be material, such person shall be punishable with fine which shall not be less than one lakh rupees, but may extend to one crore rupees. **76. Punishment for non-disclosure of dispute or** **[1][payment] of debt by operational creditor.—** Where— (a) an operational creditor has wilfully or knowingly concealed in an application under section 9 the fact that the corporate debtor had notified him of a dispute in respect of the unpaid operational debt or the full and final [1][payment] of the unpaid operational debt; or (b) any person who knowingly and wilfully authorised or permitted such concealment under clause (a), such operational creditor or person, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one year but may extend to five years or with fine which shall not be less than one lakh rupees but may extend to one crore rupees, or with both. **77. Punishment for providing false information in application made by corporate debtor.—** Where— (a) a corporate debtor provides information in the application under section 10 which is false in material particulars, knowing it to be false and omits any material fact, knowing it to be material; or (b) any person who knowingly and wilfully authorised or permitted the furnishing of such information under sub-clause (a), 1. Subs. by Act 26 of 2018, s. 31, for “repayment” (w.e.f. 6-6-2018). 75 ----- such corporate debtor or person, as the case may be, shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to five years or with fine which shall not be less than one lakh rupees, but which may extend to one crore rupees, or with both. 1* - - - **2[77A. Punishment for offences related to prepackaged insolvency resolution process.—(1)** Where— (a) a corporate debtor provides any information in the application under section 54C which is false in material particulars, knowing it to be false or omits any material fact, knowing it to be material; or (b) a corporate debtor provides any information in the list of claims or the preliminary information memorandum submitted under sub-section (1) of section 54G which is false in material particulars, knowing it to be false or omits any material fact, knowing it to be material; or (c) any person who knowingly and wilfully authorised or permitted the furnishing of such information under sub-clauses (a) and (b), such corporate debtor or person, as the case may be, shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to five years or with fine which shall not be less than one lakh rupees, but which may extend to one crore rupees, or with both. (2) If a director or partner of the corporate debtor, as the case may be, deliberately contravenes the provisions of Chapter III-A, such person shall be punishable with imprisonment for not less than three years, but which may extend to five years, or with fine which shall not be less than one lakh rupees, but which may extend to one crore rupees, or with both. _Explanation.—For the purposes of this section and sections 75, 76 and 77, an application shall be_ deemed to be false in material particulars in case the facts mentioned or omitted in the application, if true, or not omitted from the application, as the case may be, would have been sufficient to determine the existence of a default under this Code.] PART III INSOLVENCY RESOLUTION AND BANKRUPTCY FOR INDIVIDUALS AND PARTNERSHIP FIRMS CHAPTER I PRELIMINARY **78. Application.—This Part shall apply to matters relating to fresh start, insolvency and bankruptcy** of individuals and partnership firms where the amount of the default is not less than one thousand rupees: Provided that the Central Government may, by notification, specify the minimum amount of default of higher value which shall not be more than one lakh rupees. **79. Definitions.—In this Part, unless the context otherwise requires,—** (1) “Adjudicating Authority” means the Debt Recovery Tribunal constituted under sub-section (1) of section 3 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993); 1. The Explanation omitted by Act 26 of 2021, s. 12 (w.e.f. 4-4-2021). 2. Ins. by s. 13, ibid., (w.e.f. 4-4-2021). 76 ----- (2) “associate” of the debtor means— (a) a person who belongs to the immediate family of the debtor; (b) a person who is a relative of the debtor or a relative of the spouse of the debtor; (c) a person who is in partnership with the debtor; (d) a person who is a spouse or a relative of any person with whom the debtor is in partnership; (e) a person who is employer of the debtor or employee of the debtor; (f) a person who is a trustee of a trust in which the beneficiaries of the trust include a debtor, or the terms of the trust confer a power on the trustee which may be exercised for the benefit of the debtor; and (g) a company, where the debtor or the debtor along with his associates, own more than fifty per cent. of the share capital of the company or control the appointment of the board of directors of the company. _Explanation.—For the purposes of this clause, “relative”, with reference to any person, means_ anyone who is related to another, if— (i) they are members of a Hindu Undivided Family; (ii) one person is related to the other in such manner as may be prescribed; (3) “bankrupt” means— (a) a debtor who has been adjudged as bankrupt by a bankruptcy order under section 126; (b) each of the partners of a firm, where a bankruptcy order under section 126 has been made against a firm; or (c) any person adjudged as an undischarged insolvent; (4) “bankruptcy” means the state of being bankrupt; (5) “bankruptcy debt”, in relation to a bankrupt, means— (a) any debt owed by him as on the bankruptcy commencement date; (b) any debt for which he may become liable after bankruptcy commencement date but before his discharge by reason of any transaction entered into before the bankruptcy commencement date; and (c) any interest which is a part of the debt under section 171; (6) “bankruptcy commencement date” means the date on which a bankruptcy order is passed by the Adjudicating Authority under section 126; (7) “bankruptcy order” means an order passed by an Adjudicating Authority under section 126; (8) “bankruptcy process” means a process against a debtor under Chapters IV and V of this Part; (9) “bankruptcy trustee” means the insolvency professional appointed as a trustee for the estate of the bankrupt under section 125; (10) “Chapter” means a chapter under this Part; (11) “committee of creditors” means a committee constituted under section 134; (12) “debtor” includes a judgment-debtor; 77 ----- (13) “discharge order” means an order passed by the Adjudicating Authority discharging the debtor under sections 92, 119 and section 138, as the case may be; (14) “excluded assets” for the purposes of this part includes— (a) unencumbered tools, books, vehicles and other equipment as are necessary to the debtor or bankrupt for his personal use or for the purpose of his employment, business or vocation, (b) unencumbered furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the bankrupt and his immediate family; (c) any unencumbered personal ornaments of such value, as may be prescribed, of the debtor or his immediate family which cannot be parted with, in accordance with religious usage; (d) any unencumbered life insurance policy or pension plan taken in the name of debtor or his immediate family; and (e) an unencumbered single dwelling unit owned by the debtor of such value as may be prescribed; (15) “excluded debt” means— (a) liability to pay fine imposed by a court or tribunal; (b) liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other legal obligation; (c) liability to pay maintenance to any person under any law for the time being in force; (d) liability in relation to a student loan; and (e) any other debt as may be prescribed; (16) “firm” means a body of individuals carrying on business in partnership whether or not registered under section 59 of the Indian Partnership Act, 1932 (9 of 1932); (17) “immediate family” of the debtor means his spouse, dependent children and dependent parents; (18) “partnership debt” means a debt for which all the partners in a firm are jointly liable; (19) “qualifying debt” means amount due, which includes interest or any other sum due in respect of the amounts owed under any contract, by the debtor for a liquidated sum either immediately or at certain future time and does not include— (a) an excluded debt; (b) a debt to the extent it is secured; and (c) any debt which has been incurred three months prior to the date of the application for fresh start process; (20) “repayment plan” means a plan prepared by the debtor in consultation with the resolution professional under section 105 containing a proposal to the committee of creditors for restructuring of his debts or affairs; (21) “resolution professional” means an insolvency professional appointed under this part as a resolution professional for conducting the fresh start process or insolvency resolution process; (22) “undischarged bankrupt” means a bankrupt who has not received a discharge order under section 138. 78 ----- CHAPTER II FRESH START PROCESS **80. Eligibility for making an application.—(1) A debtor, who is unable to pay his debt and fulfils** the conditions specified in sub-section (2), shall be entitled to make an application for a fresh start for discharge of his qualifying debt under this Chapter. (2) A debtor may apply, either personally or through a resolution professional, for a fresh start under this Chapter in respect of his qualifying debts to the Adjudicating Authority if — (a) the gross annual income of the debtor does not exceed sixty thousand rupees; (b) the aggregate value of the assets of the debtor does not exceed twenty thousand rupees; (c) the aggregate value of the qualifying debts does not exceed thirty-five thousand rupees; (d) he is not an undischarged bankrupt; (e) he does not own a dwelling unit, irrespective of whether it is encumbered or not; (f) a fresh start process, insolvency resolution process or bankruptcy process is not subsisting against him; and (g) no previous fresh start order under this Chapter has been made in relation to him in the preceding twelve months of the date of the application for fresh start. **81. Application for fresh start order.—(1) When an application is filed under section 80 by a** debtor, an interim-moratorium shall commence on the date of filing of said application in relation to all the debts and shall cease to have effect on the date of admission or rejection of such application, as the case may be. (2) During the interim-moratorium period,— (i) any legal action or legal proceeding pending in respect of any of his debts shall be deemed to have been stayed; and (ii) no creditor shall initiate any legal action or proceedings in respect of such debt. (3) The application under section 80 shall be in such form and manner and accompanied by such fee, as may be prescribed. (4) The application under sub-section (3) shall contain the following information supported by an affidavit, namely:— (a) a list of all debts owed by the debtor as on the date of the said application along with details relating to the amount of each debt, interest payable thereon and the names of the creditors to whom each debt is owed; (b) the interest payable on the debts and the rate thereof stipulated in the contract; (c) a list of security held in respect of any of the debts; (d) the financial information of the debtor and his immediate family up to two years prior to the date of the application; (e) the particulars of the debtor’s personal details, as may be prescribed; (f) the reasons for making the application; (g) the particulars of any legal proceedings which, to the debtor’s knowledge has been commenced against him; 79 ----- (h) the confirmation that no previous fresh start order under this Chapter has been made in respect of the qualifying debts of the debtor in the preceding twelve months of the date of the application. **82. Appointment of resolution professional.—(1) Where an application under section 80 is filed by** the debtor through a resolution professional, the Adjudicating Authority shall direct the Board within seven days of the date of receipt of the application and shall seek confirmation from the Board that there are no disciplinary proceedings against the resolution professional who has submitted such application. (2) The Board shall communicate to the Adjudicating Authority in writing either— (a) confirmation of the appointment of the resolution professional who filed an application under sub-section (1); or (b) rejection of the appointment of the resolution professional who filed an application under sub-section (1) and nominate a resolution professional suitable for the fresh start process. (3) Where an application under section 80 is filed by the debtor himself and not through the resolution professional, the Adjudicating Authority shall direct the Board within seven days of the date of the receipt of an application to nominate a resolution professional for the fresh start process. (4) The Board shall nominate a resolution professional within ten days of receiving the direction issued by the Adjudicating Authority under sub-section (3). (5) The Adjudicating Authority shall by order appoint the resolution professional recommended or nominated by the Board under sub-section (2) or sub-section (4), as the case may be. (6) A resolution professional appointed by the Adjudicating Authority under sub-section (5) shall be provided a copy of the application for fresh start. **83. Examination of application by resolution professional.—(1) The resolution professional shall** examine the application made under section 80 within ten days of his appointment, and submit a report to the Adjudicating Authority, either recommending acceptance or rejection of the application. (2) The report referred to in sub-section (1) shall contain the details of the amounts mentioned in the application which in the opinion of the resolution professional are— (a) qualifying debts; and (b) liabilities eligible for discharge under sub-section (3) of section 92. (3) The resolution professional may call for such further information or explanation in connection with the application as may be required from the debtor or any other person who, in the opinion of the resolution professional, may provide such information. (4) The debtor or any other person, as the case may be, shall furnish such information or explanation within seven days of receipt of the request under sub-section (3). (5) The resolution professional shall presume that the debtor is unable to pay his debts at the date of the application if— (a) in his opinion the information supplied in the application indicates that the debtor is unable to pay his debts and he has no reason to believe that the information supplied is incorrect or incomplete; and (b) he has reason to believe that there is no change in the financial circumstances of the debtor since the date of the application enabling the debtor to pay his debts. (6) The resolution professional shall reject the application, if in his opinion— 80 ----- (a) the debtor does not satisfy the conditions specified under section 80; or (b) the debts disclosed in the application by the debtor are not qualifying debts; or (c) the debtor has deliberately made a false representation or omission in the application or with respect to the documents or information submitted. (7) The resolution professional shall record the reasons for recommending the acceptance or rejection of the application in the report to the Adjudicating Authority under sub-section (1) and shall give a copy of the report to the debtor. **84. Admission or rejection of application by Adjudicating Authority.—(1) The Adjudicating** Authority may within fourteen days from the date of submission of the report by the resolution professional, pass an order either admitting or rejecting the application made under sub-section (1) of section 81. (2) The order passed under sub-section (1) accepting the application shall state the amount which has been accepted as qualifying debts by the resolution professional and other amounts eligible for discharge under section 92 for the purposes of the fresh start order. (3) A copy of the order passed by the Adjudicating Authority under sub-section (1) along with a copy of the application shall be provided to the creditors mentioned in the application within seven days of the passing of the order. **85. Effect of admission of application.—(1) On the date of admission of the application, the** moratorium period shall commence in respect of all the debts. (2) During the moratorium period— (a) any pending legal action or legal proceeding in respect of any debt shall be deemed to have been stayed; and (b) subject to the provisions of section 86, the creditors shall not initiate any legal action or proceedings in respect of any debt. (3) During the moratorium period, the debtor shall— (a) not act as a director of any company, or directly or indirectly take part in or be concerned in the promotion, formation or management of a company; (b) not dispose of or alienate any of his assets; (c) inform his business partners that he is undergoing a fresh start process; (d) be required to inform prior to entering into any financial or commercial transaction of such value as may be notified by the Central Government, either individually or jointly, that he is undergoing a fresh start process; (e) disclose the name under which he enters into business transactions, if it is different from the name in the application admitted under section 84; (f) not travel outside India except with the permission of the Adjudicating Authority. (4) The moratorium ceases to have effect at the end of the period of one hundred and eighty days beginning with the date of admission unless the order admitting the application is revoked under sub-section (2) of section 91. 81 ----- **86. Objections by creditor and their examination by resolution professional.—(1) Any creditor** mentioned in the order of the Adjudicating Authority under section 84 to whom a qualifying debt is owed may, within a period of ten days from the date of receipt of the order under section 84, object only on the following grounds, namely:— (a) inclusion of a debt as a qualifying debt; or (b) incorrectness of the details of the qualifying debt specified in the order under section 84. (2) A creditor may file an objection under sub-section (1) by way of an application to the resolution professional. (3) The application under sub-section (2) shall be supported by such information and documents as may be prescribed. (4) The resolution professional shall consider every objection made under this section. (5) The resolution professional shall examine the objections under sub-section (2) and either accept or reject the objections, within ten days of the date of the application. (6) The resolution professional may examine any matter that appears to him to be relevant to the making of a final list of qualifying debts for the purposes of section 92. (7) On the basis of the examination under sub-section (5) or sub-section (6), the resolution professional shall— (a) prepare an amended list of qualifying debts for the purpose of the discharge order; (b) make an application to the Adjudicating Authority for directions under section 90; or (c) take such other steps as he considers necessary in relation to the debtor. **87. Application against decision of resolution professional.—(1) The debtor or the creditor who is** aggrieved by the action taken by the resolution professional under section 86 may, within ten days of such decision, make an application to the Adjudicating Authority challenging such action on any of the following grounds, namely:— (a) that the resolution professional has not given an opportunity to the debtor or the creditor to make a representation; or (b) that the resolution professional colluded with the other party in arriving at the decision; or (c) that the resolution professional has not complied with the requirements of section 86. (2) The Adjudicating Authority shall decide the application referred to in sub-section (1) within fourteen days of such application, and make an order as it deems fit. (3) Where the application under sub-section (1) has been allowed by the Adjudicating Authority, it shall forward its order to the Board and the Board may take such action as may be required under Chapter VI of Part IV against the resolution professional. **88. General duties of debtor.—The debtor shall—** (a) make available to the resolution professional all information relating to his affairs, attend meetings and comply with the requests of the resolution professional in relation to the fresh start process. (b) inform the resolution professional as soon as reasonably possible of— (i) any material error or omission in relation to the information or document supplied to the resolution professional; or 82 ----- (ii) any change in financial circumstances after the date of application, where such change has an impact on the fresh start process. **89. Replacement of resolution professional.—(1) Where the debtor or the creditor is of the opinion** that the resolution professional appointed under section 82 is required to be replaced, he may apply to the Adjudicating Authority for the replacement of such resolution professional. (2) The Adjudicating Authority shall within seven days of the receipt of the application under sub-section (1) make a reference to the Board for replacement of the resolution professional. (3) The Board shall, within ten days of the receipt of a reference from the Adjudicating Authority under sub-section (2), recommend the name of an insolvency professional to the Adjudicating Authority against whom no disciplinary proceedings are pending. (4) The Adjudicating Authority shall appoint another resolution professional for the purposes of the fresh start process on the basis of the recommendation by the Board. (5) The Adjudicating Authority may give directions to the resolution professional replaced under sub-section (4)— (a) to share all information with the new resolution professional in respect of the fresh start process; and (b) to co-operate with the new resolution professional as may be required. **90. Directions for compliances of restrictions, etc.—(1) The resolution professional may apply to** the Adjudicating Authority for any of the following directions, namely:— (a) compliance of any restrictions referred to in sub-section (3) of section 85, in case of non-compliance by the debtor; or (b) compliance of the duties of the debtor referred to in section 88, in case of non-compliance by the debtor. (2) The resolution professional may apply to the Adjudicating Authority for directions in relation to any other matter under this Chapter for which no specific provisions have been made. **91. Revocation of order admitting application.—(1) The resolution professional may submit an** application to the Adjudicating Authority seeking revocation of its order made under section 84 on the following grounds, namely :— (a) if due to any change in the financial circumstances of the debtor, the debtor is ineligible for a fresh start process; or (b) non-compliance by the debtor of the restrictions imposed under sub-section (3) of section 85; or (c) if the debtor has acted in a _mala fide manner and has wilfully failed to comply with the_ provisions of this Chapter. (2) The Adjudicating Authority shall, within fourteen days of the receipt of the application under sub section (1), may by order admit or reject the application. (3) On passing of the order admitting the application referred to in sub-section (1), the moratorium and the fresh start process shall cease to have effect. (4) A copy of the order passed by the Adjudicating Authority under this section shall be provided to the Board for the purpose of recording an entry in the register referred to in section 196. 83 ----- **92. Discharge order.—(1) The resolution professional shall prepare a final list of qualifying debts** and submit such list to the Adjudicating Authority at least seven days before the moratorium period comes to an end. (2) The Adjudicating Authority shall pass a discharge order at the end of the moratorium period for discharge of the debtor from the qualifying debts mentioned in the list under sub-section (1). (3) Without prejudice to the provisions of sub-section (2), the Adjudicating Authority shall discharge the debtor from the following liabilities, namely:— (a) penalties in respect of the qualifying debts from the date of application till the date of the discharge order; (b) interest including penal interest in respect of the qualifying debts from the date of application till the date of the discharge order; and (c) any other sums owed under any contract in respect of the qualifying debts from the date of application till the date of the discharge order. (4) The discharge order shall not discharge the debtor from any debt not included in sub-section (2) and from any liability not included under sub-section (3). (5) The discharge order shall be forwarded to the Board for the purpose of recording an entry in the register referred to in section 196. (6) A discharge order under sub-section (2) shall not discharge any other person from any liability in respect of the qualifying debts. **93. Standard of conduct.—The resolution professional shall perform his functions and duties in** compliance with the code of conduct provided under section 208. CHAPTER III INSOLVENCY RESOLUTION PROCESS **94. Application by debtor to initiate insolvency resolution process.—(1) A debtor who commits a** default may apply, either personally or through a resolution professional, to the Adjudicating Authority for initiating the insolvency resolution process, by submitting an application. (2) Where the debtor is a partner of a firm, such debtor shall not apply under this Chapter to the Adjudicating Authority in respect of the firm unless all or a majority of the partners of the firm file the application jointly. (3) An application under sub-section (1) shall be submitted only in respect of debts which are not excluded debts. (4) A debtor shall not be entitled to make an application under sub-section (1) if he is— (a) an undischarged bankrupt; (b) undergoing a fresh start process; (c) undergoing an insolvency resolution process; or (d) undergoing a bankruptcy process. (5) A debtor shall not be eligible to apply under sub-section (1) if an application under this Chapter has been admitted in respect of the debtor during the period of twelve months preceding the date of submission of the application under this section. (6) The application referred to in sub-section (1) shall be in such form and manner and accompanied with such fee as may be prescribed. 84 ----- **95. Application by creditor to initiate insolvency resolution process.—(1) A creditor may apply** either by himself, or jointly with other creditors, or through a resolution professional to the Adjudicating Authority for initiating an insolvency resolution process under this section by submitting an application. (2) A creditor may apply under sub-section (1) in relation to any partnership debt owed to him for initiating an insolvency resolution process against— (a) any one or more partners of the firm; or (b) the firm. (3) Where an application has been made against one partner in a firm, any other application against another partner in the same firm shall be presented in or transferred to the Adjudicating Authority in which the first mentioned application is pending for adjudication and such Adjudicating Authority may give such directions for consolidating the proceedings under the applications as it thinks just. (4) An application under sub-section (1) shall be accompanied with details and documents relating to— (a) the debts owed by the debtor to the creditor or creditors submitting the application for insolvency resolution process as on the date of application; (b) the failure by the debtor to pay the debt within a period of fourteen days of the service of the notice of demand; and (c) relevant evidence of such default or non-repayment of debt. (5) The creditor shall also provide a copy of the application made under sub-section (1) to the debtor. (6) The application referred to in sub-section (1) shall be in such form and manner and accompanied by such fee as may be prescribed. (7) The details and documents required to be submitted under sub-section (4) shall be such as may be specified. **96. Interim moratorium.—(1) When an application is filed under section 94 or section 95—** (a) an interim-moratorium shall commence on the date of the application in relation to all the debts and shall cease to have effect on the date of admission of such application; and (b) during the interim-moratorium period— (i) any legal action or proceeding pending in respect of any debt shall be deemed to have been stayed; and (ii) the creditors of the debtor shall not initiate any legal action or proceedings in respect of any debt. (2) Where the application has been made in relation to a firm, the interim-moratorium under sub-section (1) shall operate against all the partners of the firm as on the date of the application. (3) The provisions of sub-section (1) shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. **97. Appointment of resolution professional.—(1) If the application under section 94 or 95 is filed** through a resolution professional, the Adjudicating Authority shall direct the Board within seven days of the date of the application to confirm that there are no disciplinary proceedings pending against resolution professional. 85 ----- (2) The Board shall within seven days of receipt of directions under sub-section (1) communicate to the Adjudicating Authority in writing either— (a) confirming the appointment of the resolution professional; or (b) rejecting the appointment of the resolution professional and nominating another resolution professional for the insolvency resolution process. (3) Where an application under section 94 or 95 is filed by the debtor or the creditor himself, as the case may be, and not through the resolution professional, the Adjudicating Authority shall direct the Board, within seven days of the filing of such application, to nominate a resolution professional for the insolvency resolution process. (4) The Board shall nominate a resolution professional within ten days of receiving the direction issued by the Adjudicating Authority under sub-section (3). (5) The Adjudicating Authority shall by order appoint the resolution professional recommended under sub-section (2) or as nominated by the Board under sub-section (4). (6) A resolution professional appointed by the Adjudicating Authority under sub-section (5) shall be provided a copy of the application for insolvency resolution process. **98. Replacement of resolution professional.—(1) Where the debtor or the creditor is of the opinion** that the resolution professional appointed under section 97 is required to be replaced, he may apply to the Adjudicating Authority for the replacement of such resolution professional. (2) The Adjudicating Authority shall within seven days of the receipt of the application under sub-section (1) make a reference to the Board for replacement of the resolution professional. (3) The Board shall, within ten days of the receipt of a reference from the Adjudicating Authority under sub-section (2), recommend the name of the resolution professional to the Adjudicating Authority against whom no disciplinary proceedings are pending. (4) Without prejudice to the provisions contained in sub-section (1), the creditors may apply to the Adjudicating Authority for replacement of the resolution professional where it has been decided in the meeting of the creditors, to replace the resolution professional with a new resolution professional for implementation of the repayment plan. (5) Where the Adjudicating Authority admits an application made under sub-section (1) or sub-section (4), it shall direct the Board to confirm that there are no disciplinary proceedings pending against the proposed resolution professional. (6) The Board shall send a communication within ten days of receipt of the direction under sub-section (5) either— (a) confirming appointment of the nominated resolution professional; or (b) rejecting appointment of the nominated resolution professional and recommend a new resolution professional. (7) On the basis of the communication of the Board under sub-section (3) or sub-section (6), the Adjudicating Authority shall pass an order appointing a new resolution professional. (8) The Adjudicating Authority may give directions to the resolution professional replaced under sub-section (7)— (a) to share all information with the new resolution professional in respect of the insolvency resolution process; and (b) to co-operate with the new resolution professional in such matters as may be required. 86 ----- **99. Submission of report by resolution professional.—(1) The resolution professional shall** examine the application referred to in section 94 or section 95, as the case may be, within ten days of his appointment, and submit a report to the Adjudicating Authority recommending for approval or rejection of the application. (2) Where the application has been filed under section 95, the resolution professional may require the debtor to prove repayment of the debt claimed as unpaid by the creditor by furnishing— (a) evidence of electronic transfer of the unpaid amount from the bank account of the debtor; (b) evidence of encashment of a cheque issued by the debtor; or (c) a signed acknowledgment by the creditor accepting receipt of dues. (3) Where the debt for which an application has been filed by a creditor is registered with the information utility, the debtor shall not be entitled to dispute the validity of such debt. (4) For the purposes of examining an application, the resolution professional may seek such further information or explanation in connection with the application as may be required from the debtor or the creditor or any other person who, in the opinion of the resolution professional, may provide such information. (5) The person from whom information or explanation is sought under sub-section (4) shall furnish such information or explanation within seven days of receipt of the request. (6) The resolution professional shall examine the application and ascertain that— (a) the application satisfies the requirements set out in section 94 or 95; (b) the applicant has provided information and given explanation sought by the resolution professional under sub-section (4). (7) After examination of the application under sub-section (6), he may recommend acceptance or rejection of the application in his report. (8) Where the resolution professional finds that the debtor is eligible for a fresh start under Chapter II, the resolution professional shall submit a report recommending that the application by the debtor under section 94 be treated as an application under section 81 by the Adjudicating Authority. (9) The resolution professional shall record the reasons for recommending the acceptance or rejection of the application in the report under sub-section (7). (10) The resolution professional shall give a copy of the report under sub-section (7) to the debtor or the creditor, as the case may be. **100. Admission or rejection of application.—(1) The Adjudicating Authority shall, within fourteen** days from the date of submission of the report under section 99 pass an order either admitting or rejecting the application referred to in section 94 or 95, as the case may be. (2) Where the Adjudicating Authority admits an application under sub-section (1), it may, on the request of the resolution professional, issue instructions for the purpose of conducting negotiations between the debtor and creditors and for arriving at a repayment plan. (3) The Adjudicating Authority shall provide a copy of the order passed under sub-section (1) along with the report of the resolution professional and the application referred to in section 94 or 95, as the case may be, to the creditors within seven days from the date of the said order. 87 ----- (4) If the application referred to in section 94 or 95, as the case may be, is rejected by the Adjudicating Authority on the basis of report submitted by the resolution professional that the application was made with the intention to defraud his creditors or the resolution professional, the order under sub-section (1) shall record that the creditor is entitled to file for a bankruptcy order under Chapter IV. **101. Moratorium.—(1) When the application is admitted under section 100, a moratorium shall** commence in relation to all the debts and shall cease to have effect at the end of the period of one hundred and eighty days beginning with the date of admission of the application or on the date the Adjudicating Authority passes an order on the repayment plan under section 114, whichever is earlier. (2) During the moratorium period— (a) any pending legal action or proceeding in respect of any debt shall be deemed to have been stayed; (b) the creditors shall not initiate any legal action or legal proceedings in respect of any debt; and (c) the debtor shall not transfer, alienate, encumber or dispose of any of his assets or his legal rights or beneficial interest therein; (3) Where an order admitting the application under section 96 has been made in relation to a firm, the moratorium under sub-section (1) shall operate against all the partners of the firm. (4) The provisions of this section shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. **102. Public notice and claims from creditors.—(1) The Adjudicating Authority shall issue a public** notice within seven days of passing the order under section 100 inviting claims from all creditors within twenty-one days of such issue. (2) The notice under sub-section (1) shall include— (a) details of the order admitting the application; (b) particulars of the resolution professional with whom the claims are to be registered; and (c) the last date for submission of claims. (3) The notice shall be— (a) published in at least one English and one vernacular newspaper which is in circulation in the state where the debtor resides; (b) affixed in the premises of the Adjudicating Authority; and (c) placed on the website of the Adjudicating Authority. **103. Registering of claims by creditors.—(1) The creditors shall register claims with the resolution** professional by sending details of the claims by way of electronic communications or through courier, speed post or registered letter. (2) In addition to the claims referred to in sub-section (1), the creditor shall provide to the resolution professional, personal information and such particulars as may be prescribed. **104. Preparation of list of creditors.—(1) The resolution professional shall prepare a list of** creditors on the basis of— (a) the information disclosed in the application filed by the debtor under section 94 or 95, as the case may be; (b) claims received by the resolution professional under section 102. 88 ----- (2) The resolution professional shall prepare the list mentioned in sub-section (1) within thirty days from the date of the notice. **105. Repayment plan.—(1) The debtor shall prepare, in consultation with the resolution** professional, a repayment plan containing a proposal to the creditors for restructuring of his debts or affairs. (2) The repayment plan may authorise or require the resolution professional to— (a) carry on the debtor’s business or trade on his behalf or in his name; or (b) realise the assets of the debtor; or (c) administer or dispose of any funds of the debtor. (3) The repayment plan shall include the following, namely:— (a) justification for preparation of such repayment plan and reasons on the basis of which the creditors may agree upon the plan; (b) provision for payment of fee to the resolution professional; (c) such other matters as may be specified. **106. Report of resolution professional on repayment plan.—(1) The resolution professional shall** submit the repayment plan under section 105 along with his report on such plan to the Adjudicating Authority within a period of twenty-one days from the last date of submission of claims under section 102. (2) The report referred in sub-section (1) shall include that— (a) the repayment plan is in compliance with the provisions of any law for the time being in force; (b) the repayment plan has a reasonable prospect of being approved and implemented; and (c) there is a necessity of summoning a meeting of the creditors, if required, to consider the repayment plan: Provided that where the resolution professional recommends that a meeting of the creditors is not required to be summoned, reasons for the same shall be provided. (3) The report referred to in sub-section (2) shall also specify the date on which, and the time and place at which, the meeting should be held if he is of the opinion that a meeting of the creditors should be summoned. (4) For the purposes of sub-section (3)— (a) the date on which the meeting is to be held shall be not less than fourteen days and not more than twenty eight days from the date of submission of report under sub-section (1); (b) the resolution professional shall consider the convenience of creditors in fixing the date and venue of the meeting of the creditors. **107. Summoning of meeting of creditors.—(1) The resolution professional shall issue a notice** calling the meeting of the creditors at least fourteen days before the date fixed for such meeting. (2) The resolution professional shall send the notice of the meeting to the list of creditors prepared under section 104. 89 ----- (3) The notice sent under sub-section (1) shall state the address of the Adjudicating Authority to which the repayment plan and report of the resolution professional on the repayment plan has been submitted and shall be accompanied by— (a) a copy of the repayment plan; (b) a copy of the statement of affairs of the debtor; (c) a copy of the said report of the resolution professional; and (d) forms for proxy voting. (4) The proxy voting, including electronic proxy voting shall take place in such manner and form as may be specified. **108. Conduct of meeting of creditors.—(1) The meeting of the creditors shall be conducted in** accordance with the provisions of this section and sections 109,110 and 111. (2) In the meeting of the creditors, the creditors may decide to approve, modify or reject the repayment plan. (3) The resolution professional shall ensure that if modifications are suggested by the creditors, consent of the debtor shall be obtained for each modification. (4) The resolution professional may for a sufficient cause adjourn the meeting of the creditors for a period of not more than seven days at a time. **109. Voting rights in meeting of creditors.—(1) A creditor shall be entitled to vote at every meeting** of the creditors in respect of the repayment plan in accordance with the voting share assigned to him. (2) The resolution professional shall determine the voting share to be assigned to each creditor in the manner specified by the Board. (3) A creditor shall not be entitled to vote in respect of a debt for an unliquidated amount. (4) A creditor shall not be entitled to vote in a meeting of the creditors if he— (a) is not a creditor mentioned in the list of creditors under section 104; or (b) is an associate of the debtor. **110. Rights of secured creditors in relation to repayment plan.—(1) Secured creditors shall be** entitled to participate and vote in the meetings of the creditors. (2) A secured creditor participating in the meetings of the creditors and voting in relation to the repayment plan shall forfeit his right to enforce the security during the period of the repayment plan in accordance with the terms of the repayment plan. (3) Where a secured creditor does not forfeit his right to enforce security, he shall submit an affidavit to the resolution professional at the meeting of the creditors stating— (a) that the right to vote exercised by the secured creditor is only in respect of the unsecured part of the debt; and (b) the estimated value of the unsecured part of the debt. (4) In case a secured creditor participates in the voting on the repayment plan by submitting an affidavit under sub-section (3), the secured and unsecured parts of the debt shall be treated as separate debts. (5) The concurrence of the secured creditor shall be obtained if he does not participate in the voting on repayment plan but provision of the repayment plan affects his right to enforce security. 90 ----- _Explanation.—For the purposes of this section, “period of the repayment plan” means the period from_ the date of the order passed under section 114 till the date on which the notice is given by the resolution professional under section 117 or report submitted by the resolution professional under section 118, as the case may be. **111. Approval of repayment plan by creditors.—The repayment plan or any modification to the** repayment plan shall be approved by a majority of more than three-fourth in value of the creditors present in person or by proxy and voting on the resolution in a meeting of the creditors. **112. Report of meeting of creditors on repayment plan.—(1) The resolution professional shall** prepare a report of the meeting of the creditors on repayment plan. (2) The report under sub-section (1) shall contain— (a) whether the repayment plan was approved or rejected and if approved, the list the modifications, if any; (b) the resolutions which were proposed at the meeting and the decision on such resolutions; (c) list of the creditors who were present or represented at the meeting, and the voting records of each creditor for all meetings of the creditors; and (d) such other information as the resolution professional thinks appropriate to make known to the Adjudicating Authority. **113. Notice of decisions taken at meeting of creditors.—The resolution professional shall provide a** copy of the report of the meeting of creditors prepared under section 99 to— (a) the debtor; (b) the creditors, including those who were not present at the meeting; and (c) the Adjudicating Authority. **114. Order of Adjudicating Authority on repayment plan.—(1) The Adjudicating Authority shall** by an order approve or reject the repayment plan on the basis of the report of the meeting of the creditors submitted by the resolution professional under section 112: Provided that where a meeting of creditors is not summoned, the Adjudicating Authority shall pass an order on the basis of the report prepared by the resolution professional under section 106. (2) The order of the Adjudicating Authority approving the repayment plan may also provide for directions for implementing the repayment plan. (3) Where the Adjudicating Authority is of the opinion that the repayment plan requires modification, it may direct the resolution professional to re-convene a meeting of the creditors for reconsidering the repayment plan. **115. Effect of order of Adjudicating Authority on repayment plan.—(1) Where the Adjudicating** Authority has approved the repayment plan under section 114, such repayment plan shall— (a) take effect as if proposed by the debtor in the meeting; and (b) be binding on creditors mentioned in the repayment plan and the debtor. (2) Where the Adjudicating Authority rejects the repayment plan under section 114, the debtor and the creditors shall be entitled to file an application for bankruptcy under Chapter IV. (3) A copy of the order passed by the Adjudicating Authority under sub-section (2) shall be provided to the Board, for the purpose of recording an entry in the register referred to in section 196. 91 ----- **116. Implementation and supervision of repayment plan.—(1) The resolution professional** appointed under section 97 or under section 98 shall supervise the implementation of the repayment plan. (2) The resolution professional may apply to the Adjudicating Authority for directions, if necessary, in relation to any particular matter arising under the repayment plan. (3) The Adjudicating Authority may issue directions to the resolution professional on the basis of an application under sub-section (2). **117. Completion of repayment plan.—(1) The resolution professional shall within fourteen days of** the completion of the repayment plan, forward to the persons who are bound by the repayment plan under section 115 and the Adjudicating Authority, the following documents, namely:— (a) a notice that the repayment plan has been fully implemented; and (b) a copy of a report by the resolution professional summarising all receipts and payments made in pursuance of the repayment plan and extent of the implementation of such plan as compared with the repayment plan approved by the meeting of the creditors. (2) The resolution professional may apply to the Adjudicating Authority to extend the time mentioned in sub-section (1) for such further period not exceeding seven days. **118. Repayment plan coming to end prematurely.—(1) A repayment plan shall be deemed to have** come to an end prematurely if it has not been fully implemented in respect of all persons bound by it within the period as mentioned in the repayment plan. (2) Where a repayment plan comes to an end prematurely under this section, the resolution professional shall submit a report to the Adjudicating Authority which shall state— (a) the receipts and payments made in pursuance of the repayment plan; (b) the reasons for premature end of the repayment plan; and (c) the details of the creditors whose claims have not been fully satisfied. (3) The Adjudicating Authority shall pass an order on the basis of the report submitted under sub-section (2) by the resolution professional that the repayment plan has not been completely implemented. (4) The debtor or the creditor, whose claims under repayment plan have not been fully satisfied, shall be entitled to apply for a bankruptcy order under Chapter IV. (5) The Adjudicating Authority shall forward to the persons bound by the repayment plan under section 115, a copy of the— (a) report submitted by the resolution professional to the Adjudicating Authority under sub-section (2); and (b) order passed by the Adjudicating Authority under sub-section (3). (6) The Adjudicating Authority shall forward a copy of the order passed under sub-section (4) to the Board, for the purpose of recording entries in the register referred to in section 196. **119. Discharge order.—(1) On the basis of the repayment plan, the resolution professional shall** apply to the Adjudicating Authority for a discharge order in relation to the debts mentioned in the repayment plan and the Adjudicating Authority may pass such discharge order. (2) The repayment plan may provide for— (a) early discharge; or (b) discharge on complete implementation of the repayment plan. 92 ----- (3) The discharge order shall be forwarded to the Board, for the purpose of recording entries in the register referred to in section 196. (4) The discharge order under sub-section (3) shall not discharge any other person from any liability in respect of his debt. **120. Standard of conduct.—The resolution professional shall perform his functions and duties in** compliance with the code of conduct provided under section 208. CHAPTER IV BANKRUPTCY ORDER FOR INDIVIDUALS AND PARTNERSHIP FIRM **121. Application for bankruptcy.—(1) An application for bankruptcy of a debtor may be made, by** a creditor individually or jointly with other creditors or by a debtor, to the Adjudicating Authority in the following circumstances, namely;— (a) where an order has been passed by an Adjudicating Authority under sub-section 4 of section 100; or (b) where an order has been passed by an Adjudicating Authority under sub-section 2 of section 115; or (c) where an order has been passed by an Adjudicating Authority under sub-section 3 of section 118. (2) An application for bankruptcy shall be filed within a period of three months of the date of the order passed by the Adjudicating Authority under the sections referred to in sub-section (1). (3) Where the debtor is a firm, the application under sub-section (1) may be filed by any of its partners. **122. Application by debtor.—(1) The application for bankruptcy by the debtor shall be accompanied** by— (a) the records of insolvency resolution process undertaken under Chapter III of Part III; (b) the statement of affairs of the debtor in such form and manner as may be prescribed, on the date of the application for bankruptcy; and (c) a copy of the order passed by the Adjudicating Authority under Chapter III of Part III permitting the debtor to apply for bankruptcy. (2) The debtor may propose an insolvency professional as the bankruptcy trustee in the application for bankruptcy. (3) The application referred to in sub-section (1) shall be in such form and manner and accompanied by such fee as may be prescribed. (4) An application for bankruptcy by the debtor shall not be withdrawn without the leave of the Adjudicating Authority. **123. Application by creditor.—(1) The application for bankruptcy by the creditor shall be** accompanied by— (a) the records of insolvency resolution process undertaken under Chapter III; (b) a copy of the order passed by the Adjudicating Authority under Chapter III permitting the creditor to apply for bankruptcy; (c) details of the debts owed by the debtor to the creditor as on the date of the application for bankruptcy; and 93 ----- (d) such other information as may be prescribed. (2) An application under sub-section (1) made in respect of a debt which is secured, shall be accompanied with— (a) a statement by the creditor having the right to enforce the security that he shall, in the event of a bankruptcy order being made, give up his security for the benefit of all the creditors of the bankrupt; or (b) a statement by the creditor stating— (i) that the application for bankruptcy is only in respect of the unsecured part of the debt; and (ii) an estimated value of the unsecured part of the debt. (3) If a secured creditor makes an application for bankruptcy and submits a statement under clause (b) of sub-section (2), the secured and unsecured parts of the debt shall be treated as separate debts. (4) The creditor may propose an insolvency professional as the bankruptcy trustee in the application for bankruptcy. (5) An application for bankruptcy under sub-section (1), in case of a deceased debtor, may be filed against his legal representatives. (6) The application for bankruptcy shall be in such form and manner and accompanied by such fee as may be prescribed. (7) An application for bankruptcy by the creditor shall not be withdrawn without the permission of the Adjudicating Authority. **124. Effect of application.—(1) When an application is filed under section 122 or section 123,—** (a) an interim-moratorium shall commence on the date of the making of the application on all actions against the properties of the debtor in respect of his debts and such moratorium shall cease to have effect on the bankruptcy commencement date; and (b) during the interim-moratorium period— (i) any pending legal action or legal proceeding against any property of the debtor in respect of any of his debts shall be deemed to have been stayed; (ii) the creditors of the debtor shall not be entitled to initiate any legal action or legal proceedings against any property of the debtor in respect of any of his debts. (2) Where the application has been made in relation to a firm, the interim-moratorium under sub-section (1) shall operate against all the partners of the firm as on the date of the making of the application. (3) The provisions of this section shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. **125. Appointment of insolvency professional as bankruptcy trustee.—(1) If an insolvency** professional is proposed as the bankruptcy trustee in the application for bankruptcy under section 122 or section 123, the Adjudicating Authority shall direct the Board within seven days of receiving the application for bankruptcy to confirm that there are no disciplinary proceedings pending against such professional. (2) The Board shall within ten days of the receipt of the direction under sub-section (1) in writing either— (a) confirm the appointment of the proposed insolvency professional as the bankruptcy trustee for the bankruptcy process; or 94 ----- (b) reject the appointment of the proposed insolvency professional as the bankruptcy trustee and nominate another bankruptcy trustee for the bankruptcy process. (3) Where a bankruptcy trustee is not proposed by the debtor or creditor under section 122 or 123, the Adjudicating Authority shall direct the Board within seven days of receiving the application to nominate a bankruptcy trustee for the bankruptcy process. (4) The Board shall nominate a bankruptcy trustee within ten days of receiving the direction of the Adjudicating Authority under sub-section (3). (5) The bankruptcy trustee confirmed or nominated under this section shall be appointed as the bankruptcy trustee by the Adjudicating Authority in the bankruptcy order under section 126. **126. Bankruptcy order.—(1) The Adjudicating Authority shall pass a bankruptcy order within** fourteen days of receiving the confirmation or nomination of the bankruptcy trustee under section 125. (2) The Adjudicating Authority shall provide the following documents to bankrupt, creditors and the bankruptcy trustee within seven days of the passing of the bankruptcy order, namely:— (a) a copy of the application for bankruptcy; and (b) a copy of the bankruptcy order. **127. Validity of bankruptcy order.—The bankruptcy order passed by the Adjudicating Authority** under section 126 shall continue to have effect till the debtor is discharged under section 138. **128. Effect of bankruptcy order.—(1) On the passing of the bankruptcy order under section 126,—** (a) the estate of the bankrupt shall vest in the bankruptcy trustee as provided in section 154; (b) the estate of the bankrupt shall be divided among his creditors; (c) subject to provisions of sub-section (2), a creditor of the bankrupt indebted in respect of any debt claimed as a bankruptcy debt shall not— (i) initiate any action against the property of the bankrupt in respect of such debt; or (ii) commence any suit or other legal proceedings except with the leave of the Adjudicating Authority and on such terms as the Adjudicating Authority may impose. (2) Subject to the provisions of section 123, the bankruptcy order shall not affect the right of any secured creditor to realise or otherwise deal with his security interest in the same manner as he would have been entitled if the bankruptcy order had not been passed: Provided that no secured creditor shall be entitled to any interest in respect of his debt after the bankruptcy commencement date if he does not take any action to realise his security within thirty days from the said date. (3) Where a bankruptcy order under section 126 has been passed against a firm, the order shall operate as if it were a bankruptcy order made against each of the individuals who, on the date of the order, is a partner in the firm. (4) The provisions of sub-section (1) shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. **129. Statement of financial position.—(1) Where a bankruptcy order is passed on the application for** bankruptcy by a creditor under section 123, the bankrupt shall submit his statement of financial position to the bankruptcy trustee within seven days from the bankruptcy commencement date. (2) The statement of financial position shall be submitted in such form and manner as may be prescribed. 95 ----- (3) Where the bankrupt is a firm, its partners on the date of the order shall submit a joint statement of financial position of the firm, and each partner of the firm shall submit a statement of his financial position. (4) The bankruptcy trustee may require the bankrupt or any other person to submit in writing further information explaining or modifying any matter contained in the statement of financial position. **130. Public notice inviting claims from creditors.—(1) The Adjudicating Authority shall—** (a) send notices within ten days of the bankruptcy commencement date, to the creditors mentioned in— (i) the statement of affairs submitted by the bankrupt under section 129; or (ii) the application for bankruptcy submitted by the bankrupt under section 122. (b) issue a public notice inviting claims from creditors. (2) The public notice under clause (b) of sub-section (1) shall include the last date up to which the claims shall be submitted and such other matters and details as may be prescribed and shall be— (a) published in leading newspapers, one in English and another in vernacular having sufficient circulation where the bankrupt resides; (b) affixed on the premises of the Adjudicating Authority; and (c) placed on the website of the Adjudicating Authority. (3) The notice to the creditors referred to under clause (a) of sub-section (1) shall include such matters and details as may be prescribed. **131. Registration of claims.—(1) The creditors shall register claims with the bankruptcy trustee** within seven days of the publication of the public notice, by sending details of the claims to the bankruptcy trustee in such manner as may be prescribed. (2) The creditor, in addition to the details of his claims, shall provide such other information and in such manner as may be prescribed. **132. Preparation of list of creditors.—The bankruptcy trustee shall, within fourteen days from the** bankruptcy commencement date, prepare a list of creditors of the bankrupt on the basis of— (a) the information disclosed by the bankrupt in the application for bankruptcy filed by the bankrupt under section 118 and the statement of affairs filed under section 125; and (b) claims received by the bankruptcy trustee under sub-section (2) of section 130. **133. Summoning of meeting of creditors.—(1) The bankruptcy trustee shall, within twenty-one** days from the bankruptcy commencement date, issue a notice for calling a meeting of the creditors, to every creditor of the bankrupt as mentioned in the list prepared under section 132. (2) The notices issued under sub-section (1) shall— (a) state the date of the meeting of the creditors, which shall not be later than twenty-one days from the bankruptcy commencement date; (b) be accompanied with forms of proxy voting; (c) specify the form and manner in which the proxy voting may take place. (3) The proxy voting, including electronic proxy voting shall take place in such manner and form as may be specified. 96 ----- **134. Conduct of meeting of creditors.—(1) The bankruptcy trustee shall be the convener of the** meeting of the creditors summoned under section 133. (2) The bankruptcy trustee shall decide the quorum for the meeting of the creditors, and conduct the meeting only if the quorum is present. (3) The following business shall be conducted in the meeting of the creditors in which regard a resolution may be passed, namely:— (a) the establishment of a committee of creditors; (b) any other business that the bankruptcy trustee thinks fit to be transacted. (4) The bankruptcy trustee shall cause the minutes of the meeting of the creditors to be recorded, signed and retained as a part of the records of the bankruptcy process. (5) The bankruptcy trustee shall not adjourn the meeting of the creditors for any purpose for more than seven days at a time. **135. Voting rights of creditors.—(1) Every creditor mentioned in the list under section 132 or his** proxy shall be entitled to vote in respect of the resolutions in the meeting of the creditors in accordance with the voting share assigned to him. (2) The resolution professional shall determine the voting share to be assigned to each creditor in the manner specified by the Board. (3) A creditor shall not be entitled to vote in respect of a debt for an unliquidated amount. (4) The following creditors shall not be entitled to vote under this section, namely:— (a) creditors who are not mentioned in the list of creditors under section 132 and those who have not been given a notice by the bankruptcy trustee; (b) creditors who are associates of the bankrupt. **136. Administration and distribution of estate of bankrupt.—The bankruptcy trustee shall** conduct the administration and distribution of the estate of the bankrupt in accordance with the provisions of Chapter V. **137. Completion of administration.—(1) The bankruptcy trustee shall convene a meeting of the** committee of creditors on completion of the administration and distribution of the estate of the bankrupt in accordance with the provisions of Chapter V. (2) The bankruptcy trustee shall provide the committee of creditors with a report of the administration of the estate of the bankrupt in the meeting of the said committee. (3) The committee of creditors shall approve the report submitted by the bankruptcy trustee under sub-section (2) within seven days of the receipt of the report and determine whether the bankruptcy trustee should be released under section 148. (4) The bankruptcy trustee shall retain sufficient sums from the estate of the bankrupt to meet the expenses of convening and conducting the meeting required under this section during the administration of the estate. **138. Discharge order.—(1) The bankruptcy trustee shall apply to the Adjudicating Authority for a** discharge order— (a) on the expiry of one year from the bankruptcy commencement date; or (b) within seven days of the approval of the committee of creditors of the completion of administration of the estates of the bankrupt under section 137, where such approval is obtained prior to the period mentioned in clause (a). 97 ----- (2) The Adjudicating Authority shall pass a discharge order on an application by the bankruptcy trustee under sub-section (1). (3) A copy of the discharge order shall be provided to the Board for the purpose of recording an entry in the register referred to in section 196. **139. Effect of discharge.—The discharge order under sub-section (2) of section 138 shall release the** bankrupt from all the bankruptcy debt: Provided that discharge shall not— (a) affect the functions of the bankruptcy trustee; or (b) affect the operation of the provisions of Chapters IV and V of Part III; or (c) release the bankrupt from any debt incurred by means of fraud or breach of trust to which he was a party; or (d) discharge the bankrupt from any excluded debt. **140. Disqualification of bankrupt.—(1) The bankrupt shall, from the bankruptcy commencement** date, be subject to the disqualifications mentioned in this section. (2) In addition to any disqualification under any other law for the time being in force, a bankrupt shall be disqualified from— (a) being appointed or acting as a trustee or representative in respect of any trust, estate or settlement; (b) being appointed or acting as a public servant; (c) being elected to any public office where the appointment to such office is by election; and (d) being elected or sitting or voting as a member of any local authority. (3) Any disqualification to which a bankrupt may be subject under this section shall cease to have effect, if— (a) the bankruptcy order against him is modified or recalled under section 142; or (b) he is discharged under section 138. _Explanation.—For the purposes of this section, the term “public servant” shall have the same_ meaning as assigned to it in section 21 of the Indian Penal Code (45 of 1860). **141. Restrictions on bankrupt.—(1) A bankrupt, from the bankruptcy commencement date, shall—** (a) not act as a director of any company, or directly or indirectly take part in or be concerned in the promotion, formation or management of a company; (b) without the previous sanction of the bankruptcy trustee, be prohibited from creating any charge on his estate or taking any further debt; (c) be required to inform his business partners that he is undergoing a bankruptcy process; (d) prior to entering into any financial or commercial transaction of such value as may be prescribed, either individually or jointly, inform all the parties involved in such transaction that he is undergoing a bankruptcy process; (e) without the previous sanction of the Adjudicating Authority, be incompetent to maintain any legal action or proceedings in relation to the bankruptcy debts; and (f) not be permitted to travel overseas without the permission of the Adjudicating Authority. 98 ----- (2) Any restriction to which a bankrupt may be subject under this section shall cease to have effect, if— (a) the bankruptcy order against him is modified or recalled under section 142; or (b) he is discharged under section 138. **142. Modification or recall of bankruptcy order.—(1) The Adjudicating Authority may, on an** application or suo motu, modify or recall a bankruptcy order, whether or not the bankrupt is discharged, if it appears to the Adjudicating Authority that— (a) there exists an error apparent on the face of such order; or (b) both the bankruptcy debts and the expenses of the bankruptcy have, after the making of the bankruptcy order, either been paid for or secured to the satisfaction of the Adjudicating Authority. (2) Where the Adjudicating Authority modifies or recalls the bankruptcy order under this section, any sale or other disposition of property, payment made or other things duly done by the bankruptcy trustee shall be valid except that the property of the bankrupt shall vest in such person as the Adjudicating Authority may appoint or, in default of any such appointment, revert to the bankrupt on such terms as the Adjudicating Authority may direct. (3) A copy of the order passed by the Adjudicating Authority under sub-section (1) shall be provided to the Board, for the purpose of recording an entry in the register referred to in section 191. (4) The modification or recall of the order by the Adjudicating Authority under sub-section (1) shall be binding on all creditors so far as it relates to any debts due to them which form a part of the bankruptcy. **143. Standard of conduct.—The bankruptcy trustee shall perform his functions and duties in** compliance with the code of conduct provided under section 208. **144. Fees of bankruptcy order.—(1) A bankruptcy trustee appointed for conducting the bankruptcy** process shall charge such fees as may be specified in proportion to the value of the estate of the bankrupt. (2) The fees for the conduct of the bankruptcy process shall be paid to the bankruptcy trustee from the distribution of the estate of the bankrupt in the manner provided in section 178. **145. Replacement of bankruptcy order.—(1) Where Committee of creditors is of the opinion that at** any time during the bankruptcy process, a bankruptcy trustee appointed under section 125 is required to be replaced, it may replace him with another bankruptcy trustee in the manner provided under this section. (2) The Committee of creditors may, at a meeting, by a vote of seventy-five per cent. of voting share, propose to replace the bankruptcy trustee appointed under section 125 with another bankruptcy trustee. (3) The Committee of creditors may apply to the Adjudicating Authority for the replacement of the bankruptcy trustee. (4) The Adjudicating Authority shall within seven days of the receipt of the application under sub section (3) direct the Board to recommend for replacement of bankruptcy trustee. (5) The Board shall, within ten days of the direction of the Adjudicating Authority under sub-section (4), recommend a bankruptcy trustee for replacement against whom no disciplinary proceedings are pending. (6) The Adjudicating Authority shall, by an order, appoint the bankruptcy trustee as recommended by the Board under sub-section (5) within fourteen days of receiving such recommendation. 99 ----- (7) The earlier bankruptcy trustee shall deliver possession of the estate of the bankrupt to the bankruptcy trustee appointed under sub-section (6), on the date of his appointment. (8) The Adjudicating Authority may give directions to the earlier bankruptcy trustee— (a) to share all information with the new bankruptcy trustee in respect of the bankruptcy process; and (b) to co-operate with the new bankruptcy trustee in such matters as may be required. (9) The earlier bankruptcy trustee replaced under this section shall be released in accordance with the provisions of section 148. (10) The bankruptcy trustee appointed under this section shall give a notice of his appointment to the bankrupt within seven days of his appointment. **146. Resignation by bankruptcy trustee.—(1) A bankruptcy trustee may resign if—** (a) he intends to cease practising as an insolvency professional; or (b) there is conflict of interest or change of personal circumstances which preclude the further discharge of his duties as a bankruptcy trustee. (2) The Adjudicating Authority shall, within seven days of the acceptance of the resignation of the bankruptcy trustee, direct the Board for his replacement. (3) The Board shall, within ten days of the direction of the Adjudicating Authority under sub-section (2) recommend another bankruptcy trustee as a replacement. (4) The Adjudicating Authority shall appoint the bankruptcy trustee recommended by the Board under sub-section (3) within fourteen days of receiving the recommendation. (5) The replaced bankruptcy trustee shall deliver possession of the estate of the bankrupt to the bankruptcy trustee appointed under sub-section (4), on the date of his appointment. (6) The Adjudicating Authority may give directions to the bankruptcy trustee who has resigned— (a) to share all information with the new bankruptcy trustee in respect of the bankruptcy process; and (b) to co-operate with the new bankruptcy trustee in such matters as may be required. (7) The bankruptcy trustee appointed under this section shall give a notice of his appointment to the committee of creditors and the bankrupt within seven days of his appointment. (8) The bankruptcy trustee replaced under this section shall be released in accordance with the provisions of section 148. **147. Vacancy in office of bankruptcy trustee.—(1) If a vacancy occurs in the office of the** bankruptcy trustee for any reason other than his replacement or resignation, the vacancy shall be filled in accordance with the provisions of this section. (2) In the event of the occurrence of vacancy referred to in sub-section (1), the Adjudicating Authority shall direct the Board for replacement of a bankruptcy trustee. (3) The Board shall, within ten days of the direction of the Adjudicating Authority under sub-section (2), recommend a bankruptcy trustee as a replacement. (4) The Adjudicating Authority shall appoint the bankruptcy trustee recommended by the Board under sub-section (3) within fourteen days of receiving the recommendation. 100 ----- (5) The earlier bankruptcy trustee shall deliver possession of the estate of the bankrupt to the bankruptcy trustee appointed under sub-section (4), on the date of his appointment. (6) The Adjudicating Authority may give directions to the bankruptcy trustee who has vacated the office— (a) to share all information with the new bankruptcy trustee in respect of the bankruptcy; (b) to co-operate with the new bankruptcy trustee in such matters as may be required. (7) The bankruptcy trustee appointed under sub-section (4) shall give a notice of his appointment to the committee of creditors and the bankrupt within seven days of his appointment. (8) The earlier bankruptcy trustee replaced under this section shall be released in accordance with the provisions of section 148: Provided that this section shall not apply if the vacancy has occurred due to temporary illness or temporary leave of the bankruptcy trustee. **148. Release of bankruptcy trustee.—(1) A bankruptcy trustee shall be released from his office with** effect from the date on which the Adjudicating Authority passes an order appointing a new bankruptcy trustee in the event of replacement, resignation or occurrence of vacancy under sections 145, 146 or section 147, as the case may be. (2) Notwithstanding the release under sub-section (1), the bankruptcy trustee who has been so released, shall share all information with the new bankruptcy trustee in respect of the bankruptcy process and co-operate with the new bankruptcy trustee in such matters as may be required. (3) A bankruptcy trustee who has completed the administration of the bankruptcy process shall be released of his duties with effect from the date on which the committee of creditors approves the report of the bankruptcy trustee under section 137. CHAPTER V ADMINISTRATION AND DISTRIBUTION OF THE ESTATE OF THE BANKRUPT **149. Functions of bankruptcy trustee.—The bankruptcy trustee shall perform the following** functions in accordance with the provisions of this Chapter— (a) investigate the affairs of the bankrupt; (b) realise the estate of the bankrupt; and (c) distribute the estate of the bankrupt. **150. Duties of bankrupt towards bankruptcy trustee.—(1) The bankrupt shall assist the** bankruptcy trustee in carrying out his functions under this Chapter by— (a) giving to the bankruptcy trustee the information of his affairs; (b) attending on the bankruptcy trustee at such times as may be required; (c) giving notice to the bankruptcy trustee of any of the following events which have occurred after the bankruptcy commencement date,— (i) acquisition of any property by the bankrupt; (ii) devolution of any property upon the bankrupt; (iii) increase in the income of the bankrupt; (d) doing all other things as may be prescribed. 101 ----- (2) The bankrupt shall give notice of the increase in income or acquisition or devolution of property under clause (c) of sub-section (1) within seven days of such increase, acquisition or devolution. (3) The bankrupt shall continue to discharge the duties under sub-section (1) other than the duties under clause (c) even after the discharge under section 138. **151. Rights of bankruptcy trustee.—For the purpose of performing his functions under this** Chapter, the bankruptcy trustee may, by his official name— (a) hold property of every description; (b) make contracts; (c) sue and be sued; (d) enter into engagements in respect of the estate of the bankrupt; (e) employ persons to assist him; (f) execute any power of attorney, deed or other instrument; and (g) do any other act which is necessary or expedient for the purposes of or in connection with the exercise of his rights. **152. General powers of bankruptcy trustee.—The bankruptcy trustee may while discharging his** functions under this Chapter,— (a) sell any part of the estate of the bankrupt; (b) give receipts for any money received by him; (c) prove, rank, claim and draw a dividend in respect of such debts due to the bankrupt as are comprised in his estate; (d) where any property comprised in the estate of the bankrupt is held by any person by way of pledge or hypothecation, exercise the right of redemption in respect of any such property subject to the relevant contract by giving notice to the said person; (e) where any part of the estate of the bankrupt consists of securities in a company or any other property which is transferable in the books of a person, exercise the right to transfer the property to the same extent as the bankrupt might have exercised it if he had not become bankrupt; and (f) deal with any property comprised in the estate of the bankrupt to which the bankrupt is beneficially entitled in the same manner as he might have dealt with it. **153. Approval of creditors for certain acts.—The bankruptcy trustee for the purposes of this** Chapter may after procuring the approval of the committee of creditors,— (a) carry on any business of the bankrupt as far as may be necessary for winding it up beneficially; (b) bring, institute or defend any legal action or proceedings relating to the property comprised in the estate of the bankrupt; (c) accept as consideration for the sale of any property a sum of money due at a future time subject to certain stipulations such as security; (d) mortgage or pledge any property for the purpose of raising money for the payment of the debts of the bankrupt; (e) where any right, option or other power forms part of the estate of the bankrupt, make payments or incur liabilities with a view to obtaining, for the benefit of the creditors, any property which is the subject of such right, option or power; 102 ----- (f) refer to arbitration or compromise on such terms as may be agreed, any debts subsisting or supposed to subsist between the bankrupt and any person who may have incurred any liability to the bankrupt; (g) make compromise or other arrangement as may be considered expedient, with the creditors; (h) make compromise or other arrangement as he may deem expedient with respect to any claim arising out of or incidental to the bankrupt’s estate; (i) appoint the bankrupt to— (A) supervise the management of the estate of the bankrupt or any part of it; (B) carry on his business for the benefit of his creditors; (C) assist the bankruptcy trustee in administering the estate of the bankrupt. **154. Vesting of estate of bankrupt in bankruptcy trustee.—(1) The estate of the bankrupt shall** vest in the bankruptcy trustee immediately from the date of his appointment. (2) The vesting under sub-section (1) shall take effect without any conveyance, assignment or transfer. **155. Estate of bankrupt.—(1) The estate of the bankrupt shall include,—** (a) all property belonging to or vested in the bankrupt at the bankruptcy commencement date; (b) the capacity to exercise and to initiate proceedings for exercising all such powers in or over or in respect of property as might have been exercised by the bankrupt for his own benefit at the bankruptcy commencement date or before the date of the discharge order passed under section 138; and (c) all property which by virtue of any of the provisions of this Chapter is comprised in the estate. (2) The estate of the bankrupt shall not include— (a) excluded assets; (b) property held by the bankrupt on trust for any other person; (c) all sums due to any workman or employee from the provident fund, the pension fund and the gratuity fund; and (d) such assets as may be notified by the Central Government in consultation with any financial sector regulator. **156. Delivery of property and documents to bankruptcy trustee.—The bankrupt, his banker or** agent or any other person having possession of any property, books, papers or other records which bankruptcy trustee is required to take possession for the purposes of the bankruptcy process shall deliver the said property and documents to the bankruptcy trustee. **157. Acquisition of control by bankruptcy trustee.—(1) The bankruptcy trustee shall take** possession and control of all property, books, papers and other records relating to the estate of the bankrupt or affairs of the bankrupt which belong to him or are in his possession or under his control. (2) Where any part of the estate of the bankrupt consists of things in actionable claims, they shall be deemed to have been assigned to the bankruptcy trustee without any notice of the assignment. **158. Restrictions on disposition of property.—(1) Any disposition of property made by the debtor,** during the period between the date of filing of the application for bankruptcy and the bankruptcy commencement date shall be void. 103 ----- (2) Any disposition of property made under sub-section (1) shall not give rise to any right against any person, in respect of such property, even if he has received such property before the bankruptcy commencement date in— (a) good faith; (b) for value; and (c) without notice of the filing of the application for bankruptcy. (3) For the purposes of this section, the term “property” means all the property of the debtor, whether or not it is comprised in the estate of the bankrupt, but shall not include property held by the debtor in trust for any other person. **159. After-acquired property of bankrupt.—(1) The bankruptcy trustee shall be entitled to claim** for the estate of the bankrupt, any after-acquired property by giving a notice to the bankrupt. (2) A notice under sub-section (1) shall not be served in respect of— (a) excluded assets; or (b) any property which is acquired by or devolves upon the bankrupt after a discharge order is passed under section 138. (3) The notice under sub-section (2) shall be given within fifteen days from the day on which the acquisition or devolution of the after-acquired property comes to the knowledge of the bankruptcy trustee. (4) For the purposes of sub-section (3)— (a) anything which comes to the knowledge of the bankruptcy trustee shall be deemed to have come to the knowledge of the successor of the bankruptcy trustee at the same time; and (b) anything which comes to the knowledge of a person before he is appointed as a bankruptcy trustee shall be deemed to have come to his knowledge on the date of his appointment as bankruptcy trustee. (5) The bankruptcy trustee shall not be entitled, by virtue of this section, to claim from any person who has acquired any right over after-acquired property, in good faith, for value and without notice of the bankruptcy. (6) A notice may be served after the expiry of the period under sub-section (3) only with the approval of the Adjudicating Authority. _Explanation.—For the purposes of this section, the term “after-acquired property” means any_ property which has been acquired by or has devolved upon the bankrupt after the bankruptcy commencement date. **160. Onerous property of bankrupt.—(1) The bankruptcy trustee may, by giving notice to the** bankrupt or any person interested in the onerous property, disclaim any onerous property which forms a part of the estate of the bankrupt. (2) The bankruptcy trustee may give the notice under sub-section (1) notwithstanding that he has taken possession of the onerous property, endeavoured to sell it or has exercised rights of ownership in relation to it. (3) A notice of disclaimer under sub-section (1) shall— (a) determine, as from the date of such notice, the rights, interests and liabilities of the bankrupt in respect of the onerous property disclaimed; 104 ----- (b) discharge the bankruptcy trustee from all personal liability in respect of the onerous property as from the date of appointment of the bankruptcy trustee. (4) A notice of disclaimer under sub-section (1) shall not be given in respect of the property which has been claimed for the estate of the bankrupt under section 155 without the permission of the committee of creditors. (5) A notice of disclaimer under sub-section (1) shall not affect the rights or liabilities of any other person, and any person who sustains a loss or damage in consequence of the operation of a disclaimer under this section shall be deemed to be a creditor of the bankrupt to the extent of the loss or damage. _Explanation.—For the purposes of this section, the term “onerous property” means—_ (i) any unprofitable contract; and (ii) any other property comprised in the estate of the bankrupt which is unsaleable or not readily saleable, or is such that it may give rise to a claim. **161. Notice to disclaim onerous property.—(1) No notice of disclaimer under section 160 shall be** necessary if— (a) a person interested in the onerous property has applied in writing to the bankruptcy trustee or his predecessor requiring him to decide whether the onerous property should be disclaimed or not; and (b) a decision under clause (a) has not been taken by the bankruptcy trustee within seven days of receipt of the notice. (2) Any onerous property which cannot be disclaimed under sub-section (1) shall be deemed to be part of the estate of the bankrupt. _Explanation.—For the purposes of this section, an onerous property is said to be disclaimed where_ notice in relation to that property has been given by the bankruptcy trustee under section 160. **162. Disclaimer of leaseholds.—(1) The bankruptcy trustee shall not be entitled to disclaim any** leasehold interest, unless a notice of disclaimer has been served on every interested person and— (a) no application objecting to the disclaimer by the interested person, has been filed with respect to the leasehold interest, within fourteen days of the date on which notice was served; and (b) where the application objecting to the disclaimer has been filed by the interested person, the Adjudicating Authority has directed under section 163 that the disclaimer shall take effect. (2) Where the Adjudicating Authority gives a direction under clause (b) of sub-section (1), it may also make order with respect to fixtures, improvements by tenant and other matters arising out of the lease as it may think fit. **163. Challenge against disclaimed property.— (1) An application challenging the disclaimer may** be made by the following persons under this section to the Adjudicating Authority— (a) any person who claims an interest in the disclaimed property; or (b) any person who is under any liability in respect of the disclaimed property; or (c) where the disclaimed property is a dwelling house, any person who on the date of application for bankruptcy was in occupation of or entitled to occupy that dwelling house. (2) The Adjudicating Authority may on an application under sub-section (1) make an order for the vesting of the disclaimed property in, or for its delivery to any of the persons mentioned in sub-section (1). 105 ----- (3) The Adjudicating Authority shall not make an order in favour of a person who has made an application under clause (b) of sub-section (1) except where it appears to the Adjudicating Authority that it would be just to do so for the purpose of compensating the person. (4) The effect of an order under this section shall be taken into account while assessing loss or damage sustained by any person in consequence of the disclaimer under sub-section (5) of section 160. (5) An order under sub-section (2) vesting property in any person need not be completed by any consequence, assignment or transfer. **164. Undervalued transactions.—(1) The bankruptcy trustee may apply to the Adjudicating** Authority for an order under this section in respect of an undervalued transaction between a bankrupt and any person. (2) The undervalued transaction referred to in sub-section (1) should have— (a) been entered into during the period of two years ending on the filing of the application for bankruptcy; and (b) caused bankruptcy process to be triggered. (3) A transaction between a bankrupt and his associate entered into during the period of two years preceding the date of making of the application for bankruptcy shall be deemed to be an undervalued transaction under this section. (4) On the application of the bankruptcy trustee under sub-section (1), the Adjudicating Authority may— (a) pass an order declaring an undervalued transaction void; (b) pass an order requiring any property transferred as a part of an undervalued transaction to be vested with the bankruptcy trustee as a part of the estate of the bankrupt; and (c) pass any other order it thinks fit for restoring the position to what it would have been if the bankrupt had not entered into the undervalued transaction. (5) The order under clause (a) of sub-section (4) shall not be passed if it is proved by the bankrupt that the transaction was undertaken in the ordinary course of business of the bankrupt: Provided that the provisions of this sub-section shall not be applicable to undervalued transaction entered into between a bankrupt and his associate under sub-section (3) of this section. (6) For the purposes of this section, a bankrupt enters into an undervalued transaction with any person if— (a) he makes a gift to that person; (b) no consideration has been received by that person from the bankrupt; (c) it is in consideration of marriage; or (d) it is for a consideration, the value of which in money or money’s worth is significantly less than the value in money or money’s worth of the consideration provided by the bankrupt. **165. Preference transactions.—(1) The bankruptcy trustee may apply to the Adjudicating Authority** for an order under this section if a bankrupt has given a preference to any person. (2) The transaction giving preference to an associate of the bankrupt under sub-section (1) should have been entered into by the bankrupt with the associate during the period of two years ending on the date of the application for bankruptcy. 106 ----- (3) Any transaction giving preference not covered under sub-section (2) should have been entered into by the bankrupt during the period of six months ending on the date of the application for bankruptcy. (4) The transaction giving preference under sub-section (2) or under sub-section (3) should have caused the bankruptcy process to be triggered. (5) On the application of the bankruptcy trustee under sub-section (1), the Adjudicating Authority may— (a) pass an order declaring a transaction giving preference void; (b) pass an order requiring any property transferred in respect of a transaction giving preference to be vested with the bankruptcy trustee as a part of the estate of the bankrupt; and (c) pass any other order it thinks fit for restoring the position to what it would have been if the bankrupt had not entered into the transaction giving preference. (6) The Adjudicating Authority shall not pass an order under sub-section (5) unless the bankrupt was influenced in his decision of giving preference to a person by a desire to produce in relation to that person an effect under clause (b) of sub-section (8). (7) For the purpose of sub-section (6), if the person is an associate of the bankrupt, (otherwise than by reason only of being his employee), at the time when the preference was given, it shall be presumed that the bankrupt was influenced in his decision under that sub-section. (8) For the purposes of this section, a bankrupt shall be deemed to have entered into a transaction giving preference to any person if— (a) the person is the creditor or surety or guarantor for any debt of the bankrupt; and (b) the bankrupt does anything or suffers anything to be done which has the effect of putting that person into a position which, in the event of the debtor becoming a bankrupt, will be better than the position he would have been in, if that thing had not been done. **166. Effect of order.—(1) Subject to the provision of sub-section (2), an order passed by the** Adjudicating Authority under section 164 or section 165 shall not,— (a) give rise to a right against a person interested in the property which was acquired in an undervalued transaction or a transaction giving preference, whether or not he is the person with whom the bankrupt entered into such transaction; and (b) require any person to pay a sum to the bankruptcy trustee in respect of the benefit received from the undervalued transaction or a transaction giving preference, whether or not he is the person with whom the bankrupt entered into such transaction. (2) The provision of sub-section (1) shall apply only if the interest was acquired or the benefit was received— (a) in good faith; (b) for value; (c) without notice that the bankrupt entered into the transaction at an undervalue or for giving preference; (d) without notice that the bankrupt has filed an application for bankruptcy or a bankruptcy order has been passed; and (e) by any person who at the time of acquiring the interest or receiving the benefit was not an associate of the bankrupt. 107 ----- (3) Any sum required to be paid to the bankruptcy trustee under sub-section (1) shall be included in the estate of the bankrupt. **167. Extortionate credit transactions.—(1) Subject to sub-section (6), on an application by the** bankruptcy trustee, the Adjudicating Authority may make an order under this section in respect of extortionate credit transactions to which the bankrupt is or has been a party. (2) The transactions under sub-section (1) should have been entered into by the bankrupt during the period of two years ending on the bankruptcy commencement date. (3) An order of the Adjudicating Authority may— (a) set aside the whole or part of any debt created by the transaction; (b) vary the terms of the transaction or vary the terms on which any security for the purposes of the transaction is held; (c) require any person who has been paid by the bankrupt under any transaction, to pay a sum to the bankruptcy trustee; (d) require any person to surrender to the bankruptcy trustee any property of the bankrupt held as security for the purposes of the transaction. (4) Any sum paid or any property surrendered to the bankruptcy trustee shall be included in the estate of the bankrupt. (5) For the purposes of this section, an extortionate credit transaction is a transaction for or involving the provision of credit to the bankrupt by any person— (a) on terms requiring the bankrupt to make exorbitant payments in respect of the credit provided; or (b) which is unconscionable under the principles of law relating to contracts. (6) Any debt extended by a person regulated for the provision of financial services in compliance with the law in force in relation to such debt, shall not be considered as an extortionate credit transaction under this section. **168. Obligation under contracts.—(1) This section shall apply where a contract has been entered** into by the bankrupt with a person before the bankruptcy commencement date. (2) Any party to a contract, other than the bankrupt under sub-section (1), may apply to the Adjudicating Authority for— (a) an order discharging the obligations of the applicant or the bankrupt under the contract; and (b) payment of damages by the party or the bankrupt, for non-performance of the contract or otherwise. (3) Any damages payable by the bankrupt by virtue of an order under clause (b) of sub-section (2) shall be provable as bankruptcy debt. (4) When a bankrupt is a party to the contract under this section jointly with another person, that person may sue or be sued in respect of the contract without joinder of the bankrupt. **169. Continuance of proceedings on death of bankrupt.—If a bankrupt dies, the bankruptcy** proceedings shall, continue as if he were alive. **170. Administration of estate of deceased bankrupt.—(1) All the provisions of Chapter V relating** to the administration and distribution of the estate of the bankrupt shall, so far as the same are applicable, apply to the administration of the estate of a deceased bankrupt. 108 ----- (2) While administering the estate of a deceased bankrupt, the bankruptcy trustee shall have regard to the claims by the legal representatives of the deceased bankrupt to payment of the proper funeral and testamentary expenses incurred by them. (3) The claims under sub-section (2) shall rank equally to the secured creditors in the priority provided under section 178. (4) If, on the administration of the estate of a deceased bankrupt, any surplus remains in the hands of the bankruptcy trustee after payment in full of all the debts due from the deceased bankrupt, together with the costs of the administration and interest as provided under section 178, such surplus shall be paid to the legal representatives of the estate of the deceased bankrupt or dealt with in such manner as may be prescribed. **171. Proof of debt.—(1) The bankruptcy trustee shall give notice to each of the creditors to submit** proof of debt within fourteen days of preparing the list of creditors under section 132. (2) The proof of debt shall— (a) require the creditor to give full particulars of debt, including the date on which the debt was contracted and the value at which that person assesses it; (b) require the creditor to give full particulars of the security, including the date on which the security was given and the value at which that person assesses it; (c) be in such form and manner as may be prescribed. (3) In case the creditor is a decree holder against the bankrupt, a copy of the decree shall be a valid proof of debt. (4) Where a debt bears interest, that interest shall be provable as part of the debt except in so far as it is owed in respect of any period after the bankruptcy commencement date. (5) The bankruptcy trustee shall estimate the value of any bankruptcy debt which does not have a specific value. (6) The value assigned by the bankruptcy trustee under sub-section (5) shall be the amount provable by the concerned creditor. (7) A creditor may prove for a debt where payment would have become due at a date later than the bankruptcy commencement date as if it were owed presently and may receive dividends in a manner as may be prescribed. (8) Where the bankruptcy trustee serves a notice under sub-section (1) and the person on whom the notice is served does not file a proof of security within thirty days after the date of service of the notice, the bankruptcy trustee may, with leave of the Adjudicating Authority, sell or dispose of any property that was subject to the security, free of that security. **172. Proof of debt by secured creditors.—(1) Where a secured creditor realises his security, he may** produce proof of the balance due to him. (2) Where a secured creditor surrenders his security to the bankruptcy trustee for the general benefit of the creditors, he may produce proof of his whole claim. **173. Mutual credit and set-off.—(1) Where before the bankruptcy commencement date, there have** been mutual dealings between the bankrupt and any creditor, the bankruptcy trustee shall— (a) take an account of what is due from each party to the other in respect of the mutual dealings and the sums due from one party shall be set-off against the sums due from the other; and 109 ----- (b) only the balance shall be provable as a bankruptcy debt or as the amount payable to the bankruptcy trustee as part of the estate of the bankrupt. (2) Sums due from the bankrupt to another party shall not be included in the account taken by the bankruptcy trustee under sub-section (1), if that other party had notice at the time they became due that an application for bankruptcy relating to the bankrupt was pending. **174. Distribution of interim dividend.—(1) Whenever the bankruptcy trustee has sufficient funds in** his hand, he may declare and distribute interim dividend among the creditors in respect of the bankruptcy debts which they have respectively proved. (2) Where the bankruptcy trustee has declared any interim dividend, he shall give notice of such dividend and the manner in which it is proposed to be distributed. (3) In the calculation and distribution of the interim dividend, the bankruptcy trustee shall make provision for— (a) any bankruptcy debts which appear to him to be due to persons who, by reason of the distance of their place of residence, may not have had sufficient time to tender and establish their debts; and (b) any bankruptcy debts which are subject of claims which have not yet been determined; (c) disputed proofs and claims; and (d) expenses necessary for the administration of the estate of the bankrupt. **175. Distribution of property.—(1) The bankruptcy trustee may, with the approval of the committee** of creditors, divide in its existing form amongst the creditors, according to its estimated value, any property in its existing form which from its peculiar nature or other special circumstances cannot be readily or advantageously sold. (2) An approval under sub-section (1) shall be sought by the bankruptcy trustee for each transaction, and a person dealing with the bankruptcy trustee in good faith and for value shall not be required to enquire whether any approval required under sub-section (1) has been given. (3) Where the bankruptcy trustee has done anything without the approval of the committee of creditors, the committee may, for the purpose of enabling him to meet his expenses out of the estate of the bankrupt, ratify the act of the bankruptcy trustee. (4) The committee of the creditors shall not ratify the act of the bankruptcy trustee under sub-section (3) unless it is satisfied that the bankruptcy trustee acted in a case of urgency and has sought its ratification without undue delay. **176. Final dividend.—(1) Where the bankruptcy trustee has realised the entire estate of the bankrupt** or so much of it as could be realised in the opinion of the bankruptcy trustee, he shall give notice— (a) of his intention to declare a final dividend; or (b) that no dividend or further dividend shall be declared. (2) The notice under sub-section (1) shall contain such particulars as may be prescribed and shall require all claims against the estate of the bankrupt to be established by a final date specified in the notice. (3) The Adjudicating Authority may, on the application of any person interested in the administration of the estate of the bankrupt, postpone the final date referred to in sub-section (2). (4) After the final date referred to in sub-section (2), the bankruptcy trustee shall— (a) defray any outstanding expenses of the bankruptcy out of the estate of the bankrupt; and 110 ----- (b) if he intends to declare a final dividend, declare and distribute that dividend among the creditors who have proved their debts, without regard to the claims of any other persons. (5) If a surplus remains after payment in full with interest to all the creditors of the bankrupt and the payment of the expenses of the bankruptcy, the bankrupt shall be entitled to the surplus. (6) Where a bankruptcy order has been passed in respect of one partner in a firm, a creditor to whom the bankrupt is indebted jointly with the other partners in the firm or any of them shall not receive any dividend out of the separate property of the bankrupt until all the separate creditors have received the full amount of their respective debts. **177. Claims of creditors.—(1) A creditor who has not proved his debt before the declaration of any** dividend is not entitled to disturb, by reason that he has not participated in it, the distribution of that dividend or any other dividend declared before his debt was proved, but— (a) when he has proved the debt, he shall be entitled to be paid any dividend or dividends which he has failed to receive, out of any money for the time being available for the payment of any further dividend; and (b) any dividend or dividends payable to him shall be paid before that money is applied to the payment of any such further dividend. (2) No action shall lie against the bankruptcy trustee for a dividend, but if the bankruptcy trustee refuses to pay a dividend payable under sub-section (1), the Adjudicating Authority may order him to— (a) pay the dividend; and Final dividend. (b) pay, out of his own money— (i) interest on the dividend; and (ii) the costs of the proceedings in which the order to pay has been made. **178. Priority of payment of debts.—(1) Notwithstanding anything to the contrary contained in any** law enacted by the Parliament or the State Legislature for the time being in force, in the distribution of the final dividend, the following debts shall be paid in priority to all other debts— (a) firstly, the costs and expenses incurred by the bankruptcy trustee for the bankruptcy process in full; (b) secondly,— (i) the workmen’s dues for the period of twenty-four months preceding the bankruptcy commencement date; and (ii) debts owed to secured creditors; (c) thirdly, wages and any unpaid dues owed to employees, other than workmen, of the bankrupt for the period of twelve months preceding the bankruptcy commencement date; (d) fourthly, any amount due to the Central Government and the State Government including the amount to be received on account of Consolidated Fund of India and the Consolidated Fund of a State, if any, in respect of the whole or any part of the period of two years preceding the bankruptcy commencement date; (e) lastly, all other debts and dues owed by the bankrupt including unsecured debts. (2) The debts in each class specified in sub-section (1) shall rank in the order mentioned in that sub-section but debts of the same class shall rank equally amongst themselves, and shall be paid in full, unless the estate of the bankrupt is insufficient to meet them, in which case they shall abate in equal proportions between themselves. 111 ----- (3) Where any creditor has given any indemnity or has made any payment of moneys by virtue of which any asset of the bankrupt has been recovered, protected or preserved, the Adjudicating Authority may make such order as it thinks just with respect to the distribution of such asset with a view to giving that creditor an advantage over other creditors in consideration of the risks taken by him in so doing. (4) Unsecured creditors shall rank equally amongst themselves unless contractually agreed to the contrary by such creditors. (5) Any surplus remaining after the payment of the debts under sub-section (1) shall be applied in paying interest on those debts in respect of the periods during which they have been outstanding since the bankruptcy commencement date. (6) Interest payments under sub-section (5) shall rank equally irrespective of the nature of the debt. (7) In the case of partners, the partnership property shall be applicable in the first instance in payment of the partnership debts and the separate property of each partner shall be applicable in the first instance in payment of his separate debts. (8) Where there is a surplus of the separate property of the partners, it shall be dealt with as part of the partnership property; and where there is a surplus of the partnership property, it shall be dealt with as part of the respective separate property in proportion to the rights and interests of each partner in the partnership property. CHAPTER VI ADJUDICATING AUTHORITY FOR INDIVIDUALS AND PARTNERSHIP FIRMS **179. Adjudicating authority for individuals and partnership firms.—(1) Subject to the provisions** of section 60, the Adjudicating Authority, in relation to insolvency matters of individuals and firms shall be the Debt Recovery Tribunal having territorial jurisdiction over the place where the individual debtor actually and voluntarily resides or carries on business or personally works for gain and can entertain an application under this Code regarding such person. (2) The Debt Recovery Tribunal shall, notwithstanding anything contained in any other law for the time being in force, have jurisdiction to entertain or dispose of— (a) any suit or proceeding by or against the individual debtor; (b) any claim made by or against the individual debtor; (c) any question of priorities or any other question whether of law or facts, arising out of or in relation to insolvency and bankruptcy of the individual debtor or firm under this Code. (3) Notwithstanding anything contained in the Limitation Act, 1963 (14 of 1963) or in any other law for the time being in force, in computing the period of limitation specified for any suit or application in the name and on behalf of a debtor for which an order of moratorium has been made under this Part, the period during which such moratorium is in place shall be excluded. **180. Civil court not to have jurisdiction.—(1) No civil court or authority shall have jurisdiction to** entertain any suit or proceedings in respect of any matter on which the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal has jurisdiction under this Code. (2) No injunction shall be granted by any court, tribunal or authority in respect of any action taken, or to be taken, in pursuance of any power conferred on the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal by or under this Code. **181. Appeal to Debt Recovery Appellate Tribunal.—(1) An appeal from an order of the Debt** Recovery Tribunal under this Code shall be filed within thirty days before the Debt Recovery Appellate Tribunal. 112 ----- (2) The Debt Recovery Appellate Tribunal may, if it is satisfied that a person was prevented by sufficient cause from filing an appeal within thirty days, allow the appeal to be filed within a further period not exceeding fifteen days. **182. Appeal to Supreme Court.—(1) An appeal from an order of the Debt Recovery Appellate** Tribunal on a question of law under this Code shall be filed within forty-five days before the Supreme Court. (2) The Supreme Court may, if it is satisfied that a person was prevented by sufficient cause from filing an appeal within forty-five days, allow the appeal to be filed within a further period not exceeding fifteen days. **183. Expeditious disposal of applications.—Where an application is not disposed of or order is not** passed within the period specified in this Code, the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal, as the case may be, shall record the reasons for not doing so within the period so specified; and the Chairperson of the Debt Recovery Appellate Tribunal, after taking into account the reasons so recorded, extend the period specified in this Code, but not exceeding ten days. CHAPTER VII OFFENCES AND PENALTIES **184. Punishment for false information, etc., by creditor in insolvency resolution process.—(1) If** a debtor or creditor provides information which is false in any material particulars to the resolution professional, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees, or with both. (2) If a creditor promises to vote in favour of the repayment plan dishonestly by accepting any money, property or security from the debtor, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to three times the amount or its equivalent of such money, property or security accepted by such creditor, as the case may be, or with both: Provided that where such amount is not quantifiable, the total amount of fine shall not exceed five lakh rupees. **185. Punishment for contravention of provisions.—If an insolvency professional deliberately** contravenes the provisions of this Part, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, which shall not be less than one lakh rupees, but may extend to five lakhs rupees, or with both. **186. Punishment for false information, concealment, etc., by bankrupt.—If the bankrupt—** (a) knowingly makes a false representation or wilfully omits or conceals any material information while making an application for bankruptcy under section 122 or while providing any information during the bankruptcy process, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five lakh rupees, or with both; _Explanation.—For the purposes of clause (a), a false representation or omission includes non-_ disclosure of the details of disposal of any property, which but for the disposal, would be comprised in the estate of the bankrupt, other than dispositions made in the ordinary course of business carried on by the bankrupt; (b) fraudulently has failed to provide or deliberately withheld the production of, destroyed, falsified or altered, his books of account, financial information and other records under his custody or control, he shall be punishable with imprisonment which may extend to one year, or with fine, which may extend to five lakh rupees, or with both; 113 ----- (c) has contravened the restrictions under section 140 or the provisions of section 141, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, which may extend to five lakh rupees, or with both; (d) has failed to deliver the possession of any property comprised in the estate of the bankrupt under his possession or control, which he is required to deliver under section 156, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, which may extend to five lakh rupees, or with both; (e) has failed to account, without any reasonable cause or satisfactory explanation, for any loss incurred of any substantial part of his property comprised in the estate of the bankrupt from the date which is twelve months before the filing of the bankruptcy application, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, which may extend to three times of the value of the loss, or with both: Provided that that where such loss is not quantifiable, the total amount of fine imposed shall not exceed five lakh rupees; (f) has absconded or attempts to absconds after the bankruptcy commencement date, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to five lakh rupees, or with both; _Explanation.—For the purposes of this clause, a bankrupt shall be deemed to have absconded if_ he leaves, or attempts to leave the country without delivering the possession of any property which he is required to deliver to the bankruptcy trustee under section 156. **187. Punishment for certain actions.—If a bankruptcy trustee,—** (a) has fraudulently misapplied, retained or accounted for any money or property comprised in the estate of the bankrupt; or (b) has wilfully acted in a manner that the estate of the bankrupt has suffered any loss in consequence of breach of any duty of the bankruptcy trustee in carrying out his functions under section 149, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, which shall not be less than three times the amount of the loss caused, or likely to have been caused, to persons concerned on account of such contravention, or with both: Provided that where such loss or unlawful gain is not quantifiable, the total amount of fine imposed shall not exceed five lakh rupees: Provided further that the bankruptcy trustee shall not be liable under this section if he seizes or disposes of any property which is not comprised in the estate of the bankrupt and at that time had reasonable grounds to believe that he is entitled to seize or dispose that property. PART IV REGULATION OF INSOLVENCY PROFESSIONALS, AGENCIES AND INFORMATION UTILITIES CHAPTER I THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA **188. Establishment and incorporation of Board.—(1) With effect from such date as the Central** Government may, by notification, appoint, there shall be established, for the purposes of this Code, a Board by the name of the Insolvency and Bankruptcy Board of India. 114 ----- (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Code, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the Board shall be at such place in the National Capital Region, as the Central Government may, by notification, specify. _Explanation.—For the purposes of this section, the expression “National Capital Region” shall have_ the same meaning as assigned to it in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985). (4) The Board may establish offices at other places in India. **189. Constitution of Board.—(1) The Board shall consist of the following members who shall be** appointed by the Central Government, namely:— (a) a Chairperson; (b) three members from amongst the officers of the Central Government not below the rank of Joint Secretary or equivalent, one each to represent the Ministry of Finance, the Ministry of Corporate Affairs and Ministry of Law, ex officio; (c) one member to be nominated by the Reserve Bank of India, ex officio; (d) five other members to be nominated by the Central Government, of whom at least three shall be the whole-time members. (2) The Chairperson and the other members shall be persons of ability, integrity and standing, who have shown capacity in dealing with problems relating to insolvency or bankruptcy and have special knowledge and experience in the field of law, finance, economics, accountancy or administration. (3) The appointment of the Chairperson and the members of the Board other than the appointment of an ex officio member under this section shall be made after obtaining the recommendation of a selection committee consisting of— (a) Cabinet Secretary—Chairperson; (b) Secretary to the Government of India to be nominated by the Central Government—Member; (c) Chairperson of the Insolvency and Bankruptcy Board of India (in case of selection of members of the Board)—Member; (d) three experts of repute from the field of finance, law, management, insolvency and related subjects, to be nominated by the Central Government—Members. (4) The term of office of the Chairperson and members (other than ex officio members) shall be five years or till they attain the age of sixty-five years, whichever is earlier, and they shall be eligible for reappointment. (5) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and members (other than the ex officio members) shall be such as may be prescribed. **190. Removal of member from office.—The Central Government may remove a member from** office if he— (a) is an undischarged bankrupt as defined under Part III; (b) has become physically or mentally incapable of acting as a member; (c) has been convicted of an offence, which in the opinion of the Central Government involves moral turpitude; 115 ----- (d) has, so abused his position as to render his continuation in office detrimental to the public interest: Provided that no member shall be removed under clause (d) unless he has been given a reasonable opportunity of being heard in the matter. **191. Powers of Chairperson.—Save as otherwise determined by regulations, the Chairperson shall** have powers of general superintendence and direction of the affairs of the Board and may also exercise such other powers as may be delegated to him by the Board. **192. Meetings of Board.—(1) The Board shall meet at such times and places, and observe such rules** of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be determined by regulations. (2) The Chairperson, or if, for any reason, the Chairperson is unable to attend any meeting of the Board, any other member chosen by the members present at the meeting shall preside at the meeting. (3) All questions which come up before any meeting of the Board shall be decided by a majority votes of the members present and voting, and, in the event of an equality of votes, the Chairperson, or in his absence, the person presiding, shall have a second or casting vote. **193. Member not to participate in meetings in certain cases.—Any member, who is a director of a** company and who as such director has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the Board, shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the Board, and the member shall not take any part in any deliberation or decision of the Board with respect to that matter. **194. Vacancies, etc., not to invalidate proceedings of Board, Officers and employees of** **Board.—(1) No act or proceeding of the Board shall be invalid merely by reason of—** (a) any vacancy in, or any defect in the constitution of, the Board; or (b) any defect in the appointment of a person acting as a member of the Board; or (c) any irregularity in the procedure of the Board not affecting the merits of the case. (2) The Board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions in such manner as may be specified. (3) The salaries and allowances payable to, and other terms and conditions of service of, officers and employees of the Board appointed under sub-section (2) shall be such as may be specified by regulations. **195. Power to designate financial sector regulator.—Until the Board is established, the Central** Government may by notification, designate any financial sector regulator to exercise the powers and functions of the Board under this Code. CHAPTER II POWERS AND FUNCTIONS OF THE BOARD **196. Powers and functions of Board.—(1) The Board shall, subject to the general direction of the** Central Government, perform all or any of the following functions namely:— (a) register insolvency professional agencies, insolvency professionals and information utilities and renew, withdraw, suspend or cancel such registrations; 116 ----- 1[(aa) promote the development of, and regulate, the working and practices of, insolvency professionals, insolvency professional agencies and information utilities and other institutions, in furtherance of the purposes of this Code;] (b) specify the minimum eligibility requirements for registration of insolvency professional agencies, insolvency professionals and information utilities; (c) levy fee or other charges [2][for carrying out the purposes of this Code, including fee for registration and renewal] of insolvency professional agencies, insolvency professionals and information utilities; (d) specify by regulations standards for the functioning of insolvency professional agencies, insolvency professionals and information utilities; (e) lay down by regulations the minimum curriculum for the examination of the insolvency professionals for their enrolment as members of the insolvency professional agencies; (f) carry out inspections and investigations on insolvency professional agencies, insolvency professionals and information utilities and pass such orders as may be required for compliance of the provisions of this Code and the regulations issued hereunder; (g) monitor the performance of insolvency professional agencies, insolvency professionals and information utilities and pass any directions as may be required for compliance of the provisions of this Code and the regulations issued hereunder; (h) call for any information and records from the insolvency professional agencies, insolvency professionals and information utilities; (i) publish such information, data, research studies and other information as may be specified by regulations; (j) specify by regulations the manner of collecting and storing data by the information utilities and for providing access to such data; (k) collect and maintain records relating to insolvency and bankruptcy cases and disseminate information relating to such cases; (l) constitute such committees as may be required including in particular the committees laid down in section 197; (m) promote transparency and best practices in its governance; (n) maintain websites and such other universally accessible repositories of electronic information as may be necessary; (o) enter into memorandum of understanding with any other statutory authorities; (p) issue necessary guidelines to the insolvency professional agencies, insolvency professionals and information utilities; (q) specify mechanism for redressal of grievances against insolvency professionals, insolvency professional agencies and information utilities and pass orders relating to complaints filed against the aforesaid for compliance of the provisions of this Code and the regulations issued hereunder; 1. Ins. by Act 26 of 2018, s 32 (w.e.f. 6-6-2018) 2. Subs by s 32, ibid, for “for the registration” (w.e.f. 6-6-2018) 117 ----- (r) conduct periodic study, research and audit the functioning and performance of to the insolvency professional agencies, insolvency professionals and information utilities at such intervals as may be specified by the Board; (s) specify mechanisms for issuing regulations, including the conduct of public consultation processes before notification of any regulations; (t) make regulations and guidelines on matters relating to insolvency and bankruptcy as may be required under this Code, including mechanism for time bound disposal of the assets of the corporate debtor or debtor; and (u) perform such other functions as may be prescribed. (2) The Board may make model bye-laws to be to adopted by insolvency professional agencies which may provide for— (a) the minimum standards of professional competence of the members of insolvency professional agencies; (b) the standards for professional and ethical conduct of the members of insolvency professional agencies; (c) requirements for enrolment of persons as members of insolvency professional agencies which shall be non-discriminatory; _Explanation.—For the purposes of this clause, the term “non-discriminatory” means lack of_ discrimination on the grounds of religion, caste, gender or place of birth and such other grounds as may be specified; (d) the manner of granting membership; (e) setting up of a governing board for internal governance and management of insolvency professional agency in accordance with the regulations specified by the Board; (f) the information required to be submitted by members including the form and the time for submitting such information; (g) the specific classes of persons to whom services shall be provided at concessional rates or for no remuneration by members; (h) the grounds on which penalties may be levied upon the members of insolvency professional agencies and the manner thereof; (i) a fair and transparent mechanism for redressal of grievances against the members of insolvency professional agencies; (j) the grounds under which the insolvency professionals may be expelled from the membership of insolvency professional agencies; (k) the quantum of fee and the manner of collecting fee for inducting persons as its members; (l) the procedure for enrolment of persons as members of insolvency professional agency; (m) the manner of conducting examination for enrolment of insolvency professionals; (n) the manner of monitoring and reviewing the working of insolvency professional who are members; (o) the duties and other activities to be performed by members; (p) the manner of conducting disciplinary proceedings against its members and imposing penalties; 118 ----- (q) the manner of utilising the amount received as penalty imposed against any insolvency professional. (3) Notwithstanding anything contained in any other law for the time being in force, while exercising the powers under this Code, the Board shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:— (i) the discovery and production of books of account and other documents, at such place and such time as may be specified by the Board; (ii) summoning and enforcing the attendance of persons and examining them on oath; (iii) inspection of any books, registers and other documents of any person at any place; (iv) issuing of commissions for the examination of witnesses or documents. **197. Constitution of advisory committee, executive committee or other committee.—The Board** may, for the efficient discharge of its functions, may constitute advisory and executive committees or such other committees, as it may deem fit, consisting of a Chairperson and such other members as may be specified by regulations. **198. Condonation of delay.—Notwithstanding anything contained in this Code, where the Board** does not perform any act within the period specified under this Code, the relevant Adjudicating Authority may, for reasons to be recorded in writing, condone the delay. CHAPTER III INSOLVENCY PROFESSIONAL AGENCIES **199. No person to function as insolvency professional agency without valid certificate of** **registration.—Save as otherwise provided in this Code, no person shall carry on its business as** insolvency professional agencies under this Code and enrol insolvency professionals as its members except under and in accordance with a certificate of registration issued in this behalf by the Board. **200. Principles governing registration of insolvency professional agency.—The Board shall have** regard to the following principles while registering the insolvency professional agencies under this Code, namely:— (a) to promote the professional development of and regulation of insolvency professionals; (b) to promote the services of competent insolvency professionals to cater to the needs of debtors, creditors and such other persons as may be specified; (c) to promote good professional and ethical conduct amongst insolvency professionals; (d) to protect the interests of debtors, creditors and such other persons as may be specified; (e) to promote the growth of insolvency professional agencies for the effective resolution of insolvency and bankruptcy processes under this Code. **201. Registration of insolvency professional agency.—(1) Every application for registration shall** be made to the Board in such form and manner, containing such particulars, and accompanied by such fee, as may be specified by regulations: Provided that every application received by the Board shall be acknowledged within seven days of its receipt. (2) On receipt of the application under sub-section (1), the Board may, on being satisfied that the application conforms with all requirements specified under sub-section (1), grant a certificate of registration to the applicant or else, reject, by order, such application: 119 ----- Provided that no order rejecting the application shall be made without giving an opportunity of being heard to the applicant: Provided further that every order so made shall be communicated to the applicant within a period of fifteen days. (3) The Board may issue a certificate of registration to the applicant in such form and manner and subject to such terms and conditions as may be specified. (4) The Board may renew the certificate of registration from time to time in such manner and on payment of such fee as may be specified. (5) The Board may, by order, suspend or cancel the certificate of registration granted to an insolvency professional agency on any of the following grounds, namely:— (a) that it has obtained registration by making a false statement or misrepresentation or by any other unlawful means; (b) that it has failed to comply with the requirements of the regulations made by the Board or bye-laws made by the insolvency professional agency; (c) that it has contravened any of the provisions of the Act or the rules or the regulations made thereunder; (d) on any other ground as may be specified by regulations: Provided that no order shall be made under this sub-section unless the insolvency professional agency concerned has been given a reasonable opportunity of being heard: Provided further that no such order shall be passed by any member except whole-time members of the Board. **202. Appeal to National Company Law Appellate Tribunal.—Any insolvency professional agency** which is aggrieved by the order of the Board made under section 201 may prefer an appeal to the National Company Law Appellate Tribunal in such form, within such period, and in such manner, as may be specified by regulations. **203. Governing Board of insolvency professional agency.—The Board may, for the purposes of** ensuring that every insolvency professional agency takes into account the objectives sought to be achieved under this Code, make regulations to specify— (a) the setting up of a governing board of an insolvency professional agency; (b) the minimum number of independent members to be on the governing board of the insolvency professional agency; and (c) the number of the insolvency professionals being its members who shall be on the governing board of the insolvency professional agency. **204. Functions of insolvency professional agencies.—An insolvency professional agency shall** perform the following functions, namely:— (a) grant membership to persons who fulfil all requirements set out in its byelaws on payment of membership fee; (b) lay down standards of professional conduct for its members; (c) monitor the performance of its members; (d) safeguard the rights, privileges and interests of insolvency professionals who are its members; 120 ----- (e) suspend or cancel the membership of insolvency professionals who are its members on the grounds set out in its bye-laws; (f) redress the grievances of consumers against insolvency professionals who are its members; and (g) publish information about its functions, list of its members, performance of its members and such other information as may be specified by regulations. **205. Insolvency professional agencies to make bye-laws.—Subject to the provisions of this Code** and any rules or regulations made thereunder and after obtaining the approval of the Board, every insolvency professional agency shall make bye-laws consistent with the model bye-laws specified by the Board under sub-section (2) of section 196. CHAPTER IV INSOLVENCY PROFESSIONALS **206. Enrolled and registered persons to act as insolvency professionals.—No person shall render** his services as insolvency professional under this Code without being enrolled as a member of an insolvency professional agency and registered with the Board. **207. Registration of insolvency professionals.—(1) Every insolvency professional shall, after** obtaining the membership of any insolvency professional agency, register himself with the Board within such time, in such manner and on payment of such fee, as may be specified by regulations. (2) The Board may specify the categories of professionals or persons possessing such qualifications and experience in the field of finance, law, management, insolvency or such other field, as it deems fit. **208. Functions and obligations of insolvency professionals.—(1) Where any insolvency resolution,** fresh start, liquidation or bankruptcy process has been initiated, it shall be the function of an insolvency professional to take such actions as may be necessary, in the following matters, namely:— (a) a fresh start order process under Chapter II of Part III; (b) individual insolvency resolution process under Chapter III of Part III; (c) corporate insolvency resolution process under Chapter II of Part II; 1[(ca) pre-packaged insolvency resolution process under Chapter III-A of Part II;] (d) individual bankruptcy process under Chapter IV of Part III; and (e) liquidation of a corporate debtor firm under Chapter III of Part II. 1[(1A) Where the name of the insolvency professional proposed to be appointed as a resolution professional, is approved under clause (e) of sub-section (2) of section 54A, it shall be the function of such insolvency professional to take such actions as may be necessary to perform his functions and duties prior to the initiation of the pre-packaged insolvency resolution process under Chapter III-A of Part II.] (2) Every insolvency professional shall abide by the following code of conduct:— (a) to take reasonable care and diligence while performing his duties; (b) to comply with all requirements and terms and conditions specified in the bye-laws of the insolvency professional agency of which he is a member; (c) to allow the insolvency professional agency to inspect his records; 1. Ins. by Act 26 of 2021, s. 14 (w.e.f. 4-4-2021). 121 ----- (d) to submit a copy of the records of every proceeding before the Adjudicating Authority to the Board as well as to the insolvency professional agency of which he is a member; and (e) to perform his functions in such manner and subject to such conditions as may be specified. CHAPTER V INFORMATION UTILITIES **209. No person to function as information utility without certificate of registration.—Save as** otherwise provided in this Code, no person shall carry on its business as information utility under this Code without a certificate of registration issued in that behalf by the Board. **210. Registration of information utility.—(1) Every application for registration shall be made to the** Board in such form and manner, containing such particulars, and accompanied by such fee, as may be specified by regulations: Provided that every application received by the Board shall be acknowledged within seven days of its receipt. (2) On receipt of the application under sub-section (1), the Board may, on being satisfied that the application conforms to all requirements specified under sub-section (1), grant a certificate of registration to the applicant or else, reject, by order, such application. (3) The Board may issue a certificate of registration to the applicant in such form and manner and subject to such terms and conditions as may be specified. (4) The Board may renew the certificate of registration from time to time in such manner and on payment of such fee as may be specified by regulations. (5) The Board may, by order, suspend or cancel the certificate of registration granted to an information utility on any of the following grounds, namely:— (a) that it has obtained registration by making a false statement or misrepresentation or any other unlawful means; (b) that it has failed to comply with the requirements of the regulations made by the Board; (c) that it has contravened any of the provisions of the Act or the rules or the regulations made thereunder; (d) on any other ground as may be specified by regulations: Provided that no order shall be made under this sub-section unless the information utility concerned has been given a reasonable opportunity of being heard: Provided further that no such order shall be passed by any member except whole-time members of the Board. **211. Appeal to National Company Law Appellate Tribunal.—Any information utility which is** aggrieved by the order of the Board made under section 210 may prefer an appeal to the National Company Law Appellate Tribunal in such form, within such period, and in such manner, as may be specified by regulations. **212. Governing Board of information utility.—The Board may, for ensuring that an information** utility takes into account the objectives sought to be achieved under this Code, require every information utility to set up a governing board, with such number of independent members, as may be specified by regulations. 122 ----- **213. Core services, etc., of information utilities.—An information utility shall provide such services** as may be specified including core services to any person if such person complies with the terms and conditions as may be specified by regulations. **214. Obligation of information utility.—For the purposes of providing core services to any person,** every information utility shall— (a) create and store financial information in a universally accessible format; (b) accept electronic submissions of financial information from persons who are under obligations to submit financial information under sub-section (1) of section 215, in such form and manner as may be specified by regulations; (c) accept, in specified form and manner, electronic submissions of financial information from persons who intend to submit such information; (d) meet such minimum service quality standards as may be specified by regulations; (e) get the information received from various persons authenticated by all concerned parties before storing such information; (f) provide access to the financial information stored by it to any person who intends to access such information in such manner as may be specified by regulations; (g) publish such statistical information as may be specified by regulations; (h) have inter-operatability with other information utilities. **215. Procedure for submission, etc., of financial information.—(1) Any person who intends to** submit financial information to the information utility or access the information from the information utility shall pay such fee and submit information in such form and manner as may be specified by regulations. (2) A financial creditor shall submit financial information and information relating to assets in relation to which any security interest has been created, in such form and manner as may be specified by regulations. (3) An operational creditor may submit financial information to the information utility in such form and manner as may be specified. **216. Rights and obligations of persons submitting financial information.—(1) A person who** intends to update or modify or rectify errors in the financial information submitted under section 215, he may make an application to the information utility for such purpose stating reasons therefor, in such manner and within such time, as may be specified. (2) A person who submits financial information to an information utility shall not provide such information to any other person, except to such extent, under such circumstances, and in such manner, as may be specified. CHAPTER VI INSPECTION AND INVESTIGATION **217. Complaints against insolvency professional agency or its member or information utility.—** Any person aggrieved by the functioning of an insolvency professional agency or insolvency professional or an information utility may file a complaint to the Board in such form, within such time and in such manner as may be specified. 123 ----- **218. Investigation of insolvency professional agency or its member or information** **utility.—(1) Where the Board, on receipt of a complaint under section 217 or has reasonable grounds to** believe that any insolvency professional agency or insolvency professional or an information utility has contravened any of the provisions of the Code or the rules or regulations made or directions issued by the Board thereunder, it may, at any time by an order in writing, direct any person or persons to act as an investigating authority to conduct an inspection or investigation of the insolvency professional agency or insolvency professional or an information utility. (2) The inspection or investigation carried out under sub-section (1) of this section shall be conducted within such time and in such manner as may be specified by regulations. (3) The Investigating Authority may, in the course of such inspection or investigation, require any other person who is likely to have any relevant document, record or information to furnish the same, and such person shall be bound to furnish such document, record or information: Provided that the Investigating Authority shall provide detailed reasons to such person before requiring him to furnish such document, record or information. (4) The Investigating Authority may, in the course of its inspection or investigation, enter any building or place where they may have reasons to believe that any such document, record or information relating to the subject-matter of the inquiry may be found and may seize any such document, record or information or take extracts or copies therefrom, subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), insofar as they may be applicable. (5) The Investigating Authority shall keep in its custody the books, registers, other documents and records seized under this section for such period not later than the conclusion of the investigation as it considers necessary and thereafter shall return the same to the concerned person from whose custody or power they were seized: Provided that the Investigating Authority may, before returning such books, registers, other documents and record as aforesaid, place identification marks on them or any part thereof. (6) A detailed report of inspection or investigation shall be submitted to the Board by the Investigating Authority. **219. Show cause notice to insolvency professional agency or its member or information** **utility.—The Board may, upon completion of an inspection or investigation under section 218, issue a** show cause notice to such insolvency professional agency or insolvency professional or information utility, and carry out inspection of such insolvency professional agency or insolvency professional or information utility in such manner, giving such time for giving reply, as may be specified by regulations. **220. Appointment of disciplinary committee.—(1) The Board shall constitute a disciplinary** committee to consider the reports of the investigating Authority submitted under sub-section (6) of section 218: Provided that the members of the disciplinary committee shall consist of whole-time members of the Board only. (2) On the examination of the report of the Investigating Authority, if the disciplinary committee is satisfied that sufficient cause exists, it may impose penalty as specified in sub-section (3) or suspend or cancel the registration of the insolvency professional or, suspend or cancel the registration of insolvency professional agency or information utility as the case may be. 124 ----- (3) Where any insolvency professional agency or insolvency professional or an information utility has contravened any provision of this Code or rules or regulations made thereunder, the disciplinary committee may impose penalty which shall be— (i) three times the amount of the loss caused, or likely to have been caused, to persons concerned on account of such contravention; or (ii) three times the amount of the unlawful gain made on account of such contravention, whichever is higher: Provided that where such loss or unlawful gain is not quantifiable, the total amount of the penalty imposed shall not exceed more than one crore rupees. (4) Notwithstanding anything contained in sub-section (3), the Board may direct any person who has made unlawful gain or averted loss by indulging in any activity in contravention of this Code, or the rules or regulations made thereunder, to disgorge an amount equivalent to such unlawful gain or aversion of loss. (5) The Board may take such action as may be required to provide restitution to the person who suffered loss on account of any contravention from the amount so disgorged, if the person who suffered such loss is identifiable and the loss so suffered is directly attributable to such person. (6) The Board may make regulations to specify— (a) the procedure for claiming restitution under sub-section (5); (b) the period within which such restitution may be claimed; and (c) the manner in which restitution of amount may be made. CHAPTER VII FINANCE, ACCOUNTS AND AUDIT **221. Grants by Central Government.—The Central Government may, after due appropriation made** by Parliament by law in this behalf, make to the Board grants of such sums of money as that Government may think fit for being utilised for the purposes of this Code. **222. Board’s Fund.—(1) There shall be constituted a Fund to be called the Fund of the Insolvency** and Bankruptcy Board and there shall be credited thereto— (a) all grants, fees and charges received by the Board under this Code; (b) all sums received by the Board from such other sources as may be decided upon by the Central Government; (c) such other funds as may be specified by the Board or prescribed by the Central Government. (2) The Fund shall be applied for meeting— (a) the salaries, allowances and other remuneration of the members, officers and other employees of the Board; (b) the expenses of the Board in the discharge of its functions under section 196; (c) the expenses on objects and for purposes authorised by this Code; (d) such other purposes as may be prescribed. 125 ----- **223. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Board shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board. (4) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. PART V MISCELLENEOUS **224. Insolvency and Bankruptcy Fund.—(1) There shall be formed a Fund to be called the** Insolvency and Bankruptcy Fund (hereafter in this section referred to as the “Fund”) for the purposes of insolvency resolution, liquidation and bankruptcy of persons under the Code. (2) There shall be credited to the Fund the following amounts, namely— (a) the grants made by the Central Government for the purposes of the Fund; (b) the amount deposited by persons as contribution to the Fund; (c) the amount received in the Fund from any other source; and (d) the interest or other income received out of the investment made from the Fund. (3) A person who has contributed any amount to the Fund may, in the event of proceedings initiated in respect of such person under this Code before an Adjudicating Authority, make an application to such Adjudicating Authority for withdrawal of funds not exceeding the amount contributed by it, for making payments to workmen, protecting the assets of such persons, meeting the incidental costs during the proceedings or such other purposes as may be prescribed. (4) The Central Government shall, by notification, appoint an administrator to administer the fund in such manner as may be prescribed. **225. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing** provisions of this Code, the Board shall, in exercise of its powers or the performance of its functions under this Code, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time: Provided that the Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Central Government as to whether a question is one of policy or not shall be final. **226. Power of Central Government to supersede Board.—(1) If at any time the Central** Government is of opinion— (a) that on account of grave emergency, the Board is unable to discharge the functions and duties imposed on it by or under the provisions of this Code; or (b) that the Board has persistently not complied with any direction issued by the Central Government under this Code or in the discharge of the functions and duties imposed on it by or under 126 ----- the provisions of this Code and as a result of such noncompliance the financial position of the Board or the administration of the Board has deteriorated; or (c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification, supersede the Board for such period, not exceeding six months, as may be specified in the notification. (2) Upon the publication of a notification under sub-section (1) superseding the Board,— (a) all the members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Code, be exercised or discharged by or on behalf of the Board, shall until the Board is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; and (c) all property owned or controlled by the Board shall, until the Board is reconstituted under sub-section (3), vest in the Central Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may reconstitute the Board by a fresh appointment and in such case any person or persons who vacated their offices under clause (a) of sub-section (2), shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time, before the expiration of the period of supersession, take action under this sub-section. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest. **227. Power of Central Government to notify financial service providers, etc.—Notwithstanding** anything to the contrary [1][contained in this Code] or any other law for the time being in force, the Central Government may, if it considers necessary, in consultation with the appropriate financial sector regulators, notify financial service providers or categories of financial service providers for the purpose of their insolvency and liquidation proceedings, which may be conducted under this Code, in such manner as may be prescribed. 2[Explanation.—For the removal of doubts, it is hereby clarified that the insolvency and liquidation proceedings for financial service providers or categories of financial service providers may be conducted with such modifications and in such manner as may be prescribed.] **228. Budget.—The Board shall prepare, in such form and at such time in each financial year as may** be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Board and forward the same to the Central Government. **229. Annual report.—(1) The Board shall prepare, in such form and at such time in each financial** year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government. (2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before each House of Parliament. **230. Delegation.—The Board may, by general or special order in writing delegate to any member or** officer of the Board subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Code (except the powers under section 240, as it may deem necessary. 1. Subs. by Act 1 of 2020, s. 11, for “examined in this Code” (w.e.f. 28-12-2019). 2. Ins. by Act 1 of 2020, s. 11 (w.e.f.28-12-2019). 127 ----- **231. Bar of jurisdiction.—No civil court shall have jurisdiction in respect of any matter in which the** 1[Adjudicating Authority or Board] is empowered by, or under, this Code to pass any order and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any order passed by such [2][Adjudicating Authority or Board] under this Code. **232. Members, officers and employees of Board to the public servants.—The Chairperson,** Members, officers and other employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Code, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **233. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Government or any officer of the Government, or the Chairperson, Member, officer or other employee of the Board or an insolvency professional or liquidator for anything which is in done or intended to be done in good faith under this Code or the rules or regulations made thereunder. **234. Agreements with foreign countries.—(1) The Central Government may enter into an** agreement with the Government of any country outside India for enforcing the provisions of this Code. (2) The Central Government may, by notification in the Official Gazette, direct that the application of provisions of this Code in relation to assets or property of corporate debtor or debtor, including a personal guarantor of a corporate debtor, as the case may be, situated at any place in a country outside India with which reciprocal arrangements have been made, shall be subject to such conditions as may be specified. **235. Letter of request to a country outside India in certain cases.—(1) Notwithstanding anything** contained in this Code or any law for the time being in force if, in the course of insolvency resolution process, or liquidation or bankruptcy proceedings, as the case may be, under this Code, the resolution professional, liquidator or bankruptcy trustee, as the case may be, is of the opinion that assets of the corporate debtor or debtor, including a personal guarantor of a corporate debtor, are situated in a country outside India with which reciprocal arrangements have been made under section 234, he may make an application to the Adjudicating Authority that evidence or action relating to such assets is required in connection with such process or proceeding. (2) The Adjudicating Authority on receipt of an application under sub-section (1) and, on being satisfied that evidence or action relating to assets under sub-section (1) is required in connection with insolvency resolution process or liquidation or bankruptcy proceeding, may issue a letter of request to a court or an authority of such country competent to deal with such request. 2[235A. **Punishment where no specific penalty or punishment is provided.—If any person** contravenes any of the provisions of this Code or the rules or regulations made thereunder for which no penalty or punishment is provided in this Code, such person shall be punishable with fine which shall not be less than one lakh rupees but which may extend to two crore rupees.] **236. Trial of offences by Special Court.—(1) Notwithstanding anything in the Code of Criminal** Procedure, 1973 (2 of 1974), offences under this Code shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013 (18 of 2013). (2) No Court shall take cognizance of any offence punishable under this Act, save on a complaint made by the Board or the Central Government or any person authorised by the Central Government in this behalf. (3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be 1. Subs. by Act 26 of 2018, s. 33, for “Adjudicating Authority” (w.e.f. 6-6-2018). 2. Ins. by Act 8 of 2018, s. 8 (w.e.f. 23-11-2017). 128 ----- deemed to be a Court of Session and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in case of a complaint under sub-section (2), the presence of the person authorised by the Central Government or the Board before the Court trying the offences shall not be necessary unless the Court requires his personal attendance at the trial. **237. Appeal and revision.—The High Court may exercise, so far as may be applicable, all the** powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court. **238. Provisions of this Code to override other laws.—The provisions of this Code shall have effect,** notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law. 1[238A. Limitation.—The provisions of the Limitation Act, 1963 shall, as far as may be, apply to the proceedings or appeals before the Adjudicating Authority, the National Company Law Appellate Tribunal, the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal, as the case may be.] **239. Power to make rules.—(1) The Central Government may, by notification, make rules for** carrying out the provisions of this Code. (2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for any of the following matters, namely:— (a) any other instrument which shall be a financial product under clause (15) of section 3; (b) other accounting standards which shall be a financial debt under clause (d) of sub-section (8) of section 5; (c) the form, the manner and the fee for making application before the Adjudicating Authority for initiating corporate insolvency resolution process by financial creditor under sub-section (2) of section 7; (d) the form and manner in which demand notice may be made and the manner of delivery thereof to the corporate debtor under sub-section (1) of section 8; (e) the form, the manner and the fee for making application before the Adjudicating Authority for initiating corporate insolvency resolution process by operational creditor under sub-section (2) of section 9; 2[(ea) other proof confirming that there is no payment of an unpaid operational debt by the corporate debtor or such other information under clause (e) of sub-section (3) of section 9;] (f) the form, the manner and the fee for making application before the Adjudicating Authority for initiating corporate insolvency resolution process by corporate applicant under sub-section (2) of section 10; 3[(fa) the transactions under the second proviso to sub-section (2) of section 21; (fb) the transactions under Explanation I to clause (c) of section 29A; (fc) the transactions under the second proviso to clause (j) of section 29A;] 1. Ins. by Act 26 of 2018, s. 34 (w.e.f. 6-6-2018). 2. Ins. by Act 26 of 2018, s. 35 (w.e.f. 6-6-2018). 3. Ins. by Act 1 of 2020, s. 12 (w.e.f. 28-12-2019). 129 ----- 1[(fd) the form, particulars, manner and fee for making application before the Adjudicating Authority under sub-section (2) of section 54C; (fe) the conditions and restrictions with which the promoters, members, personnel and partners of the corporate debtor shall exercise and discharge contractual or statutory rights and obligations under clause (c) of section 54H;] (g) the persons who shall be relative under clause (ii) of the _Explanation to sub-section (1) of_ section 79; (h) the value of unencumbered single dwelling unit owned by the debtor under clause (e) of sub-section (13) of section 79; (i) the value under clause (c), and any other debt under clause (f), of sub-section (14) of section 79; (j) the form, the manner and the fee for making application for fresh start order under sub-section (3) of section 81; (k) the particulars of the debtor’s personal details under clause (e) of sub-section (3) of section 81; (l) the information and documents to support application under sub-section (3) of section 86; (m) the form, the manner and the fee for making application for initiating the insolvency resolution process by the debtor under sub-section (6) of section 94; (n) the form, the manner and the fee for making application for initiating the insolvency resolution process by the creditor under sub-section (6) of section 95; (o) the particulars to be provided by the creditor to the resolution professional under sub-section (2) of section 103; (p) the form and the manner for making application for bankruptcy by the debtor under clause (b) of sub-section (1) of section 122; (q) the form and the manner of the statement of affairs of the debtor under sub-section (3) of section 122; (r) the other information under clause (d) of sub-section (1) of section 123; (s) the form, the manner and the fee for making application for bankruptcy under sub-section (6) of section 123; (t) the form and the manner in which statement of financial position shall be submitted under sub-section (2) of section 129; (u) the matters and the details which shall be included in the public notice under sub-section (2) of section 130; (v) the matters and the details which shall be included in the notice to the creditors under sub-section (3) of section 130; (w) the manner of sending details of the claims to the bankruptcy trustee and other information under sub-sections (1) and (2) of section 131; (x) the value of financial or commercial transaction under clause (d) of sub-section (1) of section 141; 1. Ins. by Act 26 of 2021, s. 15 (w.e.f. 4-4-2021). 130 ----- (y) the other things to be done by a bankrupt to assist bankruptcy trustee in carrying out his functions under clause (d) of sub-section (1) of section 150; (z) the manner of dealing with the surplus under sub-section (4) of section 170; (za) the form and the manner of proof of debt under clause (c) of sub-section (2) of section 171; (zb) the manner of receiving dividends under sub-section (7) of section 171; (zc) the particulars which the notice shall contain under sub-section (2) of section 176; (zd) the salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and members of the Board under sub-section (5) of section 189; (ze) the other functions of the Board under clause (u) of sub-section (1) of section 196; (zf) the other funds under clause (c) of sub-section (1) of section 222; (zg) the other purposes for which the fund shall be applied under clause (d) of sub-section (2) of section 222; (zh) the form in which annual statement of accounts shall be prepared under sub-section (1) of section 223; (zi) the purpose for which application for withdrawal of funds may be made under sub-section (3) of section 224; (zj) the manner of administering the fund under sub-section (4) of section 224; (zk) the manner of conducting insolvency and liquidation proceedings under section 227; (zl) the form and the time for preparing budget by the Board under section 228; (zm) the form and the time for preparing annual report under sub-section (1) of section 229; (zn) the time up to which a person appointed to any office shall continue to hold such office under clause (vi) of sub-section (2) of section 243. **240. Power to make regulations.—(1) The Board may, by notification, make regulations consistent** with this Code and the rules made thereunder, to carry out the provisions of this Code. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the form and the manner of accepting electronic submission of financial information under sub-clause (a) of clause (9) of section 3; (b) the persons to whom access to information stored with the information utility may be provided under sub-clause (d) of clause (9) of section 3; (c) the other information under sub-clause (f) of clause (13) of section 3; (d) the other costs under clause (e) of sub-section (13) of section 5; (e) the cost incurred by the liquidator during the period of liquidation which shall be liquidation cost under sub-section (16) of section 5; 1[(ea) the other costs under sub-clause (e) of clause (23C) of section 5;] (f) the other record or evidence of default under clause (a), and any other information under clause (c), of sub-section (3) of section 7; 1. Ins. by Act 26 of 2021, s. 16 (w.e.f. 4-4-2021). 131 ----- 1* - - - (h) the period under clause (a) of sub-section (3) of section 10; (i) the supply of essential goods or services to the corporate debtor under sub-section (2) of section 14; 2[(ia) circumstances in which supply of critical goods or services may be terminated, suspended or interrupted during the period of moratorium under sub-section (2A) of section 14;] (j) the manner of making public announcement under sub-section (2) of section 15; 3[(ja) the last date for submission of claims under clause (c) of sub-section (1) of section 15;] (k) the manner of taking action and the restrictions thereof under clause (b) of sub-section (2) of section 17; (l) the other persons under clause (d) of sub-section (2) of section 17; (m) the other matters under clause (d) of sub-section (2) of section 17; (n) the other matters under sub-clause (iv) of clause (a), and the other duties to be performed by the interim resolution professional under clause (g), of section 18; 3[(na) the number of creditors within a class of creditors under clause (b) of sub-section (6A) of section 21; (nb) the remuneration payable to authorised representative under clause (ii) of the proviso to sub-section (6B) of section 21; (nc) the manner of voting and determining the voting share in respect of financial debts under sub-section (7) of section 21;] (o) the persons who shall comprise the committee of creditors, the functions to be exercised such committee and the manner in which functions shall be exercised under the proviso to sub-section (8) of section 21; (p) the other electronic means by which the members of the committee of creditors may meet under sub-section (1) of section 24; (q) the manner of assigning voting share to each creditor under sub-section (7) of section 24; (r) the manner of conducting the meetings of the committee of creditors under sub-section (8) of section 24; (s) the manner of appointing accountants, lawyers and other advisors under clause (d) of sub-section (2) of section 25; 4[(sa) other conditions under clause (h) of sub-section (2) of section 25;] (t) the other actions under clause (k) of sub-section (2) of section 25; (u) the form and the manner in which an information memorandum shall be prepared by the resolution professional sub-section (1) of section 29; (v) the other matter pertaining to the corporate debtor under the Explanation to sub-section (2) of section 29; 1. Clause (g) omitted by Act 26 of 2018, s. 36 (w.e.f. 6-6-2018). 2. Ins. by Act 1 of 2020, s. 13 (w.e.f. 28-12-2019). 3. Ins.by Act 26 of 2018, s. 36 (w.e.f. 6-6-2018). 4. Ins. by Act 8 of 2018, s. 9 (w.e.f 23-11-2017). 132 ----- (w) the manner of making payment of insolvency resolution process costs under clause (a), the manner of [1][payment of debts] under clause (b), and the other requirements to which a resolution plan shall conform to under clause (d), of sub-section (2) of section 30; 2[(wa) other requirements under sub-section (4) of section 30;]. (x) the fee for the conduct of the liquidation proceedings and proportion to the value of the liquidation estate assets under sub-section (8) of section 34; (y) the manner of evaluating the assets and property of the corporate debtor under clause (c), the manner of selling property in parcels under clause (f), the manner of reporting progress of the liquidation process under clause (n), and the other functions to be performed under clause (o), of sub-section (1) of section 35; (z) the manner of making the records available to other stakeholders under sub-section (2) of section 35; (za) the other means under clause (a) of sub-section (3) of section 36; (zb) the other assets under clause (e) of sub-section (4) of section 36; (zc) the other source under clause (g) of sub-section (1) of section 37; (zd) the manner of providing financial information relating to the corporate debtor under sub-section (2) of section 37; (ze) the form, the manner and the supporting documents to be submitted by operational creditor to prove the claim under sub-section (3) of section 38; (zf) the time within which the liquidator shall verify the claims under sub-section (1) of section 39; (zg) the manner of determining the value of claims under section 41; (zh) the manner of relinquishing security interest to the liquidation estate and receiving proceeds from the sale of assets by the liquidator under clause (a), and the manner of realising security interest under clause (b) of sub-section (1) of section 52; (zi) the other means under clause (b) of sub-section (3) of section 52; (zj) the manner in which secured creditor shall be paid by the liquidator under sub-section (9) of section 52; (zk) the period and the manner of distribution of proceeds of sale under sub-section (1) of section 53; 3[(zka) such number of financial creditors and the manner of proposing the insolvency professional, and the form for approving such insolvency professional by the financial creditors under clause (e), the persons who shall provide approval under the proviso to clause (e), the form for making a declaration under clause (f) of sub-section (2) of section 54A; (zkb) the form for obtaining approval from financial creditors under sub-section (3), and the persons who shall provide approval under the proviso to sub-section (3) of section 54A; 1. Subs. by Act 26 of 2019, s. 9, for “repayment of debts of operational creditors” (w.e.f. 16-08-2019). 2. Ins. by Act 8 of 2018, s. 9 (w.e.f. 23-11-2017). 3. Ins. by Act 26 of 2021, s. 16 (w.e.f. 4-4-2021). 133 ----- (zkc) the other conditions for the base resolution plan under clause (c), and such information and documents under clause (d) of sub-section (4) of section 54A; (zkd) the form in which the report is to be prepared under clause (a), such reports and other documents under clause (b), and such other duties under clause (c) of sub-section (1), and the manner of determining and bearing the fees in sub-section (3) of section 54B; (zke) the form for providing written consent of the insolvency professional under clause (b), the form for declaration under clause (c), the information relating to books of account and such other documents relating to such period under clause (d) of sub-section (3) of section 54C; (zkf) the form and manner for making application for termination of the pre-packaged insolvency resolution process under sub-section (3) of section 54D; (zkg) the form and manner of making public announcement under clause (c) of sub-section (1) of section 54E; (zkh) the manner of confirming the list of claims under clause (a), the manner of informing creditors under clause (b), the manner of maintaining an updated list of claims under clause (c), the form and manner of preparing the information memorandum under clause (g), and such other duties under clause (i) of sub-section (2) of section 54F; (zki) such other persons under clause (c), the manner of appointing accountants, legal or other professionals under clause (e), such other matters under sub-clause (iv) of clause (f) and the manner of taking other actions under clause (g) of sub-section (3) of section 54F; (zkj) the manner of determination of fees and expenses as may be incurred by the resolution professional under sub-section (6) of section 54F; (zkk) the manner of bearing fees and expenses under sub-section (7) of section 54F; (zkl) the form and manner of list of claims and preliminary information memorandum under sub-section (1) of section 54G; (zkm) the conditions under clause (a) of section 54H; (zkn) the manner of alteration of the composition of the committee of creditors under the proviso to sub-section (1) of section 54-I; (zko) the form and manner of making application under sub-section (1) of section 54J; (zkp) the manner of inviting prospective resolution applicants under sub-section (5) of section 54K; (zkq) the other conditions under sub-section (6) of section 54K; (zkr) the conditions under clause (a) and the manner of providing the basis for evaluation of resolution plans and the information referred to in section 29 under sub-section (7) of section 54K; (zks) the conditions under the proviso to sub-section (10) of section 54K; (zkt) the manner and conditions under sub-section (11) of section 54K; (zku) the form and manner of filing application under the proviso to sub-section (12) of section 54K; 134 ----- (zkv) the other requirements under sub-section (13) of section 54K; (zkw) the form for submission of written consent under clause (b) of sub-section (2) of section 54-O;] (zl) the other means under clause (a) and the other information under clause (b) of section 57; (zm) the conditions and procedural requirements under sub-section (2) of section 59; (zn) the details and the documents required to be submitted under sub-section (7) of section 95; (zo) the other matters under clause (c) of sub-section (3) of section 105; (zp) the manner and form of proxy voting under sub-section (4) of section 107; (zq) the manner of assigning voting share to creditor under sub-section (2) of section 109; (zr) the manner and form of proxy voting under sub-section (3) of section 133; (zs) the fee to be charged under sub-section (1) of section 144; (zt) the appointment of other officers and employees under sub-section (2), and the salaries and allowances payable to, and other terms and conditions of service of, such officers and employees of the Board under sub-section (3), of section 194; (zu) the other information under clause (i) of sub-section (1) of section 196; (zv) the intervals in which the periodic study, research and audit of the functioning and performance of the insolvency professional agencies, insolvency professionals and information utilities under clause (r), and mechanism for disposal of assets under clause (t), of sub-section (1) of section 196; (zw) the place and the time for discovery and production of books of account and other documents under clause (i) of sub-section (3) of section 196; (zx) the other committees to be constituted by the Board and the other members of such committees under section 197; (zy) the other persons under clause (b) and clause (d) of section 200; (zz) the form and the manner of application for registration, the particulars to be contained therein and the fee it shall accompany under sub-section (1) of section 201; (zza) the form and manner of issuing a certificate of registration and the terms and conditions thereof, under sub-section (3) of section 201; (zzb) the manner of renewal of the certificate of registration and the fee therefor, under sub-section (4) of section 201; (zzc) the other ground under clause (d) of sub-section (5) of section 201; (zzd) the form of appeal to the National Company Law Appellate Tribunal, the period within which it shall be filed under section 202; (zze) the other information under clause (g) of section 204; (zzf) the other grounds under Explanation to section 196; (zzg) the setting up of a governing board for its internal governance and management under clause (e), the curriculum under clause (l), the manner of conducting examination under clause (m), of section 196; 135 ----- (zzh) the time within which, the manner in which, and the fee for registration of insolvency professional under sub-section (1) of section 207; (zzi) the categories of professionals or persons, the qualifications and experience and the fields under sub-section (2) of section 207; (zzj) the manner and the conditions subject to which the insolvency professional shall perform his function under clause (f) of sub-section (2) of section 208; (zzk) the form and manner in which, and the fee for registration of information utility under sub-section (1) of section 210; (zzl) the form and manner for issuing certificate of registration and the terms and conditions thereof, under sub-section (3) of section 210; (zzm) the manner of renewal of the certificate of registration and the fee therefor, under sub-section (4) of section 210; (zzn) the other ground under clause (d) of sub-section (5) of section 210; (zzo) the form, the period and the manner of filing appeal to the National Company Law Appellate Tribunal under section 211; (zzp) the number of independent members under section 212; (zzq) the services to be provided by information utility and the terms and conditions under section 213; (zzr) the form and manner of accepting electronic submissions of financial information under clause (b) and clause (c) of section 214; (zzs) the minimum service quality standards under clause (d) of section 214; (zzt) the information to be accessed and the manner of accessing such information under clause (f) of section 214; (zzu) the statistical information to be published under clause (g) of section 214; (zzv) the form, the fee and the manner for submitting or accessing information under sub-section (1) of section 215; (zzw) the form and manner for submitting financial information and information relating to assets under sub-section (2) of section 215; (zzx) the manner and the time within which financial information may be updated or modified or rectified under section 216; (zzy) the form, manner and time of filing complaint under section 217; (zzz) the time and manner of carrying out inspection or investigation under sub-section (2) of section 218; (zzza) the manner of carrying out inspection of insolvency professional agency or insolvency professional or information utility and the time for giving reply under section 219; (zzzb) the procedure for claiming restitution under sub-section (6), the period within which such restitution may be claimed and the manner in which restitution of amount may be made under sub-section (7) of section 220; (zzzc) the other funds of clause (c) of sub-section (1) of section 222. 1[240A. Application of this Code to micro, small and medium enterprises.—(1) Notwithstanding anything to the contrary contained in this Code, the provisions of clauses (c) and (h) of section 29A shall not apply to the resolution applicant in respect of corporate insolvency resolution process [2][or prepackaged insolvency resolution process] of any micro, small and medium enterprises. 1. Ins. by Act 26 of 2018, s. 37 (w.e.f. 6-6-2018). 2. Ins. by Act 26 of 2021, s. 17 (w.e.f. 4-4-2021). 136 ----- (2) Subject to sub-section (1), the Central Government may, in the public interest, by notification, direct that any of the provisions of this Code shall— (a) not apply to micro, small and medium enterprises; or (b) apply to micro, small and medium enterprises, with such modifications as may be specified in the notification. (3) A draft of every notification proposed to be issued under sub-section (2), shall be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions. (4) If both Houses agree in disapproving the issue of notification or both Houses agree in making any modification in the notification, the notification shall not be issued or shall be issued only in such modified form as may be agreed upon by both the Houses, as the case may be. (5) The period of thirty days referred to in sub-section (3) shall not include any period during which the House referred to in sub-section (4) is prorogued or adjourned for more than four consecutive days. (6) Every notification issued under this section shall be laid, as soon as may be after it is issued, before each House of Parliament. _Explanation.—For the purposes of this section, the expression “micro, small and medium enterprises”_ means any class or classes of enterprises classified as such under sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006.] **241. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Code shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **242. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Code, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Code as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of five years from the commencement of this Code. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **243. Repeal of certain enactments and savings.—(1) The Presidency Towns Insolvency** Act, 1909 (3 of 1909) and the Provincial Insolvency Act, 1920 (5 of 1920) are hereby repealed. (2) Notwithstanding the repeal under sub-sections (1),— (i) all proceedings pending under and relating to the Presidency Towns Insolvency Act, 1909 (3 of 1909), and the Provincial Insolvency Act 1920 (5 of 1920) immediately before the commencement of this Code shall continue to be governed under the aforementioned Acts and be heard and disposed of by the concerned courts or tribunals, as if the aforementioned Acts have not been repealed; (ii) any order, rule, notification, regulation, appointment, conveyance, mortgage, deed, document or agreement made, fee directed, resolution passed, direction given, proceeding taken, instrument executed or issued, or thing done under or in pursuance of any repealed enactment shall, if in force at the commencement of this Code, continue to be in force, and shall have effect as if the aforementioned Acts have not been repealed; 137 ----- (iii) anything done or any action taken or purported to have been done or taken, including any rule, notification, inspection, order or notice made or issued or any appointment or declaration made or any operation undertaken or any direction given or any proceeding taken or any penalty, punishment, forfeiture or fine imposed under the repealed enactments shall be deemed valid; (iv) any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure or existing usage, custom, privilege, restriction or exemption shall not be affected, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in, or from, the repealed enactments; (v) any prosecution instituted under the repealed enactments and pending immediately before the commencement of this Code before any court or tribunal shall, subject to the provisions of this Code, continue to be heard and disposed of by the concerned court or tribunal; (vi) any person appointed to any office under or by virtue of any repealed enactment shall continue to hold such office until such time as may be prescribed; and (vii) any jurisdiction, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not in existence or in force shall not be revised or restored. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal of the repealed enactments or provisions of the enactments mentioned in the Schedule. **244. Transitional provisions.—(1) Until the Board is constituted or a financial sector regulator is** designated under section 195, as the case may be, the powers and functions of the Board or such designated financial sector regulator, including its power to make regulations, shall be exercised by the Central Government. (2) Without prejudice to the generality of the power under sub-section (1), the Central Government may by regulations provide for the following matters:— (a) recognition of persons, categories of professionals and persons having such qualifications and experience in the field of finance, law, management or insolvency as it deems necessary, as insolvency professionals and insolvency professional agencies under this Code; (b) recognition of persons with technological, statistical, and data protection capability as it deems necessary, as information utilities under this Code; and (c) conduct of the corporate insolvency resolution process, insolvency resolution process, liquidation process, fresh start process and bankruptcy process under this Code. **245. Amendments of Act 9 of 1932.—The Indian Partnership Act, 1932 shall be amended in the** manner specified in the First Schedule. **246. Amendments of Act 1 of 1944.—The Central Excise Act, 1944 shall be amended in the manner** specified in the Second Schedule. **247. Amendments of Act 43 of 1961.—The Income- tax Act, 1961 shall be amended in the manner** specified in the Third Schedule. **248. Amendments of Act 52 of 1962.—The Customs Act, 1962 shall be amended in the manner** specified in the Fourth Schedule. **249. Amendments of Act 51 of 1993.—The Recovery of Debts due to Banks and Financial** Institutions Act, 1993 shall be amended in the manner specified in the Fifth Schedule. **250. Amendments of Act 32 of 1994.—The Finance Act, 1994 shall be amended in the manner** specified in the Sixth Schedule. 138 ----- **251. Amendments of Act 54 of 2002.—The Securitisation and Reconstruction of Financial Assets** and Enforcement of Security Interest Act, 2002 shall be amended in the manner specified in the Seventh Schedule. **252. Amendments of Act 1 of 2004.—The Sick Industrial Companies (Special Provisions) Repeal** Act, 2003 shall be amended in the manner specified in the Eighth Schedule. **253. Amendments of Act 51 of 2007.—The Payment and Settlement Systems Act, 2007 shall be** amended in the manner specified in the Ninth Schedule. **254. Amendments of Act 6 of 2009.—The Limited Liability Partnership Act, 2008 shall be amended** in the manner specified in the Tenth Schedule. **255. Amendments of Act 18 of 2013.—The Companies Act, 2013 shall be amended in the manner** specified in the Eleventh Schedule. 139 ----- THE FIRST SCHEDULE (See section 245) AMENDMENT TO THE INDIAN PARTNERSHIP ACT, 1932 ( 9 OF 1932) 1. In section 41, clause (a) shall be omitted. 140 ----- THE SECOND SCHEDULE (See section 246) AMENDMENT TO THE CENTRAL EXCISE ACT, 1944 (1 OF 1944) 1. In section 11E, for the words, figures and brackets “and the Securitisation and Reconstruction of Financial Assets and the Enforcement of Security Interest Act, 2002 (54 of 2002) “, the words, figures and brackets “the Securitisation and Reconstruction of Financial Assets and the Enforcement of Security Interest Act, 2002 (54 of 2002) and the Insolvency and Bankruptcy Code, 2016” shall be substituted. 141 ----- THE THIRD SCHEDULE (See section 247) AMENDMENT TO THE INCOME-TAX ACT, 1961 (43 OF 1961) In sub-section (6) of section 178, after the words “for the time being in force”, the words and figures “except the provisions of the Insolvency and Bankruptcy Code, 2016” shall be inserted. 142 ----- THE FOURTH SCHEDULE (See section 248) AMENDMENT TO THE CUSTOMS ACT, 1962 (52 OF 1962) In section 142A, for the words, figures and brackets “and the Securitisation and Reconstruction of Financial Assets and the Enforcement of Security Interest Act, 2002 (54 of 2002)”, the words, and figures and brackets “ the Securitisation and Reconstruction of Financial Assets and the Enforcement of Security Interest Act, 2002 and the Insolvency and Bankruptcy Code, 2016” shall be substituted. 143 ----- THE FIFTH SCHEDULE (See section 249) AMENDMENTS TO THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 (51 OF 1993) 1. In the long title, after the words “financial institutions”, the words “, insolvency resolution and bankruptcy of individuals and partnership firms” shall be inserted, namely:—. 2. In section 1,— (a) in sub-section (1), for the words “Due to Banks and Financial Institutions” the words “and Bankruptcy” shall be substituted; (b) in sub-section (4), for the words “The provision of this Code”, the words “Save as otherwise provided, the provisions of this Code”, shall be substituted. 3. In section 3, after sub-section (1), the following sub-section shall be inserted, namely:— “(1A) The Central Government shall by notification establish such number of Debts Recovery Tribunals and its benches as it may consider necessary, to exercise the jurisdiction, powers and authority of the Adjudicating Authority conferred on such Tribunal by or under the Insolvency and Bankruptcy Code, 2016.”. 4. In section 8, after sub-section (1), the following section shall be inserted, namely:— “(1A) The Central Government shall, by notification, establish such number of Debt Recovery Appellate Tribunals to exercise jurisdiction, powers and authority to entertain appeal against the order made by the Adjudicating Authority under Part III of the Insolvency and Bankruptcy Code, 2016.”. 5. In section 17,— (i) after sub-section (1), the following sub-section shall be inserted, namely:— “(1A) Without prejudice to sub-section (1),— (a) the Tribunal shall exercise, on and from the date to be appointed by the Central Government, the jurisdiction, powers and authority to entertain and decide applications under Part III of Insolvency and Bankruptcy Code, 2016. (b) the Tribunal shall have circuit sittings in all district headquarters.”. (ii) after sub-section (2), the following sub-section shall be inserted, namely:— “(2A) Without prejudice to sub-section (2), the Appellate Tribunal shall exercise, on and from the date to be appointed by the Central Government, the jurisdiction, powers and authority to entertain appeals against the order made by the Adjudicating Authority under Part III of the Insolvency and Bankruptcy Code, 2016.”. 6. After section 19, the following section shall be inserted, namely:— “19A. The application made to Tribunal for exercising the powers of the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016 shall be dealt with in the manner as provided under that Code.”. 7. In section 20, in sub-section (4), after the word, brackets and figure “sub-section (1)”, the words, brackets and figures “or under sub-section (1) of section 181 of the Insolvency and Bankruptcy Code, 2016” shall be inserted. 144 ----- THE SIXTH SCHEDULE (See section 250) AMENDMENT TO THE FINANCE ACT, 1994 (32 OF 1994) In section 88, for the words, figures and brackets “and the Securitisation and Reconstruction of Financial Assets and the Enforcement of Security Interest Act, 2002 (54 of 2002)”, the words and figures “the Securitisation and Reconstruction of Financial Assets and the Enforcement of Security Interest Act, 2002 and the Insolvency and Bankruptcy Code, 2016” shall be substituted. 145 ----- THE SEVENTH SCHEDULE (See section 251) AMENDMENT TO THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (54 OF 2002) In section 13, in sub-section (9), for the words “In the case of”, the words and figures “Subject to the provisions of the Insolvency and Bankruptcy Code, 2016, in the case of” shall be substituted. 146 ----- THE EIGHTH SCHEDULE (See section 252) AMENDMENT TO THE SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) REPEAL ACT, 2003 (1 OF 2004) In section 4, for sub-clause (b), the following sub-clause shall be substituted, namely— “(b) On such date as may be notified by the Central Government in this behalf, any appeal preferred to the Appellate Authority or any reference made or inquiry pending to or before the Board or any proceeding of whatever nature pending before the Appellate Authority or the Board under the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) shall stand abated: Provided that a company in respect of which such appeal or reference or inquiry stands abated under this clause may make reference to the National Company Law Tribunal under the Insolvency and Bankruptcy Code, 2016 within one hundred and eighty days from the commencement of the Insolvency and Bankruptcy Code, 2016 in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016: Provided further that no fees shall be payable for making such reference under Insolvency and Bankruptcy Code, 2016 by a company whose appeal or reference or inquiry stands abated under this clause. 1[Provided also that any scheme sanctioned under sub-section (4) or any scheme under implementation under sub-section (12) of section 18 of the Sick Industrial Companies (Special Provisions) Act, 1985 shall be deemed to be an approved resolution plan under sub-section (1) of section 31 of the Insolvency and Bankruptcy Code, 2016 and the same shall be dealt with, in accordance with the provisions of Part II of the said Code: Provided also that in case, the statutory period within which an appeal was allowed under the Sick Industrial Companies (Special Provisions) Act, 1985 against an order of the Board had not expired as on the date of notification of this Act, an appeal against any such deemed approved resolution plan may be preferred by any person before National Company Law Appellate Tribunal within ninety days from the date of publication of this order.]” 1. Ins. by Notification No. S.O. 1683(E) dated 24[th] May 2017. 147 ----- THE NINTH SCHEDULE (See section 253) AMENDMENTS TO THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 (51 OF 2007) 1. In section 23, in sub-sections (4), (5) and (6), after the words, figures and brackets “the Banking Regulation Act, 1949 (10 of 1949)” “the Companies Act, 2013 (18 of 2013)”, the words and figures “or the Insolvency and Bankruptcy Code, 2016” shall be inserted. 2. In section 23A, in sub-section (3), after the words, figures and brackets “the Companies Act, 2013”, the words and figures “or the Insolvency and Bankruptcy Code, 2016” shall be inserted. 148 ----- THE TENTH SCHEDULE (See section 254) AMENDMENT TO THE LIMITED LIABILITY PARTNERSHIP ACT, 2008 (6 OF 2009) In section 64, clause (c) shall be omitted. 149 ----- THE ELEVENTH SCHEDULE (See section 255) AMENDMENTS TO THE COMPANIES ACT, 2013 (18 OF 2013) 1. In section 2,— (a) for clause (23), the following clause shall be substituted, namely:— “(23) “Company Liquidator” means a person appointed by the Tribunal as the Company Liquidator in accordance with the provisions of section 275 for the winding up of a company under this Act;”; (b) after clause (94), the following clause shall be inserted, namely:— “(94A) “winding up” means winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016, as applicable.”. 2. In section 8, in sub-section (9), for the words and figures “the Rehabilitation and Insolvency Fund formed under section 269”, the words and figures “Insolvency and Bankruptcy Fund formed under section 224 of the Insolvency and Bankruptcy Code, 2016” shall be substituted. 3. In section 66, in sub-section (8), for the words, brackets and figures “is unable, within the meaning of sub-section (2) of section 271, to pay the amount of his debt or claim,”, the words and figures “commits a default, within the meaning of section 6 of the Insolvency and Bankruptcy Code, 2016, in respect of the amount of his debt or claim,” shall be substituted. 4. In section 77, in sub-section (3), after the words “the liquidator”, the words and figures “appointed under this Act or the Insolvency and Bankruptcy Code, 2016, as the case may be,” shall be inserted. 5. In section 117, in sub-section (3), in clause (f), for the word and figures “section 304”, the words and figures “section 59 of the Insolvency and Bankruptcy Code, 2016” shall be substituted. 6. In section 224, in sub-section (2), after the words “wound up under this Act”, the words and figures “or under the Insolvency and Bankruptcy Code, 2016” shall be inserted. 7. In section 230,— (a) in sub-section (1), after the word “liquidator”, the words and figures “appointed under this Act or under the Insolvency and Bankruptcy Code, 2016, as the case may be,” shall be inserted; (b) in sub-section (6), after the words “on the liquidator”, the words and figures “appointed under this Act or under the Insolvency and Bankruptcy Code, 2016, as the case may be,” shall be inserted; 8. In section 249, in sub-section (1), for clause (e), the following clause shall be substituted, namely:— “(e) is being wound up under Chapter XX of this Act or under the Insolvency and Bankruptcy Code, 2016.”. 9. Sections 253 to 269 shall be omitted. 10. For section 270, the following section shall be substituted, namely:— 150 ----- “270. Winding up by Tribunal.—The provisions of Part I shall apply to the winding up of a company by the Tribunal under this Act.”. 11. For section 271, the following section shall be substituted, namely:— “271. Circumstances in which company may be wound up by Tribunal.—A company may, on a petition under section 272, be wound up by the Tribunal,— (a) if the company has, by special resolution, resolved that the company be wound up by the Tribunal; (b) if the company has acted against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality; (c) if on an application made by the Registrar or any other person authorised by the Central Government by notification under this Act, the Tribunal is of the opinion that the affairs of the company have been conducted in a fraudulent manner or the company was formed for fraudulent and unlawful purpose or the persons concerned in the formation or management of its affairs have been guilty of fraud, misfeasance or misconduct in connection therewith and that it is proper that the company be wound up; (d) if the company has made a default in filing with the Registrar its financial statements or annual returns for immediately preceding five consecutive financial years; or (e) if the Tribunal is of the opinion that it is just and equitable that the company should be wound up.”. 12. For section 272, the following section shall be substituted, namely:— “272. Petition for winding up.—(1) Subject to the provisions of this section, a petition to the Tribunal for the winding up of a company shall be presented by— (a) the company; (b) any contributory or contributories; (c) all or any of the persons specified in clauses (a) and (b); (d) the Registrar; (e) any person authorised by the Central Government in that behalf; or (f) in a case falling under clause (b) of section 271, by the Central Government or a State Government. (2) A contributory shall be entitled to present a petition for the winding up of a company, notwithstanding that he may be the holder of fully paid-up shares, or that the company may have no assets at all or may have no surplus assets left for distribution among the shareholders after the satisfaction of its liabilities, and shares in respect of which he is a contributory or some of them were either originally allotted to him or have been held by him, and registered in his name, for at least six months during the eighteen months immediately before the commencement of the winding up or have devolved on him through the death of a former holder. (3) The Registrar shall be entitled to present a petition for winding up under section 271, except on the grounds specified in clause (a) or clause (e) of that sub-section: Provided that the Registrar shall obtain the previous sanction of the Central Government to the presentation of a petition: Provided further that the Central Government shall not accord its sanction unless the company has been given a reasonable opportunity of making representations. 151 ----- (4) A petition presented by the company for winding up before the Tribunal shall be admitted only if accompanied by a statement of affairs in such form and in such manner as may be prescribed. (5) A copy of the petition made under this section shall also be filed with the Registrar and the Registrar shall, without prejudice to any other provisions, submit his views to the Tribunal within sixty days of receipt of such petition.”. 13. In section 275,— (a) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) The provisional liquidator or the Company Liquidator, as the case may, shall be appointed by the Tribunal from amongst the insolvency professionals registered under the Insolvency and Bankruptcy Code, 2016;”; (b) sub-section (4) shall be omitted. 14. For section 280, the following section shall be substituted, namely:— “280. Jurisdiction of Tribunal.—The Tribunal shall, notwithstanding anything contained in any other law for the time being in force, have jurisdiction to entertain, or dispose of,— (a) any suit or proceeding by or against the company; (b) any claim made by or against the company, including claims by or against any of its branches in India; (c) any application made under section 233; (d) any question of priorities or any other question whatsoever, whether of law or facts, including those relating to assets, business, actions, rights, entitlements, privileges, benefits, duties, responsibilities, obligations or in any matter arising out of, or in relation to winding up of the company, whether such suit or proceeding has been instituted, or is instituted, or such claim or question has arisen or arises or such application has been made or is made or such scheme has been submitted, or is submitted, before or after the order for the winding up of the company is made.”. 15. Section 289 shall be omitted. 16. The heading “Part II.—Voluntary winding up” shall be omitted. 17. Sections 304 to 323 shall be omitted. 18. Section 325 shall be omitted. 19. For section 326, the following section shall be substituted, namely:— “326. Overriding preferential payments.—(1) In the winding up of a company under this Act, the following debts shall be paid in priority to all other debts:— (a) workmen’s dues; and (b) where a secured creditor has realised a secured asset, so much of the debts due to such secured creditor as could not be realised by him or the amount of the workmen’s portion in his security (if payable under the law), whichever is less, pari passu with the workmen’s dues: Provided that in case of the winding up of a company, the sums referred to in sub-clauses (i) and (ii) of clause (b) of the Explanation, which are payable for a period of two years preceding the winding up order or such other period as may be prescribed, shall be paid in priority to all other debts (including debts due to secured creditors), within a period of thirty days of sale of 152 ----- assets and shall be subject to such charge over the security of secured creditors as may be prescribed. (2) The debts payable under the proviso to sub-section (1) shall be paid in full before any payment is made to secured creditors and thereafter debts payable under that sub-section shall be paid in full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportions. _Explanation.—For the purposes of this section, and section 327—_ (a) “workmen”, in relation to a company, means the employees of the company, being workmen within the meaning of clause (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947); (b) “workmen’s dues”, in relation to a company, means the aggregate of the following sums due from the company to its workmen, namely:— (i) all wages or salary including wages payable for time or piece work and salary earned wholly or in part by way of commission of any workman in respect of services rendered to the company and any compensation payable to any workman under any of the provisions of the Industrial Disputes Act, 1947 (14 of 1947); (ii) all accrued holiday remuneration becoming payable to any workman or, in the case of his death, to any other person in his right on the termination of his employment before or by the effect of the winding up order or resolution; (iii) unless the company is being wound up voluntarily merely for the purposes of reconstruction or amalgamation with another company or unless the company has, at the commencement of the winding up, under such a contract with insurers as is mentioned in section 14 of the Workmen’s Compensation Act, 1923 (19 of 1923), rights capable of being transferred to and vested in the workmen, all amount due in respect of any compensation or liability for compensation under the said Act in respect of the death or disablement of any workman of the company; (iv) all sums due to any workman from the provident fund, the pension fund, the gratuity fund or any other fund for the welfare of the workmen, maintained by the company; (c) “workmen’s portion’’, in relation to the security of any secured creditor of a company, means the amount which bears to the value of the security the same proportion as the amount of the workmen’s dues bears to the aggregate of the amount of workmen’s dues and the amount of the debts due to the secured creditors. _Illustration_ The value of the security of a secured creditor of a company is Rs. 1,00,000. The total amount of the workmen’s dues is Rs. 1,00,000. The amount of the debts due from the company to its secured creditors is Rs. 3,00,000. The aggregate of the amount of workmen’s dues and the amount of debts due to secured creditors is Rs. 4,00,000. The workmen’s portion of the security is, therefore, one-fourth of the value of the security, that is Rs. 25,000.”. 20. In section 327,— (a) after sub-section (6), the following sub-section shall be inserted, namely:— 153 ----- “(7) Sections 326 and 327 shall not be applicable in the event of liquidation under the Insolvency and Bankruptcy Code, 2016.”; (b) in the Explanation, for clause (c), the following clause shall be substituted, namely:— “(c) the expression “relevant date” means in the case of a company being wound up by the Tribunal, the date of appointment or first appointment of a provisional liquidator, or if no such appointment was made, the date of the winding up order, unless, in either case, the company had commenced to be wound up voluntarily before that date under the Insolvency and Bankruptcy Code, 2016;”. 21. For section 329, the following section shall be substituted, namely:— “329. Transfers not in good faith to be void.—Any transfer of property, movable or immovable, or any delivery of goods, made by a company, not being a transfer or delivery made in the ordinary course of its business or in favour of a purchaser or encumbrancer in good faith and for valuable consideration, if made within a period of one year before the presentation of a petition for winding up by the Tribunal under this Act shall be void against the Company Liquidator.”. 22. For section 334, the following section shall be substituted, namely:— “334. Transfer, etc., after commencement of winding up to be void.—In the case of a winding up by the Tribunal, any disposition of the property including actionable claims, of the company and any transfer of shares in the company or alteration in the status of its members, made after the commencement of the winding up shall, unless the Tribunal otherwise orders, be void.”. 23. In section 336, in sub-section (1), in the opening paragraph, for the words “whether by the Tribunal or voluntarily, or which is subsequently ordered to be wound up by the Tribunal or which subsequently passes a resolution for voluntary winding up”, the words “by the Tribunal under this Act or which is subsequently ordered to be wound up by the Tribunal under this Act” shall be substituted. 24. In section 337, for the words “or which subsequently passes a resolution for voluntary winding up,”, the words “under this Act”, shall be substituted. 25. In section 342, sub-sections (2), (3) and (4) shall be omitted. 26. In section 343, for sub-section (1), the following sub-section shall be substituted, namely— “(1) The Company Liquidator may, with the sanction of the Tribunal, when the company is being wound up by the Tribunal,— (i) pay any class of creditors in full; (ii) make any compromise or arrangement with creditors or persons claiming to be creditors, or having or alleging themselves to have any claim, present or future, certain or contingent, against the company, or whereby the company may be rendered liable; or (iii) compromise any call or liability to call, debt, and liability capable of resulting in a debt, and any claim, present or future, certain or contingent, ascertained or sounding only in damages, subsisting or alleged to subsist between the company and a contributory or alleged contributory or other debtor or person apprehending liability to the company, and all questions in any way relating to or affecting the assets or liabilities or the winding up of the company, on such terms as may be agreed, and take any security for the discharge of any such call, debt, liability or claim, and give a complete discharge in respect thereof.”. 27. In section 347, for sub-section (1), the following sub-section shall be substituted, namely— 154 ----- “(1) When the affairs of a company have been completely wound up and it is about to be dissolved, the books and papers of such company and those of the Company Liquidator may be disposed of in such manner as the Tribunal directs.”. 28. In section 348, for sub-section (1), the following sub-section shall be substituted, namely— “(1) If the winding up of a company is not concluded within one year after its commencement, the Company Liquidator shall, unless he is exempted from so doing, either wholly or in part by the Central Government, within two months of the expiry of such year and thereafter until the winding up is concluded, at intervals of not more than one year or at such shorter intervals, if any, as may be prescribed, file a statement in such form containing such particulars as may be prescribed, duly audited, by a person qualified to act as auditor of the company, with respect to the proceedings in, and position of, the liquidation, with the Tribunal: Provided that no such audit as is referred to in this sub-section shall be necessary where the provisions of section 294 apply;”. 29. For section 357, the following section shall be substituted, namely:— “357. Commencement of winding up by Tribunal.—The winding up of a company by the Tribunal under this Act shall be deemed to commence at the time of the presentation of the petition for the winding up.”. 30. In section 370, in the proviso, after the words “obtained for the winding up the company”, the words and figures “in accordance with the provisions of this Act or of the Insolvency and Bankruptcy Code, 2016” shall be inserted. 31. In section 372, after the words “The provisions of this Act”, the words and figures “or of the Insolvency and Bankruptcy Code, 2016, as the case may be,” shall be inserted. 32. In section 419, for sub-section (4), the following sub-section shall be substituted, namely:— “(4) The Central Government shall, by notification, establish such number of benches of the Tribunal, as it may consider necessary, to exercise the jurisdiction, powers and authority of the Adjudicating Authority conferred on such Tribunal by or under Part II of the Insolvency and Bankruptcy Code, 2016.”. 33. In section 424,— (i) in sub-section (1), after the words, “other provisions of this Act”, the words and figures “or of the Insolvency and Bankruptcy Code, 2016” shall be inserted; (ii) in sub-section (2), after the words, “under this Act”, the words and figures “or under the Insolvency and Bankruptcy Code, 2016” shall be inserted. 34. In section 429, for sub-section (1), the following sub-section shall be substituted, namely:— “(1) The Tribunal may, in any proceedings for winding up of a company under this Act or in any proceedings under the Insolvency and Bankruptcy Code, 2016, in order to take into custody or under its control all property, books of account or other documents, request, in writing, the Chief Metropolitan Magistrate, Chief Judicial Magistrate or the District Collector within whose jurisdiction any such property, books of account or other documents of such company under this Act or of corporate persons under the said Code, are situated or found, to take possession thereof, and the Chief Metropolitan Magistrate, Chief Judicial Magistrate or the District Collector, as the case may be, shall, on such request being made to him,— 155 ----- (a) take possession of such property, books of account or other documents; and (b) cause the same to be entrusted to the Tribunal or other persons authorised by it.”. 35. For section 434, the following section shall be substituted, namely:— “434. (1) On such date as may be notified by the Central Government in this behalf,— (a) all matters, proceedings or cases pending before the Board of Company Law Administration (herein in this section referred to as the Company Law Board) constituted under sub-section (1) of section 10E of the Companies Act, 1956 (1 of 1956), immediately before such date shall stand transferred to the Tribunal and the Tribunal shall dispose of such matters, proceedings or cases in accordance with the provisions of this Act; (b) any person aggrieved by any decision or order of the Company Law Board made before such date may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising out of such order: Provided that the High Court may if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days; and (c) all proceedings under the Companies Act, 1956 (1 of 1956), including proceedings relating to arbitration, compromise, arrangements and reconstruction and winding up of companies, pending immediately before such date before any District Court or High Court, shall stand transferred to the Tribunal and the Tribunal may proceed to deal with such proceedings from the stage before their transfer: Provided that only such proceedings relating to the winding up of companies shall be transferred to the Tribunal that are at a stage as may be prescribed by the Central Government. (2) The Central Government may make rules consistent with the provisions of this Act to ensure timely transfer of all matters, proceedings or cases pending before the Company Law Board or the courts, to the Tribunal under this section.”. 36. In section 468, for sub-section (2), the following sub-section shall be substituted, namely:— “(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (i) as to the mode of proceedings to be held for winding up of a company by the Tribunal under this Act; (ii) for the holding of meetings of creditors and members in connection with proceedings under section 230; (iii) for giving effect to the provisions of this Act as to the reduction of the capital; (iv) generally for all applications to be made to the Tribunal under the provisions of this Act; (v) the holding and conducting of meetings to ascertain the wishes of creditors and contributories; (vi) the settling of lists of contributories and the rectifying of the register of members where required, and collecting and applying the assets; (vii) the payment, delivery, conveyance, surrender or transfer of money, property, books or papers to the liquidator; 156 ----- (viii) the making of calls; and (ix) the fixing of a time within which debts and claims shall be proved.”. 37. In Schedule V, in Part II, in section III, for clause (b), the following clause shall be substituted, namely:— “(b) where the company— (i) is a newly incorporated company, for a period of seven years from the date of its incorporation, or (ii) is a sick company, for whom a scheme of revival or rehabilitation has been ordered by the Board for Industrial and Financial Reconstruction for a period of five years from the date of sanction of scheme of revival, or (iii) is a company in relation to which a resolution plan has been approved by the National Company Law Tribunal under the Insolvency and Bankruptcy Code, 2016 for a period of five years from the date of such approval, it may pay remuneration up to two times the amount permissible under section II.”. 157 ----- 1[THE TWELFTH SCHEDULE [See clause (d) of section 29A] ACTS FOR THE PURPOSES OF CLAUSE (d) OF SECTION 29A (1) The Foreign Trade (Development and Regulation) Act, 1922 (22 of 1922); (2) The Reserve Bank of India Act, 1934 (2 of 1934); (3) The Central Excise Act, 1944 (1 of 1944); (4) The Prevention of Food Adulteration Act, 1954 (37 of 1954); (5) The Essential Commodities Act, 1955 (10 of 1955); (6) The Securities Contracts (Regulation) Act, 1956 (42 of 1956); (7) The Income-tax Act, 1961 (43 of 1961); (8) The Customs Act, 1962 (52 of 1962); (9) The Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (10) The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974); (11) The Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (12) The Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986); (13) The Environment (Protection) Act, 1986 (29 of 1986); (14) The Prohibition of Benami Property Transactions Act, 1988 (45 of 1988); (15) The Prevention of Corruption Act, 1988 (49 of 1988); (16) The Securities and Exchange Board of India Act, 1992 (15 of 1992); (17) The Foreign Exchange Management Act, 1999 (42 of 1999); (18) The Competition Act, 2002 (12 of 2003); (19) The Prevention of Money-laundering Act, 2002 (15 of 2003); (20) The Limited Liability Partnership Act, 2008 (6 of 2009); (21) The Foreign Contribution (Regulation) Act, 2010 (42 of 2010); (22) The Companies Act, 2013 (18 of 2013) or any previous company law; (23) The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015); (24) The Insolvency and Bankruptcy Code, 2016 (31 of 2016); (25) The Central Goods and Services Tax Act, 2017 (12 of 2017) and respective State Acts imposing State goods and services tax; (26) such other Acts as may be notified by the Central Government. Every notification issued under this Schedule shall be laid, as soon as may be after it is issued, before each House of Parliament.] 1. Ins. by Act 26 of 2018, s. 38 (w.e.f. 6-6-2018). 158 -----

29-Jul-2016

36

The Regional Centre for Biotechnology Act, 2016.

https://www.indiacode.nic.in/bitstream/123456789/2153/1/201636.pdf

central

# THE REGIONAL CENTRE FOR BIOTECHNOLOGY ACT, 2016 _________ # ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Establishment and incorporation of Regional Centre for Biotechnology. 4. Declaration of Regional Centre for Biotechnology as an institution of national importance. 5. Effect of establishment of Regional Centre. 6. Jurisdiction. 7. Objectives of Regional Centre. 8. Functions of Regional Centre. 9. Regional Centre to work in collaboration with other institutions of UNESCO. 10. Powers of Regional Centre. 11. Regional Centre open to all castes, creed, race or class. 12. Privileges and immunities of Regional Centre. 13. Authorities of Regional Centre. 14. Board of Governors. 15. Powers and functions of Board. 16. Powers and functions of Chairperson. 17. Programme Advisory Committee. 18. Executive Committee. 19. Finance Committee. 20. Other authorities of Regional Centre. 21. Board of Studies. 22. Officers of Regional Centre. 23. Executive Director. 24. Deans and Sub-Deans. 25. Associate Director (Administration). 26. Registrar. 27. Finance officer. 28. Other officers. 29. Grants and loans to Regional Centre. 30. Fund of Regional Centre. 31. Annual report. 32. Annual accounts. ----- SECTIONS 33. Returns and information. 34. Review of functioning of Regional Centre. 35. Appointment and conditions of service of employees of Regional Centre. 36. Meetings. 37. Filling of casual vacancies. 38. Proceedings of authorities not invalidated by vacancies. 39. Protection of action taken in good faith. 40. Arbitration. 41. Power to make Statutes. 42. Power to make Ordinances. 43. Regulations. 44. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. 45. Power to make Statutes or Ordinances or Regulations retrospectively. 46. Power to remove difficulties. ----- # THE REGIONAL CENTRE FOR BIOTECHNOLOGY ACT, 2016 ACT NO. 36 OF 2016 [29th July, 2016.] # An Act to provide for the establishment of an institution of national importance to be known as Regional Centre for Biotechnology and to provide for matters connected therewith or incidental thereto. WHEREAS an agreement for the establishment and operation of the Regional Centre for Biotechnology Training and Education in India was entered into between the Government of India and the United Nations Educational, Scientific and Cultural Organisation on the 14th day of July, 2006; AND WHEREAS in pursuance of the said agreement, the Central Government through an executive order dated the 20th April, 2009, established the Regional Centre for Biotechnology Training and Education at Faridabad, Haryana; AND WHEREAS it is expedient to make provisions for strengthening and to make the Regional Centre for Biotechnology an institution of national importance for imparting education, training and conducting research in the areas of Biotechnology and related multi disciplinary areas. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:- **1. Short title and commencement.—(1) This Act may be called the Regional Centre for** Biotechnology Act, 2016. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “academic staff” means Assistant Professors, Associate Professors, Professors, Deans, Sub Deans, Executive Director and such other persons, including Visiting Professors, Professors of Eminence, Honorary Professors, Adjunct Professors and Emeritus Professors, as may be appointed or engaged for imparting education, training or conducting research in the Regional Centre for Biotechnology; (b) “Board” means the Board of Governors constituted under section 14; (c) “Board of Studies” means the Board of Studies of the Regional Centre referred to in section 21; (d) “Chairperson” means the Chairperson of the Board; (e) “employee” means any person appointed by the Regional Centre and includes officers, academic and other staff of the Regional Centre; (f) “Executive Committee” means the Executive Committee of the Regional Centre constituted under section 18; (g) “Executive Director” means the Executive Director of the Regional Centre appointed under sub-section (1) of section 23; (h) “existing Regional Centre” means the Regional Centre for Biotechnology Training and Education at National Capital Region, Faridabad; (i) “hall” means a unit of residence, by whatever name called, for the students of the Regional Centre, maintained or recognised by it; (j) “institution” includes autonomous organisations within or outside India, for imparting education, training and conducting research in the areas of Biotechnology and supported by the Government of India or industry or universities or other organisations; 1. 1st March, 2017, _vide notification No. S.O. 642 (E), dated 28th February, 2017,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(i). ----- (k) “Ordinances” means the Ordinances framed by the Programme Advisory Committee under section 42; (l) “Programme Advisory Committee” means the Programme Advisory Committee of the Regional Centre constituted under section 17; (m) “region” means the region comprising the territories of South Asian Association for Regional Co-operation (SAARC) States and generally the Asia region; (n) “Regional Centre” means the Regional Centre for Biotechnology established under section 3; (o) “Regulations” means the Regulations made by any authority of the Regional Centre under section 43; (p) “Statutes” means the Statutes framed by the Board under section 41; (q) “UNESCO” means the United Nations Educational, Scientific and Cultural Organisation. **3. Establishment and incorporation of Regional Centre for Biotechnology.—(1) The Regional** Centre for Biotechnology Training and Education at National Capital Region, Faridabad, Haryana functioning under the Department of Biotechnology, Ministry of Science and Technology is hereby established as a body corporate by the name of "Regional Centre for Biotechnology" having perpetual succession and a common seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sue or be sued. (2) The Regional Centre shall consist of a Board of Governors and authorities specified in section 13. (3) The headquarters of the Regional Centre shall be at its campus in the National Capital Region, Faridabad. **4. Declaration of Regional Centre for Biotechnology as an institution of national** **importance.—Whereas the objects of the institution known as the Regional Centre for Biotechnology are** such as to make the institution one of national importance, it is hereby declared that the institution known as the Regional Centre for Biotechnology is an institution of national importance. **5. Effect of establishment of Regional Centre.—(1) On and from the date of commencement of this** Act,— (a) any reference to the existing Regional Centre in any law, other than this Act, or in any contract or other instrument, shall be deemed as a reference to the Regional Centre; (b) all properties and assets, movable and immovable, of, or belonging to the existing Regional Centre shall vest in the Regional Centre; (c) all rights and liabilities of the existing Regional Centre shall be transferred to, and be the rights and liabilities of, the Regional Centre; (d) without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the existing Regional Centre immediately before the said date, for or in connection with the purposes of the said Regional Centre shall be deemed to have incurred, entered into or engaged to be done by, with or for, the Regional Centre; (e) all sums of money due to the existing Regional Centre immediately before that date shall be deemed to be due to the Regional Centre; (f) all suits and other legal proceedings instituted or which could have been instituted by or against the existing Regional Centre immediately before that date may be continued or may be instituted by or against the Regional Centre; (g) every employee (including those appointed for imparting instruction or giving training or conducting research in the existing Regional Centre), holding any office under the existing Regional Centre or teaching therein immediately before the commencement of this Act shall hold his office in the Regional Centre or continue teaching therein by the same tenure and upon the same terms and ----- conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if this Act had not been enacted and shall continue to do so as an employee of the Regional Centre or until the expiry of the period of six months from that date if such employee opts not to be the employee of the Regional Centre within such period. (2) Notwithstanding anything in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, absorption of any employee by the Regional Centre in its regular service under this section shall not entitle such employee to any compensation under that Act or any other law and no such claim shall be entertained by any court, tribunal or other authority. **6. Jurisdiction.—The jurisdiction of the Regional Centre shall extend to whole of India and to such** centres and specialised laboratories or other units for research, development and instruction, established by the Regional Centre within or outside India. **7. Objectives of Regional Centre.—The objectives of the Regional Centre shall be—** (a) to disseminate and to advance knowledge by providing instructional and research facilities in such branches of biotechnology and related fields as it may deem fit including technology policy development; (b) to provide capacity-building through education, training, research and development in biotechnology and related academic fields for sustainable development objectives through regional and international cooperation; (c) to facilitate transfer of knowledge and technology relating to biotechnology at the regional level; (d) to create a hub of biotechnology expertise and to address human resources needs in the countries in the region; (e) to promote and strengthen international co-operation to improve the social and economic conditions and welfare of the people; (f) to promote and facilitate a network of satellite centres in the region as well as within India. **8. Functions of Regional Centre.—The functions of the Regional Centre, shall be—** (a) to establish infrastructure and technology platforms which are directly relevant to biotechnology education, training and research; (b) to execute educational and training activities including grant of degrees in education and research in biotechnology and related fields; (c) to produce human resource tailored to drive innovation in biotechnology, particularly in areas of new opportunities and to fill talent gap in deficient areas; (d) to undertake research and development and scientific investigations in collaboration with relevant research centre’s in the region; (e) to hold scientific symposia and conferences within India or in the region or outside the region and to conduct short-term and long-term training courses and workshops in all areas of biotechnology; (f) to collect universally available information with a view to setting up data banks for bio information; (g) to collect and disseminate, through networking, the relevant local knowledge in the field of biotechnology, ensuring protection of intellectual property rights of local stakeholder communities; (h) to develop and implement a policy for intellectual property rights which is equitable and just to the stakeholders involved in research in the Regional Centre; (i) to disseminate the outcome of research activities in different countries through the publication of books and articles; ----- (j) to promote collaborative research and development networking programme in specific areas of biotechnology with national, regional and international networks and promote exchange of scientists, at the regional level having regard to issues pertaining to intellectual property rights of collaborating institutions promoting equitable sharing of benefits with collaborating institutions. **9. Regional Centre to work in collaboration with other institutions of UNESCO.—The Regional** Centre shall pursue its objects and discharge its functions in close collaboration with other national, regional and international institutions of the UNESCO. **10. Powers of Regional Centre.—(1) The Regional Centre shall have the following powers,** namely:— (a) to provide for masters degree (including integrated programmes leading to masters degree), post-graduate diploma and doctoral degrees in biotechnology and related subjects at the interface of varied disciplines including physical, chemical, biological, medical, agricultural and engineering and other relevant sciences, as may be determined by the Regional Centre, from time to time; (b) to provide for short-term and long-term training courses in biotechnology on specific issues related to the development, extension, implementation and regulation of biotechnology and related areas, as may be specified by Statutes, from time to time; (c) to organise and undertake extramural studies, training and extension services in biotechnology; (d) to confer honorary degrees or other academic distinctions referred to in clause (a), in the manner specified by the Statutes; (e) to institute Professorships, Associate Professorships, Assistant Professorships and other academic positions required by the Regional Centre and to appoint persons to such Professorships, Associate Professorships, Assistant Professorships or other academic positions; (f) to recognise an institution of higher learning within India for the purposes of this Act and to withdraw such recognition in accordance with the norms laid down in the Statutes; (g) to appoint persons working in any other institution, including those located outside the country, as academic staff of the Regional Centre for such period as may be specified by the Statutes; (h) to create administrative, technical and other posts and to make appointments thereto, as may be specified by Statutes; (i) to co-operate or collaborate or associate with any institution, including those located outside the country, in such manner as may be specified and for such purposes as may be determined or agreed upon by the Regional Centre; (j) to establish and maintain centres and specialised laboratories or other units for research, development and instruction in India or outside India, as may be determined by the Statutes from time to time; (k) to institute and award fellowships, scholarships, studentships, medals and prizes as may be specified by the Statutes; (l) to make provision for research and advisory services and for that purpose to enter into such agreements with other institutions, industrial or other organisations, including those located outside the country as may be specified by the Statutes; (m) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other stakeholders; (n) to appoint visiting Professors, Professors of Eminence, Honorary Professors, Adjunct Professors, Emeritus Professors, Consultants and such other persons who may contribute to the advancement and objects of the Regional Centre; (o) to determine standards of admission to the Regional Centre, including examination, evaluation or any other method of testing; ----- (p) to fix, demand and receive payment of fees and other charges; (q) to establish, recognise, maintain and manage halls or residences of students of the Regional Centre and other accommodation for students and to withdraw any such recognition; (r) to lay down conditions of service of all categories of employees, including their code of conduct; (s) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the Regional Centre to be necessary; (t) to make arrangements for promoting the health and general welfare of the students and employees of the Regional Centre; (u) to receive benefactions, donations and gifts and to acquire, hold and manage, and dispose of, with the prior approval of the Central Government, any property, movable or immovable, including trust and endowment properties, for the purposes or objectives of the Regional Centre; (v) to borrow money, with the prior approval of the Central Government on the security of the property of the Regional Centre; and (w) to do all such other acts and things as may be necessary in furtherance of the objects specified in section 7. (2) In exercising its powers under sub-section (1), it shall be the endeavour of the Regional Centre to maintain high standards of education, training and research and the Regional Centre shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:— (a) conduct innovative courses and programmes of studies with a provision for periodic review and restructuring; and (b) promote e-governance with an effective management information system. **11. Regional Centre open to all castes, creed, race or class.—The Regional Centre or any** institution recognised by it shall be open to persons of either sex and whatever caste, creed, race, ethnicity, nationality or class, and it shall not be lawful for the Regional Centre or such institution to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a member of the academic staff of the Regional Centre or such institution or to hold any other office therein or to be admitted as a student in the Regional Centre or such institution or to enjoy or exercise any privilege thereof. **12. Privileges and immunities of Regional Centre.—The Regional Centre or persons attending the** meetings of the Regional Centre shall enjoy such privileges and immunities as the Central Government may grant, pursuant to agreement entered into between the UNESCO and the Government of India from time to time concerning the Regional Centre. **13. Authorities of Regional Centre.—The following shall be the authorities of the Regional Centre,** namely:— (i) the Board of Governors; (ii) the Programme Advisory Committee; (iii) the Executive Committee; (iv) the Finance Committee; (v) the Board of Studies; and (vi) such other authorities as may be declared by the Statutes to be the authorities of the Regional Centre. **14. Board of Governors.—(1) There shall be a Board of Governors which shall be responsible for** the governance of the Regional Centre. ----- (2) The Board shall be the apex body of the Regional Centre and shall consist of the following members, namely:— (a) Secretary to the Government of India in the Ministry of Science and Technology, Department of Biotechnology—ex officio Chairperson; (b) three eminent scientists in the relevant field not below the rank of Joint Secretary to the Government of India or equivalent, out of whom at least one shall be a woman, to be nominated by the Central Government—ex officio members; (c) a representative of the Director-General of UNESCO; (d) two representatives from amongst the other member States of UNESCO, who substantially contribute resources to the running of the Regional Centre, in such manner as may be specified by the Statutes—members. (3) The Chairperson of the Programme Advisory Committee shall be a permanent invitee of the Board. (4) The Executive Director of the Regional Centre shall be the Convenor of the meetings of the Board. (5) The Chairperson shall ordinarily preside over the meetings of the Board. (6) The Board shall meet at least once in a year and at such times as the Chairperson may decide in such manner as may be specified by the Statutes. (7) The term of office of the members of the Board, other than ex officio members, shall be such as may be specified by the Statutes. (8) Subject to the provisions of this Act and the Statutes and the Ordinances made thereunder, the Board may regulate its own procedure (including quorum) for the conduct of meetings and transacting business. **15. Powers and functions of Board.—Subject to the provisions of this Act, the Board shall have the** following powers and functions, namely:— (a) to approve the annual plan and budget of the Regional Centre; (b) to review, from time to time, the broad policies and programmes of the Regional Centre, and to suggest measures for the improvement and development of the Regional Centre; (c) to consider the annual report and the annual accounts of the Regional Centre and the audit report on such accounts; (d) to study and approve the internal procedures, including financial procedure and staff regulations of the Regional Centre; (e) to approve the organisational structure and number of academic staff and other employees at the Regional Centre; (f) to convene special consultative sessions of its members, to which it may invite representatives of other interested countries and international organisations in order to obtain proposals for strengthening the scope of services of the Regional Centre; (g) to carry out projects and activities relevant to the Regional Centre, and to expand the fund raising strategy and capabilities; and (h) to frame the Statutes. **16. Powers and functions of Chairperson.—(1) The Chairperson shall exercise such powers and** discharge such functions as may be delegated to him by the Board or as may be specified by the Statutes. (2) If for any reason, the Chairperson is unable to attend any meeting of the Board, any member of the Board nominated by the Chairperson shall preside over the meeting. ----- **17. Programme Advisory Committee.—(1) The Programme Advisory Committee shall be the** principal academic body of the Regional Centre and shall, subject to the provisions of this Act, advice planning, execution, review and monitoring of the scientific and academic programmes of the Regional Centre. (2) The Programme Advisory Committee shall consist of the following members, namely:— (a) a Chairperson of the Programme Advisory Committee to be nominated by the Board; (b) two members to be nominated by the UNESCO; (c) three members to be nominated by rotation, from amongst the member States of UNESCO which provide maximum financial assistance; (d) two members having expertise and experience in biotechnology policy and legal matters to be nominated by the Central Government; (e) six members from amongst the persons being renowned scientist or academician, to be nominated by the Board. (3) The Executive Director shall be the Member-Secretary, _ex officio, to the Programme Advisory_ Committee. (4) The Programme Advisory Committee shall be responsible for— (a) making recommendations on matters of planning and coordinating of the education, training and research activities; (b) recommending modifications or revision of education, training and research programmes of the Regional Centre and submitting reports thereon; (c) reviewing annually the programmes of the Regional Centre, evaluating its progress and submitting the reports thereon; (d) publishing reports on any matter concerning scientific and technical issues referred to it by the Board or by the Executive Director; (e) performing all such duties and to do all such acts as may be necessary for furtherance of education, training and research under this Act; (f) framing the Ordinances; and (g) performing such other functions as may be specified by the Statutes. (5) The fees and allowances payable to members of the Programme Advisory Committee and their term of office shall be such as may be specified by the Statutes. (6) Subject to the provisions of this Act and the Statutes and Ordinances made thereunder, the Programme Advisory Committee may regulate its own procedure (including quorum) for the conduct of meetings and transacting of its business: Provided that the Programme Advisory Committee shall place the minutes of its meetings before the Board of Governors. **18. Executive Committee.—(1) The Executive Committee shall be responsible for management of** the Regional Centre and implementation of policies and decisions of the Board relating to management. (2) The constitution, powers and functions of the Executive Committee and the term of office of its members shall be such as may be specified by the Statutes. **19. Finance Committee.—(1) The Finance Committee shall review finances, consider the annual** budget estimates, the statements of accounts and the audit reports and make recommendations thereon, to the Board. (2) The constitution, powers and functions of the Finance Committee and the term of office of its members shall be such as may be specified by the Statutes. ----- **20. Other authorities of Regional Centre.—The constitution, powers and functions of other** authorities referred to in clause (vi) of section 13, and the term of office of its members shall be such as may be specified by the Statutes. **21. Board of Studies.—The constitution, powers and functions of the Board of Studies and the term** of office of its members shall be such as may be specified by the Statutes. **22. Officers of Regional Centre.—The following shall be the officers of the Regional Centre,** namely:— (i) Executive Director; (ii) Deans; (iii) Sub-Deans; (iv) Associate Director (Administration); (v) Registrar; (vi) Finance Officer; and (vii) such other officers as may be declared by the Statutes to be the officers of the Regional Centre. **23. Executive Director.—(1) The Executive Director shall be appointed on the recommendation of** the Board in such manner and on such terms and conditions of service, as may be specified by the Statutes. (2) The Executive Director shall— (a) be the principal executive and academic officer of the Regional Centre; (b) direct the work of the Regional Centre in conformity with the programmes and directives established by the Board; (c) propose the draft work plan and budget to be submitted to the Board; (d) prepare the agenda for the sessions of the Board; (e) prepare reports on the Regional Centre's activities for submission to the Board; and (f) exercise such other powers and perform such other functions as may be specified by the Statutes. (3) The financial powers delegated to the Executive Director by the Board shall be such as may be specified by the Statutes. (4) The Executive Director may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the Regional Centre by or under this Act and shall report to such authority at its next meeting the action taken by him on such matter. **24. Deans and Sub-Deans.—The Deans and Sub-Deans shall be appointed in such manner and on** such terms and conditions of service, and shall exercise such powers and perform such duties, as may be specified by the Statutes. **25. Associate Director (Administration).—(1) The Associate Director (Administration) shall be** appointed in such manner, and on such terms and conditions of service, as may be specified by the Statutes. (2) The Associate Director (Administration) shall have the power to enter into agreements, sign documents and authenticate records on behalf of the Regional Centre and shall exercise such powers and perform such duties, as may be specified by the Statutes. **26. Registrar.—The Registrar shall be appointed in such manner and on such terms and conditions of** service and shall exercise such powers and perform such duties, as may be specified by the Statutes. ----- **27. Finance officer.—The Finance officer shall be appointed in such manner and on such terms and** conditions of service and shall exercise such powers and perform such duties, as may be specified by the Statutes. **28. Other officers.—The manner of appointment and powers and duties and terms and conditions of** service of other officers of the Regional Centre, referred to in clause (vii) of section 22, shall be such as may be specified by the Statutes. **29. Grants and loans to Regional Centre.—The Central Government may, after due appropriation** made by Parliament by law, in this behalf, make to the Regional Centre grants and loans of such sums of money and in such manner as that Government may consider necessary for being utilised for the fulfilment of the objects and purposes of this Act. **30. Fund of Regional Centre.—(1) The Regional Centre shall maintain a Fund to which shall be** credited— (a) all moneys provided by the Central Government; (b) all fees and other charges received by the Regional Centre; (c) all moneys received by the Regional Centre by way of grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the Regional Centre in any other manner or from any other source. (2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Regional Centre may, with the approval of the Central Government, decide. (3) The fund shall be applied for meeting— (a) the fees and allowances payable to the Chairperson and members of the Board or Chairperson of the Programme Advisory Committee and members of the other committees and the salaries, allowances and other remunerations payable to the academic staff, officers and other employees of the Regional Centre; (b) the expenses of the Regional Centre in the discharge of its functions and for the fulfilment of its objects and for purposes as envisaged under this Act. **31. Annual report.—(1) The annual report of the Regional Centre shall be prepared under the** directions of the Executive Director, which shall include, among other matters, the steps taken by the Regional Centre towards the fulfilment of its objectives and shall be submitted to the Board on or before such date as may be specified by the Statutes and the Board shall consider the report in its annual meeting. (2) A copy of the annual report, as prepared under sub-section (1), shall be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament. **32. Annual accounts.—(1) The annual accounts and the balance sheet of the Regional Centre shall** be prepared under the directions of the Board and shall, once at least every year, and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India. (2) A copy of the accounts together with the audit report shall be submitted to the Central Government along with the observations, if any, of the Board. (3) A copy of the annual report and annual accounts together with the audit report, shall be submitted to the Central Government which shall, as soon as may be, cause the same to be laid before each House of Parliament. (4) The audited annual accounts, after having been laid before both Houses of Parliament, shall be published in the Official Gazette. **33. Returns and information.—The Regional Centre shall furnish to the Central Government such** returns or other information with respect to its property or activities as the Central Government may, from time to time, require, within such period as may be specified by the Central Government. ----- **34. Review of functioning of Regional Centre.—(1) There shall be a review of the functioning of** the Regional Centre once in every four years by persons of eminence to be appointed by the Central Government. (2) The Regional Centre shall meet the expenses for conducting the review under sub-section (1) and upon receipt of the report of such review, the Board may take appropriate action. (3) In addition to the review under sub-section (1), the Board may conduct review of functioning of administrative and academic wings of the Regional Centre, in such manner and at such intervals, as may be specified by the Statutes. **35. Appointment and conditions of service of employees of Regional Centre.—(1) All** appointments of employees of the Regional Centre shall be made in accordance with the procedure laid down in the Statutes, by— (a) the Board of Governors for the Executive Director, Deans and Sub-Deans; (b) the Executive Director, in any other case. (2) The terms and conditions of service of the employees of the Regional Centre, other than the officers referred to in clause (vii) of section 22, shall be such as may be specified by the Statutes. (3) The terms and conditions of service of the academic staff shall be consistent with such staff engaged in higher education and research at Central Universities. **36. Meetings.—The meetings of the Board, Programme Advisory Committee, Executive Committee** or other committees constituted by the Regional Centre may be held using contemporary tools of information and communication technologies (including video conferencing) without the members necessarily having to be physically present. **37. Filling of casual vacancies.—All casual vacancies among the members (other than** _ex officio_ members) of the authorities under section 13 shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority for the residue of the term for which the person whose place he fills would have been a member. **38. Proceedings of authorities not invalidated by vacancies.—No act or proceedings of any** authority of the Regional Centre shall be invalid merely by reason of the existence of a vacancy or vacancies among its members. **39. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against** any officer or employee of the Regional Centre for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or the Statutes, Ordinances or the Regulations made thereunder. **40. Arbitration.—Any dispute arising between the Regional Centre and any of its employees shall,** at the first instance, be resolved through such grievance redressal mechanism as may be specified by the Statutes. **41. Power to make Statutes.—(1) The Statutes of the Regional Centre shall be framed by the Board** of Governors. (2) Without prejudice to the provisions contained in sub-section (1), the Executive Committee may make recommendations for framing of Statutes to the Board. (3) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:— (a) to provide for short-term and long-term training courses in biotechnology on specific issues related to the development, extension, implementation and regulation of biotechnology and related areas, from time to time under clause (b) of sub-section (1) of section 10; (b) the manner of conferring honorary degrees or other distinctions under clause (d) of sub-section (1) of section 10; ----- (c) the norms for recognition of an institution of higher learning within India and to withdraw such recognition under clause (f) of sub-section (1) of section 10; (d) period for appointment of persons working in any other institution, including those located outside the country, as academic staff of the Regional Centre under clause (g) of sub-section (1) of section 10; (e) to create administrative, technical and other posts under clause (h) of sub-section (1) of section 10; (f) the manner and purposes of co-operation or collaboration or association with any institution, including those located outside the country, under clause (i) of sub-section (1) of section 10; (g) to establish and maintain centres and specialised laboratories or other units for research, development and instruction in India or outside India, clause (j) of sub-section (1) of section 10; (h) to institute and award fellowships, scholarships, studentships, medals and prizes, under clause (k) of sub-section (1) of section 10; (i) the manner of entering into agreements with other institutions, industrial or other organisations, including those located outside the country, for research and advisory services under clause (l) of sub-section (1) of section 10; (j) to declare other authorities to be the authorities of the Regional Centre under clause (vi) of section 13; (k) the manner of appointment of representatives from amongst the member States of UNESCO, under clause (d) of sub-section (2) of section 14; (l) the time and manner in which the Board shall meet under sub-section (5) of section 14; (m) the term of office of the members of the Board, under sub-section (6) of section 14; (n) such other powers and functions of the Chairperson under sub-section (1) of section 16; (o) such other functions of the Programme Advisory Committee under clause (g) of sub-section (4) of section 17; (p) the fees and allowances payable to members of the Programme Advisory Committee and their term of office under sub-section (5) of section 17; (q) the constitution, powers and functions and the term of office of members of the Executive Committee under sub-section (2) of section 18; (r) the constitution, powers and functions and term of office of members of the Finance Committee under sub-section (2) of section 19; (s) the constitution, powers and functions and term of office of members of other authorities under section 20; (t) the constitution, powers and functions and term of office of members of the Board of Studies under section 21; (u) the other officers as may be declared to be the officers of the Regional Centre under clause (vii) of section 22; (v) the manner of appointment and terms and conditions of service of the Executive Director under sub-section (1) of section 23; (w) the other powers and functions of the Executive Director under clause (f) of sub-section (2) of section 23; (x) the financial powers to be delegated to the Executive Director by the Board under sub-section (3) of section 23; ----- (y) the manner of appointment, terms and conditions of service and powers and duties of the Deans and Sub-Deans under section 24; (z) the manner of appointment and terms and conditions of service of the Associate Director (Administration) under sub-section (1) and powers and duties to be performed by him under sub-section (2) of section 25; (za) the manner of appointment, terms and conditions of service and powers and duties of the Registrar under section 26; (zb) the manner of appointment, terms and conditions of service and powers and duties of the Finance officer under section 27; (zc) the manner of appointment, powers and duties and terms and conditions of service of other officers of the Regional Centre under section 28; (zd) the time for submission of the annual report of the Regional Centre to the Board under sub-section (1) of section 31; (ze) the manner and frequency of conducting review of the functioning of administrative and academic wings of the Regional Centre by the Board under sub-section (3) of section 34; (zf) the procedure for appointment of employees of the Regional Centre under sub-section (1) and their terms and conditions of service under sub-section (2) of section 35; (zg) the grievance redressal mechanism for resolution of disputes arising between the Regional Centre and any of its employees under section 40; (zh) the manner of making regulations by the authorities of the Regional Centre under section 43; and (zi) any other matter which may be required or necessary for the purposes of this Act. **42. Power to make Ordinances.—(1) Save as otherwise provided in this Act, the Ordinances of the** Regional Centre shall be made by the Programme Advisory Committee. (2) Subject to the provisions of this Act and the Statutes made thereunder, the Ordinances of the Regional Centre may provide for all or any of the following matters, namely:— (a) admission of students from within India and from the region to the Regional Centre and their enrolment as such; (b) the course of study; (c) the conditions under which students shall be admitted to the examinations of the Regional Centre and shall be eligible for degrees, diplomas and certificates; (d) the conditions for award of fellowships, scholarships, medals and prizes; (e) the conditions and manner of appointment, term and duties of examining bodies, examiners and moderators; (f) the conduct of examinations; (g) the conditions of residence of students of the Regional Centre; (h) the maintenance of discipline among the employees and students; (i) the courses of study to be laid down for all degrees, diplomas and certificates of the Regional Centre including the medium of instruction and examination; (j) the award of degrees and other academic distinctions, and the manner of granting and obtaining of the same; (k) the withdrawal of degrees, diplomas, certificates and other academic distinctions; ----- (l) the fees to be charged for courses of study and for admission to examinations, degrees and diplomas of the Regional Centre; (m) the special arrangements, if any, which may be made for the residence and teaching of women students and prescribing of special courses of studies for them; (n) the establishment, management, recognition and abolition of centres of studies, schools, departments, specialised laboratories, halls and institutions; and (o) any other matter which by this Act or the Statutes, is to be, or may be, provided for by the Ordinances. **43. Regulations.—The authorities of the Regional Centre may make Regulations, consistent with the** provisions of this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner specified by the Statutes. **44. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid** **before Parliament.—(1) Every Statute, Ordinance or Regulation made under this Act shall be published** in the Official Gazette. (2) Every Statute or Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute or Ordinance or Regulation or both Houses agree that the Statute or Ordinance or Regulation should not be made, the Statute or Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute or Ordinance or Regulation. **45. Power to make Statutes or Ordinances or Regulations retrospectively.—The power to make** Statutes or Ordinances or Regulations under section 41 or section 42 or section 43, as the case may be, shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes or Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statutes or Ordinances or Regulations so as to prejudicially affect the interests of any person to whom such Statutes or Ordinances or Regulations may be applicable. **46. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. -----

3-Aug-2016

38

The Compensatory Afforestation Fund Act, 2016.

https://www.indiacode.nic.in/bitstream/123456789/2151/1/A2016-38.pdf

central

# THE COMPENSATORY AFFORESTATION FUND ACT, 2016 ______ ARRANGEMENT OF SECTIONS # ______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT, MANAGEMENT AND UTILISATION OF NATIONAL COMPENSATORY AFFORESTATION FUND AND STATE COMPENSATORY AFFORESTATION FUNDS 3. Establishment of National Fund. 4. Establishment of State Fund. 5. Disbursement and utilisation of National Fund. 6. Disbursement and utilisation of State Fund. 7. Accounting procedure. CHAPTER III CONSTITUTION OF NATIONAL AUTHORITY AND STATE AUTHORITIES 8. Constitution of National Authority. 9. Executive committee and monitoring group of National Authority. 10. Constitution of State Authority. 11. Steering committee and executive committee of State Authority. 12. Term of office and conditions of service of members. 13. Disqualifications. CHAPTER IV POWERS AND FUNCTIONS OF NATIONAL AUTHORITY AND STATE AUTHORITIES 14. Powers and functions of National Authority. 15. Powers and functions of executive committee of National Authority. 16. Functions of monitoring group. 17. Powers and functions of State Authority. 18. Powers and functions of steering committee of State Authority. 19. Functions and powers of executive committee of State Authority. ----- CHAPTER V FINANCE, ACCOUNTS, AUDIT AND ANNUAL REPORT 20. Budget of National Authority. 21. Investment of funds by National Authority. 22. Accounts and audit of National Authority. 23. Annual report of National Authority. 24. Annual report and audit report of National Authority to be laid before Parliament. 25. Budget of State Authority. 26. Investment of funds by State Authority. 27. Accounts and audit of State Authority. 28. Annual report of State Authority. 29. Annual report and audit report of State Authority to be laid before State Legislature. CHAPTER VI MISCELLANEOUS 30. Power to make rules. 31. Transfer of assets, liabilities, etc. 32. Validation. 33. Power of Central Government to issue directions. ----- # THE COMPENSATORY AFFORESTATION FUND ACT, 2016 ACT NO. 38 OF 2016 [3rd August, 2016.] # An Act to provide for the establishment of funds under the public accounts of India and the public accounts of each State and crediting thereto the monies received from the user agencies towards compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net present value and all other amounts recovered from such agencies under the Forest (Conservation) Act, 1980; constitution of an authority at national level and at each of the State and Union territory Administration for administration of the funds and to utilise the monies so collected for undertaking artificial regeneration (plantations), assisted natural regeneration, protection of forests, forest related infrastructure development, Green India Programme, wildlife protection and other related activities and for matters connected therewith or incidental thereto. WHEREAS the Supreme Court in its order in T.N. Godavarman Thirumulpad _vs. Union of India and_ Others [Writ Petition (Civil) No. 202 of 1995], dated the 30th October, 2002, observed that a Compensatory Afforestation Fund be created in which all the monies received from the user agencies towards compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net present value of the diverted forest land or catchment area treatment plan shall be deposited; AND WHEREAS it had also been observed that the money received from the user agencies in cases where forest land diverted falls within protected areas, that is, the areas notified under the Wild Life (Protection) Act, 1972 (35 of 1972) for undertaking activities related to protection of biodiversity or wildlife shall also be deposited in the Fund; AND WHEREAS the Supreme Court has directed that, besides artificial regeneration (Plantations), the Fund shall also be utilised for undertaking assisted natural regeneration, protection of forests, infrastructure development, wildlife protection and other related activities and an independent system of concurrent monitoring and evaluation should be evolved and implemented through the Compensatory Afforestation Fund to ensure effective and proper utilisation of funds; AND WHEREAS the Supreme Court in its judgment dated 26th September, 2005 in the said Writ Petition observed that the Fund generated for protecting ecology and providing regeneration should not be [treated as a Fund under article 266 and article 283 of the Constitution;](javascript:fnOpenLinkPopUp('784','17259');) AND WHEREAS in its direction dated the 5th May, 2006, the Supreme Court had directed that since the Government has not constituted a Compensatory Afforestation Fund Management and Planning Authority (hereinafter referred to as Authority), an _ad hoc Authority should be constituted till the Compensatory_ Afforestation Fund Management and Planning Authority becomes operational and directed to centrally pool the money recovered on behalf of the said Authority lying in the States and Union territories into the _ad hoc Compensatory Afforestation Fund Management and Planning Authority;_ AND WHEREAS Central Government formulated guidelines dated the 2nd July, 2009 on the subject of State Authority for utilisation of funds lying with the ad hoc Authority; AND WHEREAS in its direction dated the 10th July, 2009, the Supreme Court had directed that the guidelines and structure of the State Authority prepared by the Central Government may be notified and implemented; AND WHEREAS in its directions dated the 10th July, 2009, the Supreme Court further directed that till an alternative system is put in place, after obtaining permission from the Supreme Court, the money towards compensatory afforestation, net present value and protected areas (national parks, wildlife sanctuaries) shall continue to be deposited in the ad hoc Authority; ----- AND WHEREAS in compliance of the directions of the Supreme Court including its order dated the 5th May, 2006, over rupees thirty eight thousand crores as collected by the State Governments and Union territory Administrations have been placed under the ad hoc Authority, and deposited in the nationalised banks; AND WHEREAS absence of permanent institutional mechanism for utilisation of funds collected by the State Governments and Union territory Administrations is the main reason for accumulation of huge unspent funds in the ad hoc Authority; NOW, THEREFORE, based on the above orders, directions and observations of the Supreme Court to ensure safety, security and expeditious utilisation in a transparent manner of funds accumulated with the _ad hoc Authority and the funds to be collected by the State Governments and Union territory_ Administrations, it is proposed to create a National Compensatory Afforestation Fund and a National Compensatory Afforestation Fund Management and Planning Authority at the national level, and a State Compensatory Afforestation Fund and a State Compensatory Afforestation Fund Management and Planning Authority in each State and Union territory, by an Act of Parliament. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows: — CHAPTER I PRELIMINARY **1. Short title, extent and commencement.— (1) This Act may be called the Compensatory** Afforestation Fund Act, 2016. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) Save as otherwise provided in this Act, it shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “ad hoc Authority” means the _ad hoc Compensatory Afforestation Fund Management and_ Planning Authority constituted under the order dated the 5th May, 2006 of the Supreme Court in T.N. Godavarman Thirumulpad vs. Union of India and Others, [Writ Petition (Civil) No. 202 of 1995]; (b) “Chairperson, National Authority” means the Chairperson of the governing body of the National Authority; (c) “Chairperson, State Authority” means the Chairperson of the governing body of the State Authority; (d) “compensatory afforestation” means afforestation done in lieu of the diversion of forest land for non-forestry use under the Forest (Conservation) Act, 1980 (69 of 1980); (e) “environmental services” includes— (i) provision of goods such as wood, non-timber forest products, fuel, fodder, water and provision of services such as grazing, tourism, wildlife protection and life support; (ii) regulating services such as flood moderation, carbon sequestration and health of soil, air and water regimes; (iii) supporting such other services necessary for the production of ecosystem services, biodiversity, nutrient cycling and primary production including pollination and seed dispersal; 1. 30th September, 2018, vide notification NO. S.O. 3967(E), dated 13th August, 2018, see Gazette of India, Extraordinary, Part II, sec. 3(ii). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. ----- (f) “Head of the regional office” means the senior-most officer appointed by the Central Government at regional office to deal with the forest conservation matters under the Forest (Conservation) Act, 1980 (69 of 1980); (g) “monitoring group” means a group of experts to monitor the activities undertaken from amounts released from the National Fund and State Fund constituted under sub-section (3) of section 9; (h) “National Authority” means National Compensatory Afforestation Fund Management and Planning Authority constituted under section 8; (i) “National Fund” means the National Compensatory Afforestation Fund established under sub section (1) of section 3; (j) “net present value” means the quantification of the environmental services provided for the forest area diverted for non-forestry uses, as may be determined by an expert committee appointed by the Central Government from time to time in this regard; (k) “penal compensatory afforestation” means afforestation work to be undertaken over and above the compensatory afforestation specified in the guidelines issued under the Forest (Conservation) Act, 1980, in lieu of the extent of area over which non-forestry activities have been carried out without obtaining prior approval of the competent authority under the Forest (Conservation) Act, 1980 (69 of 1980); (l) “prescribed” means prescribed by rules made by the Central Government in consultation with the State Governments under this Act; (m) “State Authority” means the State Compensatory Afforestation Fund Management and Planning Authority constituted under section 10; (n) “State Fund” means the State Compensatory Afforestation Fund established by each State under sub-section (1) of section 4; (o) “State Government” includes Union territory Administration; (p) “user agency” means any person, organisation or company or department of the Central Government or State Government making a request for diversion or de-notification of forest land for non-forest purpose or using forest land for non-forest purpose in accordance with the provisions contained in the Forest (Conservation) Act, 1980 (69 of 1980) and the rules made and guidelines issued, thereunder. CHAPTER II ESTABLISHMENT, MANAGEMENT AND UTILISATION OF NATIONAL COMPENSATORY AFFORESTATION FUND AND STATE COMPENSATORY AFFORESTATION FUNDS **3. Establishment of National Fund.— (1) With effect from such date as the Central Government** may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a special Fund to be called the “National Compensatory Afforestation Fund” under the public account of India. (2) The National Fund shall be under the control of the Central Government and managed by the National Authority in such manner as may be prescribed. (3) On the date of establishment of the National Fund, all monies collected by the State Governments and Union territory Administrations which has been placed under the ad hoc Authority and deposited in the nationalised banks shall be transferred to the National Fund. (4) There shall also be credited into the National Fund, by each State on yearly basis, ten per cent. of the funds realised from the user agencies in respect of the forest land diverted in their favour, which have been credited directly into the State Fund. (5) There shall also be credited to the National Fund— ----- (a) grants-in-aid received, if any, by the National Authority; (b) any loan taken or any borrowings made by the National Authority; (c) any other sums received by the National Authority by way of benefaction, gift or donations. (6) The monies received in the National Fund shall be an interest bearing fund under public accounts of India. (7) The balance in the National Fund shall be non-lapsable and get interest as per the rate declared by the Central Government on year to year basis. **4. Establishment of State Fund.—(1) With effect from such date as each State Government may, by** notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a special Fund to be called the “State Compensatory Afforestation Fund-......... (name of State)” under public accounts of such State: Provided that in case of Union territory having no legislature, such fund shall be established under the public account of Union of India with effect from such date as the Union territory Administration may, by notification in the Official Gazette, appoint in this behalf. (2) The State Fund in each State shall be under the control of the State Government of such State and managed by the State Authority of such State, in such manner as may be prescribed. (3) There shall be credited into the State Fund of a State— (i) the unspent balance of all monies which has been transferred by ad hoc Authority to the State Compensatory Afforestation Compensatory Afforestation Funds Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009; (ii) all monies transferable from the National Fund under clause (a) of section 5; (iii) all monies realised from user agencies by such State towards compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net present value, catchment area treatment plan or any money for compliance of conditions stipulated by the Central Government while according approval under the provisions of the Forest (Conservation) Act, 1980 (69 of 1980); and (iv) the funds recoverable from user agencies by such State in cases where forest land diverted [falls within the protected areas, that is, areas notified under sections 18, 26A or 35 of the Wild Life](javascript:fnOpenLinkPopUp('823','23950');) (Protection) Act, 1972 (53 of 1972) for undertaking activities relating to the protection of biodiversity and wildlife. (4) A State Government may also credit to the State Fund constituted by it— (i) grants-in-aid received, if any, by the State Authority; (ii) any loan taken or any borrowings made by the State Authority; (iii) any other sums received by the State Authority by way of benefaction, gift or donations. (5) The monies received in the State Fund shall be an interest bearing fund under public accounts. (6) The balance in each State Fund shall be non-lapsable and get interest as per the rate declared by the Central Government on year to year basis. **5. Disbursement and utilisation of National Fund.—Save as otherwise provided in this Act, the** monies available in the National Fund shall be disbursed and utilised in the following manner, namely:— (a) ninety per cent. of the all monies collected by a State, which has been placed under the ad _hoc Authority and the interest accrued thereon, shall be transferred to the State Fund established in_ such state under sub-section (1) of section 4; (b) the balance ten per cent. of all monies collected by the States and Union territory Administrations, which has been placed under the ad hoc Authority and the interest accrued thereon, ----- and all fresh accrual to the National Fund, as provided in sub-section (4) of section 3, and the interest accrued thereon, shall be utilised for meeting— (i) the non-recurring and recurring expenditure for the management of the National Authority including the salary and allowances payable to its officers and other employees; (ii) the expenditure incurred on monitoring and evaluation of works executed by the National Authority and each State Authority; (iii) the expenditure incurred on specific schemes approved by governing body of the National Authority. _Explanation.—For the purposes of this section, “scheme” includes any institute, society, centre of_ excellence in the field of forest and wildlife, pilot schemes, standardisation of codes and guidelines and such other related activities for the forestry and wildlife sector. **6. Disbursement and utilisation of State Fund.—Save as otherwise provided in this Act, the monies** available in a State Fund shall be disbursed and utilised in the following manner, namely:— (a) the money received for compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, catchment area treatment plan and for any other site specific scheme may be used as per site-specific schemes submitted by the State along with the approved proposals for diversion of forest land under the Forest (Conservation) Act, 1980 (69 of 1980); (b) the monies received towards net present value and penal net present value shall be used for artificial regeneration (plantation), assisted natural regeneration, forest management, forest protection, forest and wildlife related infrastructure development, wildlife protection and management, supply of wood and other forest produce saving devices and other allied activities in the manner as may be prescribed; (c) the interest accrued on funds available in a State Fund and the interest accrued on all monies collected by the State Governments, which has been placed under the ad hoc Authority and deposited in the nationalised banks, in compliance of the directions of the Supreme Court dated the 5th May, 2006, shall be used for conservation and development of forest and wildlife in the manner as may be prescribed; (d) all monies realised from the user agencies in accordance with the decision taken by the [Standing Committee of the National Board for Wild Life constituted under section 5A of the Wild](javascript:fnOpenLinkPopUp('823','23924');) Life (Protection) Act, 1972 (35 of 1972) or the orders of the Supreme Court involving cases of diversion of forest land in protected areas shall form the corpus and the income therefrom shall be used exclusively for undertaking protection and conservation activities in protected areas of the State including facilitating voluntary relocation from such protected areas and in exceptional circumstance, a part of the corpus may also be used subject to prior approval of the National Authority; (e) ten per cent. of amount realised from the user agencies, which has been credited directly into the State Fund in a year shall be transferred to the National Fund to meet expenditure as provided in clause (b) of section 5; (f) the non-recurring and recurring expenditure for the management of a State Authority including the salary and allowances payable to its officers and other employees may be met from a part of the interest accrued on the amounts available in the State Fund, in the manner as may be prescribed; (g) in case of trans-boundary forestry or environmental implication of diversion of forest land for non-forest purposes in a particular State, if found expedient and necessary by the National Authority, it may, in consultation with the concerned Sate Authorities order that such sum as may be justified for reparation of the trans-boundary effects, be transferred to State Fund of such State or States; (h) State Authority shall release monies to agencies identified for execution of activities in pre determined instalments as per the annual plan of operation finalised by steering committee of such State Authority and executive committee of the National Authority. ----- **7. Accounting procedure.— The accounting procedure to regulate the manner of crediting the** monies to the National Fund and State Fund in a year shall be in such manner as may be prescribed. CHAPTER III CONSTITUTION OF NATIONAL AUTHORITY AND STATE AUTHORITIES **8. Constitution of National Authority.— (1) With effect from such date as the Central Government** may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted a National Authority to be called the “National Compensatory Afforestation Fund Management and Planning Authority”. (2) The National Authority shall manage and utilise the National Fund for the purposes of this Act. (3) The National Authority shall consist of a governing body and shall be assisted by an executive committee, monitoring group and administrative support mechanism. (4) The governing body of the National Authority shall consist of the following, namely:— (i) Minister for Environment, Forest and Climate Change, Government of India—Chairperson, ex _officio;_ (ii) Secretaries of Ministries dealing with Environment, Forest, Climate Change, Finance (Expenditure), Rural Development, Land Resources, Agriculture, Panchayati Raj, Tribal Development, Science, Technology, Space and Earth Sciences and Chief Executive Officer, National Institution for Transforming India Ayog, Government of India—Members, ex officio; (iii) Director General of Forests and Special Secretary, Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (iv) Additional Director General of Forests (Forest Conservation), Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (v) Additional Director General of Forests (Wildlife), Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (vi) Mission Director, National Mission for a Green India, Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (vii) Financial Adviser, Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (viii) five Principal Chief Conservator of Forests, not more than one from each of the ten regions, to be nominated by the Ministry of Environment, Forest and Climate Change, Government of India on rotation basis for a period of two years, at a time—Members, ex officio; (ix) Inspector General of Forests (Forest Conservation), Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (x) five experts, one each from environmentalists, conservationists, scientists, economists, and social scientists appointed by the Central Government for a period of two years subject to not more than two consecutive terms—Members. (5) The Central Government may appoint an officer of the rank of an Additional Director General of Forests as the Chief Executive Officer of the National Authority who shall be the Member—Secretary of the governing body and the executive committee of the National Authority. **9. Executive committee and monitoring group of National Authority.— (1) The governing body** of the National Authority shall, in performance of its functions and powers under the Act, be assisted by the executive committee and the monitoring group. (2) The executive committee of the National Authority shall consist of the following, namely:— (i) Director General of Forests and Special Secretary, Ministry of Environment, Forest and Climate Change, Government of India—Chairperson, ex officio; ----- (ii) Additional Director General of Forests (Forest Conservation), Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (iii) Additional Director General of Forests (Wildlife), Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (iv) Mission Director, National Mission for a Green India, Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (v) Financial Adviser, Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (vi) Head of all regional offices of the Ministry of Environment, Forest and Climate Change, Government of India—Members, ex officio; (vii) Inspector General of Forests (Forest Conservation), Ministry of Environment, Forest and Climate Change, Government of India—Member, ex officio; (viii) a professional ecologist, not being from the Central Government, to be appointed by the Central Government— Member; (ix) three experts, one each in the fields of forestry, tribal development, forest economy development, not being from the Central Government, to be appointed by the Central Government— Members; (x) Chief Executive Officer of the National Authority—Member-Secretary. (3) The monitoring group shall consist of six experts in the field of environment, economics, wildlife, forest, remote sensing and geographical information system and social sector and the Director General, Forest Survey of India, Ministry of Environment, Forest and Climate Change, Government of India. (4) The following officers shall be appointed by the National Authority for a period not exceeding five years, to assist the executive committee in performance of its functions and powers under the Act, namely:— (i) Joint Chief Executive Officer of the rank of Inspector General of Forests; (ii) Financial Advisor and Chief Accounts Officer of the rank of Director in the Government of India; and (iii) Deputy Chief Executive Officers of the rank of Deputy Inspector General of Forests. (5) The governing body of the National Authority may with the prior concurrence of the Central Government create posts in the National Authority at the level of Assistant Inspector General of Forests and other officials to assist the executive committee and monitoring group in performance of its functions under the Act. **10. Constitution of State Authority.— (1) With effect from such date as the Central Government** may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted a State Authority to be called the “State Compensatory Afforestation Fund Management and Planning Authority” in each State. (2) The Central Government may, if so desires, appoint different dates for constitution of State Authority in each of the States. (3) The State Authority constituted in a State shall be responsible for the management of the State Fund of such State and its utilisation for the purposes of the Act. (4) The State Authority shall consist of a governing body and shall be assisted by a steering committee and an executive committee. (5) The governing body of a State Authority shall consist of the following, namely:— ----- (i) Chief Minister of the State and in case of a Union territory having no legislature, the Lieutenant Governor or the Administrator, as the case may be—Chairperson, ex officio; (ii) Minister of Forests—Member, ex officio; (iii) Chief Secretary—Member, ex officio; (iv) Principal Secretaries of the Departments dealing with Environment, Finance, Planning, Rural Development, Revenue, Agriculture, Tribal Development, Panchayati Raj, Science and Technology—Members, ex officio; (v) Principal Chief Conservator of Forests (Head of Forest Force)-Member, ex officio; (vi) Chief Wildlife Warden—Member, ex officio; (6) Principal Secretary in-charge of the Forest Department in a State shall be Member Secretary of the State Authority in such State. (7) The State Government shall appoint an officer of the rank not below the rank of a Chief Conservator of Forests as the Chief Executive Officer of the State Authority who shall be the MemberSecretary of the steering committee and the executive committee of the State Authority. **11. Steering committee and executive committee of State Authority.—(1) The governing body of** the State Authority shall, in performance of its functions and powers under the Act, be assisted by the steering committee and the executive committee. (2) The steering committee of a State Authority shall consist of the following, namely:— (i) Chief Secretary—Chairperson, ex officio; (ii) Principal Secretaries of the Departments dealing with Forests, Environment, Finance, Planning, Rural Development, Revenue, Agriculture, Tribal Development, Panchayati Raj, Science and Technology—Members, ex officio; (iii) Principal Chief Conservator of Forests (Head of Forest Force)—Member, ex officio; (iv) Chief Wildlife Warden—Member, ex officio; (v) Nodal Officer, the Forest (Conservation) Act, 1980 (69 of 1980) Member, ex officio; (vi) Head of the concerned regional office of the Ministry of Environment, Forest and Climate Change—Member, ex officio; (vii) Nodal Officer, State Forest Development Agency—Member, ex officio; (viii) an expert on tribal matters or a representative of tribal communities to be appointed by the State Government—Member; (ix) Chief Executive Officer, State Authority—Member-Secretary. (3) The executive committee of a State Authority shall consist of the following, namely:— (i) Principal Chief Conservator of Forests (Head of Forest Force) —Chairperson, ex officio; (ii) Chief Wildlife Warden—Member, ex officio; (iii) an officer not below the rank of a Chief Conservator of Forests dealing with forest and wildlife related schemes—Member, ex officio; (iv) an officer not below the rank of a Chief Conservator of Forests dealing with forestry research—Member, ex officio; (v) Nodal Officer, State Forest Development Agency—Member, ex officio; (vi) a representative each of the Departments dealing with Environment, Finance, Planning, Rural Development, Revenue, Agriculture, Tribal Development, Panchayati Raj, Science and Technology—Members, ex officio; ----- (vii) Financial Controller or Financial Adviser, to be nominated by the Finance Department—Member, ex officio; (viii) two eminent non-government organisations to be appointed by the State Government— Members; (ix) two representatives of district level Panchayati Raj Institutions to be appointed by the State Government—Members; (x) an expert on tribal matters or a representative of tribal community to be appointed by the State Government—Member; (xi) Chief Executive Officer, State Authority—Member-Secretary. (4) The State Authority may appoint the following officers for a period not exceeding five years, to assist the steering committee and executive committee in performance of its functions under the Act, namely:— (i) Joint Chief Executive Officer of the rank not below the rank of a Conservator of Forests; (ii) Financial Advisor and Chief Accounts Officer of the rank not below the rank of a Deputy Secretary in the State Government; (iii) Deputy Chief Executive Officer of the rank not below the rank of a Deputy Conservator of Forests. (5) The governing body of the State Authority may with the prior concurrence of the State Government create posts in the State Authority at the level of Assistant Conservator of Forests and other officials to assist the steering committee and executive committee in performance of its functions under the Act. **12. Term of office and conditions of service of members.— Save as otherwise provided in this Act,** the terms of office and other conditions of the service of the members of the National Authority, executive committee, monitoring group, Chief Executive Officer and officials appointed by the National Authority, members of State Authority, steering committee and executive committee of each State Authority shall be such as may be prescribed. **13. Disqualifications.— A person shall be disqualified for being appointed as a member of the** National Authority, executive committee of the National Authority, a State Authority, steering committee and executive committee of a State Authority, monitoring group, if he— (i) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (ii) is an undischarged insolvent; or (iii) is of unsound mind and stands so declared by the competent court; or (iv) has been removed or dismissed from the service of the Government or organisation or undertaking owned by the Government; or (v) has, in the opinion of the Central Government, such financial or other interest in the National Authority or the concerned State Authority as is likely to affect the duties discharged by him of his function as a member. CHAPTER IV POWERS AND FUNCTIONS OF NATIONAL AUTHORITY AND STATE AUTHORITIES **14. Powers and functions of National Authority.—(1) The governing body of the National** Authority shall— (i) formulate broad policy framework for functioning of the National Authority and State Authorities as may be notified by the Central Government; (ii) approve the annual report and audited accounts of the National Authority; (iii) review reports on decision taken by executive committee and monitoring group of the National Authority including investment decisions; ----- (iv) approve the proposal for the schemes specified in sub-clause (iii) of clause (b) of section 5; (v) approve the proposals for creation of posts in the National Authority, subject to prior permission of the Central Government; (vi) provide a mechanism to State Authorities to resolve issues of inter-State or Centre-State character; (vii) formulate such procedures for delegation of financial and administrative powers to the National Authority and State Authorities as may be notified by the Central Government. (2) The governing body of the National Authority shall meet at least once in six months. (3) The governing body and executive committee of the National Authority and the monitoring group of the National Authority shall meet at such places and shall observe such rules and procedures in regard to transaction of business at its meeting, including the quorum thereat, as may be prescribed. **15. Powers and functions of executive committee of National Authority.—(1) The executive** committee of the National Authority shall— (i) approve within three months from the date of receipt, annual plan of operations of State Authorities, with such amendments as it deems fit and proper; (ii) formulate proposals for schemes specified in sub-clause (iii) of clause (b) of section 5; (iii) execute schemes specified in sub-clause (iii) of clause (b) of section 5; (iv) deploy staff on contract or on deputation basis to the posts in the National Authority; (v) formulate proposals for creation of posts in the National Authority at the level of Assistant Inspector General of Forests and other officers; (vi) invest surplus amounts available in the National Fund; (vii) execute other day-to-day work in respect of receipt of amounts in the National Fund; (viii) maintain books of account and such other records; (ix) facilitate scientific, technological and other assistance that may be required by State Authorities; (x) present its decisions to the governing body of the National Authority for information; (xi) maintain and update a public information system on the National Authority and present all information on its transaction in the public domain; (xii) undertake any other work as may be assigned by the governing body of the National Authority or the Central Government, from time to time. (2) The executive committee of the National Authority shall meet at least once in every three months. **16. Functions of monitoring group.— (1) The monitoring group shall—** (i) evolve independent system for concurrent monitoring and evaluation of the works implemented in the States and Union territories utilising the funds released by the National Authority and State Authorities to ensure effective and proper utilisation of funds by utilising the services of the regional offices, of the Central Government in the Ministry of Environment, Forest and Climate Change: Provided that the Central Government may also undertake third party monitoring and evaluation of the works implemented in the States and Union territories utilising the funds released by the National Authority and State Authorities through individual and institutional experts including remote sensing agencies; (ii) inspect and undertake financial audit of works executed by utilising the funds released by the National Authority and State Authorities in the State and Union territories; ----- (iii) devise measures for transparency and accountability. (2) The monitoring group shall meet at least once in three months. **17. Powers and functions of State Authority.—(1) The governing body of a State Authority shall—** (i) lay down the broad policy framework for the functioning of such State Authority within the overall framework notified by the Central Government on the recommendations of the National Authority; (ii) review the working of the State Authority from time to time. (2) The governing body of a State Authority shall meet at least once in six months. (3) The governing body, steering committee and executive committee of a State Authority shall meet at such places and shall observe such rules and procedures in regards to transaction of business at its meeting, including the quorum thereat, as may be prescribed. **18. Powers and functions of steering committee of State Authority.—(1) The steering committee** of a State Authority shall— (i) scrutinise and approve with such amendments as it may deems fit and proper the annual plan of operations prepared by the executive committee of such State Authority and send the same to the executive committee of the National Authority for final approval; (ii) monitor the progress of the utilisation of funds released from the State Fund; (iii) review reports on decision taken by executive committee including investment decisions; (iv) approve, subject to prior concurrence of the State Government, proposals formulated by the executive committee for creation of posts in the State Authority; (v) approve annual report of the State Authority and send the same to the State Government to lay it, each year, in each House of the State Legislature; (vi) ensure inter-departmental coordination. (2) The steering committee of a State Authority shall meet at least once in every three months. **19. Functions and powers of executive committee of State Authority.—(1) The executive** committee of a State Authority shall— (i) formulate and submit annual plan of operations to the steering committee of the State Authority for its concurrence; (ii) undertake qualitative and quantitative supervision, monitoring and evaluation of the works being implemented from amounts available in the State Fund; (iii) invest surplus amounts available in the State Fund of such State; (iv) maintain books of account and other records; (v) submit reports to the steering committee of the State Authority; (vi) prepare annual report of the State Authority; (vii) deploy staff on contractual basis or on deputation to the posts in the State Authority; (viii) formulate proposals for creation of posts in the State Authority; (ix) be responsible for delegation of financial or administrative powers; (x) be responsible for other day-to-day working in respect of the State Authority; (xi) maintain and update public information system on the State Authority and present all information on its transaction in the public domain; (xii) undertake any other work as may be assigned by the governing body or steering committee of the State Authority or the State Government, from time to time. (2) The executive committee of a State Authority shall meet at least once in every three months. ----- CHAPTER V FINANCE, ACCOUNTS, AUDIT AND ANNUAL REPORT **20. Budget of National Authority.— (1) The National Authority shall prepare its budget for the next** financial year, showing the estimated receipts and expenditure of the National Authority and forward the same to the Central Government, in such form and at such time in each financial year as may be prescribed. (2) The National Authority, shall adopt financial regulation and procedures, in particular the procedure for drawing up and implementing the budget of the National Authority as may be prescribed. **21. Investment of funds by National Authority.— The National Authority may invest its funds,** including any reserve fund, in the securities of the Central Government and in scheduled banks in such manner as may be prescribed: Provided that the grants received from the Central Government shall not be invested and shall be utilised for the purposes and in the manner attached to it. **22. Accounts and audit of National Authority.—(1) The National Authority shall maintain proper** accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the National Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the National Authority to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General and any other person appointed by him in connection with the audit of the accounts of the National Authority shall have the same right and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the National Authority. (4) The accounts of the National Authority as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the Central Government by the National Authority. (5) The Comptroller and Auditor-General shall, within a period of six months from the date of commencement of the Act, audit the accounts of the all monies collected by the State Governments and Union territory Administrations, which has been placed under the ad hoc Authority and deposited in the nationalised banks and submit the report to the Central Government under this section. (6) The Central Government shall have the power to conduct the special audit or performance audit of the National Fund and of the National Authority through the Comptroller and Auditor- General. **23. Annual report of National Authority.— (1) The National Authority shall prepare, its annual** report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government, in such form and at such time, for each financial year, as may be prescribed. (2) The annual report shall, inter alia, provide for— (i) the summary of monitoring and evaluation of activities undertaken from amounts released from the National Fund and State Funds during the year; (ii) the summary of specific schemes specified in sub-clause (iii) of clause (b) of section 5 executed during the year; (iii) the amount of money received and expended. **24. Annual report and audit report of National Authority to be laid before** **Parliament.—The Central Government shall cause the annual report and audit report together with a** memorandum of action taken on the recommendations contained therein to be laid as soon as may be after the reports are received before each House of Parliament. ----- **25. Budget of State Authority.—(1) Each State Authority shall prepare its budget for the next** financial year, showing the estimated receipts and expenditure of the State Authority and forward the same to the State Government, in such form and at such time, in each financial year, as may be prescribed. (2) Each State Authority shall adopt financial regulation and procedures, in particular the procedure for drawing up and implementing the budget of the State Authority as may be prescribed. **26. Investment of funds by State Authority.—State Authority may invest funds available in the** State Fund of such State in the securities of the Central Government and in scheduled banks in such manner as may be prescribed: Provided that the grants received from the State Government shall not be invested and shall be utilised for the purpose and in the manner prescribed. **27. Accounts and audit of State Authority.—(1) Each State Authority shall maintain proper** accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed in consultation with the Comptroller and Auditor-General of India. (2) The accounts of each State Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Authority to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General and any other person appointed by him in connection with the audit of the accounts of the State Authority shall have the same right and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, other documents and papers and to inspect the office of the State Authority. (4) The Accounts of the State Authority as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the State Government by the State Authority. (5) The Comptroller and Auditor-General shall, within a period of six months from the date of commencement of the Act, audit the accounts of all the monies which have been transferred by the ad _hoc Authority to the State Compensatory Afforestation Fund Management and Planning Authorities_ constituted in the States in compliance of guidelines dated the 2nd July, 2009 and submit the report to the State Government under this section. (6) The Central Government and the State Government concerned shall have the power to conduct the special audit or performance audit of the State Fund and of the State Authority through the Comptroller and Auditor-General. **28. Annual report of State Authority.—(1) Each State Authority shall prepare its annual report,** giving a full account of its activities during the previous financial year and forward a copy thereof to the concerned State Government, in such form and at such time, for each financial year, as may be prescribed. (2) The annual report of a State Authority shall, inter alia, provide for— (i) the number and location of each reforestation, afforestation and conservation activity subject to the requirement of this section; (ii) the amount and location of lands in hectares, cleared, conserved and planted in connection with the activity; and (iii) the amount of afforestation money collected and expended. **29. Annual report and audit report of State Authority to be laid before State Legislature.—The** State Government shall cause the annual report and the audit report together with a memorandum of action taken on the recommendations contained therein to be laid as soon as may be after the reports are received before each House of the State Legislature: ----- Provided that in case of a Union territory having no legislature, the Central Government shall cause the annual report and the audit report together with a memorandum of action taken on the recommendations contained therein to be laid as soon as may be after the reports are received before each House of the Parliament. CHAPTER VI MISCELLANEOUS **30. Power to make rules.—(1) The Central Government in consultation with the State Governments** may, after previous publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the management of the National Fund by the National Authority under sub-section (2) of section 3; (b) the management of State Fund by the State Authorities under sub-section (2) of section 4; (c) the manner of using the money for purposes specified in clause (b) of section 6; (d) the manner of utilising the money for purposes specified in clause (c) of section 6; (e) the manner of payment of the salary and allowances payable to the officers and other employees of the State Authority under clause (f) of section 6; (f) the accounting procedure regulating the manner of crediting the monies to the National Fund and State Funds under section 7; (g) the terms of office and other conditions of the service of the members of the National Authority, executive committee, monitoring group, Chief Executive Officer and officials appointed by the National Authority, members of State Authority, steering committee and executive committee of each State Authority under section 12; (h) the rules and procedures in respect of the transaction of business of the governing body and executive committee of the National Authority and monitoring group of the National Authority and the place of meeting, including the quorum under sub-section (3) of section 14; (i) the rules and procedures in respect of the transaction of business of the governing body, steering committee and executive committee of a State Authority and the place of meeting, including the quorum under sub-section (3) of section 17; (j) the preparation of the budget of the National Authority under sub-section (1) of section 20; (k) the financial regulation and procedures, in particular the procedure for drawing up and implementing the budget of the National Authority under sub-section (2) of section 20; (l) the investment of the funds of the National Authority under section 21; (m) the maintenance of the accounts and other relevant records and preparation of an annual statement of accounts by the National Authority under sub-section (1) of section 22; (n) the preparation of the annual report by the National Authority under sub-section (1) of section 23; (o) the preparation of the budget of the State Authority under sub-section (1) of section 25; (p) the financial regulation and procedures, in particular the procedure for drawing up and implementing the budget of the State Authorities under sub-section (2) of section 25; (q) the investment of funds by the State Authorities under section 26; (r) the maintenance of the accounts and other relevant records and preparation of annual statement of accounts by each State Authority under sub-section (1) of section 27; ----- (s) the preparation of the annual report by the State Authorities under sub-section (1) of section 28; and (t) any other matter which is required to be, or may be prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **31. Transfer of assets, liabilities, etc.— (1) On and from the date of constitution of the National** Authority— (i) all the assets and liabilities of the ad hoc Authority shall stand transferred to, and vested in, the National Authority; _Explanation.—The assets of the_ _ad hoc Authority shall be deemed to include all rights and_ powers, all properties, whether movable or immovable, including in particular, cash balances, deposits, and all other interests and rights in, or arising of, such properties as may be in the possession of the _ad hoc Authority and all books of account and other documents relating to the same, and_ liabilities shall include all debts, liabilities and obligations of whatever kind; (ii) without prejudice to the provisions of clause (i), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the _ad hoc_ Authority immediately before constitution of the National Authority, for or in connection with the purpose of the ad hoc Authority, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the National Authority; (iii) all sums of money due to the _ad hoc Authority immediately before constitution of the_ National Authority shall be due to the National Authority; (iv) all suits and legal proceedings instituted or which could have been instituted by or against the _ad hoc Authority may be continued or may be instituted by or against the National Compensatory_ Authority. (2) On and from the date of constitution of a State Authority— (i) all the assets and liabilities of the State Compensatory Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 shall stand transferred to, and vested in, the State Authority. _Explanation.—The assets of the State Compensatory Afforestation Fund Management and_ Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 shall be deemed to include all rights and powers, all properties, whether movable or immovable, including in particular, cash balances, deposits, and all other interests and rights in, or arising of, such properties as may be in the possession of the State Compensatory Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 and all books of account and other documents relating to the same, and liabilities shall include all debts, liabilities and obligations of whatever kind; (ii) without prejudice to the provisions of clause (i), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the State Compensatory Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 before this Act came into force, for or in connection with the purpose of the State Compensatory Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the State Authority; ----- (iii) all sums of money due to the State Compensatory Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 before constitution of the State Authority shall be due to the State Authority; (iv) all suits and legal proceedings instituted or which could have been instituted by or against the State Compensatory Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 may be continued or may be instituted by or against the State Authority. **32. Validation.—(1) Notwithstanding anything contained in any judgment, decree or order of any** court, the amount credited to the National Fund shall be deemed to be credited and shall always be [deemed to have been credited to the public account of India within the meaning of articles 266 and 283 of](javascript:fnOpenLinkPopUp('784','17259');) the Constitution, and it shall be regulated by law made by Parliament in this behalf. (2) Notwithstanding anything contained in any judgment or order of any court, all the monies collected by the State Governments and the Union territory Administrations which has been placed under the ad hoc Authority and deposited in the nationalised banks and the interest accrued thereon shall stand transferred to the National Fund. (3) Notwithstanding anything contained in any judgment or any order of any court, the amount credited to the State Fund shall be deemed to be credited and shall always be deemed to have been [credited to the public account of the State within the meaning of articles 266 and 283 of the Constitution,](javascript:fnOpenLinkPopUp('784','17259');) and it shall be regulated by law made by the State Legislature in this behalf. **33. Power of Central Government to issue directions.—(1) The Central Government may, if it** finds necessary or expedient in the public interest, issue such policy directives to the National Authority or any State Authority, in writing and such policy directives shall be binding upon the National Authority or the State Authority, as the case may be. (2) The decision of the Central Government, whether a question is one of policy or not, shall be final. -----

27-Dec-2016

49

The Rights of Persons with Disabilities Act, 2016.

https://www.indiacode.nic.in/bitstream/123456789/2155/1/a2016-49.pdf

central

# THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II RIGHTS AND ENTITLEMENTS 3. Equality and non-discrimination. 4. Women and children with disabilities. 5. Community life. 6. Protection from cruelty and inhuman treatment. 7. Protection from abuse, violence and exploitation. 8. Protection and safety. 9. Home and family. 10. Reproductive rights. 11. Accessibility in voting. 12. Access to justice. 13. Legal capacity. 14. Provision for guardianship. 15. Designation of authorities to support. CHAPTER III EDUCATION 16. Duty of educational institutions. 17. Specific measures to promote and facilitate inclusive education. 18. Adult education. CHAPTER IV SKILL DEVELOPMENT AND EMPLOYMENT 19. Vocational training and self-employment. 20. Non-discrimination in employment. 21. Equal opportunity policy. 22. Maintenance of records. 23. Appointment of Grievance Redressal Officer. CHAPTER V SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION 24. Social security. 25. Healthcare. 26. Insurance schemes. 1 ----- SECTIONS 27. Rehabilitation. 28. Research and development. 29. Culture and recreation. 30. Sporting activities. CHAPTER VI SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITIES 31. Free education for children with benchmark disabilities. 32. Reservation in higher educational institutions. 33. Identification of posts for reservation. 34. Reservation. 35. Incentives to employers in private sector. 36. Special employment exchange. 37. Special schemes and development programmes. CHAPTER VII SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS 38. Special provisions for persons with disabilities with high support. CHAPTER VIII DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS 39. Awareness campaigns. 40. Accessibility. 41. Access to transport. 42. Access to information and communication technology. 43. Consumer goods. 44. Mandatory observance of accessibility norms. 45. Time limit for making existing infrastructure and premises accessible and action for that purpose. 46. Time limit for accessibility by service providers. 47. Human resource development. 48. Social audit. CHAPTER IX REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH INSTITUTIONS 49. Competent authority. 50. Registration. 51. Application and grant of certificate of registration. 52. Revocation of registration. 53. Appeal. 54. Act not to apply to institutions established or maintained by Central or State Government. 55. Assistance to registered institutions. CHAPTER X CERTIFICATION OF SPECIFIED DISABILITIES 56. Guidelines for assessment of specified disabilities. 2 ----- SECTIONS 57. Designation of certifying authorities. 58. Procedure for certification. 59. Appeal against a decision of certifying authority. CHAPTER XI CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE 60. Constitution of Central Advisory Board on Disability. 61. Terms and conditions of service of members. 62. Disqualifications. 63. Vacation of seats by Members. 64. Meetings of the Central Advisory Board on disability. 65. Functions of Central Advisory Board on disability. 66. State Advisory Board on disability. 67. Terms and conditions of service of Members. 68. Disqualification. 69. Vacation of seats. 70. Meetings of State Advisory Board on disability. 71. Functions of State Advisory Board on disability. 72. District-level Committee on disability. 73. Vacancies not to invalidate proceedings. CHAPTER XII CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES 74. Appointment of Chief Commissioner and Commissioners. 75. Functions of Chief Commissioner. 76. Action of appropriate authorities on recommendation of Chief Commissioner. 77. Powers of Chief Commissioner. 78. Annual and special reports by Chief Commissioner. 79. Appointment of State Commissioner in States. 80. Functions of State Commissioner. 81. Action by appropriate authorities on recommendation of State Commissioner. 82. Powers of State Commissioner. 83. Annual and special reports by State Commissioner. CHAPTER XIII SPECIAL COURT 84. Special Court. 85. Special Public Prosecutor. CHAPTER XIV NATIONAL FUND FOR PERSONS WITH DISABILITIES 86. National Fund for persons with disabilities. 87. Accounts and audit. CHAPTER XV STATE FUND FOR PERSONS WITH DISABILITIES 88. State Fund for persons with disabilities. 3 ----- CHAPTER XVI OFFENCES AND PENALTIES SECTIONS 89. Punishment for contravention of provisions of Act or rules or regulations made thereunder. 90. Offences by companies. 91. Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities. 92. Punishment for offences of atrocities. 93. Punishment for failure to furnish information. 94. Previous sanction of appropriate Government. 95. Alternative punishments. CHAPTER XVII MISCELLANEOUS 96. Application of other laws not barred. 97. Protection of action taken in good faith. 98. Power to remove difficulties. 99. Power to amend Schedule. 100. Power of Central Government to make rules. 101. Power of State Government to make rules. 102. Repeal and savings. THE SCHEDULE. 4 ----- THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 # ACT NO. 49 OF 2016 [27th December, 2016] # An Act to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto. WHEREAS the United Nations General Assembly adopted its Convention on the Rights of Persons with Disabilities on the 13th day of December, 2006. AND WHEREAS the aforesaid Convention lays down the following principles for empowerment of persons with disabilities,— (a) respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons; (b) non-discrimination; (c) full and effective participation and inclusion in society; (d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; (e) equality of opportunity; (f) accessibility; (g) equality between men and women; (h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities; AND WHEREAS India is a signatory to the said Convention; AND WHEREAS India ratified the said Convention on the 1st day of October, 2007; AND WHEREAS it is considered necessary to implement the Convention aforesaid. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Rights of Persons with** Disabilities Act, 2016. (2) It shall come into force on such [1]date as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appellate authority” means an authority notified under sub-section (3) of section 14 or sub-section (1) of section 53 or designated under sub-section (1) of section 59, as the case may be; (b) “appropriate Government” means,— (i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonments Act, 2006 (41 of 2006), the Central Government; (ii) in relation to a State Government or any establishment, wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government. (c) “barrier” means any factor including communicational, cultural, economic, environmental, institutional, political, social, attitudinal or structural factors which hampers the full and effective participation of persons with disabilities in society; 1. 19th April, 2017, vide notification no. S.O. 1215 (E) dated 19th April, 2017, _see Gazette of India, Extraordinary, Part II,_ Section 3 (ii). 5 ----- (d) “care-giver” means any person including parents and other family Members who with or without payment provides care, support or assistance to a person with disability; (e) “certifying authority” means an authority designated under sub-section (1) of section 57; (f) “communication” includes means and formats of communication, languages, display of text, Braille, tactile communication, signs, large print, accessible multimedia, written, audio, video, visual displays, sign language, plain-language, human-reader, augmentative and alternative modes and accessible information and communication technology; (g) “competent authority” means an authority appointed under section 49; (h) “discrimination” in relation to disability, means any distinction, exclusion, restriction on the basis of disability which is the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination and denial of reasonable accommodation; (i) “establishment” includes a Government establishment and private establishment; (j) “Fund” means the National Fund constituted under section 86; (k) “Government establishment” means a corporation established by or under a Central Act or State Act or an authority or a body owned or controlled or aided by the Government or a local [authority or a Government company as defined in section 2 of the Companies Act, 2013 (18 of 2013)](javascript:fnOpenLinkPopUp('12340','377078');) and includes a Department of the Government; (l) “high support” means an intensive support, physical, psychological and otherwise, which may be required by a person with benchmark disability for daily activities, to take independent and informed decision to access facilities and participating in all areas of life including education, employment, family and community life and treatment and therapy; (m) “inclusive education” means a system of education wherein students with and without disability learn together and the system of teaching and learning is suitably adapted to meet the learning needs of different types of students with disabilities; (n) “information and communication technology” includes all services and innovations relating to information and communication, including telecom services, web based services, electronic and print services, digital and virtual services; (o) “institution” means an institution for the reception, care, protection, education, training, rehabilitation and any other activities for persons with disabilities; (p) “local authority” means a Municipality or a Panchayat, as defined in clause (e) and clause (f) [of article 243P of the Constitution; a Cantonment Board constituted under the Cantonments Act, 2006](javascript:fnOpenLinkPopUp('784','17207');) (41 of 2006); and any other authority established under an Act of Parliament or a State Legislature to administer the civic affairs; (q) “notification” means a notification published in the Official Gazette and the expression “notify” or “notified” shall be construed accordingly; (r) “person with benchmark disability” means a person with not less than forty per cent. of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority; (s) “person with disability” means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others; (t) “person with disability having high support needs” means a person with benchmark disability certified under clause (a) of sub-section (2) of section 58 who needs high support; (u) “prescribed” means prescribed by rules made under this Act; 6 ----- (v) “private establishment” means a company, firm, cooperative or other society, associations, trust, agency, institution, organisation, union, factory or such other establishment as the appropriate Government may, by notification, specify; (w) “public building” means a Government or private building, used or accessed by the public at large, including a building used for educational or vocational purposes, workplace, commercial activities, public utilities, religious, cultural, leisure or recreational activities, medical or health services, law enforcement agencies, reformatories or judicial foras, railway stations or platforms, roadways bus stands or terminus, airports or waterways; (x) “public facilities and services” includes all forms of delivery of services to the public at large, including housing, educational and vocational trainings, employment and career advancement, shopping or marketing, religious, cultural, leisure or recreational, medical, health and rehabilitation, banking, finance and insurance, communication, postal and information, access to justice, public utilities, transportation; (y) “reasonable accommodation” means necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to persons with disabilities the enjoyment or exercise of rights equally with others; (z) “registered organisation” means an association of persons with disabilities or a disabled person organisation, association of parents of persons with disabilities, association of persons with disabilities and family members, or a voluntary or non-governmental or charitable organisation or trust, society, or non-profit company working for the welfare of the persons with disabilities, duly registered under an Act of Parliament or a State Legislature; (za) “rehabilitation” refers to a process aimed at enabling persons with disabilities to attain and maintain optimal, physical, sensory, intellectual, psychological environmental or social function levels; (zb) “Special Employment Exchange” means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, regarding— (i) persons who seek to engage employees from amongst the persons with disabilities; (ii) persons with benchmark disability who seek employment; (iii) vacancies to which persons with benchmark disabilities seeking employment may be appointed; (zc) “specified disability” means the disabilities as specified in the Schedule; (zd) “transportation systems” includes road transport, rail transport, air transport, water transport, para transit systems for the last mile connectivity, road and street infrastructure, etc; (ze) “universal design” means the design of products, environments, programmes and services to be usable by all people to the greatest extent possible, without the need for adaptation or specialised design and shall apply to assistive devices including advanced technologies for particular group of persons with disabilities. CHAPTER II RIGHTS AND ENTITLEMENTS **3. Equality and non-discrimination.—(1) The appropriate Government shall ensure that the persons** with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others. (2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing appropriate environment. (3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim. (4) No person shall be deprived of his or her personal liberty only on the ground of disability. 7 ----- (5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities. **4. Women and children with disabilities.—(1) The appropriate Government and the local** authorities shall take measures to ensure that the women and children with disabilities enjoy their rights equally with others. (2) The appropriate Government and local authorities shall ensure that all children with disabilities shall have right on an equal basis to freely express their views on all matters affecting them and provide them appropriate support keeping in view their age and disability.”. **5. Community life.—(1) The persons with disabilities shall have the right to live in the community.** (2) The appropriate Government shall endeavour that the persons with disabilities are,— (a) not obliged to live in any particular living arrangement; and (b) given access to a range of in-house, residential and other community support services, including personal assistance necessary to support living with due regard to age and gender. **6. Protection from cruelty and inhuman treatment.—(1) The appropriate Government shall take** measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment. (2) No person with disability shall be a subject of any research without,— (i) his or her free and informed consent obtained through accessible modes, means and formats of communication; and (ii) prior permission of a Committee for Research on Disability constituted in the prescribed manner for the purpose by the appropriate Government in which not less than half of the Members shall themselves be either persons with disabilities or Members of the registered organisation as defined under clause (z) of section 2. **7. Protection from abuse, violence and exploitation.—(1) The appropriate Government shall take** measures to protect persons with disabilities from all forms of abuse, violence and exploitation and to prevent the same, shall— (a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies available against such incidents; (b) take steps for avoiding such incidents and prescribe the procedure for its reporting; (c) take steps to rescue, protect and rehabilitate victims of such incidents; and (d) create awareness and make available information among the public. (2) Any person or registered organisation who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person with disability, may give information about it to the Executive Magistrate within the local limits of whose jurisdiction such incidents occur. (3) The Executive Magistrate on receipt of such information, shall take immediate steps to stop or prevent its occurrence, as the case may be, or pass such order as he deems fit for the protection of such person with disability including an order— (a) to rescue the victim of such act, authorising the police or any organisation working for persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as the case may be; (b) for providing protective custody to the person with disability, if such person so desires; (c) to provide maintenance to such person with disability. 8 ----- (4) Any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability shall inform the aggrieved person of— (a) his or her right to apply for protection under sub-section (2) and the particulars of the Executive Magistrate having jurisdiction to provide assistance; (b) the particulars of the nearest organisation or institution working for the rehabilitation of persons with disabilities; (c) the right to free legal aid; and (d) the right to file a complaint under the provisions of this Act or any other law dealing with such offence: Provided that nothing in this section shall be construed in any manner as to relieve the police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence. (5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an offence under the Indian Penal Code (45 of 1860), or under any other law for the time being in force, he may forward the complaint to that effect to the Judicial or Metropolitan Magistrate, as the case may be, having jurisdiction in the matter. **8. Protection and safety.—(1) The persons with disabilities shall have equal protection and safety in** situations of risk, armed conflict, humanitarian emergencies and natural disasters. (2) The National Disaster Management Authority and the State Disaster Management Authority shall take appropriate measures to ensure inclusion of persons with disabilities in its disaster management [activities as defined under clause (e) of section 2 of the Disaster Management Act, 2005 (53 of 2005) for](javascript:fnOpenLinkPopUp('2137','86318');) the safety and protection of persons with disabilities. [(3) The District Disaster Management Authority constituted under section 25 of the Disaster](javascript:fnOpenLinkPopUp('2137','86344');) Management Act, 2005 (53 of 2005) shall maintain record of details of persons with disabilities in the district and take suitable measures to inform such persons of any situations of risk so as to enhance disaster preparedness. (4) The authorities engaged in reconstruction activities subsequent to any situation of risk, armed conflict or natural disasters shall undertake such activities, in consultation with the concerned State Commissioner, in accordance with the accessibility requirements of persons with disabilities. **9. Home and family.—(1) No child with disability shall be separated from his or her parents on the** ground of disability except on an order of competent court, if required, in the best interest of the child. (2) Where the parents are unable to take care of a child with disability, the competent court shall place such child with his or her near relations, and failing that within the community in a family setting or in exceptional cases in shelter home run by the appropriate Government or non-governmental organisation, as may be required. **10. Reproductive rights.—(1) The appropriate Government shall ensure that persons with** disabilities have access to appropriate information regarding reproductive and family planning. (2) No person with disability shall be subject to any medical procedure which leads to infertility without his or her free and informed consent. **11. Accessibility in voting.—The Election Commission of India and the State Election Commissions** shall ensure that all polling stations are accessible to persons with disabilities and all materials related to the electoral process are easily understandable by and accessible to them. **12. Access to justice.—(1) The appropriate Government shall ensure that persons with disabilities are** able to exercise the right to access any court, tribunal, authority, commission or any other body having judicial or quasi-judicial or investigative powers without discrimination on the basis of disability. 9 ----- (2) The appropriate Government shall take steps to put in place suitable support measures for persons with disabilities specially those living outside family and those disabled requiring high support for exercising legal rights. (3) The National Legal Services Authority and the State Legal Services Authorities constituted under the Legal Services Authorities Act, 1987 (39 of 1987) shall make provisions including reasonable accommodation to ensure that persons with disabilities have access to any scheme, programme, facility or service offered by them equally with others. (4) The appropriate Government shall take steps to— (a) ensure that all their public documents are in accessible formats; (b) ensure that the filing departments, registry or any other office of records are supplied with necessary equipment to enable filing, storing and referring to the documents and evidence in accessible formats; and (c) make available all necessary facilities and equipment to facilitate recording of testimonies, arguments or opinion given by persons with disabilities in their preferred language and means of communication. **13. Legal capacity.—(1) The appropriate Government shall ensure that the persons with disabilities** have right, equally with others, to own or inherit property, movable or immovable, control their financial affairs and have access to bank loans, mortgages and other forms of financial credit. (2) The appropriate Government shall ensure that the persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life and have the right to equal recognition everywhere as any other person before the law. (3) When a conflict of interest arises between a person providing support and a person with disability in a particular financial, property or other economic transaction, then such supporting person shall abstain from providing support to the person with disability in that transaction: Provided that there shall not be a presumption of conflict of interest just on the basis that the supporting person is related to the person with disability by blood, affinity or adoption. (4) A person with disability may alter, modify or dismantle any support arrangement and seek the support of another: Provided that such alteration, modification or dismantling shall be prospective in nature and shall not nullify any third party transaction entered into by the person with disability with the aforesaid support arrangement. (5) Any person providing support to the person with disability shall not exercise undue influence and shall respect his or her autonomy, dignity and privacy. **14. Provision for guardianship.—(1) Notwithstanding anything contained in any other law for the** time being in force, on and from the date of commencement of this Act, where a district court or any designated authority, as notified by the State Government, finds that a person with disability, who had been provided adequate and appropriate support but is unable to take legally binding decisions, may be provided further support of a limited guardian to take legally binding decisions on his behalf in consultation with such person, in such manner, as may be prescribed by the State Government: Provided that the District Court or the designated authority, as the case may be, may grant total support to the person with disability requiring such support or where the limited guardianship is to be granted repeatedly, in which case, the decision regarding the support to be provided shall be reviewed by the Court or the designated authority, as the case may be, to determine the nature and manner of support to be provided. _Explanation.—For the purposes of this sub-section, “limited guardianship” means a system of joint_ decision which operates on mutual understanding and trust between the guardian and the person with disability, which shall be limited to a specific period and for specific decision and situation and shall operate in accordance to the will of the person with disability. 10 ----- (2) On and from the date of commencement of this Act, every guardian appointed under any provision of any other law for the time being in force, for a person with disability shall be deemed to function as a limited guardian. (3) Any person with disability aggrieved by the decision of the designated authority appointing a legal guardian may prefer an appeal to such appellate authority, as may be notified by the State Government for the purpose. **15. Designation of authorities to support.—(1) The appropriate Government shall designate one or** more authorities to mobilise the community and create social awareness to support persons with disabilities in exercise of their legal capacity. (2) The authority designated under sub-section (1) shall take measures for setting up suitable support arrangements to exercise legal capacity by persons with disabilities living in institutions and those with high support needs and any other measures as may be required. CHAPTER III EDUCATION **16. Duty of educational institutions.—The appropriate Government and the local authorities shall** endeavour that all educational institutions funded or recognised by them provide inclusive education to the children with disabilities and towards that end shall— (i) admit them without discrimination and provide education and opportunities for sports and recreation activities equally with others; (ii) make building, campus and various facilities accessible; (iii) provide reasonable accommodation according to the individual's requirements; (iv) provide necessary support individualised or otherwise in environments that maximise academic and social development consistent with the goal of full inclusion; (v) ensure that the education to persons who are blind or deaf or both is imparted in the most appropriate languages and modes and means of communication; (vi) detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them; (vii) monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disability; (viii) provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs. **17. Specific measures to promote and facilitate inclusive education.—The appropriate** Government and the local authorities shall take the following measures for the purpose of section 16, namely:— (a) to conduct survey of school going children in every five years for identifying children with disabilities, ascertaining their special needs and the extent to which these are being met: Provided that the first survey shall be conducted within a period of two years from the date of commencement of this Act; (b) to establish adequate number of teacher training institutions; (c) to train and employ teachers, including teachers with disability who are qualified in sign language and Braille and also teachers who are trained in teaching children with intellectual disability; (d) to train professionals and staff to support inclusive education at all levels of school education; (e) to establish adequate number of resource centres to support educational institutions at all levels of school education; (f) to promote the use of appropriate augmentative and alternative modes including means and formats of communication, Braille and sign language to supplement the use of one’s own speech to 11 ----- fulfil the daily communication needs of persons with speech, communication or language disabilities and enables them to participate and contribute to their community and society; (g) to provide books, other learning materials and appropriate assistive devices to students with benchmark disabilities free of cost up to the age of eighteen years; (h) to provide scholarships in appropriate cases to students with benchmark disability; (i) to make suitable modifications in the curriculum and examination system to meet the needs of students with disabilities such as extra time for completion of examination paper, facility of scribe or amanuensis, exemption from second and third language courses; (j) to promote research to improve learning; and (k) any other measures, as may be required. **18. Adult education.—The appropriate Government and the local authorities shall take measures to** promote, protect and ensure participation of persons with disabilities in adult education and continuing education programmes equally with others. CHAPTER IV SKILL DEVELOPMENT AND EMPLOYMENT **19. Vocational training and self-employment.—(1) The appropriate Government shall formulate** schemes and programmes including provision of loans at concessional rates to facilitate and support employment of persons with disabilities especially for their vocational training and self-employment. (2) The schemes and programmes referred to in sub-section (1) shall provide for— (a) inclusion of person with disability in all mainstream formal and non-formal vocational and skill training schemes and programmes; (b) to ensure that a person with disability has adequate support and facilities to avail specific training; (c) exclusive skill training programmes for persons with disabilities with active links with the market, for those with developmental, intellectual, multiple disabilities and autism; (d) loans at concessional rates including that of microcredit; (e) marketing the products made by persons with disabilities; and (f) maintenance of disaggregated data on the progress made in the skill training and self employment, including persons with disabilities. **20. Non-discrimination in employment.—(1) No Government establishment shall discriminate** against any person with disability in any matter relating to employment: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section. (2) Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability. (3) No promotion shall be denied to a person merely on the ground of disability. (4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service: Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. (5) The appropriate Government may frame policies for posting and transfer of employees with disabilities. 12 ----- **21. Equal opportunity policy.—(1) Every establishment shall notify equal opportunity policy** detailing measures proposed to be taken by it in pursuance of the provisions of this Chapter in the manner as may be prescribed by the Central Government. (2) Every establishment shall register a copy of the said policy with the Chief Commissioner or the State Commissioner, as the case may be. **22. Maintenance of records.—(1) Every establishment shall maintain records of the persons with** disabilities in relation to the matter of employment, facilities provided and other necessary information in compliance with the provisions of this Chapter in such form and manner as may be prescribed by the Central Government. (2) Every employment exchange shall maintain records of persons with disabilities seeking employment. (3) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorised in their behalf by the appropriate Government. **23. Appointment of Grievance Redressal Officer.—(1) Every Government establishment shall** appoint a Grievance Redressal Officer for the purpose of section 19 and shall inform the Chief Commissioner or the State Commissioner, as the case may be, about the appointment of such officer. (2) Any person aggrieved with the non-compliance of the provisions of section 20, may file a complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with the establishment for corrective action. (3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be prescribed by the Central Government, and every complaint shall be inquired within two weeks of its registration. (4) If the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may approach the District-Level Committee on disability. CHAPTER V SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION **24. Social security.—(1) The appropriate Government shall within the limit of its economic capacity** and development formulate necessary schemes and programmes to safeguard and promote the right of persons with disabilities for adequate standard of living to enable them to live independently or in the community: Provided that the quantum of assistance to the persons with disabilities under such schemes and programmes shall be at least twenty-five per cent. higher than the similar schemes applicable to others. (2) The appropriate Government while devising these schemes and programmes shall give due consideration to the diversity of disability, gender, age, and socio-economic status. (3) The schemes under sub-section (1) shall provide for,— (a) community centres with good living conditions in terms of safety, sanitation, health care and counselling; (b) facilities for persons including children with disabilities who have no family or have been abandoned, or are without shelter or livelihood; (c) support during natural or man-made disasters and in areas of conflict; (d) support to women with disability for livelihood and for upbringing of their children; (e) access to safe drinking water and appropriate and accessible sanitation facilities especially in urban slums and rural areas; (f) provisions of aids and appliances, medicine and diagnostic services and corrective surgery free of cost to persons with disabilities with such income ceiling as may be notified; 13 ----- (g) disability pension to persons with disabilities subject to such income ceiling as may be notified; (h) unemployment allowance to persons with disabilities registered with Special Employment Exchange for more than two years and who could not be placed in any gainful occupation; (i) care-giver allowance to persons with disabilities with high support needs; (j) comprehensive insurance scheme for persons with disability, not covered under the Employees State Insurance Schemes, or any other statutory or Government-sponsored insurance schemes; (k) any other matter which the appropriate Government may think fit. **25. Healthcare.—(1) The appropriate Government and the local authorities shall take necessary** measures for the persons with disabilities to provide,— (a) free healthcare in the vicinity specially in rural area subject to such family income as may be notified; (b) barrier-free access in all parts of Government and private hospitals and other healthcare institutions and centres; (c) priority in attendance and treatment. (2) The appropriate Government and the local authorities shall take measures and make schemes or programmes to promote healthcare and prevent the occurrence of disabilities and for the said purpose shall— (a) undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities; (b) promote various methods for preventing disabilities; (c) screen all the children at least once in a year for the purpose of identifying “at-risk” cases; (d) provide facilities for training to the staff at the primary health centres; (e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation; (f) take measures for pre-natal, perinatal and post-natal care of mother and child; (g) educate the public through the pre-schools, schools, primary health centres, village level workers and anganwadi workers; (h) create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted; (i) healthcare during the time of natural disasters and other situations of risk; (j) essential medical facilities for life saving emergency treatment and procedures; and (k) sexual and reproductive healthcare especially for women with disability. **26. Insurance schemes.—The appropriate Government shall, by notification, make insurance** schemes for their employees with disabilities. **27. Rehabilitation.—(1) The appropriate Government and the local authorities shall within their** economic capacity and development, undertake or cause to be undertaken services and programmes of rehabilitation, particularly in the areas of health, education and employment for all persons with disabilities. (2) For the purposes of sub-section (1), the appropriate Government and the local authorities may grant financial assistance to non-Governmental Organisations. 14 ----- (3) The appropriate Government and the local authorities, while formulating rehabilitation policies shall consult the non-Governmental Organisations working for the cause of persons with disabilities. **28. Research and development.—The appropriate Government shall initiate or cause to be initiated** research and development through individuals and institutions on issues which shall enhance habilitation and rehabilitation and on such other issues which are necessary for the empowerment of persons with disabilities. **29. Culture and recreation.—The appropriate Government and the local authorities shall take** measures to promote and protect the rights of all persons with disabilities to have a cultural life and to participate in recreational activities equally with others which include,— (a) facilities, support and sponsorships to artists and writers with disability to pursue their interests and talents; (b) establishment of a disability history museum which chronicles and interprets the historical experiences of persons with disabilities; (c) making art accessible to persons with disabilities; (d) promoting recreation centres, and other associational activities; (e) facilitating participation in scouting, dancing, art classes, outdoor camps and adventure activities; (f) redesigning courses in cultural and arts subjects to enable participation and access for persons with disabilities; (g) developing technology, assistive devices and equipments to facilitate access and inclusion for persons with disabilities in recreational activities; and (h) ensuring that persons with hearing impairment can have access to television programmes with sign language interpretation or sub-titles. **30. Sporting activities.—(1) The appropriate Government shall take measures to ensure effective** participation in sporting activities of the persons with disabilities. (2) The sports authorities shall accord due recognition to the right of persons with disabilities to participate in sports and shall make due provisions for the inclusion of persons with disabilities in their schemes and programmes for the promotion and development of sporting talents. (3) Without prejudice to the provisions contained in sub-sections (1) and (2), the appropriate Government and the sports authorities shall take measures to,— (a) restructure courses and programmes to ensure access, inclusion and participation of persons with disabilities in all sporting activities; (b) redesign and support infrastructure facilities of all sporting activities for persons with disabilities; (c) develop technology to enhance potential, talent, capacity and ability in sporting activities of all persons with disabilities; (d) provide multi-sensory essentials and features in all sporting activities to ensure effective participation of all persons with disabilities; (e) allocate funds for development of state of art sport facilities for training of persons with disabilities; (f) promote and organise disability specific sporting events for persons with disabilities and also facilitate awards to the winners and other participants of such sporting events. 15 ----- CHAPTER VI SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITES **31. Free education for children with benchmark disabilities.—(1) Notwithstanding anything** contained in the Rights of Children to Free and Compulsory Education Act, 2009 (35 of 2009), every child with benchmark disability between the age of six to eighteen years shall have the right to free education in a neighbourhood school, or in a special school, of his choice. (2) The appropriate Government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years. **32. Reservation in higher educational institutions.—(1) All Government institutions of higher** education and other higher education institutions receiving aid from the Government shall reserve not less than five per cent. seats for persons with benchmark disabilities. (2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education. **33. Identification of posts for reservation.—The appropriate Government shall—** (i) identify posts in the establishments which can be held by respective category of persons with benchmark disabilities in respect of the vacancies reserved in accordance with the provisions of section 34; (ii) constitute an expert committee with representation of persons with benchmark disabilities for identification of such posts; and (iii) undertake periodic review of the identified posts at an interval not exceeding three years. **34. Reservation.—(1) Every appropriate Government shall appoint in every Government** establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e), namely:— (a) blindness and low vision; (b) deaf and hard of hearing; (c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy; (d) autism, intellectual disability, specific learning disability and mental illness; (e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities: Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time: Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section. (2) Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability: Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government. 16 ----- (3) The appropriate Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit. **35. Incentives to employers in private sector.—The appropriate Government and the local** authorities shall, within the limit of their economic capacity and development, provide incentives to employer in private sector to ensure that at least five per cent. of their work force is composed of persons with benchmark disability. **36. Special employment exchange.—The appropriate Government may, by notification, require that** from such date, the employer in every establishment shall furnish such information or return as may be prescribed by the Central Government in relation to vacancies appointed for persons with benchmark disability that have occurred or are about to occur in that establishment to such special employment exchange as may be notified by the Central Government and the establishment shall thereupon comply with such requisition. **37. Special schemes and development programmes.—The appropriate Government and the local** authorities shall, by notification, make schemes in favour of persons with benchmark disabilities, to provide,— (a) five per cent. reservation in allotment of agricultural land and housing in all relevant schemes and development programmes, with appropriate priority to women with benchmark disabilities; (b) five per cent. reservation in all poverty alleviation and various developmental schemes with priority to women with benchmark disabilities; (c) five per cent. reservation in allotment of land on concessional rate, where such land is to be used for the purpose of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centres and production centres. CHAPTER VII SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS **38. Special provisions for persons with disabilities with high support.—(1) Any person with** benchmark disability, who considers himself to be in need of high support, or any person or organisation on his or her behalf, may apply to an authority, to be notified by the appropriate Government, requesting to provide high support. (2) On receipt of an application under sub-section (1), the authority shall refer it to an Assessment Board consisting of such Members as may be prescribed by the Central Government. (3) The Assessment Board shall assess the case referred to it under sub-section (1) in such manner as may be prescribed by the Central Government, and shall send a report to the authority certifying the need of high support and its nature. (4) On receipt of a report under sub-section (3), the authority shall take steps to provide support in accordance with the report and subject to relevant schemes and orders of the appropriate Government in this behalf. CHAPTER VIII DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS **39. Awareness campaigns.—(1) The appropriate Government, in consultation with the Chief** Commissioner or the State Commissioner, as the case may be, shall conduct, encourage, support or promote awareness campaigns and sensitisation programmes to ensure that the rights of the persons with disabilities provided under this Act are protected. (2) The programmes and campaigns specified under sub-section (1) shall also,— (a) promote values of inclusion, tolerance, empathy and respect for diversity; (b) advance recognition of the skills, merits and abilities of persons with disabilities and of their contributions to the workforce, labour market and professional fee; (c) foster respect for the decisions made by persons with disabilities on all matters related to family life, relationships, bearing and raising children; (d) provide orientation and sensitisation at the school, college, University and professional training level on the human condition of disability and the rights of persons with disabilities; 17 ----- (e) provide orientation and sensitisation on disabling conditions and rights of persons with disabilities to employers, administrators and co-workers; (f) ensure that the rights of persons with disabilities are included in the curriculum in Universities, colleges and schools. **40. Accessibility.—The Central Government shall, in consultation with the Chief Commissioner,** formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas. **41. Access to transport.—(1) The appropriate Government shall take suitable measures to** provide,— (a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines; (b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design; (c) accessible roads to address mobility necessary for persons with disabilities. (2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,— (a) incentives and concessions; (b) retrofitting of vehicles; and (c) personal mobility assistance. **42. Access to information and communication technology.—The appropriate Government shall** take measures to ensure that,— (i) all contents available in audio, print and electronic media are in accessible format; (ii) persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning; (iii) electronic goods and equipment which are meant for every day use are available in universal design. **43. Consumer goods.—The appropriate Government shall take measures to promote development,** production and distribution of universally designed consumer products and accessories for general use for persons with disabilities. **44. Mandatory observance of accessibility norms.—(1) No establishment shall be granted** permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40. (2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government. **45. Time limit for making existing infrastructure and premises accessible and action for that** **purpose.—(1) All existing public buildings shall be made accessible in accordance with the rules** formulated by the Central Government within a period not exceeding five years from the date of notification of such rules: Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters. 18 ----- (2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops. **46. Time limit for accessibility by service providers.—The service providers whether Government** or private shall provide services in accordance with the rules on accessibility formulated by the Central Government under section 40 within a period of two years from the date of notification of such rules: Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules. **47. Human resource development.—(1) Without prejudice to any function and power of** Rehabilitation Council of India constituted under the Rehabilitation Council of India Act, 1992 (34 of 1992), the appropriate Government shall endeavour to develop human resource for the purposes of this Act and to that end shall,— (a) mandate training on disability rights in all courses for the training of Panchayati Raj Members, legislators, administrators, police officials, judges and lawyers; (b) induct disability as a component for all education courses for schools, colleges and University teachers, doctors, nurses, para-medical personnel, social welfare officers, rural development officers, asha workers, anganwadi workers, engineers, architects, other professionals and community workers; (c) initiate capacity building programmes including training in independent living and community relationships for families, members of community and other stakeholders and care providers on care giving and support; (d) ensure independence training for persons with disabilities to build community relationships on mutual contribution and respect; (e) conduct training programmes for sports teachers with focus on sports, games, adventure activities; (f) any other capacity development measures as may be required. (2) All Universities shall promote teaching and research in disability studies including establishment of study centres for such studies. (3) In order to fulfil the obligation stated in sub-section (1), the appropriate Government shall in every five years undertake a need based analysis and formulate plans for the recruitment, induction, sensitisation, orientation and training of suitable personnel to undertake the various responsibilities under this Act. **48. Social audit.—The appropriate Government shall undertake social audit of all general schemes** and programmes involving the persons with disabilities to ensure that the scheme and programmes do not have an adverse impact upon the persons with disabilities and need the requirements and concerns of persons with disabilities. CHAPTER IX REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH INSTITUTIONS **49. Competent authority.—The State Government shall appoint an authority as it deems fit to be a** competent authority for the purposes of this Chapter. **50. Registration.—Save as otherwise provided under this Act, no person shall establish or maintain** any institution for persons with disabilities except in accordance with a certificate of registration issued in this behalf by the competent authority: Provided that an institution for care of mentally ill persons, which holds a valid licence under [section 8 of the Mental Health Act, 1987 (14 of 1987) or any other Act for the time being in force, shall](javascript:fnOpenLinkPopUp('1829','70704');) not be required to be registered under this Act. **51. Application and grant of certificate of registration.—(1) Every application for a certificate of** registration shall be made to the competent authority in such form and in such manner as may be prescribed by the State Government. 19 ----- (2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and on being satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder, it shall grant a certificate of registration to the applicant within a period of ninety days of receipt of application and if not satisfied, the competent authority shall, by order, refuse to grant the certificate applied for: Provided that before making any order refusing to grant a certificate, the competent authority shall give the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in writing. (3) No certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and meet such standards as may be prescribed by the State Government. (4) The certificate of registration granted under sub-section (2),— (a) shall, unless revoked under section 52 remain in force for such period as may be prescribed by the State Government; (b) may be renewed from time to time for a like period; and (c) shall be in such form and shall be subject to such conditions as may be prescribed by the State Government. (5) An application for renewal of a certificate of registration shall be made not less than sixty days before the expiry of the period of validity. (6) A copy of the certificate of registration shall be displayed by the institution in a conspicuous place. (7) Every application made under sub-section (1) or sub-section (5) shall be disposed of by the competent authority within such period as may be prescribed by the State Government. **52. Revocation of registration.—(1) The competent authority may, if it has reason to believe that the** holder of a certificate of registration granted under sub-section (2) of section 51 has,— (a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or (b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted, it may, after making such inquiry, as it deems fit, by order, revoke the certificate: Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate of registration shall not be revoked. (2) Where a certificate of registration in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation: Provided that where an appeal lies under section 53 against the order of revocation, such institution shall cease to function,— (a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal; or (b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal. (3) On the revocation of a certificate of registration in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be— (a) restored to the custody of his or her parent, spouse or lawful guardian, as the case may be; or (b) transferred to any other institution specified by the competent authority. 20 ----- (4) Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority. **53. Appeal.—(1) Any person aggrieved by the order of the competent authority refusing to grant a** certificate of registration or revoking a certificate of registration may, within such period as may be prescribed by the State Government, prefer an appeal to such appellate authority, as may be notified by the State Government against such refusal or revocation. (2) The order of the appellate authority on such appeal shall be final. **54. Act not to apply to institutions established or maintained by Central or State** **Government.—Nothing contained in this Chapter shall apply to an institution for persons with** disabilities established or maintained by the Central Government or a State Government. **55. Assistance to registered institutions.—The appropriate Government may within the limits of** their economic capacity and development, grant financial assistance to registered institutions to provide services and to implement the schemes and programmes in pursuance of the provisions of this Act. CHAPTER X CERTIFICATION OF SPECIFIED DISABILITIES **56. Guidelines for assessment of specified disabilities.—The Central Government shall notify** guidelines for the purpose of assessing the extent of specified disability in a person. **57. Designation of certifying authorities.—(1) The appropriate Government shall designate persons,** having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability. (2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions. **58. Procedure for certification.—(1) Any person with specified disability, may apply, in such** manner as may be prescribed by the Central Government, to a certifying authority having jurisdiction, for issuing of a certificate of disability. (2) On receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be,— (a) issue a certificate of disability to such person, in such form as may be prescribed by the Central Government; (b) inform him in writing that he has no specified disability. (3) The certificate of disability issued under this section shall be valid across the country. **59. Appeal against a decision of certifying authority.—(1) Any person aggrieved with decision of** the certifying authority, may appeal against such decision, within such time and in such manner as may be prescribed by the State Government, to such appellate authority as the State Government may designate for the purpose. (2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be prescribed by the State Government. CHAPTER XI CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE **60. Constitution of Central Advisory Board on Disability.—(1) The Central Government shall, by** notification, constitute a body to be known as the Central Advisory Board on Disability to exercise the powers conferred on, and to perform the functions assigned to it, under this Act. (2) The Central Advisory Board shall consist of,— (a) the Minister in charge of Department of Disability Affairs in the Central Government, Chairperson, ex officio; (b) the Minister of State in charge dealing with Department of Disability Affairs in the Ministry in the Central Government, Vice Chairperson, ex officio; (c) three Members of Parliament, of whom two shall be elected by Lok Sabha and one by the Rajya Sabha, Members, ex officio; 21 ----- (d) the Ministers in charge of Disability Affairs of all States and Administrators or Lieutenant Governors of the Union territories, Members, ex officio; (e) Secretaries to the Government of India in charge of the Ministries or Departments of Disability Affairs, Social Justice and Empowerment, School Education and Literacy, and Higher Education, Women and Child Development, Expenditure, Personnel and Training, Administrative Reforms and Public Grievances, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion, Urban Development, Housing and Urban Poverty Alleviation, Science and Technology, Communications and Information Technology, Legal Affairs, Public Enterprises, Youth Affairs and Sports, Road Transport and Highways and Civil Aviation, Members, _ex officio;_ (f) Secretary, National Institute of Transforming India (NITI) Aayog, Member, ex officio; (g) Chairperson, Rehabilitation Council of India, Member, ex officio; (h) Chairperson, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, Member, ex officio; (i) Chairman-cum-Managing Director, National Handicapped Finance Development Corporation, Member, ex officio; (j) Chairman-cum-Managing Director, Artificial Limbs Manufacturing Corporation, Member, _ex officio;_ (k) Chairman, Railway Board, Member, ex officio; (l) Director-General, Employment and Training, Ministry of Labour and Employment, Member, _ex officio;_ (m) Director, National Council for Educational Research and Training, Member, ex officio; (n) Chairperson, National Council of Teacher Education, Member, ex officio; (o) Chairperson, University Grants Commission, Member, ex officio; (p) Chairperson, Medical Council of India, Member, ex officio; (q) Directors of the following Institutes:— (i) National Institute for the Visually Handicapped, Dehradun; (ii) National Institute for the Mentally Handicapped, Secunderabad; (iii) Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped, New Delhi; (iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai; (v) National Institute for the Orthopaedically Handicapped, Kolkata; (vi) National Institute of Rehabilitation Training and Research, Cuttack; (vii) National Institute for Empowerment of Persons with Multiple Disabilities, Chennai; (viii) National Institute for Mental Health and Sciences, Bangalore; (ix) Indian Sign Language Research and Training Centre, New Delhi, Members, ex officio; (r) Members to be nominated by the Central Government,— (i) five Members who are experts in the field of disability and rehabilitation; (ii) ten Members, as far as practicable, being persons with disabilities, to represent non-Governmental Organisations concerned with disabilities or disabled persons organisations: Provided that out of the ten Members nominated, at least, five Members shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes; 22 ----- (iii) up to three representatives of national level chambers of commerce and industry; (s) Joint Secretary to the Government of India dealing with the subject of disability policy, Member-Secretary, ex officio. **61. Terms and conditions of Service of members.—(1) Save as otherwise provided under this Act,** a Member of the Central Advisory Board nominated under clause (r) of sub-section (2) of section 60 shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The Central Government may, if it thinks fit, remove any Member nominated under clause (r) of sub-section (2) of section 60, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (3) A Member nominated under clause (r) of sub-section (2) of section 60 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon becomes vacant. (4) A casual vacancy in the Central Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated. (5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (r) of sub-section (2) of section 60 shall be eligible for renomination. (6) The Members nominated under sub-clause (i) and sub-clause (ii) of clause (r) of sub-section (2) of section 60 shall receive such allowances as may be prescribed by the Central Government. **62. Disqualifications.—(1) No person shall be a Member of the Central Advisory Board, who—** (a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or (b) is of unsound mind and stands so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has so abused his position in the opinion of the Central Government as a Member so as to render his continuance in the office is prejudicial interests of the general public. (2) No order of removal shall be made by the Central Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same. (3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 61, a Member who has been removed under this section shall not be eligible for renomination as a Member. **63. Vacation of seats by Members.—If a Member of the Central Advisory Board becomes subject to** any of the disqualifications specified in section 62, his seat shall become vacant. **64. Meetings of the Central Advisory Board on disability.—The Central Advisory Board shall** meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. **65. Functions of Central Advisory Board on disability.—(1) Subject to the provisions of this Act,** the Central Advisory Board on disability shall be the national-level consultative and advisory body on disability matters, and shall facilitate the continuous evolution of a comprehensive policy for the empowerment of persons with disabilities and the full enjoyment of rights. 23 ----- (2) In particular and without prejudice to the generality of the foregoing provisions, the Central Advisory Board on disability shall perform the following functions, namely:— (a) advise the Central Government and the State Governments on policies, programmes, legislation and projects with respect to disability; (b) develop a national policy to address issues concerning persons with disabilities; (c) review and coordinate the activities of all Departments of the Government and other Governmental and non-Governmental Organisations which are dealing with matters relating to persons with disabilities; (d) take up the cause of persons with disabilities with the concerned authorities and the international organisations with a view to provide for schemes and projects for the persons with disabilities in the national plans; (e) recommend steps to ensure accessibility, reasonable accommodation, non-discrimination for persons with disabilities _vis-a-vis information, services and the built environment and their_ participation in social life; (f) monitor and evaluate the impact of laws, policies and programmes to achieve full participation of persons with disabilities; and (g) such other functions as may be assigned from time to time by the Central Government. **66. State Advisory Board on disability.—(1) Every State Government shall, by notification,** constitute a body to be known as the State Advisory Board on disability to exercise the powers conferred on, and to perform the function assigned to it, under this Act. (2) The State Advisory Board shall consist of— (a) the Minister in charge of the Department in the State Government dealing with disability matters, Chairperson, ex officio; (b) the Minister of State or the Deputy Minister in charge of the Department in the State Government dealing with disability matters, if any, Vice-Chairperson, ex officio; (c) secretaries to the State Government in charge of the Departments of Disability Affairs, School Education, Literacy and Higher Education, Women and Child Development, Finance, Personnel and Training, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion, Labour and Employment, Urban Development, Housing and Urban Poverty Alleviation, Science and Technology, Information Technology, Public Enterprises, Youth Affairs and Sports, Road Transport and any other Department, which the State Government considers necessary, Members, ex officio; (d) three Members of the State Legislature of whom two shall be elected by the Legislative Assembly and one by the Legislative Council, if any, and where there is no Legislative Council, three Members shall be elected by the Legislative Assembly, Members, ex officio; (e) Members to be nominated by the State Government:— (i) five Members who are experts in the field of disability and rehabilitation; (ii) five Members to be nominated by the State Government by rotation to represent the districts in such manner as may be prescribed: Provided that no nomination under this sub-clause shall be made except on the recommendation of the district administration concerned; (iii) ten persons as far as practicable, being persons with disabilities, to represent non-Governmental Organisations or associations which are concerned with disabilities: Provided that out of the ten persons nominated under this clause, at least, five shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes; 24 ----- (iv) not more than three representatives of the State Chamber of Commerce and Industry; (f) officer not below the rank of Joint Secretary in the Department dealing with disability matters in the State Government, Member-Secretary, ex officio. **67. Terms and conditions of service of Members.—(1) Save as otherwise provided under this Act,** a Member of the State Advisory Board nominated under clause (e) of sub-section (2) of section 66, shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The State Government may, if it thinks fit, remove any Member nominated under clause (e) of sub-section (2) of section 66, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (3) A Member nominated under clause (e) of sub-section (2) of section 66 may at any time resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant. (4) A casual vacancy in the State Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated. (5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (e) of sub-section (2) of section 66 shall be eligible for renomination. (6) The Members nominated under sub-clause (i) and sub-clause (ii) of clause (e) of sub-section (2) of section 66 shall receive such allowances as may be prescribed by the State Government. **68. Disqualification.—(1) No person shall be a Member of the State Advisory Board, who—** (a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or (b) is of unsound mind and stands so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has so abused in the opinion of the State Government his position as a Member as to render his continuance in the State Advisory Board detrimental to the interests of the general public. (2) No order of removal shall be made by the State Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same. (3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 67, a Member who has been removed under this section shall not be eligible for renomination as a Member. **69. Vacation of seats.—If a Member of the State Advisory Board becomes subject to any of the** disqualifications specified in section 68 his seat shall become vacant. **70. Meetings of State Advisory Board on disability.—The State Advisory Board shall meet at least** once in every six months and shall observe such rules or procedure in regard to the transaction of business at its meetings as may be prescribed by the State Government. **71. Functions of State Advisory Board on disability.—(1) Subject to the provisions of this Act, the** State Advisory Board shall be the State-level consultative and advisory body on disability matters, and shall facilitate the continuous evolution of a comprehensive policy for the empowerment of persons with disabilities and the full enjoyment of rights. 25 ----- (2) In particular and without prejudice to the generality of the foregoing provisions, the State Advisory Board on disability shall perform the following functions, namely:— (a) advise the State Government on policies, programmes, legislation and projects with respect to disability; (b) develop a State policy to address issues concerning persons with disabilities; (c) review and coordinate the activities of all Departments of the State Government and other Governmental and non-Governmental Organisations in the State which are dealing with matters relating to persons with disabilities; (d) take up the cause of persons with disabilities with the concerned authorities and the international organisations with a view to provide for schemes and projects for the persons with disabilities in the State plans; (e) recommend steps to ensure accessibility, reasonable accommodation, non-discrimination for persons with disabilities, services and the built environment and their participation in social life on an equal basis with others; (f) monitor and evaluate the impact of laws, policies and programmes designed to achieve full participation of persons with disabilities; and (g) such other functions as may be assigned from time to time by the State Government. **72. District-level Committee on disability.—The State Government shall constitute District-level** Committee on disability to perform such functions as may be prescribed by it. **73. Vacancies not to invalidate proceedings.—No act or proceeding of the Central Advisory Board** on disability, a State Advisory Board on disability, or a District-level Committee on disability shall be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution of such Board or Committee, as the case may be. CHAPTER XII CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES **74. Appointment of Chief Commissioner and Commissioners.—(1) The Central Government may,** by notification, appoint a Chief Commissioner for Persons with Disabilities (hereinafter referred to as the “Chief Commissioner”) for the purposes of this Act. (2) The Central Government may, by notification appoint two Commissioners to assist the Chief Commissioner, of which one Commissioner shall be a persons with disability. (3) A person shall not be qualified for appointment as the Chief Commissioner or Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. (4) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chief Commissioner and Commissioners shall be such as may be prescribed by the Central Government. (5) The Central Government shall determine the nature and categories of officers and other employees required to assist the Chief Commissioner in the discharge of his functions and provide the Chief Commissioner with such officers and other employees as it thinks fit. (6) The officers and employees provided to the Chief Commissioner shall discharge their functions under the general superintendence and control of the Chief Commissioner. (7) The salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the Central Government. (8) The Chief Commissioner shall be assisted by an advisory committee comprising of not more than eleven members drawn from the experts from different disabilities in such manner as may be prescribed by the Central Government. 26 ----- **75. Functions of Chief Commissioner.—(1) The Chief Commissioner shall—** (a) identify, _suo motu or otherwise, the provisions of any law or policy, programme and_ procedures, which are inconsistent with this Act and recommend necessary corrective steps; (b) inquire, _suo motu or otherwise, deprivation of rights of persons with disabilities and_ safeguards available to them in respect of matters for which the Central Government is the appropriate Government and take up the matter with appropriate authorities for corrective action; (c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation; (d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures; (e) study treaties and other international instruments on the rights of persons with disabilities and make recommendations for their effective implementation; (f) undertake and promote research in the field of the rights of persons with disabilities; (g) promote awareness of the rights of persons with disabilities and the safeguards available for their protection; (h) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities; (i) monitor utilisation of funds disbursed by the Central Government for the benefit of persons with disabilities; and (j) perform such other functions as the Central Government may assign. (2) The Chief Commissioner shall consult the Commissioners on any matter while discharging its functions under this Act. **76. Action of appropriate authorities on recommendation of Chief Commissioner.—Whenever** the Chief Commissioner makes a recommendation to an authority in pursuance of clause (b) [1][of subsection (1)] of section 75, that authority shall take necessary action on it, and inform the Chief Commissioner of the action taken within three months from the date of receipt of the recommendation: Provided that where an authority does not accept a recommendation, it shall convey reasons for non acceptance to the Chief Commissioner within a period of three months, and shall also inform the aggrieved person. **77. Powers of Chief Commissioner.—(1) The Chief Commissioner shall, for the purpose of** discharging his functions under this Act, have the same powers of a civil court as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any documents; (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents. (2) Every proceeding before the Chief Commissioner shall be a judicial proceeding within the [meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Chief Commissioner shall](javascript:fnOpenLinkPopUp('782','16002');) [be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal](javascript:fnOpenLinkPopUp('783','16623');) Procedure, 1973 (2 of 1974). 1. Ins. by Act 4 of 2018, s. 3 and the second Schedule (w.e.f. 5-1-2018). 27 ----- **78. Annual and special reports by Chief Commissioner.—(1) The Chief Commissioner shall** submit an annual report to the Central Government and may at any time submit special reports on any matter, which, in his opinion, is of such urgency or importance that it shall not be deferred till submission of the annual report. (2) The Central Government shall cause the annual and the special reports of the Chief Commissioner to be laid before each House of Parliament, along with a memorandum of action taken or proposed to be taken on his recommendations and the reasons for non-acceptance the recommendations, if any. (3) The annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the Central Government. **79. Appointment of State Commissioner in States.—(1) The State Government may, by** notification, appoint a State Commissioner for Persons with Disabilities (hereinafter referred to as the “State Commissioner”) for the purposes of this Act. (2) A person shall not be qualified for appointment as the State Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. (3) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the State Commissioner shall be such as may be prescribed by the State Government. (4) The State Government shall determine the nature and categories of officers and other employees required to assist the State Commissioner in the discharge of his functions and provide the State Commissioner with such officers and other employees as it thinks fit. (5) The officers and employees provided to the State Commissioner shall discharge his functions under the general superintendence and control of the State Commissioner. (6) The salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the State Government. (7) The State Commissioner shall be assisted by an advisory committee comprising of not more than five members drawn from the experts in the disability sector in such manner as may be prescribed by the State Government. **80. Functions of State Commissioner.—The State Commissioner shall—** (a) identify, suo motu or otherwise, provision of any law or policy, programme and procedures, which are in consistent with this Act, and recommend necessary corrective steps; (b) inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action; (c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation; (d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures; (e) undertake and promote research in the field of the rights of persons with disabilities; (f) promote awareness of the rights of persons with disabilities and the safeguards available for their protection; (g) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities; (h) monitor utilisation of funds disbursed by the State Government for the benefits of persons with disabilities; and 28 ----- (i) perform such other functions as the State Government may assign. **81. Action by appropriate authorities on recommendation of State Commissioner.—Whenever** the State Commissioner makes a recommendation to an authority in pursuance of clause (b) of section 80, that authority shall take necessary action on it, and inform the State Commissioner of the action taken within three months from the date of receipt of the recommendation: Provided that where an authority does not accept a recommendation, it shall convey reasons for non acceptance to the State Commissioner for Persons with Disabilities within the period of three months, and shall also inform the aggrieved person. **82. Powers of State Commissioner.—(1) The State Commissioner shall, for the purpose of** discharging their functions under this Act, have the same powers of a civil court as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any documents; (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents. (2) Every proceeding before the State Commissioner shall be a judicial proceeding within the [meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the State Commissioners](javascript:fnOpenLinkPopUp('782','16002');) [shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of](javascript:fnOpenLinkPopUp('783','16623');) Criminal Procedure, 1973 (2 of 1974). **83. Annual and special reports by State Commissioner.—(1) The State Commissioner shall submit** an annual report to the State Government and may at any time submit special reports on any matter, which, in its opinion, is of such urgency or importance that it shall not be deferred till submission of the annual report. (2) The State Government shall cause the annual and the special reports of the State Commissioner for persons with disabilities to be laid before each House of State Legislature where it consists of two Houses or where such Legislature consist of one House, before that House along with a memorandum of action taken or proposed to be taken on the recommendation of the State Commissioner and the reasons for non-acceptance the recommendations, if any. (3) The annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the State Government. CHAPTER XIII SPECIAL COURT **84. Special Court.—For the purpose of providing speedy trial, the State Government shall, with the** concurrence of the Chief Justice of the High Court, by notification, specify for each district, a Court of Session to be a Special Court to try the offences under this Act. **85. Special Public Prosecutor.—(1) For every Special Court, the State Government may, by** notification, specify a Public Prosecutor or appoint an advocate, who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court. (2) The Special Public Prosecutor appointed under sub-section (1) shall be entitled to receive such fees or remuneration as may be prescribed by the State Government. 29 ----- CHAPTER XIV NATIONAL FUND FOR PERSONS WITH DISABILITIES **86. National Fund for persons with disabilities.—(1) There shall be constituted a Fund to be called** the National Fund for persons with disabilities and there shall be credited thereto— (a) all sums available under the Fund for people with disabilities, constituted vide notification No. S.O. 573 (E), dated the 11th August, 1983 and the Trust Fund for Empowerment of Persons with Disabilities, constituted _vide notification No. 30-03/2004-DDII, dated the 21st November, 2006,_ under the Charitable Endowment Act, 1890 (6 of 1890). (b) all sums payable by banks, corporations, financial institutions in pursuance of judgment dated the 16th April, 2004 of the Hon’ble Supreme Court in Civil Appeal Nos. 4655 and 5218 of 2000; (c) all sums received by way of grant, gifts, donations, benefactions, bequests or transfers; (d) all sums received from the Central Government including grants-in-aid; (e) all sums from such other sources as may be decided by the Central Government. (2) The Fund for persons with disabilities shall be utilised and managed in such manner as may be prescribed. **87. Accounts and audit.—(1) The Central Government shall maintain proper accounts and other** relevant records and prepare an annual statement of accounts of the Fund including the income and expenditure accounts in such form as may be prescribed in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the Fund to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Fund shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts, and in particular, shall have the right to demand production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the Fund. (4) The accounts of the Fund as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be laid before each House of Parliament by the Central Government. CHAPTER XV STATE FUND FOR PERSONS WITH DISABILITIES **88. State Fund for persons with disabilities.—(1) There shall be constituted a Fund to be called the** State Fund for persons with disabilities by a State Government in such manner as may be prescribed by the State Government. (2) The State Fund for persons with disabilities shall be utilised and managed in such manner as may be prescribed by the State Government. (3) Every State Government shall maintain proper accounts and other relevant records of the State Fund for persons with disabilities including the income and expenditure accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India. (4) The accounts of the State Fund for persons with disabilities shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the State Fund to the Comptroller and Auditor-General of India. (5) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Fund for persons with disabilities shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts, and in particular, shall have right to demand production of books of accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Fund. 30 ----- (6) The accounts of the State Fund for persons with disabilities as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be laid before each House of the State Legislature where it consists of two Houses or where such Legislature consists of one House before that House. CHAPTER XVI OFFENCES AND PENALTIES **89. Punishment for contravention of provisions of Act or rules or regulations made** **thereunder.—Any person who contravenes any of the provisions of this Act, or of any rule made** thereunder shall for first contravention be punishable with fine which may extend to ten thousand rupees and for any subsequent contravention with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees. **90. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **91. Punishment for fraudulently availing any benefit meant for persons with benchmark** **disabilities.—Whoever, fraudulently avails or attempts to avail any benefit meant for persons with** benchmark disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both. **92. Punishment for offences of atrocities.—Whoever,—** (a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view; (b) assaults or uses force to any person with disability with intent to dishonour him or outrage the modesty of a woman with disability; (c) having the actual charge or control over a person with disability voluntarily or knowingly denies food or fluids to him or her; (d) being in a position to dominate the will of a child or woman with disability and uses that position to exploit her sexually; (e) voluntarily injures, damages or interferes with the use of any limb or sense or any supporting device of a person with disability; (f) performs, conducts or directs any medical procedure to be performed on a woman with disability which leads to or is likely to lead to termination of pregnancy without her express consent except in cases where medical procedure for termination of pregnancy is done in severe cases of disability and with the opinion of a registered medical practitioner and also with the consent of the guardian of the woman with disability, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. 31 ----- **93. Punishment for failure to furnish information.—Whoever, fails to produce any book, account** or other documents or to furnish any statement, information or particulars which, under this Act or any order, or direction made or given thereunder, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Act or of any order, or direction made or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day, of continued failure or refusal after the date of original order imposing punishment of fine. **94. Previous sanction of appropriate Government.—No Court shall take cognizance of an offence** alleged to have been committed by an employee of the appropriate Government under this Chapter, except with the previous sanction of the appropriate Government or a complaint is filed by an officer authorised by it in this behalf. **95. Alternative punishments.—Where an act or omission constitutes an offence punishable under** this Act and also under any other Central or State Act, then, notwithstanding anything contained in any other law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under such Act as provides for punishment which is greater in degree. CHAPTER XVII MISCELLANEOUS **96. Application of other laws not barred.—The provisions of this Act shall be in addition to, and** not in derogation of, the provisions of any other law for the time being in force. **97. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the appropriate Government or any officer of the appropriate Government or any officer or employee of the Chief Commissioner or the State Commissioner for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **98. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid as soon as may be, after it is made, before each House of Parliament. **99. Power to amend Schedule.—(1) On the recommendations made by the appropriate Government** or otherwise, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedule and any such notification being issued, the Schedule shall be deemed to have been amended accordingly. (2) Every such notification shall, as soon as possible after it is issued, shall be laid before each House of Parliament. **100. Power of Central Government to make rules.—(1) The Central Government may, subject to** the condition of previous publication, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of constituting the Committee for Research on Disability under sub-section (2) of section 6; (b) the manner of notifying the equal opportunity policy under sub-section (1) of section 21; (c) the form and manner of maintaining records by every establishment under sub-section (1) of section 22; 32 ----- (d) the manner of maintenance of register of complaints by grievance redressal officer under sub-section (3) of section 23; (e) the manner of furnishing information and return by establishment to the Special Employment Exchange under section 36; (f) the composition of the Assessment Board under sub-section (2) and manner of assessment to be made by the Assessment Board under sub-section (3) of section 38; (g) rules for person with disabilities laying down the standards of accessibility under section 40; (h) the manner of application for issuance of certificate of disability under sub-section (1) and form of certificate of disability under sub-section (2) of section 58; (i) the allowances to be paid to nominated Members of the Central Advisory Board under sub-section (6) of section 61; (j) the rules of procedure for transaction of business in the meetings of the Central Advisory Board under section 64; (k) the salaries and allowances and other conditions of services of Chief Commissioner and Commissioners under sub-section (4) of section 74; (l) the salaries and allowances and conditions of services of officers and staff of the Chief Commissioner under sub-section (7) of section 74; (m) the composition and manner of appointment of experts in the advisory committee under sub-section (8) of section 74; (n) the form, manner and content of annual report to be prepared and submitted by the Chief Commissioner under sub-section (3) of section 78; (o) the procedure, manner of utilisation and management of the Fund under sub-section (2) of section 86; and (p) the form for preparation of accounts of Fund under sub-section (1) of section 87. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **101. Power of State Government to make rules.—(1) The State Government may, subject to the** condition of previous publication, by notification, make rules for carrying out the provisions of this Act, not later than six months from the date of commencement of this Act. (2) In particular, and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) the manner of constituting the Committee for Research on Disability under sub-section (2) of section 5; (b) the manner of providing support of a limited guardian under sub-section (1) of section 14; (c) the form and manner of making an application for certificate of registration under sub-section (1) of section 51; (d) the facilities to be provided and standards to be met by institutions for grant of certificate of registration under sub-section (3) of section 51; (e) the validity of certificate of registration, the form of, and conditions attached to, certificate of registration under sub-section (4) of section 51; (f) the period of disposal of application for certificate of registration under sub-section (7) of section 51; (g) the period within which an appeal to be made under sub-section (1) of section 53; (h) the time and manner of appealing against the order of certifying authority under sub-section (1) and manner of disposal of such appeal under sub-section (2) of section 59; 33 ----- (i) the allowances to be paid to nominated Members of the State Advisory Board under sub-section (6) of section 67; (j) the rules of procedure for transaction of business in the meetings of the State Advisory Board under section 70; (k) the composition and functions of District Level Committee under section 72; (l) salaries, allowances and other conditions of services of the State Commissioner under sub-section (3) of section 79; (m) the salaries, allowances and conditions of services of officers and staff of the State Commissioner under sub-section (3) of section 79; (n) the composition and manner of appointment of experts in the advisory committee under sub-section (7) of section 79; (o) the form, manner and content of annual and special reports to be prepared and submitted by the State Commissioner under sub-section (3) of section 83; (p) the fee or remuneration to be paid to the Special Public Prosecutor under sub-section (2) of section 85; (q) the manner of constitution of State Fund for persons with disabilities under sub-section (1), and the manner of utilisation and management of State Fund under sub-section (2) of section 88; (r) the form for preparation of accounts of the State Fund for persons with disabilities under sub-section (3) of section 88. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such State Legislature consists of one House, before that House. **102. Repeal and savings.—(1) The Persons with Disabilities (Equal Opportunity Protection of** Rights and Full Participation) Act, 1995 (1 of 1996) is hereby repealed. (2) Notwithstanding the repeal of the said Act, anything done or any action taken under the said Act, shall be deemed to have been done or taken under the corresponding provisions of this Act. 34 ----- THE SCHEDULE [See clause (zc) of section 2] SPECIFIED DISABILITY 1. Physical disability.— A. Locomotor disability (a person’s inability to execute distinctive activities associated with movement of self and objects resulting from affliction of musculoskeletal or nervous system or both), including— (a) “leprosy cured person” means a person who has been cured of leprosy but is suffering from— (i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity; (ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity; (iii) extreme physical deformity as well as advanced age which prevents him/her from undertaking any gainful occupation, and the expression “leprosy cured” shall construed accordingly; (b) “cerebral palsy” means a Group of non-progressive neurological condition affecting body movements and muscle coordination, caused by damage to one or more specific areas of the brain, usually occurring before, during or shortly after birth; (c) “dwarfism” means a medical or genetic condition resulting in an adult height of 4 feet 10 inches (147 centimeters) or less; (d) “muscular dystrophy” means a group of hereditary genetic muscle disease that weakens the muscles that move the human body and persons with multiple dystrophy have incorrect and missing information in their genes, which prevents them from making the proteins they need for healthy muscles. It is characterised by progressive skeletal muscle weakness, defects in muscle proteins, and the death of muscle cells and tissue; (e) “acid attack victims” means a person disfigured due to violent assaults by throwing of acid or similar corrosive substance. B. Visual impairment— (a) “blindness” means a condition where a person has any of the following conditions, after best correction— (i) total absence of sight; or (ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the better eye with best possible correction; or (iii) limitation of the field of vision subtending an angle of less than 10 degree. (b) “low-vision” means a condition where a person has any of the following conditons, namely:— (i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen) in the better eye with best possible corrections; or (ii) limitation of the field of vision subtending an angle of less than 40 degree up to 10 degree. C. Hearing impairment— (a) “deaf” means persons having 70 DB hearing loss in speech frequencies in both ears; 35 ----- (b) “hard of hearing” means person having 60 DB to 70 DB hearing loss in speech frequencies in both ears; D. “speech and language disability” means a permanent disability arising out of conditions such as laryngectomy or aphasia affecting one or more components of speech and language due to organic or neurological causes. 2. Intellectual disability, a condition characterised by significant limitation both in intellectual functioning (rasoning, learning, problem solving) and in adaptive behaviour which covers a range of every day, social and practical skills, including— (a) “specific learning disabilities” means a heterogeneous group of conditions wherein there is a deficit in processing language, spoken or written, that may manifest itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical calculations and includes such conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia; (b) “autism spectrum disorder” means a neuro-developmental condition typically appearing in the first three years of life that significantly affects a person's ability to communicate, understand relationships and relate to others, and is frequently associated with unusal or stereotypical rituals or behaviours. 3. Mental behaviour,— “mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, but does not include retardation which is a conditon of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence. 4. Disability caused due to— (a) chronic neurological conditions, such as— (i) “multiple sclerosis” means an inflammatory, nervous system disease in which the myelin sheaths around the axons of nerve cells of the brain and spinal cord are damaged, leading to demyelination and affecting the ability of nerve cells in the brain and spinal cord to communicate with each other; (ii) “parkinson's disease” means a progressive disease of the nervous system marked by tremor, muscular rigidity, and slow, imprecise movement, chiefly affecting middle-aged and elderly people associated with degeneration of the basal ganglia of the brain and a deficiency of the neurotransmitter dopamine. (b) Blood disorder— (i) “haemophilia” means an inheritable disease, usually affecting only male but transmitted by women to their male children, characterised by loss or impairment of the normal clotting ability of blood so that a minor would may result in fatal bleeding; (ii) “thalassemia” means a group of inherited disorders characterised by reduced or absent amounts of haemoglobin. (iii) “sickle cell disease” means a hemolytic disorder characterised by chronic anemia, painful events, and various complications due to associated tissue and organ damage; “hemolytic” refers to the destruction of the cell membrane of red blood cells resulting in the release of hemoglobin. 5. Multiple Disabilities (more than one of the above specified disabilities) including deaf blindness which means a condition in which a person may have combination of hearing and visual impairments causing severe communication, developmental, and educational problems. 6. Any other category as may be notified by the Central Government. 36 -----

31-Dec-2016

04

The Commercial Courts Act, 2015

https://www.indiacode.nic.in/bitstream/123456789/2156/1/a2016-04.pdf

central

# THE COMMERCIAL COURTS ACT, 2015 ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II CONSTITUTION OF COMMERCIAL COURTS, COMMERCIAL DIVISIONS AND COMMERCIAL APPELLATE DIVISIONS 3. Constitution of Commercial Courts. 3A. Designation of Commercial Appellate Courts. 4. Constitution of Commercial Division of High Court. 5. Constitution of Commercial Appellate Division. 6. Jurisdiction of Commercial Court. 7. Jurisdiction of Commercial Divisions of High Courts. 8. Bar against revision application or petition against an interlocutory order Bar. 9. Transfer of suit if counterclaim in a commercial dispute is of Specified Value. 10. Jurisdiction in respect of arbitration matters. 11. Bar of jurisdiction of Commercial Courts and Commercial Divisions. CHAPTER III SPECIFIED VALUE 12. Determination of Specified Value. CHAPTER IIIA PRE-INSTITUTION MEDIATION AND SETTLEMENT 12A. Pre-Institution Mediation and Settlement. CHAPTER IV APPEALS 13. Appeals from decrees of Commercial Courts and Commercial Divisions. 14. Expeditious disposal of appeals. CHAPTER V TRANSFER OF PENDING SUITS 15. Transfer of pending cases. CHAPTER VI AMENDMENTS TO THE PROVISIONS OF THE CODE OF CIVIL PROCEDURE, 1908 16. Amendments to the Code of Civil Procedure, 1908 in its application to commercial disputes CHAPTER VII MISCELLANEOUS 17.Collection and disclosure of data by Commercial Courts, Commercial Divisions and Commercial Appellate Divisions. 18. Power of High Court to issue directions. 19. Infrastructure facilities. 20. Training and continuous education. 21. Act to have overriding effect. 21A. Power of Central Government to make rules. 22. Power to remove difficulties. ----- SECTIONS 23. Repeal and savings. SCHEDULE ----- # THE COMMERCIAL COURTS ACT, 2015 ACT NO. 4 OF 2016 [31st December, 2015.] # An Act to provide for the constitution of Commercial Courts, [1][Commercial Appellate Courts,] Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—[2][(1) This Act may be called the Commercial Courts** Act, 2015.] (2) It extends to the whole of India [3]***. (3) It shall be deemed to have come into force on the 23rd day of October, 2015. **2. Definitions.—(1) In this Act, unless the context otherwise requires,––** 4[(a) “Commercial Appellate Courts” means the Commercial Appellate Courts designated under section 3A;] 5[(aa)] “Commercial Appellate Division” means the Commercial Appellate Division in a High Court constituted under sub-section (1) of section 5; (b) “Commercial Court” means the Commercial Court constituted under sub-section (1) of section 3; (c) “commercial dispute” means a dispute arising out of–– (i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents; (ii) export or import of merchandise or services; (iii) issues relating to admiralty and maritime law; (iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same; (v) carriage of goods; (vi) construction and infrastructure contracts, including tenders; (vii) agreements relating to immovable property used exclusively in trade or commerce; (viii) franchising agreements; (ix) distribution and licensing agreements; (x) management and consultancy agreements; (xi) joint venture agreements; (xii) shareholders agreements; 1. Ins. by Act 28 of 2018, s. 2 (w.e.f. 3-5-2018). 2. Subs. by s. 3, ibid., for sub-section (1) (w.e.f. 3-5-2018). 3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 4. Ins. by Act 28 of 2018, s. 4 (w.e.f. 3-5-2018). 5. Clause (a) renumbered as clause (aa) by s. 4, ibid., (w.e.f. 3-5-2018). ----- (xiii) subscription and investment agreements pertaining to the services industry including outsourcing services and financial services; (xiv) mercantile agency and mercantile usage; (xv) partnership agreements; (xvi) technology development agreements; (xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits; (xviii) agreements for sale of goods or provision of services; (xix) exploitation of oil and gas reserves or other natural resources including electromagnetic spectrum; (xx) insurance and re-insurance; (xxi) contracts of agency relating to any of the above; and (xxii) such other commercial disputes as may be notified by the Central Government. _Explanation.––A commercial dispute shall not cease to be a commercial dispute merely_ because— (a) it also involves action for recovery of immovable property or for realisation of monies out of immovable property given as security or involves any other relief pertaining to immovable property; (b) one of the contracting parties is the State or any of its agencies or instrumentalities, or a private body carrying out public functions; (d) “Commercial Division” means the Commercial Division in a High Court constituted under sub-section (1) of section 4; (e) “District Judge” shall have the same meaning as assigned to it in clause (a) of article 236 of the Constitution of India; (f) “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or electronic means, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter; (g) “notification” means a notification published in the Official Gazette and the expression “notify” with its cognate meanings and grammatical variations shall be construed accordingly; (h) “Schedule” means the Schedule appended to the Act; and (i) “Specified Value”, in relation to a commercial dispute, shall mean the value of the subject matter in respect of a suit as determined in accordance with section 12 [1][which shall not be less than three lakh rupees] or such higher value, as may be notified by the Central Government. (2) The words and expressions used and not defined in this Act but defined in the Code of Civil Procedure, 1908 (5 of 1908) and the Indian Evidence Act, 1872 (1 of 1872), shall have the same meanings respectively assigned to them in that Code and the Act. 1. Subs. by Act 28 of 2018, s. 4, for “ which shall not be less than one crore rupees” (w.e.f. 3-5-2018). ----- CHAPTER II 1[COMMERCIAL COURTS, COMMERCIAL APPELLATE COURTS, COMMERCIAL DIVISIONS AND COMMERCIAL APPELLATE DIVISIONS]. **3. Constitution of Commercial Courts.—(1) The State Government, may after consultation with the** concerned High Court, by notification, constitute such number of Commercial Courts at District level, as it may deem necessary for the purpose of exercising the jurisdiction and powers conferred on those Courts under this Act: 2[Provided that with respect to the High Courts having ordinary original civil jurisdiction, the State Government may, after consultation with the concerned High Court, by notification, constitute Commercial Courts at the District Judge level: Provided further that with respect to a territory over which the High Courts have ordinary original civil jurisdiction, the State Government may, by notification, specify such pecuniary value which shall not be less than three lakh rupees and not more than the pecuniary jurisdiction exercisable by the District Courts, as it may consider necessary.] 3[(1A) Notwithstanding anything contained in this Act, the State Government may, after consultation with the concerned High Court, by notification, specify such pecuniary value which shall not be less than three lakh rupees or such higher value, for whole or part of the State, as it may consider necessary.] (2) The State Government shall, after consultation with the concerned High Court specify, by notification, the local limits of the area to which the jurisdiction of a Commercial Court shall extend and may, from time to time, increase, reduce or alter such limits. (3) The [4][State Government may], with the concurrence of the Chief Justice of the High Court appoint one or more persons having experience in dealing with commercial disputes to be the Judge or Judges, of a [5][Commercial Court either at the level of District Judge or a court below the level of a District Judge]. 6[3A. **Designation of Commercial Appellate Courts.—Except the territories over which the High** Courts have ordinary original civil jurisdiction, the State Government may, after consultation with the concerned High Court, by notification, designate such number of Commercial Appellate Courts at District Judge level, as it may deem necessary, for the purposes of exercising the jurisdiction and powers conferred on those Courts under this Act.] **4. Constitution of Commercial Division of High Court.—(1) In all High Courts, having [7][ordinary** original civil jurisdiction], the Chief Justice of the High Court may, by order, constitute Commercial Division having one or more Benches consisting of a single Judge for the purpose of exercising the jurisdiction and powers conferred on it under this Act. (2) The Chief Justice of the High Court shall nominate such Judges of the High Court who have experience in dealing with commercial disputes to be Judges of the Commercial Division. **5. Constitution of Commercial Appellate Division.—(1) After issuing notification under sub-** section (1) of section 3 or order under sub-section (1) of section 4, the Chief Justice of the concerned High Court shall, by order, constitute Commercial Appellate Division having one or more Division Benches for the purpose of exercising the jurisdiction and powers conferred on it by the Act. (2) The Chief Justice of the High Court shall nominate such Judges of the High Court who have experience in dealing with commercial disputes to be Judges of the Commercial Appellate Division. 1. Subs. by Act 28 of 2018, s. 5, for “CONSTITUTION OF COMMERCIAL COURTS, COMMERCIAL DIVISIONS AND COMMERCIAL APPELLATE DIVISIONS” (w.e.f. 3-5-2018). 2. The proviso subs. by s. 6, ibid., (w.e.f. 3-5-2018). 3. Ins. by s. 6, ibid., (w.e.f. 3-5-2018). 4. Subs. by s. 6, ibid., for “State Government shall” (w.e.f. 3-5-2018). 5. Subs. by s. 6, ibid., for “Commercial Court, from amongst the cadre of Higher Judicial Service in the State” (w.e.f. 3-5-2018). 6. Ins. by s. 7, ibid., (w.e.f. 3-5-2018). 7. Subs. by s. 8, ibid., for “ordinary civil jurisdiction” (w.e.f. 3-5-2018). ----- **6. Jurisdiction of Commercial Court.—The Commercial Court shall have jurisdiction to try all suits** and applications relating to a commercial dispute of a Specified Value arising out of the entire territory of the State over which it has been vested territorial jurisdiction. _Explanation.––For the purposes of this section, a commercial dispute shall be considered to arise out_ of the entire territory of the State over which a Commercial Court has been vested jurisdiction, if the suit or application relating to such commercial dispute has been instituted as per the provisions of sections 16 to 20 of the Code of Civil Procedure, 1908 (5 of 1908). **7. Jurisdiction of Commercial Divisions of High Courts.—All suits and applications relating to** commercial disputes of a Specified Value filed in a High Court having ordinary original civil jurisdiction shall be heard and disposed of by the Commercial Division of that High Court: Provided that all suits and applications relating to commercial disputes, stipulated by an Act to lie in a court not inferior to a District Court, and filed or pending on the original side of the High Court, shall be heard and disposed of by the Commercial Division of the High Court: Provided further that all suits and applications transferred to the High Court by virtue of sub-section (4) of section 22 of the Designs Act, 2000 (16 of 2000) or section 104 of the Patents Act, 1970 (39 of 1970) shall be heard and disposed of by the Commercial Division of the High Court in all the areas over which the High Court exercises ordinary original civil jurisdiction. **8. Bar against revision application or petition against an interlocutory order.—Notwithstanding** anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a Commercial Court, including an order on the issue of jurisdiction, and any such challenge, subject to the provisions of section 13, shall be raised only in an appeal against the decree of the Commercial Court. **9. [Transfer of suit if counterclaim in a commercial dispute is of Specified Value].—** _Omitted by The_ _Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts_ _(Amendment) Act, 2018 (28 of 2018), s. 9 (w.e.f. 3-5-2018)._ **10. Jurisdiction in respect of arbitration matters.—Where the subject-matter of an arbitration is a** commercial dispute of a Specified Value and–– (1) If such arbitration is an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that have been filed in a High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court. (2) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that have been filed on the original side of the High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court. (3) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that would ordinarily lie before any principal civil court of original jurisdiction in a district (not being a High Court) shall be filed in, and heard and disposed of by the Commercial Court exercising territorial jurisdiction over such arbitration where such Commercial Court has been constituted. **11. Bar of jurisdiction of Commercial Courts and Commercial Divisions.—Notwithstanding** anything contained in this Act, a Commercial Court or a Commercial Division shall not entertain or decide any suit, application or proceedings relating to any commercial dispute in respect of which the jurisdiction of the civil court is either expressly or impliedly barred under any other law for the time being in force. ----- CHAPTER III SPECIFIED VALUE **12. Determination of Specified Value.—(1) The Specified Value of the subject-matter of the** commercial dispute in a suit, appeal or application shall be determined in the following manner:–– (a) where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in the suit or application inclusive of interest, if any, computed up to the date of filing of the suit or application, as the case may be, shall be taken into account for determining such Specified Value; (b) where the relief sought in a suit, appeal or application relates to movable property or to a right therein, the market value of the movable property as on the date of filing of the suit, appeal or application, as the case may be, shall be taken into account for determining such Specified Value; (c) where the relief sought in a suit, appeal or application relates to immovable property or to a right therein, the market value of the immovable property, as on the date of filing of the suit, appeal or application, as the case may be, shall be taken into account for determining Specified Value; [1][and] (d) where the relief sought in a suit, appeal or application relates to any other intangible right, the market value of the said rights as estimated by the plaintiff shall be taken into account for determining Specified Value; [2]*** 3* - - - (2) The aggregate value of the claim and counterclaim, if any as set out in the statement of claim and the counterclaim, if any, in an arbitration of a commercial dispute shall be the basis for determining whether such arbitration is subject to the jurisdiction of a Commercial Division, Commercial Appellate Division or Commercial Court, as the case may be. (3) No appeal or civil revision application under section 115 of the Code of Civil Procedure, 1908 (5 of 1908), as the case may be, shall lie from an order of a Commercial Division or Commercial Court finding that it has jurisdiction to hear a commercial dispute under this Act. 4[CHAPTER IIIA PRE-INSTITUTION MEDIATION AND SETTLEMENT **12A. Pre-Institution Mediation and Settlement—(1) A suit, which does not contemplate any urgent** interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of preinstitution mediation in accordance with such manner and procedure as may be prescribed by rules made by the Central Government. (2) The Central Government may, by notification, authorise the Authorities constituted under the Legal Services Authorities Act, 1987 (39 of 1987), for the purposes of pre-institution mediation. (3) Notwithstanding anything contained in the Legal Services Authorities Act, 1987, the Authority authorised by the Central Government under sub-section (2) shall complete the process of mediation within a period of three months from the date of application made by the plaintiff under sub-section (1): Provided that the period of mediation may be extended for a further period of two months with the consent of the parties: Provided further that, the period during which the parties remained occupied with the pre-institution mediation, such period shall not be computed for the purpose of limitation under the Limitation Act, 1963 (36 of 1963). 1. Ins. by Act 28 of 2018, s. 10 (w.e.f. 3-5-2018). 2. The word “and” omitted by s. 10, ibid., (w.e.f. 3-5-2018). 3. Clause (e) omitted by s. 10, ibid., (w.e.f. 3-5-2018). 4. Ins. by s. 11, ibid., (w.e.f. 3-5-2018). ----- (4) If the parties to the commercial dispute arrive at a settlement, the same shall be reduced into writing and shall be signed by the parties to the dispute and the mediator. (5) The settlement arrived at under this section shall have the same status and effect as if it is an arbitral award on agreed terms under sub-section (4) of section 30 of the Arbitration and Conciliation Act, 1996 (26 of 1996).] CHAPTER IV APPEALS **13. Appeals from decrees of Commercial Courts and Commercial Divisions.—(1)** [1][Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order. (1A) Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or, as the case may be, Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of sixty days from the date of the judgment or order: Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 (5 of 1908) as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996 (26 of 1996).] (2) Notwithstanding anything contained in any other law for the time being in force or Letters Patent of a High Court, no appeal shall lie from any order or decree of a Commercial Division or Commercial Court otherwise than in accordance with the provisions of this Act. **14. Expeditious disposal of appeals.—The** [2][Commercial Appellate Court and the Commercial Appellate Division] shall endeavour to dispose of appeals filed before it within a period of six months from the date of filing of such appeal. CHAPTER V TRANSFER OF PENDING SUITS **15. Transfer of pending cases.—(1) All suits and applications, including applications under the** Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a commercial dispute of a Specified Value pending in a High Court where a Commercial Division has been constituted, shall be transferred to the Commercial Division. (2) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a commercial dispute of a Specified Value pending in any civil court in any district or area in respect of which a Commercial Court has been constituted, shall be transferred to such Commercial Court: Provided that no suit or application where the final judgment has been reserved by the Court prior to the constitution of the Commercial Division or the Commercial Court shall be transferred either under sub-section (1) or sub-section (2). (3) Where any suit or application, including an application under the Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a commercial dispute of Specified Value shall stand transferred to the Commercial Division or Commercial Court under sub-section (1) or sub-section (2), the provisions of this Act shall apply to those procedures that were not complete at the time of transfer. (4) The Commercial Division or Commercial Court, as the case may be, may hold case management hearings in respect of such transferred suit or application in order to prescribe new timelines or issue such further directions as may be necessary for a speedy and efficacious disposal of such suit or application in accordance [3][with Order XV-A] of the Code of Civil Procedure, 1908 (5 of 1908): 1. Subs. by Act 28 of 2018, s. 12, for sub-section (1) (w.e.f. 3-5-2018). 2. Subs. by s. 13, ibid., for “Commercial Appellate Division” (w.e.f. 3-5-2018). 3. Subs. by s. 14, ibid., for “with Order XIV-A” (w.e.f. 3-5-2018) ----- Provided that the proviso to sub-rule (1) of Rule 1 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not apply to such transferred suit or application and the court may, in its discretion, prescribe a new time period within which the written statement shall be filed. (5) In the event that such suit or application is not transferred in the manner specified in sub-section (1), sub-section (2) or sub-section (3), the Commercial Appellate Division of the High Court may, on the application of any of the parties to the suit, withdraw such suit or application from the court before which it is pending and transfer the same for trial or disposal to the Commercial Division or Commercial Court, as the case may be, having territorial jurisdiction over such suit, and such order of transfer shall be final and binding. CHAPTER VI AMENDMENTS TO THE PROVISIONS OF THE CODE OF CIVIL PROCEDURE, 1908 **16. Amendments to the Code of Civil Procedure, 1908 in its application to commercial** **disputes.—(1) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, in their application** to any suit in respect of a commercial dispute of a Specified Value, stand amended in the manner as specified in the Schedule. (2) The Commercial Division and Commercial Court shall follow the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as amended by this Act, in the trial of a suit in respect of a commercial dispute of a Specified Value. (3) Where any provision of any Rule of the jurisdictional High Court or any amendment to the Code of Civil Procedure, 1908 (5 of 1908), by the State Government is in conflict with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as amended by this Act, the provisions of the Code of Civil Procedure as amended by this Act shall prevail. CHAPTER VII MISCELLANEOUS **17. Collection and disclosure of data by** **[1][Commercial Courts, Commercial Appellate Courts],** **Commercial Divisions and Commercial Appellate Divisions.—The statistical data regarding the** number of suits, applications, appeals or writ petitions filed before the [1][Commercial Courts, Commercial Appellate Courts], Commercial Division, or Commercial Appellate Division, as the case may be, the pendency of such cases, the status of each case, and the number of cases disposed of, shall be maintained and updated every month by each [1][Commercial Courts, Commercial Appellate Courts], Commercial Division, Commercial Appellate Division and shall be published on the website of the relevant High Court. **18. Power of High Court to issue directions.—The High Court may, by notification, issue practice** directions to supplement the provisions of Chapter II of this Act or the Code of Civil Procedure, 1908 (5 of 1908) insofar as such provisions apply to the hearing of commercial disputes of a Specified Value. **19. Infrastructure facilities.—The State Government shall provide necessary infrastructure to** facilitate the working of a Commercial Court or a Commercial Division of a High Court. **20. Training and continuous education.—The State Government may, in consultation with the** High Court, establish necessary facilities providing for training of Judges who may be appointed to the 2[Commercial Courts, Commercial Appellate Courts], Commercial Division or the Commercial Appellate Division in a High Court. **21. Act to have overriding effect.—Save as otherwise provided, the provisions of this Act shall have** effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law for the time being in force other than this Act. 1. Subs. by Act 28 of 2018, s. 15, for “Commercial Court” and “Commercial Courts” (w.e.f. 3-5-2018). 2. Subs. by s. 16, ibid., for “Commercial Court” (w.e.f. 3-5-2018). ----- 1[21A. Power of Central Government to make rules.—(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for or any of the following matters, namely:— (a) the manner and procedure of pre-institution mediation under sub-section (1) of section 12A; (b) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules made by the Central Government. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] **22. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of Parliament. **23. Repeal and savings.—(1) The Commercial Courts, Commercial Division and Commercial** Appellate Division of High Courts Ordinance, 2015 (Ord. 8 of 2015) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act. 1. Ins. by Act 28 of 2018, s. 17 (w.e.f. 3-5-2018). ----- SCHEDULE (See section 16) **1. Amendment of section 26.—In section 26 of the Code of Civil Procedure, 1908 (5 of 1908)** (hereafter referred to as the Code), in sub-section (2), the following proviso shall be inserted, namely:–– “Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of Rule 15A.”. **2. Substitution of new section for section 35.—For section 35 of the Code, the following section** shall be substituted, namely:–– ‘35. Costs.—(1) In relation to any commercial dispute, the Court, notwithstanding anything contained in any other law for the time being in force or Rule, has the discretion to determine: (a) whether costs are payable by one party to another; (b) the quantum of those costs; and (c) when they are to be paid. _Explanation.—For the purpose of clause (a), the expression “costs” shall mean reasonable costs_ relating to— (i) the fees and expenses of the witnesses incurred; (ii) legal fees and expenses incurred; (iii) any other expenses incurred in connection with the proceedings. (2) If the Court decides to make an order for payment of costs, the general rule is that the unsuccessful party shall be ordered to pay the costs of the successful party: Provided that the Court may make an order deviating from the general rule for reasons to be recorded in writing. _Illustration_ The Plaintiff, in his suit, seeks a money decree for breach of contract, and damages. The Court holds that the Plaintiff is entitled to the money decree. However, it returns a finding that the claim for damages is frivolous and vexatious. In such circumstances the Court may impose costs on the Plaintiff, despite the Plaintiff being the successful party, for having raised frivolous claims for damages. (3) In making an order for the payment of costs, the Court shall have regard to the following circumstances, including— (a) the conduct of the parties; (b) whether a party has succeeded on part of its case, even if that party has not been wholly successful; (c) whether the party had made a frivolous counterclaim leading to delay in the disposal of the case; (d) whether any reasonable offer to settle is made by a party and unreasonably refused by the other party; and (e) whether the party had made a frivolous claim and instituted a vexatious proceeding wasting the time of the Court. (4) The orders which the Court may make under this provision include an order that a party must pay–– (a) a proportion of another party’s costs; ----- (b) a stated amount in respect of another party’s costs; (c) costs from or until a certain date; (d) costs incurred before proceedings have begun; (e) costs relating to particular steps taken in the proceedings; (f) costs relating to a distinct part of the proceedings; and (g) interest on costs from or until a certain date.’. **3. Amendment of section 35A.—In section 35A of the Code, sub-section (2) shall be omitted.** **4. Amendment of First Schedule.—In the First Schedule to the Code,––** (A) in the Order V, in Rule 1, in sub-rule (1), for the second proviso, the following proviso shall be substituted, namely:–– “Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.”; (B) in Order VI,–– (i) after Rule 3, the following Rule shall be inserted, namely:–– “3A. Forms of pleading in Commercial Courts––In a commercial dispute, where forms of pleadings have been prescribed under the High Court Rules or Practice Directions made for the purposes of such commercial disputes, pleadings shall be in such forms.”; (ii) after Rule 15, the following Rule shall be inserted, namely:–– ‘‘15A. Verification of pleadings in a commercial dispute.— (1) Notwithstanding anything contained in Rule 15, every pleading in a commercial dispute shall be verified by an affidavit in the manner and form prescribed in the Appendix to this Schedule. (2) An affidavit under sub-rule (1) above shall be signed by the party or by one of the parties to the proceedings, or by any other person on behalf of such party or parties who is proved to the satisfaction of the Court to be acquainted with the facts of the case and who is duly authorised by such party or parties. (3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in sub-rule (1) unless the Court orders otherwise. (4) Where a pleading is not verified in the manner provided under sub-rule (1), the party shall not be permitted to rely on such pleading as evidence or any of the matters set out therein. (5) The Court may strike out a pleading which is not verified by a Statement of Truth, namely, the affidavit set out in the Appendix to this Schedule.”; (C) in Order VII, after Rule 2, the following Rule shall be inserted, namely:— “2A. Where interest is sought in the suit,— (1) Where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with the details set out under sub-rules (2) and (3). ----- (2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that. (3) Pleadings shall also state— (a) the rate at which interest is claimed; (b) the date from which it is claimed; (c) the date to which it is calculated; (d) the total amount of interest claimed to the date of calculation; and (e) the daily rate at which interest accrues after that date.”; (D) in Order VIII,–– (i) in Rule 1, for the proviso, the following proviso shall be substituted, namely:–– “Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.”; (ii) after Rule 3, the following Rule shall be inserted, namely:–– “3A. Denial by the defendant in suits before the Commercial Division of the High Court or the Commercial Court— (1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this Rule. (2) The defendant in his written statement shall state which of the allegations in the particulars of plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to prove, and which allegations he admits. (3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so and if he intends to put forward a different version of events from that given by the plaintiff, he must state his own version. (4) If the defendant disputes the jurisdiction of the Court he must state the reasons for doing so, and if he is able, give his own statement as to which Court ought to have jurisdiction. (5) If the defendant disputes the plaintiff’s valuation of the suit, he must state his reasons for doing so, and if he is able, give his own statement of the value of the suit.”; (iii) in Rule 5, in sub-rule (1), after the first proviso, the following proviso shall be inserted, namely:— ‘‘Provided further that every allegation of fact in the plaint, if not denied in the manner provided under Rule 3A of this Order, shall be taken to be admitted except as against a person under disability.”; (iv) in Rule 10, [1]***, the following proviso shall be inserted, namely:–– 1. The words “after the first proviso” omitted by Act 28 of 2018, s. 18 (w.e.f. 3-5-2018). ----- “[1][Provided that] no Court shall make an order to extend the time provided under Rule 1 of this Order for filing of the written statement.”; (E) for Order XI of the Code, the following Order shall be substituted, namely:— “ORDER XI DISCLOSURE, DISCOVERY AND INSPECTION OF DOCUMENTS IN SUITS BEFORE THE COMMERCIAL DIVISION OF A HIGH COURT OR A COMMERCIAL COURT **1. Disclosure and discovery of documents.—(1) Plaintiff shall file a list of all documents and** photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint, including:— (a) documents referred to and relied on by the plaintiff in the plaint; (b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support of or adverse to the plaintiff’s case; (c) nothing in this Rule shall apply to documents produced by plaintiffs and relevant only–– (i) for the cross-examination of the defendant’s witnesses, or (ii) in answer to any case set up by the defendant subsequent to the filing of the plaint, or (iii) handed over to a witness merely to refresh his memory. (2) The list of documents filed with the plaint shall specify whether the documents in the power, possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document, mode of execution, issuance or receipt and line of custody of each document. (3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power, possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does not have any other documents in its power, possession, control or custody. _Explanation.––A declaration on oath under this sub-rule shall be contained in the Statement of Truth_ as set out in the Appendix. (4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the above declaration on oath and subject to grant of such leave by Court, the plaintiff shall file such additional documents in Court, within thirty days of filing the suit, along with a declaration on oath that the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have any other documents, in its power, possession, control or custody. (5) The plaintiff shall not be allowed to rely on documents, which were in the plaintiff’s power, possession, control or custody and not disclosed along with plaint or within the extended period set out above, save and except by leave of Court and such leave shall be granted only upon the plaintiff establishing reasonable cause for non–disclosure along with the plaint. (6) The plaint shall set out details of documents, which the plaintiff believes to be in the power, possession, control or custody of the defendant and which the plaintiff wishes to rely upon and seek leave for production thereof by the said defendant. (7) The defendant shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the written statement or with its counterclaim if any, including— (a) the documents referred to and relied on by the defendant in the written statement; 1. Subs. by Act 28 of 2018, s. 18, for “Provided further that” (w.e.f. 3-5-2018). ----- (b) the documents relating to any matter in question in the proceeding in the power, possession, control or custody of the defendant, irrespective of whether the same is in support of or adverse to the defendant’s defence; (c) nothing in this Rule shall apply to documents produced by the defendants and relevant only–– (i) for the cross-examination of the plaintiff’s witnesses, (ii) in answer to any case set up by the plaintiff subsequent to the filing of the plaint, or (iii) handed over to a witness merely to refresh his memory. (8) The list of documents filed with the written statement or counterclaim shall specify whether the documents, in the power, possession, control or custody of the defendant, are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document being produced by the defendant, mode of execution, issuance or receipt and line of custody of each document. (9) The written statement or counterclaim shall contain a declaration on oath made by the deponent that all documents in the power, possession, control or custody of the defendant, save and except for those set out in sub-rule (7) (c) (iii) pertaining to the facts and circumstances of the proceedings initiated by the plaintiff or in the counterclaim, have been disclosed and copies thereof annexed with the written statement or counterclaim and that the defendant does not have in its power, possession, control or custody, any other documents. (10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents, which were in the defendant’s power, possession, control or custody and not disclosed along with the written statement or counterclaim, save and except by leave of Court and such leave shall be granted only upon the defendant establishing reasonable cause for non-disclosure along with the written statement or counterclaim. (11) The written statement or counterclaim shall set out details of documents in the power, possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which have not been disclosed with the plaint, and call upon the plaintiff to produce the same. (12) Duty to disclose documents, which have come to the notice of a party, shall continue till disposal of the suit. **2. Discovery by interrogatories.—(1) In any suit the plaintiff or defendant by leave of the court may** deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided further that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness. (2) On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the court, and that court shall decide within seven days from the day of filing of the said application, in deciding upon such application, the court shall take into account any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the court shall consider necessary either for disposing fairly of the suit or for saving costs. (3) In adjusting the costs of the suit inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault. ----- (4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil Procedure, 1908 (5 of 1908), with such variations as circumstances may require. (5) Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer of other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly. (6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited _bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently_ material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in answer. (7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous and any application for this purpose may be made within seven days after service of the interrogatories. (8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the court may allow. (9) An affidavit in answer to interrogatories shall be in the form provided in Form No. 3 in Appendix C to the Code of Civil Procedure, 1908 (5 of 1908), with such variations as circumstances may require. (10) No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the court. (11) Where any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the court for an order requiring him to answer, or to answer further, as the case may be, and an order may be made requiring him to answer, or to answer further, either affidavit or by _viva voce_ examination, as the court may direct. **3. Inspection.—(1) All parties shall complete inspection of all documents disclosed within thirty** days of the date of filing of the written statement or written statement to the counterclaim, whichever is later. The Court may extend this time limit upon application at its discretion, but not beyond thirty days in any event. (2) Any party to the proceedings may seek directions from the Court, at any stage of the proceedings, for inspection or production of documents by the other party, of which inspection has been refused by such party or documents have not been produced despite issuance of a notice to produce. (3) Order in such application shall be disposed of within thirty days of filing such application, including filing replies and rejoinders (if permitted by Court) and hearing. (4) If the above application is allowed, inspection and copies thereof shall be furnished to the party seeking it, within five days of such order. (5) No party shall be permitted to rely on a document, which it had failed to disclose or of which inspection has not been given, save and except with leave of Court. (6) The Court may impose exemplary costs against a defaulting party, who wilfully or negligently failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in their power, possession, control or custody or where a Court holds that inspection or copies of any documents had been wrongfully or unreasonably withheld or refused. **4. Admission and denial of documents.—(1) Each party shall submit a statement of admissions or** denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the Court. (2) The statement of admissions and denials shall set out explicitly, whether such party was admitting or denying:— (a) correctness of contents of a document; (b) existence of a document; ----- (c) execution of a document; (d) issuance or receipt of a document; (e) custody of a document. _Explanation.––A statement of admission or denial of the existence of a document made in accordance_ with sub-rule (2) (b) shall include the admission or denial of the contents of a document. (3) Each party shall set out reasons for denying a document under any of the above grounds and bare and unsupported denials shall not be deemed to be denials of a document and proof of such documents may then be dispensed with at the discretion of the Court. (4) Any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever. (5) An Affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement. (6) In the event that the Court holds that any party has unduly refused to admit a document under any of the above criteria,–costs (including exemplary costs) for deciding on admissibility of a document may be imposed by the Court on such party. (7) The Court may pass orders with respect to admitted documents including for waiver of further proof thereon or rejection of any documents. **5. Production of documents.—(1) Any party to a proceeding may seek or the Court may order, at** any time during the pendency of any suit, production by any party or person, of such documents in the possession or power of such party or person, relating to any matter in question in such suit. (2) Notice to produce such document shall be issued in the Form provided in Form No. 7 in Appendix C to the Code of Civil Procedure, 1908 (5 of 1908). (3) Any party or person to whom such notice to produce is issued shall be given not less than seven days and not more than fifteen days to produce such document or to answer to their inability to produce such document. (4) The Court may draw an adverse inference against a party refusing to produce such document after issuance of a notice to produce and where sufficient reasons for such non–production are not given and order costs. **6. Electronic records.—(1) In case of disclosures and inspection of Electronic Records (as defined in** the Information Technology Act, 2000 (21 of 2000)), furnishing of printouts shall be sufficient compliance of the above provisions. (2) At the discretion of the parties or where required (when parties wish to rely on audio or video content), copies of electronic records may be furnished in electronic form either in addition to or in lieu of printouts. (3) Where Electronic Records form part of documents disclosed, the declaration on oath to be filed by a party shall specify–– (a) the parties to such Electronic Record; (b) the manner in which such electronic record was produced and by whom; (c) the dates and time of preparation or storage or issuance or receipt of each such electronic record; (d) the source of such electronic record and date and time when the electronic record was printed; (e) in case of email ids, details of ownership, custody and access to such email ids; (f) in case of documents stored on a computer or computer resource (including on external servers or cloud), details of ownership, custody and access to such data on the computer or computer resource; ----- (g) deponent’s knowledge of contents and correctness of contents; (h) whether the computer or computer resource used for preparing or receiving or storing such document or data was functioning properly or in case of malfunction that such malfunction did not affect the contents of the document stored; (i) that the printout or copy furnished was taken from the original computer or computer resource. (4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not be required to give inspection of electronic records, provided a declaration is made by such party that each such copy, which has been produced, has been made from the original electronic record. (5) The Court may give directions for admissibility of Electronic Records at any stage of the proceedings. (6) Any party may seek directions from the Court and the Court may of its motion issue directions for submission of further proof of any electronic record including metadata or logs before admission of such electronic record. **7. Certain provisions of the Code of Civil Procedure, 1908 not to apply.—For avoidance of doubt,** it is hereby clarified that Order XIII Rule 1, Order VII Rule 14 and Order VIII Rule 1A of the Code of Civil Procedure, 1908 (5 of 1908) shall not apply to suits or applications before the Commercial Divisions of High Court or Commercial Courts.”. **5. Insertion of new Order XIII-A.—After Order XIII of the Code, the following Order shall be** inserted, namely:— ‘ORDER XIII-A SUMMARY JUDGMENT **1. Scope of and classes of suits to which this Order applies.—(1) This Order sets out the procedure** by which Courts may decide a claim pertaining to any Commercial Dispute without recording oral evidence. (2) For the purposes of this Order, the word “claim” shall include— (a) part of a claim; (b) any particular question on which the claim (whether in whole or in part) depends; or (c) a counterclaim, as the case may be. (3) Notwithstanding anything to the contrary, an application for summary judgment under this Order shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit under Order XXXVII. **2. Stage for application for summary judgment.—An applicant may apply for summary judgment** at any time after summons has been served on the defendant: Provided that, no application for summary judgment may be made by such applicant after the Court has framed the issues in respect of the suit. **3. Grounds for summary judgment.—The Court may give a summary judgment against a plaintiff** or defendant on a claim if it considers that–– (a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and (b) there is no other compelling reason why the claim should not be disposed of before recording of oral evidence. **4. Procedure.—(1) An application for summary judgment to a Court shall, in addition to any other** matters the applicant may deem relevant, include the matters set forth in sub-clauses (a) to (f) mentioned hereunder:— ----- (a) the application must contain a statement that it is an application for summary judgment made under this Order; (b) the application must precisely disclose all material facts and identify the point of law, if any; (c) in the event the applicant seeks to rely upon any documentary evidence, the applicant must,–– (i) include such documentary evidence in its application, and (ii) identify the relevant content of such documentary evidence on which the applicant relies; (d) the application must state the reason why there are no real prospects of succeeding on the claim or defending the claim, as the case may be; (e) the application must state what relief the applicant is seeking and briefly state the grounds for seeking such relief. (2) Where a hearing for summary judgment is fixed, the respondent must be given at least thirty days’ notice of:— (a) the date fixed for the hearing; and (b) the claim that is proposed to be decided by the Court at such hearing. (3) The respondent may, within thirty days of the receipt of notice of application of summary judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in clauses (a) to (f) mentioned hereunder in addition to any other matters that the respondent may deem relevant:— (a) the reply must precisely–– (i) disclose all material facts; (ii) identify the point of law, if any; and (iii) state the reasons why the relief sought by the applicant should not be granted; (b) in the event the respondent seeks to rely upon any documentary evidence in its reply, the respondent must— (i) include such documentary evidence in its reply; and (ii) identify the relevant content of such documentary evidence on which the respondent relies; (c) the reply must state the reason why there are real prospects of succeeding on the claim or defending the claim, as the case may be; (d) the reply must concisely state the issues that should be framed for trial; (e) the reply must identify what further evidence shall be brought on record at trial that could not be brought on record at the stage of summary judgment; and (f) the reply must state why, in light of the evidence or material on record if any, the Court should not proceed to summary judgment. **5. Evidence for hearing of summary judgment.—(1) Notwithstanding anything in this Order, if the** respondent in an application for summary judgment wishes to rely on additional documentary evidence during the hearing, the respondent must:— (a) file such documentary evidence; and (b) serve copies of such documentary evidence on every other party to the application at least fifteen days prior to the date of the hearing. (2) Notwithstanding anything in this Order, if the applicant for summary judgment wishes to rely on documentary evidence in reply to the defendant’s documentary evidence, the applicant must:— (a) file such documentary evidence in reply; and ----- (b) serve a copy of such documentary evidence on the respondent at least five days prior to the date of the hearing. (3) Notwithstanding anything to the contrary, sub-rules (1) and (2) shall not require documentary evidence to be:— (a) filed if such documentary evidence has already been filed; or (b) served on a party on whom it has already been served. **6. Orders that may be made by Court.—(1) On an application made under this Order, the Court** may make such orders that it may deem fit in its discretion including the following:— (a) judgment on the claim; (b) conditional order in accordance with Rule 7 mentioned hereunder; (c) dismissing the application; (d) dismissing part of the claim and a judgment on part of the claim that is not dismissed; (e) striking out the pleadings (whether in whole or in part); or (f) further directions to proceed for case management under Order XV-A. (2) Where the Court makes any of the orders as set forth in sub-rule (1) (a) to (f), the Court shall record its reasons for making such order. **7. Conditional order.—(1) Where it appears to the Court that it is possible that a claim or defence** may succeed but it is improbable that it shall do so, the Court may make a conditional order as set forth in Rule 6 (1) (b). (2) Where the Court makes a conditional order, it may:— (a) make it subject to all or any of the following conditions:— (i) require a party to deposit a sum of money in the Court; (ii) require a party to take a specified step in relation to the claim or defence, as the case may be; (iii) require a party, as the case may be, to give such security or provide such surety for restitution of costs as the Court deems fit and proper; (iv) impose such other conditions, including providing security for restitution of losses that any party is likely to suffer during the pendency of the suit, as the Court may deem fit in its discretion; and (b) specify the consequences of the failure to comply with the conditional order, including passing a judgment against the party that have not complied with the conditional order. **8. Power to impose costs.—The Court may make an order for payment of costs in an application for** summary judgment in accordance with the provisions of sections 35 and 35A of the Code.’. **6. Omission of Order XV.—Order XV of the Code shall be omitted.** **7. Insertion of Order XV-A.—7. After Order XV of the Code, the following Order shall be inserted,** namely:— “ORDER XV A CASE MANAGEMENT HEARING **1. First Case Management Hearing.—The Court shall hold the first Case Management Hearing, not** later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties to the suit. ----- **2. Orders to be passed in a Case Management Hearing.—In a Case Management Hearing, after** hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the Court may pass an order–– (a) framing the issues between the parties in accordance with Order XIV of the Code of Civil Procedure, 1908 (5 of 1908) after examining pleadings, documents and documents produced before it, and on examination conducted by the Court under Rule 2 of Order X, if required; (b) listing witnesses to be examined by the parties; (c) fixing the date by which affidavit of evidence to be filed by parties; (d) fixing the date on which evidence of the witnesses of the parties to be recorded; (e) fixing the date by which written arguments are to be filed before the Court by the parties; (f) fixing the date on which oral arguments are to be heard by the Court; and (g) setting time limits for parties and their advocates to address oral arguments. **3. Time limit for the completion of a trial.—In fixing dates or setting time limits for the purposes of** Rule 2 of this Order, the Court shall ensure that the arguments are closed not later than six months from the date of the first Case Management Hearing. **4. Recording of oral evidence on a day-today basis.—The Court shall, as far as possible, ensure** that the recording of evidence shall be carried on, on a day-to-day basis until the cross-examination of all the witnesses is complete. **5. Case Management Hearings during a trial.—The Court may, if necessary, also hold Case** Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit. **6. Powers of the Court in a Case Management Hearing.—(1) In any Case Management Hearing** held under this Order, the Court shall have the power to— (a) prior to the framing of issues, hear and decide any pending application filed by the parties under Order XIII-A; (b) direct parties to file compilations of documents or pleadings relevant and necessary for framing issues; (c) extend or shorten the time for compliance with any practice, direction or Court order if it finds sufficient reason to do so; (d) adjourn or bring forward a hearing if it finds sufficient reason to do so; (e) direct a party to attend the Court for the purposes of examination under Rule 2 of Order X; (f) consolidate proceedings; (g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed; (h) direct a separate trial of any issue; (i) decide the order in which issues are to be tried; (j) exclude an issue from consideration; (k) dismiss or give judgment on a claim after a decision on a preliminary issue; (l) direct that evidence be recorded by a Commission where necessary in accordance with Order XXVI; (m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or argumentative material; (n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant, inadmissible or argumentative material; ----- (o) delegate the recording of evidence to such authority appointed by the Court for this purpose; (p) pass any order relating to the monitoring of recording the evidence by a commission or any other authority; (q) order any party to file and exchange a costs budget; (r) issue directions or pass any order for the purpose of managing the case and furthering the overriding objective of ensuring the efficient disposal of the suit. (2) When the Court passes an order in exercise of its powers under this Order, it may— (a) make it subject to conditions, including a condition to pay a sum of money into Court; and (b) specify the consequence of failure to comply with the order or a condition. (3) While fixing the date for a Case Management Hearing, the Court may direct that the parties also be present for such Case Management Hearing, if it is of the view that there is a possibility of settlement between the parties. **7. Adjournment of Case Management Hearing.—(1) The Court shall not adjourn the Case** Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present: Provided that an adjournment of the hearing is sought in advance by moving an application, the Court may adjourn the hearing to another date upon the payment of such costs as the Court deems fit, by the party moving such application. (2) Notwithstanding anything contained in this Rule, if the Court is satisfied that there is a justified reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and conditions it deems fit. **8. Consequences of non-compliance with orders.—Where any party fails to comply with the order** of the Court passed in a Case Management Hearing, the Court shall have the power to— (a) condone such non-compliance by payment of costs to the Court; (b) foreclose the non-compliant party’s right to file affidavits, conduct cross-examination of witnesses, file written submissions, address oral arguments or make further arguments in the trial, as the case may be, or (c) dismiss the plaint or allow the suit where such non-compliance is wilful, repeated and the imposition of costs is not adequate to ensure compliance.”. **8. Amendment of Order XVIII.—In Order XVIII of the Code, in Rule 2, for sub-rules (3A), (3B),** (3C), (3D), (3E) and (3F), the following shall be substituted, namely:–– “(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record. (3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of the arguments and the citations of judgments being relied upon by the party and include copies of such judgments being relied upon by the party. (3C) A copy of such written arguments shall be furnished simultaneously to the opposite party. (3D) The Court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised written arguments within a period of not more than one week after the date of conclusion of arguments. (3E) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (3F) It shall be open for the Court to limit the time for oral submissions having regard to the nature and complexity of the matter.”. ----- **9. Amendment of Order XVIII.—In Order XVIII of the Code, in Rule 4, after sub-rule (1), the** following sub-rules shall be inserted, namely:–– ‘‘(1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed simultaneously by that party at the time directed in the first Case Management Hearing. (1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness who has already filed an affidavit) unless sufficient cause is made out in an application for that purpose and an order, giving reasons, permitting such additional affidavit is passed by the Court. (1C) A party shall however have the right to withdraw any of the affidavits so filed at any time prior to commencement of cross-examination of that witness, without any adverse inference being drawn based on such withdrawal: Provided that any other party shall be entitled to tender as evidence and rely upon any admission made in such withdrawn affidavit.”. **10. Amendment to Order XIX.—In Order XIX of the Code, after Rule 3, the following Rules shall** be inserted, namely:–– “4. Court may control evidence.—(1) The Court may, by directions, regulate the evidence as to issues on which it requires evidence and the manner in which such evidence may be placed before the Court. (2) The Court may, in its discretion and for reasons to be recorded in writing, exclude evidence that would otherwise be produced by the parties.”. **5. Redacting or rejecting evidence.—A Court may, in its discretion, for reasons to be recorded** in writing–– (i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not, in its view, constitute evidence; or (ii) return or reject an affidavit of examination-in-chief as not constituting admissible evidence. **6. Format and guidelines of affidavit of evidence.—An affidavit must comply with the form** and requirements set forth below:— (a) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are relevant for proving any fact or any other matter dealt with; (b) where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party’s case, the Court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper; (c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject; (d) an affidavit shall state— (i) which of the statements in it are made from the deponent’s own knowledge and which are matters of information or belief; and (ii) the source for any matters of information or belief; (e) an affidavit should— (i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file); (ii) be divided into numbered paragraphs; (iii) have all numbers, including dates, expressed in figures; and ----- (iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexures and page numbers of such documents that are relied upon.”. **11. Amendment of Order XX.—In Order XX of the Code, for Rule 1, the following Rule shall be** substituted, namely:–– “(1) The [1][Commercial Court, Commercial Appellate Court], Commercial Division, or Commercial Appellate Division, as the case may be, shall, within ninety days of the conclusion of arguments, pronounce judgment and copies thereof shall be issued to all the parties to the dispute through electronic mail or otherwise.”. **2[12. After Appendix H, the following Appendix shall be inserted, namely:—** ‘‘APPENDIX-I STATEMENT OF TRUTH (Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3) I ----- the deponent do hereby solemnly affirm and declare as under: 1. I am the party in the above suit and competent to swear this affidavit. 2. I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto. 3. I say that the statements made in -----paragraphs are true to my knowledge and statements made in -----paragraphs are based on information received which I believe to be correct and statements made in ---paragraphs are based on legal advice. 4. I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me, relevant for the present suit. 5. I say that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the plaint, and that I do not have any other documents in my power, possession, control or custody. 6. I say that the above-mentioned pleading comprises of a total of ---- pages, each of which has been duly signed by me. 7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me. 8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken against me under the law for the time being in force. Place: Date: DEPONENT VERIFICATION I, ………………………. do hereby declare that the statements made above are true to my knowledge. Verified at [place] on this [date] DEPONENT.”.] 1. Subs. by Act 28 of 2018, s. 18, for “Commercial Court” (w.e.f. 3-5-2018). 2. Ins. by s. 18, ibid., (w.e.f. 23-10-2015). -----

27-Feb-2017

02

The Specified Bank Notes (Cessation of Liabilities) Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2244/3/A2017-02.pdf

central

# THE SPECIFIED BANK NOTES (CESSATION OF LIABILITIES) ACT, 2017 ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Specified bank notes to cease to be liability of Reserve Bank or Central Government. 4. Exchange of specified bank notes. 5. Prohibition on holding transferring or receiving specified bank notes. 6. Penalty for contravention of section 4. 7. Penalty for contravention of section 5. 8. Offences by companies. 9. Special provisions relating to offences. 10. Protection of action taken in good faith. 11. Power to make rules. 12. Power to remove difficulties. 13. Repeal and savings. 1 ----- # THE SPECIFIED BANK NOTES (CESSATION OF LIABILITIES) ACT, 2017 ACT NO. 2 OF 2017 [27th February, 2017.] # An Act to provide in the public interest for the cessation of liabilities on the specified bank notes and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Specified Bank Notes** (Cessation of Liabilities) Act, 2017. (2) It shall be deemed to have come into force on the 31[st] day of December, 2016. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 31[st] day of December, 2016; _(b) “grace period” means the period to be specified by the Central Government, by notification,_ during which the specified bank notes can be deposited in accordance with this Act; (c) “notification” means a notification published in the Official Gazette; (d) “Reserve Bank” means the Reserve Bank of India constituted by the Central Government under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934); (e) “specified bank note” means a bank note of the denominational value of five hundred rupees or one thousand rupees of the series existing on or before the 8th day of November, 2016. (2) The words and expressions used and not defined in this Act but defined in the Reserve Bank of India Act, 1934 (2 of 1934) or the Banking Regulation Act, 1949 (10 of 1949) shall have the meanings respectively assigned to them in those Acts. **3. Specified bank notes to cease to be liability of Reserve Bank or Central Government.—On** and from the appointed day, notwithstanding anything contained in the Reserve Bank of India Act, 1934 (2 of 1934) or any other law for the time being in force, the specified bank notes which have ceased to be legal tender, in view of the notification of the Government of India in the Ministry of Finance, number S.O. 3407(E), dated the 8th November, 2016, issued under sub-section (2) of section 26 of the Reserve Bank of India Act, 1934, shall cease to be liabilities of the Reserve Bank under section 34 and shall cease to have the guarantee of the Central Government under sub-section (1) of section 26 of the said Act. **4. Exchange of specified bank notes.—(1) Notwithstanding anything contained in section 3, the** following persons holding specified bank notes on or before the 8th day of November, 2016 shall be entitled to tender within the grace period with such declarations or statements, at such offices of the Reserve Bank or in such other manner as may be specified by it, namely:— (i) a citizen of India who makes a declaration that he was outside India between the 9th November, 2016 to 30th December, 2016, subject to such conditions as may be specified, by notification, by the Central Government; or (ii) such class of persons and for such reasons as may be specified by notification, by the Central Government. (2) The Reserve Bank may, if satisfied, after making such verifications as it may consider necessary that the reasons for failure to deposit the notes within the period specified in the notification referred to in section 3, are genuine, credit the value of the notes in his Know Your Customer compliant bank account in such manner as may be specified by it. (3) Any person, aggrieved by the refusal of the Reserve Bank to credit the value of the notes under sub-section (2), may make a representation to the Central Board of the Reserve Bank within fourteen days of the communication of such refusal to him. 2 ----- _Explanation.—For the purposes of this section, the expression “Know Your Customer compliant bank_ account” means the account which complies with the conditions specified in the regulations made by the Reserve Bank under the Banking Regulation Act, 1949 (10 of 1949). **5. Prohibition on holding transferring or receiving specified bank notes.—On and from the** appointed day, no person shall, knowingly or voluntarily, hold, transfer or receive any specified bank note: Provided that nothing contained in this section shall prohibit the holding of specified bank notes— (a) by any person— (i) up to the expiry of the grace period; or (ii) after the expiry of the grace period,— (A) not more than ten notes in total, irrespective of the denomination; or (B) not more than twenty-five notes for the purposes of study, research or numismatics; (b) by the Reserve Bank or its agencies, or any other person authorised by the Reserve Bank; (c) by any person on the direction of a court in relation to any case pending in the court. 1[(d) by the law enforcement agencies, such as the Central Board of Direct Taxes, Central Board of Indirect Taxes and Enforcement Directorate on production of the documents authorising such seizure or confiscation, as the case may be.] **6. Penalty for contravention of section 4.—Whoever knowingly and wilfully makes any** declaration or statement specified under sub-section (1) of section 4, which is false in material particulars, or omits to make a material statement, or makes a statement which he does not believe to be true, shall be punishable with fine which may extend to fifty thousand rupees or five times the amount of the face value of the specified bank notes tendered, whichever is higher. **7. Penalty for contravention of section 5.—Whoever contravenes the provisions of section 5 shall** be punishable with fine which may extend to ten thousand rupees or five times the amount of the face value of the specified bank notes involved in the contravention, whichever is higher. **8. Offences by companies.—(1) Where a person committing a contravention or default referred to in** section 6 or section 7 is a company, every person who, at the time the contravention or default was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention or default and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention or default was committed without his knowledge or that he had exercised all due diligence to prevent the contravention or default. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the same was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer or employee of the company, such director, manager, secretary, other officer or employee shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purpose of this section,—_ (a) “a company” means any body corporate and includes a firm, a trust, a co-operative society and other association of individuals; (b) “director”, in relation to a firm or trust, means a partner in the firm or a beneficiary in the trust. 1. Ins. by Notification No. S.O. 4149(E) dated 24[th] August 2018 (w.e.f. 24-8-2018) 3 ----- **9. Special provisions relating to offences.—Notwithstanding anything contained in section 29** of the Code of Criminal Procedure, 1973 (2 of 1974), the court of a Magistrate of the First Class or the court of a Metropolitan Magistrate may impose a fine, for contravention of the provisions of this Act. **10. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Government, the Reserve Bank or any of their officers for anything done or intended to be done in good faith under this Act. **11. Power to make rules.—(1) The Central Government may, by notification, make rules for** carrying out the provisions of this Act. _(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House_ of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **12. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **13. Repeal and savings.—(1) The Specified Bank Notes (Cessation of Liabilities) Ordinance, 2016** (Ord. 10 of 2016) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. 4 -----

7-Apr-2017

10

The Mental Healthcare Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2249/1/A2017-10.pdf

central

# THE MENTAL HEALTHCARE ACT, 2017 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS 3. Determination of mental illness. 4. Capacity to make mental healthcare and treatment decisions. CHAPTER III ADVANCE DIRECTIVE 5. Advance directive. 6. Manner of making advance directive. 7. Maintenance of online register. 8. Revocation, amendment or cancellation of advance directive. 9. Advance directive not to apply to emergency treatment. 10. Duty to follow advance directive. 11. Power to review, alter, modify or cancel advance directive. 12. Review of advance directives. 13. Liability of medical health professional in relation to advance directive. CHAPTER IV NOMINATED REPRESENTATIVE 14. Appointment and revocation of nominated representative. 15. Nominated representative of minor. 16. Revocation, alteration, etc., of nominated representative by Board. 17. Duties of nominated representative. CHAPTER V RIGHTS OF PERSONS WITH MENTAL ILLNESS 18. Right to access mental healthcare. 19. Right to community living. 20. Right to protection from cruel, inhuman and degrading treatment. 21. Right to equality and non-discrimination. 22. Right to information. 23. Right to confidentiality. 24. Restriction on release of information in respect of mental illness. 25. Right to access medical records. 26. Right to personal contacts and communication. 27. Right to legal aid. 28. Right to make complaints about deficiencies in provision of services. CHAPTER VI DUTIES OF APPROPRIATE GOVERNMENT 29. Promotion of mental health and preventive programmes. 1 ----- SECTIONS 30. Creating awareness about mental health and illness and reducing stigma associated with mental illness. 31. Appropriate Government to take measures as regard to human resource development and training, etc. 32. Co-ordination within appropriate Government. CHAPTER VII CENTRAL MENTAL HEALTH AUTHORITY 33. Establishment of Central Authority. 34. Composition of Central Authority. 35. Term of office, salaries and allowances of chairperson and members. 36. Resignation. 37. Filling of vacancies. 38. Vacancies, etc., not to invalidate proceedings of Central Authority. 39. Member not to participate in meetings in certain cases. 40. Officers and other employees of Central Authority. 41. Functions of chief executive officer of Central Authority. 42. Transfer of assets, liabilities of Central Authority. 43. Functions of Central Authority. 44. Meetings of Central Authority. CHAPTER VIII STATE MENTAL HEALTH AUTHORITY 45. Establishment of State Authority. 46. Composition of State Authority. 47. Term of office, salaries and allowances of chairperson and other members. 48. Resignation. 49. Filling of vacancies. 50. Vacancies, etc., not to invalidate proceedings of State Authority. 51. Member not to participate in meetings in certain cases. 52. Officers and other employees of State Authority. 53. Functions of chief executive officer of State Authority. 54. Transfer of assets, liabilities of State Authority. 55. Functions of State Authority. 56. Meetings of State Authority. CHAPTER IX FINANCE, ACCOUNTS AND AUDIT 57. Grants by Central Government to Central Authority. 58. Central Mental Health Authority Fund. 59. Accounts and audit of Central Authority. 60. Annual report of Central Authority. 61. Grants by State Government. 62. State Mental Health Authority Fund. 63. Accounts and audit of State Authority. 64. Annual report of State Authority. CHAPTER X MENTAL HEALTH ESTABLISHMENTS 65. Registration of mental health establishment. 66. Procedure for registration, inspection and inquiry of mental health establishments. 67. Audit of mental health establishment. 68. Inspection and inquiry. 2 ----- SECTIONS 69. Appeal to High Court against order of Authority. 70. Certificates, fees and register of mental health establishments. 71. Maintenance of register of mental health establishment in digital format. 72. Duty of mental health establishment to display information. CHAPTER XI MENTAL HEALTH REVIEW BOARDS 73. Constitution of Mental Health Review Boards. 74. Composition of Board. 75. Terms and conditions of service of chairperson and members of Board. 76. Decisions of Authority and Board. 77. Applications to Board. 78. Proceedings before Board to be judicial proceedings. 79. Meetings. 80. Proceedings before Board. 81. Central Authority to appoint Expert Committee to prepare guidance document. 82. Powers and functions of Board. 83. Appeal to High Court against order of Authority or Board. 84. Grants by Central Government. CHAPTER XII ADMISSION, TREATMENT AND DISCHARGE 85. Admission of person with mental illness as independent patient in mental health establishment. 86. Independent admission and treatment. 87. Admission of minor. 88. Discharge of independent patients. 89. Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, up to thirty days (supported admission). 90. Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, beyond thirty days (supported admission beyond thirty days). 91. Leave of absence. 92. Absence without leave or discharge. 93. Transfer of persons with mental illness from one mental health establishment to another mental health establishment. 94. Emergency treatment. 95. Prohibited procedures. 96. Restriction on psychosurgery for persons with mental illness. 97. Restraints and seclusion. 98. Discharge planning. 99. Research. CHAPTER XIII RESPONSIBILITIES OF OTHER AGENCIES 100. Duties of police officers in respect of persons with mental illness. 101. Report to Magistrate of person with mental illness in private residence who is ill-treated or neglected. 102. Conveying or admitting person with mental illness to mental health establishment by Magistrate. 103. Prisoners with mental illness. 104. Persons in custodial institutions. 105. Question of mental illness in judicial process. CHAPTER XIV RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED PROFESSION 106. Restriction to discharge functions by professionals not covered by profession. 3 ----- CHAPTER XV OFFENCES AND PENALTIES SECTIONS 107. Penalties for establishing or maintaining mental health establishment in contravention of provisions of this Act. 108. Punishment for contravention of provisions of the Act or rules or regulations made thereunder. 109. Offences by companies. CHAPTER XVI MISCELLANEOUS 110. Power to call for information. 111. Power of Central Government to issue directions 112. Power of Central Government to supersede Central Authority. 113. Power of State Government to supersede State Authority. 114. Special provisions for States in north-east and hill States. 115. Presumption of severe stress in case of attempt to commit suicide. 116. Bar of jurisdiction. 117. Transitory provisions. 118. Chairperson, members and staff of Authority and Board to be public servants. 119. Protection of action taken in good faith. 120. Act to have overriding effect. 121. Power of Central Government and State Governments to make rules. 122. Power of Central Authority to make regulations. 123. Power of State Authority to make regulations. 124. Laying of rules and regulations. 125. Power to remove difficulties. 126. Repeal and saving. 4 ----- # THE MENTAL HEALTHCARE ACT, 2017 ACT NO. 10 OF 2017 [7th April, 2017.] # An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto. WHEREAS the Convention on Rights of Persons with Disabilities and its Optional Protocol was adopted on the 13th December, 2006 at United Nations Headquarters in New York and came into force on the 3rd May, 2008; AND WHEREAS India has signed and ratified the said Convention on the 1st day of October, 2007; AND WHEREAS it is necessary to align and harmonise the existing laws with the said Convention. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1)** This Act may be called the Mental Healthcare Act, 2017. (2) It shall extend to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint; or on the date of completion of the period of nine months from the date on which the Mental Healthcare Act, 2017 receives the assent of the President. **2. Definitions.—(1)** In this Act, unless the context otherwise requires,— (a) “advance directive” means an advance directive made by a person under section 5; (b) “appropriate Government” means,— (i) in relation to a mental health establishment established, owned or controlled by the Central Government or the Administrator of a Union territory having no legislature, the Central Government; (ii) in relation to a mental health establishment, other than an establishment referred to in sub-clause (i), established, owned or controlled within the territory of— (A) a State, the State Government; (B) a Union territory having legislature, the Government of that Union territory; (c) “Authority” means the Central Mental Health Authority or the State Mental Health Authority, as the case may be; (d) “Board” means the Mental Health Review Board constituted by the State Authority under sub-section (1) of section 80 in such manner as may be prescribed; (e) “care-giver” means a person who resides with a person with mental illness and is responsible for providing care to that person and includes a relative or any other person who performs this function, either free or with remuneration; (f) “Central Authority” means the Central Mental Health Authority constituted under section 33; 1. 29th May, 2018, vide Notification No. S.O. 2173(E), dated 29th May 2018, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 5 ----- (g) “clinical psychologist” means a person— (i) having a recognised qualification in Clinical Psychology from an institution approved and recognised, by the Rehabilitation Council of India, constituted under section 3 of the Rehabilitation Council of India Act, 1992 (34 of 1992); or (ii) having a Post-Graduate degree in Psychology or Clinical Psychology or Applied Psychology and a Master of Philosophy in Clinical Psychology or Medical and Social Psychology obtained after completion of a full time course of two years which includes supervised clinical training from any University recognised by the University Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956) and approved and recognised by the Rehabilitation Council of India Act, 1992 (34 of 1992) or such recognised qualifications as may be prescribed; (h) “family” means a group of persons related by blood, adoption or marriage; (i) “informed consent” means consent given for a specific intervention, without any force, undue influence, fraud, threat, mistake or misrepresentation, and obtained after disclosing to a person adequate information including risks and benefits of, and alternatives to, the specific intervention in a language and manner understood by the person; (j) “least restrictive alternative” or “least restrictive environment” or “less restrictive option” means offering an option for treatment or a setting for treatment which— (i) meets the person's treatment needs; and (ii) imposes the least restriction on the person's rights; (k) “local authority” means a Municipal Corporation or Municipal Council, or Zilla Parishad, or Nagar Panchayat, or Panchayat, by whatever name called, and includes such other authority or body having administrative control over the mental health establishment or empowered under any law for the time being in force, to function as a local authority in any city or town or village; (l) “Magistrate” means— (i) in relation to a metropolitan area within the meaning of clause (k) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974), a Metropolitan Magistrate; (ii) in relation to any other area, the Chief Judicial Magistrate, Sub-divisional Judicial Magistrate or such other Judicial Magistrate of the first class as the State Government may, by notification, empower to perform the functions of a Magistrate under this Act; (m) “medical officer in charge” in relation to any mental health establishment means the psychiatrist or medical practitioner who, for the time being, is in charge of that mental health establishment; (n) “medical practitioner” means a person who possesses a recognised medical qualification— (i) as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and whose name has been entered in the State Medical Register, as defined in clause (k) of that section; or (ii) as defined in clause (h) of sub-section (1) of section 2 of the Indian Medicine Central Council Act, 1970 (48 of 1970), and whose name has been entered in a State Register of Indian Medicine, as defined in clause (j) of sub-section (1) of that section; or (iii) as defined in clause (g) of sub-section (1) of section 2 of the Homoeopathy Central Council Act, 1973 (59 of 1973), and whose name has been entered in a State Register of Homoeopathy, as defined in clause (i) of sub-section (1) of that section; (o) “Mental healthcare” includes analysis and diagnosis of a person's mental condition and treatment as well as care and rehabilitation of such person for his mental illness or suspected mental illness; (p) “mental health establishment” means any health establishment, including Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy establishment, by whatever name called, either wholly or partly, meant for the care of persons with mental illness, established, owned, controlled or maintained by 6 ----- the appropriate Government, local authority, trust, whether private or public, corporation, co-operative society, organisation or any other entity or person, where persons with mental illness are admitted and reside at, or kept in, for care, treatment, convalescence and rehabilitation, either temporarily or otherwise; and includes any general hospital or general nursing home established or maintained by the appropriate Government, local authority, trust, whether private or public, corporation, co-operative society, organisation or any other entity or person; but does not include a family residential place where a person with mental illness resides with his relatives or friends; (q) “mental health nurse” means a person with a diploma or degree in general nursing or diploma or degree in psychiatric nursing recognised by the Nursing Council of India established under the Nursing Council of India Act, 1947 (38 of 1947) and registered as such with the relevant nursing council in the State; (r) “mental health professional” means— (i) a psychiatrist as defined in clause (x); or (ii) a professional registered with the concerned State Authority under section 55; or (iii) a professional having a post-graduate degree (Ayurveda) in Mano Vigyan Avum Manas Roga or a post-graduate degree (Homoeopathy) in Psychiatry or a post-graduate degree (Unani) in Moalijat (Nafasiyatt) or a post-graduate degree (Siddha) in Sirappu Maruthuvam; (s) “mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence; (t) “minor” means a person who has not completed the age of eighteen years; (u) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (v) “prescribed” means prescribed by rules made under this Act; (w) “prisoner with mental illness” means a person with mental illness who is an under-trial or convicted of an offence and detained in a jail or prison; (x) “psychiatric social worker” means a person having a post-graduate degree in Social Work and a Master of Philosophy in Psychiatric Social Work obtained after completion of a full time course of two years which includes supervised clinical training from any University recognised by the University Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956) or such recognised qualifications, as may be prescribed; (y) “psychiatrist” means a medical practitioner possessing a post-graduate degree or diploma in psychiatry awarded by an university recognised by the University Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956), or awarded or recognised by the National Board of Examinations and included in the First Schedule to the Indian Medical Council Act, 1956 (102 of 1956), or recognised by the Medical Council of India, constituted under the Indian Medical Council Act, 1956, and includes, in relation to any State, any medical officer who having regard to his knowledge and experience in psychiatry, has been declared by the Government of that State to be a psychiatrist for the purposes of this Act; (z) “regulations” means regulations made under this Act; (za) “relative” means any person related to the person with mental illness by blood, marriage or adoption; (zb) “State Authority” means the State Mental Health Authority established under section 45. 7 ----- (2) The words and expressions used and not defined in this Act but defined in the Indian Medical Council Act, 1956 (102 of 1956) or the Indian Medicine Central Council Act, 1970 (48 of 1970) and not inconsistent with this Act shall have the meanings respectively assigned to them in those Acts. CHAPTER II MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS **3. Determination of mental illness.—(1) Mental illness shall be determined in accordance with such** nationally or internationally accepted medical standards (including the latest edition of the International Classification of Disease of the World Health Organisation) as may be notified by the Central Government. (2) No person or authority shall classify a person as a person with mental illness, except for purposes directly relating to the treatment of the mental illness or in other matters as covered under this Act or any other law for the time being in force. (3) Mental illness of a person shall not be determined on the basis of,— (a) political, economic or social status or membership of a cultural, racial or religious group, or for any other reason not directly relevant to mental health status of the person; (b) non-conformity with moral, social, cultural, work or political values or religious beliefs prevailing in a person's community. (4) Past treatment or hospitalisation in a mental health establishment though relevant, shall not by itself justify any present or future determination of the person's mental illness. (5) The determination of a person's mental illness shall alone not imply or be taken to mean that the person is of unsound mind unless he has been declared as such by a competent court. **4. Capacity to make mental healthcare and treatment decisions.—(1) Every person, including a** person with mental illness shall be deemed to have capacity to make decisions regarding his mental healthcare or treatment if such person has ability to— (a) understand the information that is relevant to take a decision on the treatment or admission or personal assistance; or (b) appreciate any reasonably foreseeable consequence of a decision or lack of decision on the treatment or admission or personal assistance; or (c) communicate the decision under sub-clause (a) by means of speech, expression, gesture or any other means. (2) The information referred to in sub-section (1) shall be given to a person using simple language, which such person understands or in sign language or visual aids or any other means to enable him to understand the information. (3) Where a person makes a decision regarding his mental healthcare or treatment which is perceived by others as inappropriate or wrong, that by itself, shall not mean that the person does not have the capacity to make mental healthcare or treatment decision, so long as the person has the capacity to make mental healthcare or treatment decision under sub-section (1). CHAPTER III ADVANCE DIRECTIVE **5. Advance directive.—(1) Every person, who is not a minor, shall have a right to make an advance** directive in writing, specifying any or all of the following, namely:— (a) the way the person wishes to be cared for and treated for a mental illness; (b) the way the person wishes not to be cared for and treated for a mental illness; 8 ----- (c) the individual or individuals, in order of precedence, he wants to appoint as his nominated representative as provided under section 14. (2) An advance directive under sub-section (1) may be made by a person irrespective of his past mental illness or treatment for the same. (3) An advance directive made under sub-section (1), shall be invoked only when such person ceases to have capacity to make mental healthcare or treatment decisions and shall remain effective until such person regains capacity to make mental healthcare or treatment decisions. (4) Any decision made by a person while he has the capacity to make mental healthcare and treatment decisions shall over-ride any previously written advance directive by such person. (5) Any advance directive made contrary to any law for the time being in force shall be ab initio void. **6. Manner of making advance directive.—An advance directive shall be made in the manner as may** be specified by the regulations made by the Central Authority. **7. Maintenance of online register.—Subject to the provisions contained in clause (a) of** sub-section (1) of section 91, every Board shall maintain an online register of all advance directives registered with it and make them available to the concerned mental health professionals as and when required. **8. Revocation, amendment or cancellation of advance directive.—(1) An advance directive made** under section 6 may be revoked, amended or cancelled by the person who made it at any time. (2) The procedure for revoking, amending or cancelling an advance directive shall be the same as for making an advance directive under section 6. **9. Advance directive not to apply to emergency treatment.—The advance directive shall not** apply to the emergency treatment given under section 103 to a person who made the advance directive. **10. Duty to follow advance directive.—It shall be the duty of every medical officer in charge of a** mental health establishment and the psychiatrist in charge of a person's treatment to propose or give treatment to a person with mental illness, in accordance with his valid advance directive, subject to section 11. **11. Power to review, alter, modify or cancel advance directive.—(1) Where a mental health** professional or a relative or a care-giver of a person desires not to follow an advance directive while treating a person with mental illness, such mental health professional or the relative or the care-giver of the person shall make an application to the concerned Board to review, alter, modify or cancel the advance directive. (2) Upon receipt of the application under sub-section (1), the Board shall, after giving an opportunity of hearing to all concerned parties (including the person whose advance directive is in question), either uphold, modify, alter or cancel the advance directive after taking into consideration the following, namely:— (a) whether the advance directive was made by the person out of his own free will and free from force, undue influence or coercion; or (b) whether the person intended the advance directive to apply to the present circumstances, which may be different from those anticipated; or (c) whether the person was sufficiently well informed to make the decision; or (d) whether the person had capacity to make decisions relating to his mental healthcare or treatment when such advanced directive was made; or (e) whether the content of the advance directive is contrary to other laws or constitutional provisions. 9 ----- (3) The person writing the advance directive and his nominated representative shall have a duty to ensure that the medical officer in charge of a mental health establishment or a medical practitioner or a mental health professional, as the case may be, has access to the advance directive when required. (4) The legal guardian shall have right to make an advance directive in writing in respect of a minor and all the provisions relating to advance directive, mutatis mutandis, shall apply to such minor till such time he attains majority. **12. Review of advance directives.—(1) The Central Authority shall regularly and periodically** review the use of advance directives and make recommendations in respect thereof. (2) The Central Authority in its review under sub-section (1) shall give specific consideration to the procedure for making an advance directive and also examine whether the existing procedure protects the rights of persons with mental illness. (3) The Central Authority may modify the procedure for making an advance directive or make additional regulations regarding the procedure for advance directive to protect the rights of persons with mental illness. **13. Liability of medical health professional in relation to advance directive.—(1) A medical** practitioner or a mental health professional shall not be held liable for any unforeseen consequences on following a valid advance directive. (2) The medical practitioner or mental health professional shall not be held liable for not following a valid advance directive, if he has not been given a copy of the valid advance directive. CHAPTER IV NOMINATED REPRESENTATIVE **14. Appointment and revocation of nominated representative.—(1) Notwithstanding anything** contained in clause (c) of sub-section (1) of section 5, every person who is not a minor, shall have a right to appoint a nominated representative. (2) The nomination under sub-section (1) shall be made in writing on plain paper with the person's signature or thumb impression of the person referred to in that sub-section. (3) The person appointed as the nominated representative shall not be a minor, be competent to discharge the duties or perform the functions assigned to him under this Act, and give his consent in writing to the mental health professional to discharge his duties and perform the functions assigned to him under this Act. (4) Where no nominated representative is appointed by a person under sub-section (1), the following persons for the purposes of this Act in the order of precedence shall be deemed to be the nominated representative of a person with mental illness, namely:— (a) the individual appointed as the nominated representative in the advance directive under clause (c) of sub-section (1) of section 5; or (b) a relative, or if not available or not willing to be the nominated representative of such person; or (c) a care-giver, or if not available or not willing to be the nominated representative of such person; or (d) a suitable person appointed as such by the concerned Board; or (e) if no such person is available to be appointed as a nominated representative, the Board shall appoint the Director, Department of Social Welfare, or his designated representative, as the nominated representative of the person with mental illness: Provided that a person representing an organisation registered under the Societies Registration Act, 1860 (21 of 1860) or any other law for the time being in force, working for persons with mental illness, 10 ----- may temporarily be engaged by the mental health professional to discharge the duties of a nominated representative pending appointment of a nominated representative by the concerned Board. (5) The representative of the organisation, referred to in the proviso to sub-section (4), may make a written application to the medical officer in-charge of the mental health establishment or the psychiatrist in-charge of the person's treatment, and such medical officer or psychiatrist, as the case may be, shall accept him as the temporary nominated representative, pending appointment of a nominated representative by the concerned Board. (6) A person who has appointed any person as his nominated representative under this section may revoke or alter such appointment at any time in accordance with the procedure laid down for making an appointment of nominated representative under sub-section (1). (7) The Board may, if it is of the opinion that it is in the interest of the person with mental illness to do so, revoke an appointment made by it under this section, and appoint a different representative under this section. (8) The appointment of a nominated representative, or the inability of a person with mental illness to appoint a nominated representative, shall not be construed as the lack of capacity of the person to take decisions about his mental healthcare or treatment. (9) All persons with mental illness shall have capacity to make mental healthcare or treatment decisions but may require varying levels of support from their nominated representative to make decisions. **15. Nominated representative of minor.—(1) Notwithstanding anything contained in section 14, in** case of minors, the legal guardian shall be their nominated representative, unless the concerned Board orders otherwise under sub-section (2). (2) Where on an application made to the concerned Board, by a mental health professional or any other person acting in the best interest of the minor, and on evidence presented before it, the concerned Board is of the opinion that,— (a) the legal guardian is not acting in the best interests of the minor; or (b) the legal guardian is otherwise not fit to act as the nominated representative of the minor, it may appoint, any suitable individual who is willing to act as such, the nominated representative of the minor with mental illness: Provided that in case no individual is available for appointment as a nominated representative, the Board shall appoint the Director in the Department of Social Welfare of the State in which such Board is located, or his nominee, as the nominated representative of the minor with mental illness. **16. Revocation, alteration, etc., of nominated representative by Board.—The Board, on an** application made to it by the person with mental illness, or by a relative of such person, or by the psychiatrist responsible for the care of such person, or by the medical officer in-charge of the mental health establishment where the individual is admitted or proposed to be admitted, may revoke, alter or modify the order made under clause (e) of sub-section (4) of section 14 or under sub-section (2) of section 15. **17. Duties of nominated representative.—While fulfilling his duties under this Act, the nominated** representative shall— (a) consider the current and past wishes, the life history, values, cultural background and the best interests of the person with mental illness; (b) give particular credence to the views of the person with mental illness to the extent that the person understands the nature of the decisions under consideration; (c) provide support to the person with mental illness in making treatment decisions under section 89 or section 90; 11 ----- (d) have right to seek information on diagnosis and treatment to provide adequate support to the person with mental illness; (e) have access to the family or home based rehabilitation services as provided under clause (c) of sub-section (4) of section 18 on behalf of and for the benefit of the person with mental illness; (f) be involved in discharge planning under section 98; (g) apply to the mental health establishment for admission under section 87 or section 89 or section 90; (h) apply to the concerned Board on behalf of the person with mental illness for discharge under section 87 or section 89 or section 90; (i) apply to the concerned Board against violation of rights of the person with mental illness in a mental health establishment; (j) appoint a suitable attendant under sub-section (5) or sub-section (6) of section 87; (k) have the right to give or withhold consent for research under circumstances mentioned under sub-section (3) of section 99. CHAPTER V RIGHTS OF PERSONS WITH MENTAL ILLNESS **18. Right to access mental healthcare.—(1) Every person shall have a right to access mental** healthcare and treatment from mental health services run or funded by the appropriate Government. (2) The right to access mental healthcare and treatment shall mean mental health services of affordable cost, of good quality, available in sufficient quantity, accessible geographically, without discrimination on the basis of gender, sex, sexual orientation, religion, culture, caste, social or political beliefs, class, disability or any other basis and provided in a manner that is acceptable to persons with mental illness and their families and care-givers. (3) The appropriate Government shall make sufficient provision as may be necessary, for a range of services required by persons with mental illness. (4) Without prejudice to the generality of range of services under sub-section (3), such services shall include— (a) provision of acute mental healthcare services such as outpatient and inpatient services; (b) provision of half-way homes, sheltered accommodation, supported accommodation as may be prescribed; (c) provision for mental health services to support family of person with mental illness or home based rehabilitation; (d) hospital and community based rehabilitation establishments and services as may be prescribed; (e) provision for child mental health services and old age mental health services. (5) The appropriate Government shall,— (a) integrate mental health services into general healthcare services at all levels of healthcare including primary, secondary and tertiary healthcare and in all health programmes run by the appropriate Government; (b) provide treatment in a manner, which supports persons with mental illness to live in the community and with their families; 12 ----- (c) ensure that the long term care in a mental health establishment for treatment of mental illness shall be used only in exceptional circumstances, for as short a duration as possible, and only as a last resort when appropriate community based treatment has been tried and shown to have failed; (d) ensure that no person with mental illness (including children and older persons) shall be required to travel long distances to access mental health services and such services shall be available close to a place where a person with mental illness resides; (e) ensure that as a minimum, mental health services run or funded by Government shall be available in each district; (f) ensure, if minimum mental health services specified under sub-clause (e) of sub-section (4) are not available in the district where a person with mental illness resides, that the person with mental illness is entitled to access any other mental health service in the district and the costs of treatment at such establishments in that district will be borne by the appropriate Government: Provided that till such time the services under this sub-section are made available in a health establishment run or funded by the appropriate Government, the appropriate Government shall make rules regarding reimbursement of costs of treatment at such mental health establishment. (6) The appropriate Government shall make available a range of appropriate mental health services specified under sub-section (4) of section 18 at all general hospitals run or funded by such Government and basic and emergency mental healthcare services shall be available at all community health centres and upwards in the public health system run or funded by such Government. (7) Persons with mental illness living below the poverty line whether or not in possession of a below poverty line card, or who are destitute or homeless shall be entitled to mental health treatment and services free of any charge and at no financial cost at all mental health establishments run or funded by the appropriate Government and at other mental health establishments designated by it. (8) The appropriate Government shall ensure that the mental health services shall be of equal quality to other general health services and no discrimination be made in quality of services provided to persons with mental illness. (9) The minimum quality standards of mental health services shall be as specified by regulations made by the State Authority. (10) Without prejudice to the generality of range of services under sub-section (3) of section 18, the appropriate Government shall notify Essential Drug List and all medicines on the Essential Drug List shall be made available free of cost to all persons with mental illness at all times at health establishments run or funded by the appropriate Government starting from Community Health Centres and upwards in the public health system: Provided that where the health professional of ayurveda, yoga, unani, siddha, homoeopathy or naturopathy systems recognised by the Central Government are available in any health establishment, the essential medicines from any similar list relating to the appropriate ayurveda, yoga, unani, siddha, homoeopathy or naturopathy systems shall also be made available free of cost to all persons with mental illness. (11) The appropriate Government shall take measures to ensure that necessary budgetary provisions in terms of adequacy, priority, progress and equity are made for effective implementation of the provisions of this section. _Explanation.—For the purposes of sub-section (11), the expressions—_ (i) “adequacy” means in terms of how much is enough to offset inflation; (ii) “priority” means in terms of compared to other budget heads; (iii) “equity” means in terms of fair allocation of resources taking into account the health, social and economic burden of mental illness on individuals, their families and care-givers; 13 ----- (iv) “progress” means in terms of indicating an improvement in the State's response. **19. Right to community living.—(1) Every person with mental illness shall,—** (a) have a right to live in, be part of and not be segregated from society; and (b) not continue to remain in a mental health establishment merely because he does not have a family or is not accepted by his family or is homeless or due to absence of community based facilities. (2) Where it is not possible for a mentally ill person to live with his family or relatives, or where a mentally ill person has been abandoned by his family or relatives, the appropriate Government shall provide support as appropriate including legal aid and to facilitate exercising his right to family home and living in the family home. (3) The appropriate Government shall, within a reasonable period, provide for or support the establishment of less restrictive community based establishments including half-way homes, group homes and the like for persons who no longer require treatment in more restrictive mental health establishments such as long stay mental hospitals. **20. Right to protection from cruel, inhuman and degrading treatment.—(1) Every person with** mental illness shall have a right to live with dignity. (2) Every person with mental illness shall be protected from cruel, inhuman or degrading treatment in any mental health establishment and shall have the following rights, namely:— (a) to live in safe and hygienic environment; (b) to have adequate sanitary conditions; (c) to have reasonable facilities for leisure, recreation, education and religious practices; (d) to privacy; (e) for proper clothing so as to protect such person from exposure of his body to maintain his dignity; (f) to not be forced to undertake work in a mental health establishment and to receive appropriate remuneration for work when undertaken; (g) to have adequate provision for preparing for living in the community; (h) to have adequate provision for wholesome food, sanitation, space and access to articles of personal hygiene, in particular, women's personal hygiene be adequately addressed by providing access to items that may be required during menstruation; (i) to not be subject to compulsory tonsuring (shaving of head hair); (j) to wear own personal clothes if so wished and to not be forced to wear uniforms provided by the establishment; and (k) to be protected from all forms of physical, verbal, emotional and sexual abuse. **21. Right to equality and non-discrimination.—(1) Every person with mental illness shall be treated** as equal to persons with physical illness in the provision of all healthcare which shall include the following, namely:— (a) there shall be no discrimination on any basis including gender, sex, sexual orientation, religion, culture, caste, social or political beliefs, class or disability; (b) emergency facilities and emergency services for mental illness shall be of the same quality and availability as those provided to persons with physical illness; (c) persons with mental illness shall be entitled to the use of ambulance services in the same manner, extent and quality as provided to persons with physical illness; 14 ----- (d) living conditions in health establishments shall be of the same manner, extent and quality as provided to persons with physical illness; and (e) any other health services provided to persons with physical illness shall be provided in same manner, extent and quality to persons with mental illness. (2) A child under the age of three years of a woman receiving care, treatment or rehabilitation at a mental health establishment shall ordinarily not be separated from her during her stay in such establishment: Provided that where the treating Psychiatrist, based on his examination of the woman, and if appropriate, on information provided by others, is of the opinion that there is risk of harm to the child from the woman due to her mental illness or it is in the interest and safety of the child, the child shall be temporarily separated from the woman during her stay at the mental health establishment: Provided further that the woman shall continue to have access to the child under such supervision of the staff of the establishment or her family, as may be appropriate, during the period of separation. (3) The decision to separate the woman from her child shall be reviewed every fifteen days during the woman's stay in the mental health establishment and separation shall be terminated as soon as conditions which required the separation no longer exist: Provided that any separation permitted as per the assessment of a mental health professional, if it exceeds thirty days at a stretch, shall be required to be approved by the respective Authority. (4) Every insurer shall make provision for medical insurance for treatment of mental illness on the same basis as is available for treatment of physical illness. **22. Right to information.—(1) A person with mental illness and his nominated representative shall** have the rights to the following information, namely:— (a) the provision of this Act or any other law for the time being in force under which he has been admitted, if he is being admitted, and the criteria for admission under that provision; (b) of his right to make an application to the concerned Board for a review of the admission; (c) the nature of the person's mental illness and the proposed treatment plan which includes information about treatment proposed and the known side effects of the proposed treatment; (d) receive the information in a language and form that such person receiving the information can understand. (2) In case complete information cannot be given to the person with mental illness at the time of the admission or the start of treatment, it shall be the duty of the medical officer or psychiatrist in-charge of the person's care to ensure that full information is provided promptly when the individual is in a position to receive it: Provided that where the information has not been given to the person with mental illness at the time of the admission or the start of treatment, the medical officer or psychiatrist in charge of the person's care shall give the information to the nominated representative immediately. **23. Right to confidentiality.—(1) A person with mental illness shall have the right to confidentiality** in respect of his mental health, mental healthcare, treatment and physical healthcare. (2) All health professionals providing care or treatment to a person with mental illness shall have a duty to keep all such information confidential which has been obtained during care or treatment with the following exceptions, namely:— (a) release of information to the nominated representative to enable him to fulfil his duties under this Act; (b) release of information to other mental health professionals and other health professionals to enable them to provide care and treatment to the person with mental illness; 15 ----- (c) release of information if it is necessary to protect any other person from harm or violence; (d) only such information that is necessary to protect against the harm identified shall be released; (e) release only such information as is necessary to prevent threat to life; (f) release of information upon an order by concerned Board or the Central Authority or High Court or Supreme Court or any other statutory authority competent to do so; and (g) release of information in the interests of public safety and security. **24. Restriction on release of information in respect of mental illness.—(1) No photograph or any** other information relating to a person with mental illness undergoing treatment at a mental health establishment shall be released to the media without the consent of the person with mental illness. (2) The right to confidentiality of person with mental illness shall also apply to all information stored in electronic or digital format in real or virtual space. **25. Right to access medical records.—(1) All persons with mental illness shall have the right to** access their basic medical records as may be prescribed. (2) The mental health professional in charge of such records may withhold specific information in the medical records if disclosure would result in,— (a) serious mental harm to the person with mental illness; or (b) likelihood of harm to other persons. (3) When any information in the medical records is withheld from the person, the mental health professional shall inform the person with mental illness of his right to apply to the concerned Board for an order to release such information. **26. Right to personal contacts and communication.—(1) A person with mental illness admitted to** a mental health establishment shall have the right to refuse or receive visitors and to refuse or receive and make telephone or mobile phone calls at reasonable times subject to the norms of such mental health establishment. (2) A person with mental illness admitted in a mental health establishment may send and receive mail through electronic mode including through e-mail. (3) Where a person with mental illness informs the medical officer or mental health professional in charge of the mental health establishment that he does not want to receive mail or e-mail from any named person in the community, the medical officer or mental health professional in charge may restrict such communication by the named person with the person with mental illness. (4) Nothing contained in sub-sections (1) to (3) shall apply to visits from, telephone calls to, and from mail or e-mail to, and from individuals, specified under clauses (a) to (f) under any circumstances, namely:— (a) any Judge or officer authorised by a competent court; (b) members of the concerned Board or the Central Authority or the State Authority; (c) any member of the Parliament or a Member of State Legislature; (d) nominated representative, lawyer or legal representative of the person; (e) medical practitioner in charge of the person's treatment; (f) any other person authorised by the appropriate Government. **27. Right to legal aid.—(1) A person with mental illness shall be entitled to receive free legal** services to exercise any of his rights given under this Act. (2) It shall be the duty of magistrate, police officer, person in charge of such custodial institution as may be prescribed or medical officer or mental health professional in charge of a mental health 16 ----- establishment to inform the person with mental illness that he is entitled to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987) or other relevant laws or under any order of the court if so ordered and provide the contact details of the availability of services. **28. Right to make complaints about deficiencies in provision of services.—(1) Any person with** mental illness or his nominated representative, shall have the right to complain regarding deficiencies in provision of care, treatment and services in a mental health establishment to,— (a) the medical officer or mental health professional in charge of the establishment and if not satisfied with the response; (b) the concerned Board and if not satisfied with the response; (c) the State Authority. (2) The provisions for making complaint in sub-section (1), is without prejudice to the rights of the person to seek any judicial remedy for violation of his rights in a mental health establishment or by any mental health professional either under this Act or any other law for the time being in force. CHAPTER VI DUTIES OF APPROPRIATE GOVERNMENT **29. Promotion of mental health and preventive programmes.—(1) The appropriate Government** shall have a duty to plan, design and implement programmes for the promotion of mental health and prevention of mental illness in the country. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the appropriate Government shall, in particular, plan, design and implement public health programmes to reduce suicides and attempted suicides in the country. **30. Creating awareness about mental health and illness and reducing stigma associated with** **mental illness.—The appropriate Government shall take all measures to ensure that,—** (a) the provisions of this Act are given wide publicity through public media, including television, radio, print and online media at regular intervals; (b) the programmes to reduce stigma associated with mental illness are planned, designed, funded and implemented in an effective manner; (c) the appropriate Government officials including police officers and other officers of the appropriate Government are given periodic sensitisation and awareness training on the issues under this Act. **31. Appropriate Government to take measures as regard to human resource development and** **training, etc.—(1) The appropriate Government shall take measures to address the human resource** requirements of mental health services in the country by planning, developing and implementing educational and training programmes in collaboration with institutions of higher education and training, to increase the human resources available to deliver mental health interventions and to improve the skills of the available human resources to better address the needs of persons with mental illness. (2) The appropriate Government shall, at the minimum, train all medical officers in public healthcare establishments and all medical officers in the prisons or jails to provide basic and emergency mental healthcare. (3) The appropriate Government shall make efforts to meet internationally accepted guidelines for number of mental health professionals on the basis of population, within ten years from the commencement of this Act. **32. Co-ordination within appropriate Government.—The appropriate Government shall take all** measures to ensure effective co-ordination between services provided by concerned Ministries and Departments such as those dealing with health, law, home affairs, human resources, social justice, 17 ----- employment, education, women and child development, medical education to address issues of mental health care. CHAPTER VII CENTRAL MENTAL HEALTH AUTHORITY **33. Establishment of Central Authority.—The Central Government shall, within a period of nine** months from the date on which this Act receives the assent of the President, by notification, establish, for the purposes of this Act, an Authority to be known as the Central Mental Health Authority. **34. Composition of Central Authority.—(1) The Central Authority shall consist of the following,** namely:— (a) Secretary or Additional Secretary to the Government of India in the Department of Health and Family Welfare--chairperson ex officio; (b) Joint Secretary to the Government of India in the Department of Health and Family Welfare, in charge of mental health—member ex officio; (c) Joint Secretary to the Government of India in the Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy—member ex officio; (d) Director General of Health Services—member ex officio; (e) Joint Secretary to the Government of India in the Department of Disability Affairs of the Ministry of Social Justice and Empowerment—member ex officio; (f) Joint Secretary to the Government of India in the Ministry of Women and Child Development—member ex officio; (g) Directors of the Central Institutions for Mental Health—members ex officio; (h) such other _ex officio_ representatives from the relevant Central Government Ministries or Departments; (i) one mental health professional as defined in item (iii) of clause (r) of sub-section (1) of section 2 having at least fifteen years experience in the field, to be nominated by the Central Government—member; (j) one psychiatric social worker having at least fifteen years experience in the field, to be nominated by the Central Government—member; (k) one clinical psychologist having at least fifteen years experience in the field, to be nominated by the Central Government—member; (l) one mental health nurse having at least fifteen years experience in the field of mental health, to be nominated by the Central Government—member; (m) two persons representing persons who have or have had mental illness, to be nominated by the Central Government—members; (n) two persons representing care-givers of persons with mental illness or organisations representing care-givers, to be nominated by the Central Government—members; (o) two persons representing non-governmental organisations which provide services to persons with mental illness, to be nominated by the Central Government—members; (p) two persons representing areas relevant to mental health, if considered necessary. (2) The members referred to in clauses (h) to (p) of sub-section (1), shall be nominated by the Central Government in such manner as may be prescribed. 18 ----- **35. Term of office, salaries and allowances of chairperson and members.—(1) The members of** the Central Authority referred to in clauses (h) to (p) of sub-section (1) of section 34 shall hold office as such for a term of three years from the date of nomination and shall be eligible for reappointment: Provided that a member shall not hold office as such after he has attained the age of seventy years. (2) The chairperson and other _ex officio members of the Authority shall hold office as such_ chairperson or member, as the case may be, so long as he holds the office by virtue of which he is nominated. (3) The salaries and allowances payable to, and the other terms and conditions of service of, the **chairperson and other members shall be such as may be prescribed.** **36. Resignation.—A member of the Central Authority may, by notice in writing under his hand** addressed to the Central Government, resign his office: Provided that a member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon the office or until the expiry of his term of office, whichever is the earliest. **37. Filling of vacancies.—The Central Government shall, within two months from the date of** occurrence of any vacancy by reason of death, resignation or removal of a member of the Authority and three months before the superannuation or completion of the term of office of any member of that Authority, make nomination for filling up of the vacancy. **38. Vacancies, etc., not to invalidate proceedings of Central Authority.—No act or proceeding of** the Central Authority shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Authority; or (b) any defect in the appointment of a person as a member of the Authority; or (c) any irregularity in the procedure of the Authority not affecting the merits of the case. **39. Member not to participate in meetings in certain cases.—Any member having any direct or** indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting of the Central Authority, shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the Central Authority, and the member shall not take any part in any deliberation or decision of the Authority with respect to that matter. **40. Officers and other employees of Central Authority.—(1) There shall be a chief executive** officer of the Authority, not below the rank of the Director to the Government of India, to be appointed by the Central Government. (2) The Authority may, with the approval of the Central Government, determine the number, nature and categories of other officers and employees required by the Central Authority in the discharge of its functions. (3) The salaries and allowances payable to, and the other terms and conditions of service (including the qualifications, experience and manner of appointment) of, the chief executive officer and other officers and employees of the Central Authority shall be such as may be specified by regulations with the approval of the Central Government. **41. Functions of chief executive officer of Central Authority.—(1) The chief executive officer** shall be the legal representative of the Central Authority and shall be responsible for— (a) the day-to-day administration of the Central Authority; (b) implementing the work programmes and decisions adopted by the Central Authority; (c) drawing up of proposal for the Central Authority's work programmes; 19 ----- (d) the preparation of the statement of revenue and expenditure and the execution of the budget of the Central Authority. (2) Every year, the chief executive officer shall submit to the Central Authority for approval— (a) a general report covering all the activities of the Central Authority in the previous year; (b) programmes of work; (c) the annual accounts for the previous year; and (d) the budget for the coming year. (3) The chief executive officer shall have administrative control over the officers and other employees of the Central Authority. **42. Transfer of assets, liabilities of Central Authority.—On the establishment of the Central** Authority— (a) all the assets and liabilities of the Central Authority for Mental Health Services constituted under sub-section (1) of section 3 of the Mental Health Act, 1987 (14 of 1987) shall stand transferred to, and vested in, the Central Authority. _Explanation.—The assets of such Central Authority for Mental Health Services shall be deemed_ to include all rights and powers, and all properties, whether movable or immovable, including, in particular, cash balances, deposits and all other interests and rights in, or arising out of, such properties as may be in the possession of such Unique Identification Authority of India and all books of account and other documents relating to the same; and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind; (b) without prejudice to the provisions of clause (a), all data and information collected during enrolment, all details of authentication performed, debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for such Central Authority for Mental Health Services immediately before that day, for or in connection with the purpose of the said Central Authority for Mental Health Services, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Central Authority; (c) all sums of money due to the Central Authority for Mental Health Services immediately before that day shall be deemed to be due to the Central Authority; and (d) all suits and other legal proceedings instituted or which could have been instituted by or against such Central Authority for Mental Health Services immediately before that day may be continued or may be instituted by or against the Central Authority. **43. Functions of Central Authority.—(1) The Central Authority shall—** (a) register all mental health establishments under the control of the Central Government and maintain a register of all mental health establishments in the country based on information provided by all State Mental Health Authorities of registered establishments and compile update and publish (including online on the internet) a register of such establishments; (b) develop quality and service provision norms for different types of mental health establishments under the Central Government; (c) supervise all mental health establishments under the Central Government and receive complaints about deficiencies in provision of services; (d) maintain a national register of clinical psychologists, mental health nurses and psychiatric social workers based on information provided by all State Authorities of persons registered to work as mental health professionals for the purpose of this Act and publish the list (including online on the internet) of such registered mental health professionals; 20 ----- (e) train all persons including law enforcement officials, mental health professionals and other health professionals about the provisions and implementation of this Act; (f) advise the Central Government on all matters relating to mental healthcare and services; (g) discharge such other functions with respect to matters relating to mental health as the Central Government may decide: Provided that the mental health establishments under the control of the Central Government, before the commencement of this Act, registered under the Mental Health Act, 1987 (14 of 1987) or any other law for the time being in force, shall be deemed to have been registered under the provisions of this Act and copy of such registration shall be furnished to the Central Authority. (2) The procedure for registration (including the fees to be levied for such registration) of the mental health establishments under this section shall be such as may be prescribed by the Central Government. **44. Meetings of Central Authority.—(1) The Central Authority shall meet at such times (not less** than twice in a year) and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be specified by regulations made by the Central Authority. (2) If the chairperson, for any reason, is unable to attend a meeting of the Central Authority, the senior-most member shall preside over the meeting of the Authority. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes by the members present and voting and in the event of an equality of votes, the chairperson or in his absence the member presiding over shall have a second or casting vote. (4) All decisions of the Central Authority shall be authenticated by the signature of the chairperson or any other member authorised by the Central Authority in this behalf. (5) If any member, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any manner coming up for consideration at a meeting of the Central Authority, he shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the Authority, and the member shall not take part in any deliberation or decision of the Authority with respect to that matter. CHAPTER VIII STATE MENTAL HEALTH AUTHORITY **45. Establishment of State Authority.—Every State Government shall, within a period of nine** **months from the date on which this Act receives the assent of the President, by notification,** **establish, for the purposes of this Act, an Authority to be known as the State Mental Health** **Authority.** **46. Composition of State Authority.—(1) The State Authority shall consist of the following** chairperson and members:— (a) Secretary or Principal Secretary in the Department of Health of State Government— chairperson ex officio; (b) Joint Secretary in the Department of Health of the State Government, in charge of mental health—member ex officio; (c) Director of Health Services or Medical Education—member ex officio; (d) Joint Secretary in the Department of Social Welfare of the State Government—member _ex officio;_ (e) such other _ex officio_ representatives from the relevant State Government Ministries or Departments; 21 ----- (f) Head of any of the Mental Hospitals in the State or Head of Department of Psychiatry at any Government Medical College, to be nominated by the State Government—member; (g) one eminent psychiatrist from the State not in Government service to be nominated by the State Government—member; (h) one mental health professional as defined in item (iii) of clause (q) of sub-section (1) of section 2 having at least fifteen years experience in the field, to be nominated by the State Government—member; (i) one psychiatric social worker having at least fifteen years experience in the field, to be nominated by the State Government—member; (j) one clinical psychologist having at least fifteen years experience in the field, to be nominated by the State Government—member; (k) one mental health nurse having at least fifteen years experience in the field of mental health, to be nominated by the State Government—member; (l) two persons representing persons who have or have had mental illness, to be nominated by the State Government—member; (m) two persons representing care-givers of persons with mental illness or organisations representing care-givers, to be nominated by the State Government—members; (n) two persons representing non-governmental organisations which provide services to persons with mental illness, to be nominated by the State Government—members. (2) The members referred to in clauses (e) to (n) of sub-section (1), shall be nominated by the State Government in such manner as may be prescribed. **47. Term of office, salaries and allowances of chairperson and other members.—(1) The** members of the State Authority referred to in clauses (e) to (n) of sub-section (1) of section 46 shall hold office as such for a term of three years from the date of nomination and shall be eligible for reappointment: Provided that a member shall not hold office as such after he has attained the age of seventy years. (2) The chairperson and other _ex officio members of the State Authority shall hold office as such_ chairperson or member, as the case may be, so long as he holds the office by virtue of which he is nominated. (3) The salaries and allowances payable to, and the other terms and conditions of service of, the **chairperson and other members shall be such as may be prescribed.** **48. Resignation.—A member of the State Authority may, by notice in writing under his hand** addressed to the State Government, resign his office: Provided that a member shall, unless he is permitted by the State Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon office or until the expiry of his term of office, whichever is the earliest. **49. Filling of vacancies.—The State Government shall, within two months from the date of** occurrence of any vacancy by reason of death, resignation or removal of a member of the Authority and three months before the superannuation or completion of the term of office of any member of that Authority, make nomination for filling up of the vacancy. **50. Vacancies, etc., not to invalidate proceedings of State Authority.—No act or proceeding of** the State Authority shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the State Authority; or 22 ----- (b) any defect in the appointment of a person as a member of the State Authority; or (c) any irregularity in the procedure of the Authority not affecting the merits of the case. **51. Member not to participate in meetings in certain cases.—Any member having any direct or** indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting of the State Authority, shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the State Authority, and the member shall not take any part in any deliberation or decision of the State Authority with respect to that matter. **52. Officers and other employees of State Authority.—(1) There shall be a chief executive officer** of the State Authority, not below the rank of the Deputy Secretary to the State Government, to be appointed by the State Government. (2) The State Authority may, with the approval of the State Government, determine the number, nature and categories of other officers and employees required by the State Authority in the discharge of its functions. (3) The salaries and allowances payable to, and the other terms and conditions of service (including the qualifications, experience and manner of appointment) of, the chief executive officer and other officers and employees of the State Authority shall be such as may be specified by regulations with the approval of the State Government. **53. Functions of chief executive officer of State Authority.—(1) The chief executive officer shall** be the legal representative of the State Authority and shall be responsible for— (a) the day-to-day administration of the State Authority; (b) implementing the work programmes and decisions adopted by the State Authority; (c) drawing up of proposal for the State Authority's work programmes; (d) the preparation of the statement of revenue and expenditure and the execution of the budget of the State Authority. (2) Every year, the chief executive officer shall submit to the State Authority for approval— (a) a general report covering all the activities of the Authority in the previous year; (b) programmes of work; (c) the annual accounts for the previous year; and (d) the budget for the coming year. (3) The chief executive officer shall have administrative control over the officers and other employees of the State Authority. **54. Transfer of assets, liabilities of State Authority.—On and from the establishment of the State** Authority— (a) all the assets and liabilities of the State Authority for Mental Health Services constituted under sub-section (1) of section 4 of the Mental Health Act, 1987 (14 of 1987) shall stand transferred to, and vested in, the State Authority. _Explanation.—The assets of such State Authority for Mental Health Services shall be deemed to_ include all rights and powers, and all properties, whether movable or immovable, including, in particular, cash balances, deposits and all other interests and rights in, or arising out of, such properties as may be in the possession of such State Authority for Mental Health Services and all books of account and other documents relating to the same; and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind; 23 ----- (b) without prejudice to the provisions of clause (a), all data and information collected during enrolment, all details of authentication performed, debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for such State Authority for Mental Health Services immediately before that day, for or in connection with the purpose of the said State Authority for Mental Health Services, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the State Authority; (c) all sums of money due to the State Authority for Mental Health Services immediately before that day shall be deemed to be due to the State Authority; and (d) all suits and other legal proceedings instituted or which could have been instituted by or against such State Authority for Mental Health Services immediately before that day may be continued or may be instituted by or against the State Authority. **55. Functions of State Authority.—(1) The State Authority shall—** (a) register all mental health establishments in the State except those referred to in section 43 and maintain and publish (including online on the internet) a register of such establishments; (b) develop quality and service provision norms for different types of mental health establishments in the State; (c) supervise all mental health establishments in the State and receive complaints about deficiencies in provision of services; (d) register clinical psychologists, mental health nurses and psychiatric social workers in the State to work as mental health professionals, and publish the list of such registered mental health professionals in such manner as may be specified by regulations by the State Authority; (e) train all relevant persons including law enforcement officials, mental health professionals and other health professionals about the provisions and implementation of this Act; (f) discharge such other functions with respect to matters relating to mental health as the State Government may decide: Provided that the mental health establishments in the State (except those referred to in section 43), registered, before the commencement of this Act, under the Mental Health Act, 1987 (14 of 1987) or any other law for the time being in force, shall be deemed to have been registered under the provisions of this Act and copy of such registration shall be furnished to the State Authority. (2) The procedure for registration (including the fees to be levied for such registration) of the mental health establishments under this section shall be such as may be prescribed by the State Government. **56. Meetings of State Authority.—(1) The State Authority shall meet at such times (not less than** four times in a year) and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be specified by regulations made by the State Authority. (2) If the chairperson, for any reason, is unable to attend a meeting of the State Authority, the senior most member shall preside over the meetings of the Authority. (3) All questions which come up before any meeting of the State Authority shall be decided by a majority of votes by the members present and voting and in the event of an equality of votes, the chairperson or in his absence the member presiding over shall have a second or casting vote. (4) All decisions of the State Authority shall be authenticated by the signature of the chairperson or any other member authorised by the State Authority in this behalf. (5) If any member, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any manner coming up for consideration at a meeting of the State Authority, he shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the 24 ----- proceedings of the Authority, and the member shall not take part in any deliberation or decision of the State Authority with respect to that matter. CHAPTER IX FINANCE, ACCOUNTS AND AUDIT **57. Grants by Central Government to Central Authority.—The Central Government may, after** due appropriation made by Parliament by law in this behalf, make to the Central Authority grants of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. **58. Central Mental Health Authority Fund.—(1) There shall be constituted a Fund to be called the** Central Mental Health Authority Fund and there shall be credited thereto— (i) any grants and loans made to the Authority by the Central Government; (ii) all fees and charges received by the Authority under this Act; and (iii) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (2) The Fund referred to in sub-section (1) shall be applied for meeting the salary, allowances and other remuneration of the chairperson, other members, chief executive officer, other officers and employees of the Authority and the expenses of the Authority incurred in the discharge of its functions and for purposes of this Act. **59. Accounts and audit of Central Authority.—(1) The Central Authority shall maintain proper** accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government, in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the office of the Authority. (4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the Central Government by the Authority and the Central Government shall cause the same to be laid before each House of Parliament. **60. Annual report of Central Authority.—The Central Authority shall prepare in every year, in** such form and at such time as may be prescribed by the Central Government, an annual report giving a full account of its activities during the previous year, and copies thereof along with copies of its annual accounts and auditor's report shall be forwarded to the Central Government and the Central Government shall cause the same to be laid before both Houses of Parliament. **61. Grants by State Government.—The State Government may, after due appropriation made by** State Legislature by law in this behalf, make to the State Authority grants of such sums of money as the State Government may think fit for being utilised for the purposes of this Act. **62. State Mental Health Authority Fund.—(1) There shall be constituted a Fund to be called the** State Mental Health Authority Fund and there shall be credited thereto— (i) any grants and loans made to the State Authority by the State Government; 25 ----- (ii) all fees and charges received by the Authority under this Act; and (iii) all sums received by the State Authority from such other sources as may be decided upon by the State Government. (2) The Fund referred to in sub-section (1) shall be applied for meeting the salary, allowances and other remuneration of the chairperson, other members, chief executive officer, other officers and employees of the State Authority and the expenses of the State Authority incurred in the discharge of its functions and for purposes of this Act. **63. Accounts and audit of State Authority.—(1) The State Authority shall maintain proper** accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government, in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the State Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Authority to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the State Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the office of the State Authority. **64. Annual report of State Authority.—The State Authority shall prepare in every year, in such** form and at such time as may be prescribed by the State Government, an annual report giving a full account of its activities during the previous year, and copies thereof along with copies of its annual accounts and auditor's report shall be forwarded to the State Government and the Government shall cause the same to be laid before the State Legislature. CHAPTER X MENTAL HEALTH ESTABLISHMENTS **65. Registration of mental health establishment.—(1) No person or organisation shall establish or** run a mental health establishment unless it has been registered with the Authority under the provisions of this Act. _Explanation.—For the purposes of this Chapter, the expression “Authority” means—_ (a) in respect of the mental health establishments under the control of the Central Government, the Central Authority; (b) in respect of the mental health establishments in the State [not being the health establishments referred to in clause (a)], the State Authority. (2) Every person or organisation who proposes to establish or run a mental health establishment shall register the said establishment with the Authority under the provisions of this Act: Provided that the Central Government, may, by notification, exempt any category or class of existing mental health establishments from the requirement of registration under this Act. _Explanation.—In case a mental health establishment has been registered under the Clinical_ Establishments (Registration and Regulation) Act, 2010 (23 of 2010) or any other law for the time being in force in a State, such mental health establishment shall submit a copy of the said registration along with an application in such form as may be prescribed to the Authority with an undertaking that the mental health establishment fulfils the minimum standards, if any, specified by the Authority for the specific category of mental health establishment. 26 ----- (3) The Authority shall, on receipt of application under sub-section (2), on being satisfied that such mental health establishment fulfils the standards specified by the Authority, issue a certificate of registration in such form as may be prescribed: Provided that till the period the Authority specifies the minimum standards for different categories of mental health establishments, it shall issue a provisional certificate of registration to the mental health establishment: Provided further that on specifying the minimum standards for different categories of mental health establishments, the mental health establishment referred to in the first proviso shall, within a period of six months from the date such standards are specified, submit to the Authority an undertaking stating therein that such establishment fulfils the specified minimum standards and on being satisfied that such establishment fulfils the minimum standards, the Authority shall issue a certificate of registration to such mental health establishment. (4) Every mental health establishment shall, for the purpose of registration and continuation of registration, fulfil— (a) the minimum standards of facilities and services as may be specified by regulations made by the Authority; (b) the minimum qualifications for the personnel engaged in such establishment as may be specified by regulations made by the Authority; (c) provisions for maintenance of records and reporting as may be specified by regulations made by the Authority; and (d) any other conditions as may be specified by regulations made by the Authority. (5) The Authority may— (a) classify mental health establishments into such different categories, as may be specified by regulations made by the Central Authority; (b) specify different standards for different categories of mental health establishments; (c) while specifying the minimum standards for mental health establishments, have regard to local conditions. (6) Notwithstanding anything in this section, the Authority shall, within a period of eighteen months from the commencement of this Act, by notification, specify the minimum standards for different categories of mental health establishments. **66.** **Procedure** **for** **registration,** **inspection** **and** **inquiry** **of** **mental** **health** **establishments.—(1) The mental health establishment shall, for the purpose of registration, submit an** application, in such form, accompanied with such details and fees, as may be prescribed, to the Authority. (2) The mental health establishment may submit the application in person or by post or online. (3) Every mental health establishment, existing on the date of commencement of this Act, shall, within a period of six months from the date of constitution of the Authority, submit an application for its provisional registration to the Authority. (4) The Authority shall, within a period of ten days from the date of receipt of such application, issue to the mental health establishment a certificate of provisional registration in such form and containing such particulars and information as may be prescribed. (5) The Authority shall not be required to conduct any inquiry prior to issue of provisional registration. (6) The Authority shall, within a period of forty-five days from the date of provisional registration, publish in print and in digital form online, all particulars of the mental health establishment. 27 ----- (7) A provisional registration shall be valid for a period of twelve months from the date of its issue and be renewable. (8) Where standards for particular categories of mental health establishments have been specified under this Act, the mental health establishments in that category shall, within a period of six months from date of notifying such standards, apply for that category and obtain permanent registration. (9) The Authority shall publish the standards in print and online in digital format. (10) Until standards for particular categories of mental health establishments are specified under this Act, every mental health establishment shall, within thirty days before the expiry of the validity of certificate of provisional registration, apply for a renewal of provisional registration. (11) If the application is made after the expiry of provisional registration, the Authority shall allow renewal of registration on payment of such fees, as may be prescribed. (12) A mental health establishment shall make an application for permanent registration to the Authority in such form and accompanied with such fees as may be specified by regulations. (13) The mental health establishment shall submit evidence that the establishment has complied with the specified minimum standards in such manner as may be specified by regulations by the Authority. (14) As soon as the mental health establishment submits the required evidence of the mental health establishment having complied with the specified minimum standards, the Authority shall give public notice and display the same on its website for a period of thirty days, for filing objections, if any, in such manner as may be specified by regulations. (15) The Authority shall, communicate the objections, if any, received within the period referred to in sub-section (14), to the mental health establishment for response within such period as the Authority may determine. (16) The mental health establishment shall submit evidence of compliance with the standards with reference to the objections communicated to such establishment under sub-section (15), to the Authority within the specified period. (17) The Authority shall on being satisfied that the mental health establishment fulfils the specified minimum standards for registration, grant permanent certificate of registration to such establishment. (18) The Authority shall, within a period of forty-five days after the expiry of the period specified under this section, pass an order, either— (a) grant permanent certificate of registration; or (b) reject the application after recording the reasons thereof: Provided that in case the Authority rejects the application under clause (b), it shall grant such period not exceeding six months, to the mental health establishment for rectification of the deficiencies which have led to rejection of the application and such establishment may apply afresh for registration. (19) Notwithstanding anything contained in this section, if the Authority has neither communicated any objections received by it to the mental health establishment under sub-section (15), nor has passed an order under sub-section (18), the registration shall be deemed to have been granted by the Authority and the Authority shall provide a permanent certificate of registration. **67. Audit of mental health establishment.—(1) The Authority shall cause to be conducted an audit** of all registered mental health establishments by such person or persons (including representatives of the local community) as may be prescribed, every three years, so as to ensure that such mental health establishments comply with the requirements of minimum standards for registration as a mental health establishment. (2) The Authority may charge the mental health establishment such fee as may be prescribed, for conducting the audit under this section. 28 ----- (3) The Authority may issue a show cause notice to a mental health establishment as to why its registration under this Act not be cancelled, if the Authority is satisfied that— (a) the mental health establishment has failed to maintain the minimum standards specified by the Authority; or (b) the person or persons or entities entrusted with the management of the mental health establishment have been convicted of an offence under this Act; or (c) the mental health establishment violates the rights of any person with mental illness. (4) The Authority may, after giving a reasonable opportunity to the mental health establishment, if satisfied that the mental health establishment falls under clause (a) or clause (b) or clause (c) of sub-section (3), without prejudice to any other action which it may take against the mental health establishment, cancel its registration. (5) Every order made under sub-section (4) shall take effect— (a) where no appeal has been preferred against such order, immediately on the expiry of the period specified for preferring of appeal; and (b) where the appeal has been preferred against such an order and the appeal has been dismissed, from the date of the order of dismissal. (6) The Authority shall, on cancellation of the registration for reasons to be recorded in writing, restrain immediately the mental health establishment from carrying on its operations, if there is imminent danger to the health and safety of the persons admitted in the mental health establishment. (7) The Authority may cancel the registration of a mental health establishment if recommended by the Board to do so. **68. Inspection and inquiry.—(1) The Authority may, suo motu or on a complaint received from any** person with respect to non-adherence of minimum standards specified by or under this Act or contravention of any provision thereof, order an inspection or inquiry of any mental health establishment, to be made by such person as may be prescribed. (2) The mental health establishment shall be entitled to be represented at such inspection or inquiry. (3) The Authority shall communicate to the mental health establishment the results of such inspection or inquiry and may after ascertaining the opinion of the mental health establishment, order the establishment to make necessary changes within such period as may be specified by it. (4) The mental health establishment shall comply with the order of the Authority made under sub-section (3). (5) If the mental health establishment fails to comply with the order of the Authority made under sub-section (3), the Authority may cancel the registration of the mental health establishment. (6) The Authority or any person authorised by it may, if there is any reason to suspect that any person is operating a mental health establishment without registration, enter and search in such manner as may be prescribed, and the mental health establishment shall co-operate with such inspection or inquiry and be entitled to be represented at such inspection or inquiry. **69. Appeal to High Court against order of Authority.—Any mental health establishment** aggrieved by an order of the Authority refusing to grant registration or renewal of registration or cancellation of registration, may, within a period of thirty days from such order, prefer an appeal to the High Court in the State: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. 29 ----- **70. Certificates, fees and register of mental health establishments.—(1) Every mental health** establishment shall display the certificate of registration in a conspicuous place in the mental health establishment in such manner so as to be visible to everyone visiting the mental health establishment. (2) In case the certificate is destroyed or lost or mutilated or damaged, the Authority may issue a duplicate certificate on the request of the mental health establishment and on the payment of such fees as may be prescribed. (3) The certificate of registration shall be non-transferable and valid in case of change of ownership of the establishment. (4) Any change of ownership of the mental health establishment shall be intimated to the Authority by the new owner within one month from the date of change of ownership. (5) In the event of change of category of the mental health establishment, such establishment shall surrender the certificate of registration to the Authority and the mental health establishment shall apply afresh for grant of certificate of registration in that category. **71. Maintenance of register of mental health establishment in digital format.—The Authority** shall maintain in digital format a register of mental health establishments, registered by the Authority, to be called the Register of Mental Health Establishments and shall enter the particulars of the certificate of registration so granted in a separate register to be maintained in such form and manner as may be prescribed. **72. Duty of mental health establishment to display information.—(1) Every mental health** establishment shall display within the establishment at conspicuous place (including on its website), the contact details including address and telephone numbers of the concerned Board. (2) Every mental health establishment shall provide the person with necessary forms to apply to the concerned Board and also give free access to make telephone calls to the Board to apply for a review of the admission. CHAPTER XI MENTAL HEALTH REVIEW BOARDS **73. Constitution of Mental Health Review Boards.—(1) The State Authority shall, by notification,** constitute Boards to be called the Mental Health Review Boards, for the purposes of this Act. (2) The requisite number, location and the jurisdiction of the Boards shall be specified by the State Authority in consultation with the State Governments concerned. (3) The constitution of the Boards by the State Authority for a district or group of districts in a State under this section shall be such as may be prescribed by the Central Government. (4) While making rules under sub-section (3), the Central Government shall have regard to the following, namely:— (a) the expected or actual workload of the Board in the State in which such Board is to be constituted; (b) number of mental health establishments existing in the State; (c) the number of persons with mental illness; (d) population in the district in which the Board is to be constituted; (e) geographical and climatic conditions of the district in which the Board is to be constituted. **74. Composition of Board.—(1) Each Board shall consist of—** (a) a District Judge, or an officer of the State judicial services who is qualified to be appointed as District Judge or a retired District Judge who shall be chairperson of the Board; 30 ----- (b) representative of the District Collector or District Magistrate or Deputy Commissioner of the districts in which the Board is to be constituted; (c) two members of whom one shall be a psychiatrist and the other shall be a medical practitioner. (d) two members who shall be persons with mental illness or care-givers or persons representing organisations of persons with mental illness or care-givers or non-governmental organisations working in the field of mental health. (2) A person shall be disqualified to be appointed as the chairperson or a member of a Board or be removed by the State Authority, if he— (a) has been convicted and sentenced to imprisonment for an offence which involves moral turpitude; or (b) is adjudged as an insolvent; or (c) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or (d) has such financial or other interest as is likely to prejudice the discharge of his functions as a member; or (e) has such other disqualifications as may be prescribed by the Central Government. (3) A chairperson or member of a Board may resign his office by notice in writing under his hand addressed to the Chairperson of the State Authority and on such resignation being accepted, the vacancy shall be filled by appointment of a person, belonging to the category under sub-section (1) of section 74. **75. Terms and conditions of service of chairperson and members of Board.—(1) The** chairperson and members of the Board shall hold office for a term of five years or up to the age of seventy years, whichever is earlier and shall be eligible for reappointment for another term of five years or up to the age of seventy years whichever is earlier. (2) The appointment of chairperson and members of every Board shall be made by the Chairperson of the State Authority. (3) The honorarium and other allowances payable to, and the other terms and conditions of service of, the chairperson and members of the Board shall be such as may be prescribed by the Central Government. **76. Decisions of Authority and Board.—(1) The decisions of the Authority or the Board, as the** case may be, shall be by consensus, failing which by a majority of votes of members present and voting and in the event of equality of votes, the president or the chairperson, as the case may be, shall have a second or casting vote. (2) The quorum of a meeting of the Authority or the Board, as the case may be, shall be three members. **77. Applications to Board.—(1) Any person with mental illness or his nominated representative or** a representative of a registered non-governmental organisation, with the consent of such a person, being aggrieved by the decision of any of the mental health establishment or whose rights under this Act have been violated, may make an application to the Board seeking redressal or appropriate relief. (2) There shall be no fee or charge levied for making such an application. (3) Every application referred to in sub-section (1) shall contain the name of applicant, his contact details, the details of the violation of his rights, the mental health establishment or any other place where such violation took place and the redressal sought from the Board. (4) In exceptional circumstances, the Board may accept an application made orally or over telephone from a person admitted to a mental health establishment. 31 ----- **78. Proceedings before Board to be judicial proceedings.—All proceedings before the Board shall** be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860). **79. Meetings—The Board shall meet at such times and places and shall observe such rules of** procedure in regard to the transaction of business at its meetings as may be specified by regulations made by the Central Authority. **80. Proceedings before Board.—(1) The Board, on receipt of an application under sub-section (1)** of section 85, shall, subject to the provisions of this section, endeavour to hear and dispose of the same within a period of ninety days. (2) The Board shall dispose of an application— (a) for appointment of nominated representative under clause (d) of sub-section (4) of section 14; (b) challenging admission of a minor under section 87; (c) challenging supported admission under sub-section (10) or sub-section (11) of section 89, within period of seven days from the date of receipt of such applications. (3) The Board shall dispose of an application challenging supported admission under section 90 within a period of twenty-one days from the date of receipt of the application. (4) The Board shall dispose of an application, other than an application referred to in sub-section (3), within a period of ninety days from the date of filing of the application. (5) The proceeding of the Board shall be held in camera. (6) The Board shall not ordinarily grant an adjournment for the hearing. (7) The parties to an application may appear in person or be represented by a counsel or a representative of their choice. (8) In respect of any application concerning a person with mental illness, the Board shall hold the hearings and conduct the proceedings at the mental health establishment where such person is admitted. (9) The Board may allow any persons other than those directly interested with the application, with the permission of the person with mental illness and the chairperson of the Board, to attend the hearing. (10) The person with mental illness whose matter is being heard shall have the right to give oral evidence to the Board, if such person desires to do so. (11) The Board shall have the power to require the attendance and testimony of such other witnesses as it deems appropriate. (12) The parties to a matter shall have the right to inspect any document relied upon by any other party in its submissions to the Board and may obtain copies of the same. (13) The Board shall, within five days of the completion of the hearing, communicate its decision to the parties in writing. (14) Any member who is directly or indirectly involved in a particular case, shall not sit on the Board during the hearings with respect to that case. **81. Central Authority to appoint Expert Committee to prepare guidance document.—(1) The** Central Authority shall appoint an Expert Committee to prepare a guidance document for medical practitioners and mental health professionals, containing procedures for assessing, when necessary or the capacity of persons to make mental health care or treatment decisions. (2) Every medical practitioner and mental health professional shall, while assessing capacity of a person to make mental healthcare or treatment decisions, comply with the guidance document referred to in sub-section (1) and follow the procedure specified therein. 32 ----- **82. Powers and functions of Board.—(1) Subject to the provisions of this Act, the powers and** functions of the Board shall, include all or any of the following matters, namely:— (a) to register, review, alter, modify or cancel an advance directive; (b) to appoint a nominated representative; (c) to receive and decide application from a person with mental illness or his nominated representative or any other interested person against the decision of medical officer or mental health professional in charge of mental health establishment or mental health establishment under section 87 or section 89 or section 90; (d) to receive and decide applications in respect non-disclosure of information specified under sub-section (3) of section 25; (e) to adjudicate complaints regarding deficiencies in care and services specified under section 28; (f) to visit and inspect prison or jails and seek clarifications from the medical officer in-charge of health services in such prison or jail. (2) Where it is brought to the notice of a Board or the Central Authority or State Authority, that a mental health establishment violates the rights of persons with mental illness, the Board or the Authority may conduct an inspection and inquiry and take action to protect their rights. (3) Notwithstanding anything contained in this Act, the Board, in consultation with the Authority, may take measures to protect the rights of persons with mental illness as it considers appropriate. (4) If the mental health establishment does not comply with the orders or directions of the Authority or the Board or wilfully neglects such order or direction, the Authority or the Board, as the case may be, may impose penalty which may extend up to five lakh rupees on such mental health establishment and the Authority on its own or on the recommendations of the Board may also cancel the registration of such mental health establishment after giving an opportunity of being heard. **83. Appeal to High Court against order of Authority or Board.—Any person or establishment** aggrieved by the decision of the Authority or a Board may, within a period of thirty days from such decision, prefer an appeal to the High Court of the State in which the Board is situated: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. **84. Grants by Central Government.—(1) The Central Government may, make to the Central** Authority grants of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. (2) The grants referred to in sub-section (1) shall be applied for,— (a) meeting the salary, allowances and other remuneration of the chairperson, members, officers and other employees of the Central Authority; (b) meeting the salary, allowances and other remuneration of the chairperson, members, officers and other employees of the Boards; and (c) the expenses of the Central Authority and the Boards incurred in the discharge of their functions and for the purposes of this Act. CHAPTER XII ADMISSION, TREATMENT AND DISCHARGE **85. Admission of person with mental illness as independent patient in mental health** **establishment.—(1) For the purposes of this Act, “independent patient or an independent admission”** refers to the admission of person with mental illness, to a mental health establishment, who has the 33 ----- capacity to make mental healthcare and treatment decisions or requires minimal support in making decisions. (2) All admissions in the mental health establishment shall, as far as possible, be independent admissions except when such conditions exist as make supported admission unavoidable. **86. Independent admission and treatment.—(1) Any person, who is not a minor and who** considers himself to have a mental illness and desires to be admitted to any mental health establishment for treatment may request the medical officer or mental health professional in charge of the establishment to be admitted as an independent patient. (2) On receipt of such request under sub-section (1), the medical officer or mental health professional in charge of the establishment shall admit the person to the establishment if the medical officer or mental health professional is satisfied that— (a) the person has a mental illness of a severity requiring admission to a mental health establishment; (b) the person with mental illness is likely to benefit from admission and treatment to the mental health establishment; (c) the person has understood the nature and purpose of admission to the mental health establishment, and has made the request for admission of his own free will, without any duress or undue influence and has the capacity to make mental healthcare and treatment decisions without support or requires minimal support from others in making such decisions. (3) If a person is unable to understand the purpose, nature, likely effects of proposed treatment and of the probable result of not accepting the treatment or requires a very high level of support approaching hundred per cent. support in making decisions, he or she shall be deemed unable to understand the purpose of the admission and therefore shall not be admitted as independent patient under this section. (4) A person admitted as an independent patient to a mental health establishment shall be bound to abide by order and instructions or bye-laws of the mental health establishment. (5) An independent patient shall not be given treatment without his informed consent. (6) The mental health establishment shall admit an independent patient on his own request, and shall not require the consent or presence of a nominated representative or a relative or care-giver for admitting the person to the mental health establishment. (7) Subject to the provisions contained in section 88 an independent patient may get himself discharged from the mental health establishment without the consent of the medical officer or mental health professional in charge of such establishment. **87. Admission of minor.—(1) A minor may be admitted to a mental health establishment only after** following the procedure laid down in this section. (2) The nominated representative of the minor shall apply to the medical officer in charge of a mental health establishment for admission of the minor to the establishment. (3) Upon receipt of such an application, the medical officer or mental health professional in charge of the mental health establishment may admit such a minor to the establishment, if two psychiatrists, or one psychiatrist and one mental health professional or one psychiatrist and one medical practitioner, have independently examined the minor on the day of admission or in the preceding seven days and both independently conclude based on the examination and, if appropriate, on information provided by others, that,— (a) the minor has a mental illness of a severity requiring admission to a mental health establishment; 34 ----- (b) admission shall be in the best interests of the minor, with regard to his health, well-being or safety, taking into account the wishes of the minor if ascertainable and the reasons for reaching this decision; (c) the mental healthcare needs of the minor cannot be fulfilled unless he is admitted; and (d) all community based alternatives to admission have been shown to have failed or are demonstrably unsuitable for the needs of the minor. (4) A minor so admitted shall be accommodated separately from adults, in an environment that takes into account his age and developmental needs and is at least of the same quality as is provided to other minors admitted to hospitals for other medical treatments. (5) The nominated representative or an attendant appointed by the nominated representative shall under all circumstances stay with the minor in the mental health establishment for the entire duration of the admission of the minor to the mental health establishment. (6) In the case of minor girls, where the nominated representative is male, a female attendant shall be appointed by the nominated representative and under all circumstances shall stay with the minor girl in the mental health establishment for the entire duration of her admission. (7) A minor shall be given treatment with the informed consent of his nominated representative. (8) If the nominated representative no longer supports admission of the minor under this section or requests discharge of the minor from the mental health establishment, the minor shall be discharged by the mental health establishment. (9) Any admission of a minor to a mental health establishment shall be informed by the medical officer or mental health professional in charge of the mental health establishment to the concerned Board within a period of seventy-two hours. (10) The concerned Board shall have the right to visit and interview the minor or review the medical records if the Board desires to do so. (11) Any admission of a minor which continues for a period of thirty days shall be immediately informed to the concerned Board. (12) The concerned Board shall carry out a mandatory review within a period of seven days of being informed, of all admissions of minors continuing beyond thirty days and every subsequent thirty days. (13) The concerned Board shall at minimum, review the clinical records of the minor and may interview the minor if necessary. **88. Discharge of independent patients.—(1) The medical officer or mental health professional in** charge of a mental health establishment shall discharge from the mental health establishment any person admitted under section 86 as an independent patient immediately on request made by such person or if the person disagrees with his admission under section 86 subject to the provisions of sub-section (3). (2) Where a minor has been admitted to a mental health establishment under section 87 and attains the age of eighteen years during his stay in the mental health establishment, the medical officer in charge of the mental health establishment shall classify him as an independent patient under section 86 and all provisions of this Act as applicable to independent patient who is not minor, shall apply to such person. (3) Notwithstanding anything contained in this Act, a mental health professional may prevent discharge of a person admitted as an independent person under section 86 for a period of twenty-four hours so as to allow his assessment necessary for admission under section 89 if the mental health professional is of the opinion that— (a) such person is unable to understand the nature and purpose of his decisions and requires substantial or very high support from his nominated representative; or 35 ----- (b) has recently threatened or attempted or is threatening or attempting to cause bodily harm to himself; or (c) has recently behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him; or (d) has recently shown or is showing an inability to care for himself to a degree that places the individual at risk of harm to himself. (4) The person referred to in sub-section (3) shall be either admitted as a supported patient under section 89, or discharged from the establishment within a period of twenty-four hours or on completion of assessments for admission for a supported patient under section 89, whichever is earlier. **89. Admission and treatment of persons with mental illness, with high support needs, in** **mental health establishment, up to thirty days (supported admission).—(1) The medical officer or** mental health professional in charge of a mental health establishment shall admit every such person to the establishment, upon application by the nominated representative of the person, under this section, if— (a) the person has been independently examined on the day of admission or in the preceding seven days, by one psychiatrist and the other being a mental health professional or a medical practitioner, and both independently conclude based on the examination and, if appropriate, on information provided by others, that the person has a mental illness of such severity that the person,- (i) has recently threatened or attempted or is threatening or attempting to cause bodily harm to himself; or (ii) has recently behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him; or (iii) has recently shown or is showing an inability to care for himself to a degree that places the individual at risk of harm to himself; (b) the psychiatrist or the mental health professionals or the medical practitioner, as the case may be, certify, after taking into account an advance directive, if any, that admission to the mental health establishment is the least restrictive care option possible in the circumstances; and (c) the person is ineligible to receive care and treatment as an independent patient because the person is unable to make mental healthcare and treatment decisions independently and needs very high support from his nominated representative in making decisions. (2) The admission of a person with mental illness to a mental health establishment under this section shall be limited to a period of thirty days. (3) At the end of the period mentioned under sub-section (2), or earlier, if the person no longer meets the criteria for admission as stated in sub-section (1), the patient shall no longer remain in the establishment under this section. (4) On the expiry of the period of thirty days referred to in sub-section (2), the person may continue to remain admitted in the mental health establishment in accordance with the provisions of section 90. (5) If the conditions under section 90 are not met, the person may continue to remain in the mental health establishment as an independent patient under section 86 and the medical officer or mental health professional in charge of the mental health establishment shall inform the person of his admission status under this Act, including his right to leave the mental health establishment. (6) Every person with mental illness admitted under this section shall be provided treatment after taking into account,— (a) an advance directive if any; or 36 ----- (b) informed consent of the patient with the support of his nominated representative subject to the provisions of sub-section (7). (7) If a person with the mental illness admitted under this section requires nearly hundred per cent. support from his nominated representative in making a decision in respect of his treatment, the nominated representative may temporarily consent to the treatment plan of such person on his behalf. (8) In case where consent has been given under sub-section (7), the medical officer or mental health professional in charge of the mental health establishment shall record such consent in the medical records and review the capacity of the patient to give consent every seven days. (9) The medical officer or mental health professional in charge of the mental health establishment shall report the concerned Board,— (a) within three days the admissions of a woman or a minor; (b) within seven days the admission of any person not being a woman or minor. (10) A person admitted under this section or his nominated representative or a representative of a registered non-governmental organisation with the consent of the person, may apply to the concerned Board for review of the decision of the medical officer or mental health professional in charge of the mental health establishment to admit the person to the mental health establishment under this section. (11) The concerned Board shall review the decision of the medical officer or mental health professional in charge of the mental health establishment and give its findings thereon within seven days of receipt of request for such review which shall be binding on all the concerned parties. (12) Notwithstanding anything contained in this Act, it shall be the duty of the medical officer or mental health professional in charge of the mental health establishment to keep the condition of the person with mental illness admitted under this section on going review. (13) If the medical officer or mental health professional in charge of the mental health establishment is of the opinion that the conditions specified under sub-section (1) are no longer applicable, he shall terminate the admission under this section, and inform the person and his nominated representative accordingly. (14) Non applicability of conditions referred to in sub-section (13) shall not preclude the person with mental illness remaining as an independent patient. (15) In a case, a person with the mental illness admitted under this section has been discharged, such person shall not be readmitted under this section within a period of seven days from the date of his discharge. (16) In case a person referred to in sub-section (15) requires readmission within a period of seven days referred to in that sub-section, such person shall be considered for readmission in accordance with the provisions of section 90. (17) If the medical officer or mental health professional in charge of the mental health establishment is of the opinion that the person with mental illness admitted under this section in the mental health establishment requires or is likely to require further treatment beyond the period of thirty days, then such medical officer or mental health professional shall be duty bound to refer the matter to be examined by two psychiatrists for his admission beyond thirty days. **90. Admission and treatment of persons with mental illness, with high support needs, in mental** **health establishment, beyond thirty days (supported admission beyond thirty days).—(1) If a** person with mental illness admitted under section 89 requires continuous admission and treatment beyond thirty days or a person with mental illness discharged under sub-section (15) of that section requires readmission within seven days of such discharge, he shall be admitted in accordance with the provisions of this section. 37 ----- (2) The medical officer or mental health professional in charge of a mental health establishment, upon application by the nominated representative of a person with mental illness, shall continue admission of such person with mental illness, if— (a) two psychiatrists have independently examined the person with mental illness in the preceding seven days and both independently conclude based on the examination and, on information provided by others that the person has a mental illness of a severity that the person— (i) has consistently over time threatened or attempted to cause bodily harm to himself; or (ii) has consistently over time behaved violently towards another person or has consistently over time caused another person to fear bodily harm from him; or (iii) has consistently over time shown an inability to care for himself to a degree that places the individual at risk of harm to himself; (b) both psychiatrists, after taking into account an advance directive, if any, certify that admission to a mental health establishment is the least restrictive care option possible under the circumstances; and (c) the person continues to remain ineligible to receive care and treatment as a independent patient as the person cannot make mental healthcare and treatment decisions independently and needs very high support from his nominated representative, in making decisions. (3) The medical officer or mental health professional in charge of the mental health establishment shall report all admissions or readmission under this section, within a period of seven days of such admission or readmission, to the concerned Board. (4) The Board shall, within a period of twenty-one days from the date of last admission or readmission of person with mental illness under this section, permit such admission or readmission or order discharge of such person. (5) While permitting admission or readmission or ordering discharge of such person under sub-section (4), the Board shall examine— (a) the need for institutional care to such person; (b) whether such care cannot be provided in less restrictive settings based in the community. (6) In all cases of application for readmission or continuance of admission of a person with mental illness in the mental health establishment under this section, the Board may require the medical officer or psychiatrist in charge of treatment of such person with mental illness to submit a plan for community based treatment and the progress made, or likely to be made, towards realising this plan. (7) The person referred to in sub-section (4) shall not be permitted to continue in the mental health establishment in which he had been admitted or his readmission in such establishment merely on the ground of non-existence of community based services at the place where such person ordinarily resides. (8) The admission of a person with mental illness to a mental health establishment under this section shall be limited to a period up to ninety days in the first instance. (9) The admission of a person with mental illness to a mental health establishment under this section beyond the period of ninety days may be extended for a period of one hundred and twenty days at the first instance and thereafter for a period of one hundred and eighty days each time after complying with the provisions of sub-sections (1) to (7). (10) If the Board refuses to permit admission or continuation thereof or readmission under sub-section (9), or on the expiry of the periods referred to in sub-section (9) or earlier if such person no longer falls within the criteria for admission under sub-section (1), such person shall be discharged from such mental health establishment. 38 ----- (11) Every person with mental illness admitted under this section shall be provided treatment, after taking into account— (a) an advance directive; or (b) informed consent of the person with the support from his nominated representative subject to the provision of sub-section (12). (12) If a person with mental illness admitted under this section, requires nearly hundred per cent. support from his nominated representative, in making decision in respect of his treatment, the nominated representative may temporarily consent to the treatment plan of such person on his behalf. (13) In a case where consent has been given under sub-section (12), the medical officer or mental health professional in charge of the mental health establishment shall record such consent in the medical records of such person with mental illness and review on the expiry of every fortnight, the capacity of such person to give consent. (14) A person with mental illness admitted under this section, or his nominated representative or a representative of a registered non-governmental organisation with the consent of the person, may apply to the concerned Board for review of the decision of the medical officer or mental health professional in charge of medical health establishment to admit such person in such establishment and the decision of the Board thereon shall be binding on all parties. (15) Notwithstanding anything contained in this Act, if the medical officer or mental health professional in charge of the mental health establishment is of the opinion that the conditions under sub-section (1) are no longer applicable, such medical officer or mental health professional shall discharge such person from such establishment and inform such person and his nominated representative accordingly. (16) The person with mental illness referred to in sub-section (15) may continue to remain in the mental health establishment as an independent patient. **91. Leave of absence.—The medical officer or mental health professional in charge of the mental** health establishment may grant leave to any person with mental illness admitted under section 87 or section 89 or section 90, to be absent from the establishment subject to such conditions, if any, and for such duration as such medical officer or psychiatrist may consider necessary. **92. Absence without leave or discharge.—If any person to whom section 103 applies absents** himself without leave or without discharge from the mental health establishment, he shall be taken into protection by any Police Officer at the request of the medical officer or mental health professional incharge of the mental health establishment and shall be sent back to the mental health establishment immediately. **93. Transfer of persons with mental illness from one mental health establishment to another** **mental health establishment.—(1) A person with mental illness admitted to a mental health** establishment under section 87 or section 89 or section 90 or section 103, as the case may be, may subject to any general or special order of the Board be removed from such mental health establishment and admitted to another mental health establishment within the State or with the consent of the Central Authority to any mental health establishment in any other State: Provided that no person with mental illness admitted to a mental health establishment under an order made in pursuance of an application made under this Act shall be so removed unless intimation and reasons for the transfer have been given to the person with mental illness and his nominated representative. (2) The State Government may make such general or special order as it thinks fit directing the removal of any prisoner with mental illness from the place where he is for the time being detained, to any mental health establishment or other place of safe custody in the State or to any mental health establishment or other place of safe custody in any other State with the consent of the Government of that other State. 39 ----- **94. Emergency treatment.—(1) Notwithstanding anything contained in this Act, any medical** treatment, including treatment for mental illness, may be provided by any registered medical practitioner to a person with mental illness either at a health establishment or in the community, subject to the informed consent of the nominated representative, where the nominated representative is available, and where it is immediately necessary to prevent— (a) death or irreversible harm to the health of the person; or (b) the person inflicting serious harm to himself or to others; or (c) the person causing serious damage to property belonging to himself or to others where such behaviour is believed to flow directly from the person's mental illness. _Explanation.—For the purposes of this section, “emergency treatment” includes transportation of the_ person with mental illness to a nearest mental health establishment for assessment. (2) Nothing in this section shall allow any medical officer or psychiatrist to give to the person with mental illness medical treatment which is not directly related to the emergency treatment specified under sub-section (1). (3) Nothing in this section shall allow any medical officer or psychiatrist to use electro-convulsive therapy as a form of treatment. (4) The emergency treatment referred to in this section shall be limited to seventy-two hours or till the person with mental illness has been assessed at a mental health establishment, whichever is earlier: Provided that during a disaster or emergency declared by the appropriate Government, the period of emergency treatment referred to in this sub-section may extend up to seven days. **95. Prohibited procedures.—(1) Notwithstanding anything contained in this Act, the following** treatments shall not be performed on any person with mental illness— (a) electro-convulsive therapy without the use of muscle relaxants and anaesthesia; (b) electro-convulsive therapy for minors; (c) sterilisation of men or women, when such sterilisation is intended as a treatment for mental illness; (d) chained in any manner or form whatsoever. (2) Notwithstanding anything contained in sub-section (1), if, in the opinion of psychiatrist in charge of a minor's treatment, electro-convulsive therapy is required, then, such treatment shall be done with the informed consent of the guardian and prior permission of the concerned Board. **96. Restriction on psychosurgery for persons with mental illness.—(1) Notwithstanding anything** contained in this Act, psychosurgery shall not be performed as a treatment for mental illness unless— (a) the informed consent of the person on whom the surgery is being performed; and (b) approval from the concerned Board to perform the surgery, has been obtained. (2) The Central Authority may make regulations for the purpose of carrying out the provisions of this section. **97. Restraints and seclusion.—(1) A person with mental illness shall not be subjected to seclusion** or solitary confinement, and, where necessary, physical restraint may only be used when,— (a) it is the only means available to prevent imminent and immediate harm to person concerned or to others; (b) it is authorised by the psychiatrist in charge of the person's treatment at the mental health establishment. 40 ----- (2) Physical restraint shall not be used for a period longer than it is absolutely necessary to prevent the immediate risk of significant harm. (3) The medical officer or mental health professional in charge of the mental health establishment shall be responsible for ensuring that the method, nature of restraint justification for its imposition and the duration of the restraint are immediately recorded in the person's medical notes. (4) The restraint shall not be used as a form of punishment or deterrent in any circumstance and the mental health establishment shall not use restraint merely on the ground of shortage of staff in such establishment. (5) The nominated representative of the person with mental illness shall be informed about every instance of restraint within a period of twenty-four hours. (6) A person who is placed under restraint shall be kept in a place where he can cause no harm to himself or others and under regular ongoing supervision of the medical personnel at the mental health establishment. (7) The mental health establishment shall include all instances of restraint in the report to be sent to the concerned Board on a monthly basis. (8) The Central Authority may make regulations for the purpose of carrying out the provisions of this section. (9) The Board may order a mental health establishment to desist from applying restraint if the Board is of the opinion that the mental health establishment is persistently and wilfully ignoring the provisions of this section. **98. Discharge planning.—(1) Whenever a person undergoing treatment for mental illness in a** mental health establishment is to be discharged into the community or to a different mental health establishment or where a new psychiatrist is to take responsibility of the person's care and treatment, the psychiatrist who has been responsible for the person's care and treatment shall consult with the person with mental illness, the nominated representative, the family member or care-giver with whom the person with mental illness shall reside on discharge from the hospital, the psychiatrist expected to be responsible for the person's care and treatment in the future, and such other persons as may be appropriate, as to what treatment or services would be appropriate for the person. (2) The psychiatrist responsible for the person's care shall in consultation with the persons referred to in sub-section (1) ensure that a plan is developed as to how treatment or services shall be provided to the person with mental illness. (3) The discharge planning under this section shall apply to all discharges from a mental health establishment. **99. Research.—(1) The professionals conducting research shall obtain free and informed consent** from all persons with mental illness for participation in any research involving interviewing the person or psychological, physical, chemical or medicinal interventions. (2) In case of research involving any psychological, physical, chemical or medicinal interventions to be conducted on person who is unable to give free and informed consent but does not resist participation in such research, permission to conduct such research shall be obtained from concerned State Authority. (3) The State Authority may allow the research to proceed based on informed consent being obtained from the nominated representative of persons with mental illness, if the State Authority is satisfied that–– (a) the proposed research cannot be performed on persons who are capable of giving free and informed consent; (b) the proposed research is necessary to promote the mental health of the population represented by the person; 41 ----- (c) the purpose of the proposed research is to obtain knowledge relevant to the particular mental health needs of persons with mental illness; (d) a full disclosure of the interests of persons and organisations conducting the proposed research is made and there is no conflict of interest involved; and (e) the proposed research follows all the national and international guidelines and regulations concerning the conduct of such research and ethical approval has been obtained from the institutional ethics committee where such research is to be conducted. (4) The provisions of this section shall not restrict research based study of the case notes of a person who is unable to give informed consent, so long as the anonymity of the persons is secured. (5) The person with mental illness or the nominated representative who gives informed consent for participation in any research under this Act may withdraw the consent at any time during the period of research. CHAPTER XIII RESPONSIBILITIES OF OTHER AGENCIES **100. Duties of police officers in respect of persons with mental illness.—(1) Every officer** in-charge of a police station shall have a duty— (a) to take under protection any person found wandering at large within the limits of the police station whom the officer has reason to believe has mental illness and is incapable of taking care of himself; or (b) to take under protection any person within the limits of the police station whom the officer has reason to believe to be a risk to himself or others by reason of mental illness. (2) The officer in-charge of a police station shall inform the person who has been taken into protection under sub-section (1), the grounds for taking him into such protection or his nominated representative, if in the opinion of the officer such person has difficulty in understanding those grounds. (3) Every person taken into protection under sub-section (1) shall be taken to the nearest public health establishment as soon as possible but not later than twenty-four hours from the time of being taken into protection, for assessment of the person's healthcare needs. (4) No person taken into protection under sub-section (1) shall be detained in the police lock up or prison in any circumstances. (5) The medical officer in-charge of the public health establishment shall be responsible for arranging the assessment of the person and the needs of the person with mental illness will be addressed as per other provisions of this Act as applicable in the particular circumstances. (6) The medical officer or mental health professional in-charge of the public mental health establishment if on assessment of the person finds that such person does not have a mental illness of a nature or degree requiring admission to the mental health establishment, he shall inform his assessment to the police officer who had taken the person into protection and the police officer shall take the person to the person's residence or in case of homeless persons, to a Government establishment for homeless persons. (7) In case of a person with mental illness who is homeless or found wandering in the community, a First Information Report of a missing person shall be lodged at the concerned police station and the station house officer shall have a duty to trace the family of such person and inform the family about the whereabouts of the person. **101. Report to Magistrate of person with mental illness in private residence who is ill-treated** **or neglected.—(1) Every officer in-charge of a police station, who has reason to believe that any person** residing within the limits of the police station has a mental illness and is being ill-treated or neglected, 42 ----- shall forthwith report the fact to the Magistrate within the local limits of whose jurisdiction the person with mental illness resides. (2) Any person who has reason to believe that a person has mental illness and is being ill-treated or neglected by any person having responsibility for care of such person, shall report the fact to the police officer in-charge of the police station within whose jurisdiction the person with mental illness resides. (3) If the Magistrate has reason to believe based on the report of a police officer or otherwise, that any person with mental illness within the local limits of his jurisdiction is being ill-treated or neglected, the Magistrate may cause the person with mental illness to be produced before him and pass an order in accordance with the provisions of section 102. **102. Conveying or admitting person with mental illness to mental health establishment by** **Magistrate.—(1) When any person with mental illness or who may have a mental illness appears or is** brought before a Magistrate, the Magistrate may, order in writing— (a) that the person is conveyed to a public mental health establishment for assessment and treatment, if necessary and the mental health establishment shall deal with such person in accordance with the provisions of the Act; or (b) to authorise the admission of the person with mental illness in a mental health establishment for such period not exceeding ten days to enable the medical officer or mental health professional in charge of the mental health establishment to carry out an assessment of the person and to plan for necessary treatment, if any. (2) On completion of the period of assessment referred to in sub-section (1), the medical officer or mental health professional in charge of the mental health establishment shall submit a report to the Magistrate and the person shall be dealt with in accordance with the provisions of this Act. **103. Prisoners with mental illness.—(1) An order under section 30 of the Prisoners Act, 1900** (3 of 1900) or under section 144 of the Air Force Act, 1950 (45 of 1950), or under section 145 of the Army Act, 1950 (46 of 1950), or under section 143 or section 144 of the Navy Act, 1957 (62 of 1957), or under section 330 or section 335 of the Code of Criminal Procedure, 1973 (2 of 1974), directing the admission of a prisoner with mental illness into any suitable mental health establishment, shall be sufficient authority for the admission of such person in such establishment to which such person may be lawfully transferred for care and treatment therein: Provided that transfer of a prisoner with mental illness to the psychiatric ward in the medical wing of the prison shall be sufficient to meet the requirements under this section: Provided further that where there is no provision for a psychiatric ward in the medical wing, the prisoner may be transferred to a mental health establishment with prior permission of the Board. (2) The method, modalities and procedure by which the transfer of a prisoner under this section is to be effected shall be such as may be prescribed. (3) The medical officer of a prison or jail shall send a quarterly report to the concerned Board certifying therein that there are no prisoners with mental illness in the prison or jail. (4) The Board may visit the prison or jail and ask the medical officer as to why the prisoner with mental illness, if any, has been kept in the prison or jail and not transferred for treatment to a mental health establishment. (5) The medical officer in-charge of a mental health establishment wherein any person referred to in sub-section (1) is detained, shall once in every six months, make a special report regarding the mental and physical condition of such person to the authority under whose order such person is detained. (6) The appropriate Government shall setup mental health establishment in the medical wing of at least one prison in each State and Union territory and prisoners with mental illness may ordinarily be referred to and cared for in the said mental health establishment. 43 ----- (7) The mental health establishment setup under sub-section (5) shall be registered under this Act with the Central or State Mental Health Authority, as the case may be, and shall conform to such standards and procedures as may be prescribed. **104. Persons in custodial institutions.—(1) If it appears to the person in-charge of a State run** custodial institution (including beggars homes, orphanages, women's protection homes and children homes) that any resident of the institution has, or is likely to have, a mental illness, then, he shall take such resident of the institution to the nearest mental health establishment run or funded by the appropriate Government for assessment and treatment, as necessary. (2) The medical officer in-charge of a mental health establishment shall be responsible for assessment of the person with mental illness, and the treatment required by such persons shall be decided in accordance with the provisions of this Act. **105. Question of mental illness in judicial process.—If during any judicial process before any** competent court, proof of mental illness is produced and is challenged by the other party, the court shall refer the same for further scrutiny to the concerned Board and the Board shall, after examination of the person alleged to have a mental illness either by itself or through a committee of experts, submit its opinion to the court. CHAPTER XIV RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONAL NOT COVERED BY PROFESSION **106. Restriction to discharge functions by professionals not covered by profession.—No mental** health professional or medical practitioner shall discharge any duty or perform any function not authorised by this Act or specify or recommend any medicine or treatment not authorised by the field of his profession. CHAPTER XV OFFENCES AND PENALTIES **107. Penalties for establishing or maintaining mental health establishment in contravention of** **provisions of this Act.—(1) Whoever carries on a mental health establishment without registration shall** be liable to a penalty which shall not be less than five thousand rupees but which may extend to fifty thousand rupees for first contravention or a penalty which shall not be less than fifty thousand rupees but which may extend to two lakh rupees for a second contravention or a penalty which shall not be less than two lakh rupees but which may extend to five lakh rupees for every subsequent contravention. (2) Whoever knowingly serves in the capacity as a mental health professional in a mental health establishment which is not registered under this Act, shall be liable to a penalty which may extend to twenty-five thousand rupees. (3) Save as otherwise provided in this Act, the penalty under this section shall be adjudicated by the State Authority. (4) Whoever fails to pay the amount of penalty, the State Authority may forward the order to the Collector of the district in which such person owns any property or resides or carries on his business or profession or where the mental health establishment is situated, and the Collector shall recover from such persons or mental health establishment the amount specified thereunder, as if it were an arrear of land revenue. (5) All sums realised by way of penalties under this Chapter shall be credited to the Consolidated Fund of India. **108. Punishment for contravention of provisions of the Act or rules or regulations made** **thereunder.—Any person who contravenes any of the provisions of this Act, or of any rule or** regulation made thereunder shall for first contravention be punishable with imprisonment for a term which may extend to six months, or with a fine which may extend to ten thousand rupees or with both, and for any subsequent contravention with imprisonment for a term which may extend to two years or 44 ----- with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees or with both. **109. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who at the time the offence was committed was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. CHAPTER XVI MISCELLANEOUS **110. Power to call for information.—(1) The Central Government may, by a general or special** order, call upon the Authority or the Board to furnish, periodically or as and when required any information concerning the activities carried on by the Authority or the Board, as the case may be, in such form as may be prescribed, to enable that Government, to carry out the purposes of this Act. (2) The State Government may, by a general or special order, call upon the State Authority or the Board to furnish, periodically or as and when required any information concerning the activities carried on by the State Authority or the Board in such form as may be prescribed, to enable that Government, to carry out the purposes of this Act. **111. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing** provisions of this Act, the Authority shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time: Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Central Government whether a question is one of policy or not shall be final. **112. Power of Central Government to supersede Central Authority.—(1) If at any time the** Central Government is of the opinion— (a) that on account of circumstances beyond the control of the Central Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or (b) that the Central Authority has persistently defaulted in complying with any direction given by the Central Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act; or (c) that circumstances exist which render it necessary in the public interest so to do, 45 ----- the Central Government may, by notification and for reasons to be specified therein, supersede the Central Authority for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Central Authority to make representations against the proposed supersession and shall consider representations, if any, of the Central Authority. (2) Upon the publication of a notification under sub-section (1), superseding the Central Authority, — (a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Central Authority shall, until the Central Authority is reconstituted under sub-section (3), be exercised and discharged by the Central Government or such authority as the Central Government may specify in this behalf; (c) all properties owned or controlled by the Central Authority shall, until the Central Authority is reconstituted under sub-section (3), vest in the Central Government. (3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government shall reconstitute the Central Authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest. **113. Power of State Government to supersede State Authority.—(1) If at any time the State** Government is of the opinion— (a) that on account of circumstances beyond the control of the State Authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or (b) that the State Authority has persistently defaulted in complying with any direction given by the State Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act; or (c) that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification and for reasons to be specified therein, supersede the State Authority for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing any such notification, the State Government shall give a reasonable opportunity to the State Authority to make representations against the proposed supersession and shall consider representations, if any, of the State Authority. (2) Upon the publication of a notification under sub-section (1) superseding the State Authority, — (a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the State Authority shall, until the State Authority is reconstituted under sub-section (3), be exercised and discharged by the State Government or such authority as the State Government may specify in this behalf; (c) all properties owned or controlled by the State Authority shall, until the State Authority is reconstituted under sub-section (3), vest in the State Government. 46 ----- (3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government shall reconstitute the State Authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment. (4) The State Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before the State Legislature at the earliest. **114. Special provisions for States in north-east and hill States.—(1) Notwithstanding anything** contained in this Act, the provisions of this Act shall, taking into consideration the communication, travel and transportation difficulties, apply to the States of Assam, Meghalaya, Tripura, Mizoram, Manipur, Nagaland, Arunachal Pradesh and Sikkim, with following modifications, namely:— (a) under sub-section (3) of section 73, the chairperson of the Central Authority may constitute one or more Boards for all the States; (b) in sub-section (2) of section 80, reference to the period of “seven days”, and in sub-section (3) of that section, reference to the period of “twenty-one days” shall be construed as “ten days” and “thirty days”, respectively; (c) in sub-section (9) of section 87, reference to the period of “seventy-two hours” shall be construed as “one hundred twenty hours”, and in sub-sections (3) and (12) of that section, reference to a period of “seven days” shall be construed as “ten days”; (d) in sub-section (3) of section 88, reference to the period of “twenty-four hours” shall be construed as” seventy-two hours”; (e) in clauses (a) and (b) of sub-section (9) of section 89, reference to the period of “three days” and “seven days” shall be construed as “seven days” and “ten days” respectively; (f) in sub-section (3) of section 90, reference to the period of “seven days” and in sub-section (4) of that section, reference to the period of “twenty-one days” shall be construed as “ten days” and “thirty days” respectively; (g) in sub-section (4) of section 94, reference to the period of “seventy-two hours” shall be construed as “one hundred twenty hours”. (2) The provisions of clauses (b) to (g) of sub-section (1) shall also apply to the States of Uttarakhand, Himachal Pradesh and Jammu and Kashmir* and the Union territories of Lakshadweep and Andaman and Nicobar Islands. (3) The provisions of this section shall cease to have effect on the expiry of a period of ten years from the commencement of this Act, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if this Act had then been repealed by a Central Act. **115. Presumption of severe stress in case of attempt to commit suicide.—(1) Notwithstanding** anything contained in section 309 of the Indian Penal Code (45 of 1860) any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code. (2) The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide. **116. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding** in respect of any matter which the Authority or the Board is empowered by or under this Act to *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 47 ----- determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. **117. Transitory provisions.—The Central Government may, if it considers so necessary in the** interest of persons with mental illness being governed by the Mental Health Act, 1987 (14 of 1987), take appropriate interim measures by making necessary transitory schemes. **118. Chairperson, members and staff of Authority and Board to be public servants.—The** chairperson, and other members and the officers and other employees of the Authority and Board shall [be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).](javascript:fnOpenLinkPopUp('782','15803');) **119. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the appropriate Government or against the chairperson or any other member of the Authority or the Board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or regulation made thereunder in the discharge of official duties **120. Act to have overriding effect.—The provisions of this Act shall have overriding effect** notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. **121. Power of Central Government and State Governments to make rules.—(1) The Central** Government may, by notification, make rules for carrying out the provisions of this Act. (2) Subject to the provisions of sub-section (1), the State Government may, with the previous approval of the Central Government, by notification, make rules for carrying out the provisions of this Act: Provided that the first rules shall be made by the Central Government, by notification. (3) In particular, and without prejudice to the generality of the foregoing power, rules made under sub-section (1) may provide for all or any of the following matters, namely:— (a) qualifications relating to clinical psychologist under sub-clause (ii) of clause (f) of sub-section (1) of section 2; (b) qualifications relating to psychiatric social worker under clause (w) of sub-section (1) of section 2; (c) the manner of nomination of members of the Central Authority under sub-section (2) of section 34; (d) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the Central Authority under sub-section (3) of section 35; (e) the procedure for registration (including the fees to be levied for such registration) of the mental health establishments under sub-section (2) of section 43; (f) the manner of nomination of members of the State Authority under sub-section (2) of section 46; (g) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the State Authority under sub-section (3) of section 47; (h) the procedure for registration (including the fees to be levied for such registration) of the mental health establishments under sub-section (2) of section 55; (i) the form of accounts and other relevant records and annual statement of accounts under sub-section (1) of section 59; (j) the form in, and the time within which, an annual report shall be prepared under section 60; 48 ----- (k) the form of accounts and other relevant records and annual statement of accounts under sub-section (1) of section 63; (l) the form in, and the time within which, an annual report shall be prepared under section 64; (m) manner of constitution of the Board by the State Authority for a district or groups of districts in a State; (n) other disqualifications of chairperson or members of the Board under clause (e) of sub-section (2) of section 82; (o) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules. (4) In particular, and without prejudice to the generality of the foregoing power, rules made under sub-section (2) may provide for all or any of the following matters, namely:— (a) the manner of proof of mental healthcare and treatment under sub-section (1) of section 4; (b) provision of half-way homes, sheltered accommodation and supported accommodation under clause (b) of sub-section (4) of section 18; (c) hospitals and community based rehabilitation establishment and services under clause (d) of sub-section (4) of section 18; (d) basic medical records of which access is to be given to a person with mental illness under sub-section (1) of section 25; (e) custodial institutions under sub-section (2) of section 27; (f) the form of application to be submitted by the mental health establishment with the undertaking that the mental health establishment fulfils the minimum standards, if any, specified by the Authority, under the Explanation to sub-section (2) of section 65; (g) the form of certificate of registration under sub-section (3) of section 65; (h) the form of application, the details, the fees to be accompanied with it under sub-section (1) of section 66; (i) the form of certificate of provisional registration containing particulars and information under sub-section (4) of section 66; (j) the fees for renewal of registration under sub-section (11) of section 66; (k) the person or persons (including representatives of the local community) for the purpose of conducting an audit of the registered mental health establishments under sub-section (1) and fees to be charged by the Authority for conducting such audit under sub-section (2) of section 67; (l) the person or persons for the purpose of conducting and inspection or inquiry of the mental health establishments under sub-section (1) of section 68; (m) the manner to enter and search of a mental health establishment operating without registration under sub-section (6) of section 68; (n) the fees for issuing a duplicate certificate under sub-section (2) of section 70; (o) the form and manner in which the Authority shall maintain in digital format a register of mental health establishments, the particulars of the certificate of registration so granted in a separate register to be maintained under section 71; (p) constitution of the Boards under sub-section (3) of section 73; (q) the honorarium and other allowances payable to, and the other terms and conditions of service of, the chairperson and members of the Board under sub-section (3) of section 75; 49 ----- (r) method, modalities and procedure for transfer of prisoners under sub-section (2) of section 103; (s) the standard and procedure to which the Central or State Health Authority shall confirm under sub-section (6) of section 103; (t) the form for furnishing periodical information under section 110; and (u) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules. **122. Power of Central Authority to make regulations.—(1) The Central Authority may, by** notification, make regulations, consistent with the provisions of this Act and the rules made thereunder, to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) manner of making an advance directive under section 6; (b) additional regulations, regarding the procedure of advance directive to protect the rights of persons with mental illness under sub-section (3) of section 12; (c) the salaries and allowances payable to, and the other terms and conditions of service (including the qualifications, experience and manner of appointment) of, the chief executive officer and other officers and employees of the Central Authority under sub-section (3) of section 40; (d) the times and places of meetings of the Central Authority and rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) under sub-section (1) of section 44; (e) the minimum standards of facilities and services under clause (a) of sub-section (4) of section 65; (f) the minimum qualifications for the personnel engaged in mental health establishment under clause (b) of sub-section (4) of section 65; (g) provisions for maintenance of records and reporting under clause (c) of sub-section (4) of section 65; (h) any other conditions under clause (d) of sub-section (4) of section 65; (i) categories of different mental health establishment under clause (a) of sub-section (5) of section 65; (j) the form of application to be made by the mental health establishment and the fees to be accompanied with it under sub-section (12) of section 66; (k) manner of submitting evidence under sub-section (13) of section 66; (l) the manner of filing objections under sub-section (14) of section 66; (m) the time and places and rules of procedure in regard to the transaction of business at its meetings to be observed by the Central Authority and the Board under section 87; (n) regulations under sub-section (2) of section 96 and under sub-section (8) of section 97; (o) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations. **123. Power of State Authority to make regulations.—(1) The State Authority may, by notification,** make regulations, consistent with the provision of this Act and the rules made thereunder, to carry out the provisions of this Act. 50 ----- (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the minimum quality standards of mental health services under sub-section (9) of section 18; (b) the salaries and allowances payable to, and the other terms and conditions of service (including the qualifications, experience and manner of appointment) of the chief executive officer and other officers and employees of the State Authority under sub-section (3) of section 52; (c) the manner in which the State Authority shall publish the list of registered mental health professionals under clause (d) of sub-section (1) of section 55; (d) the times and places of meetings of the State Authority and rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) under sub-section (1) of section 56; (e) the form of application to be made by the mental health establishment and the fees to be accompanied with it under sub-section (12) of section 66; (f) the manner of filing objections under sub-section (14) of section 66; (g) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations. **124. Laying of rules and regulations.—(1) Every rule made by the Central Government and every** regulation made by the Central Authority under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation, as the case may be. (2) Every rule made by the State Government and every regulation made by the State Authority under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. **125. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **126. Repeal and saving.—(1) The Mental Health Act, 1987 (14 of 1987) is hereby repealed.** (2) Notwithstanding such repeal, — (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or declaration made or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; 51 ----- (b) the Central Authority for Mental Health Services, and the State Authority for Mental Health Services established under the repealed Act shall, continue to function under the corresponding provisions of this Act, unless and until the Central Authority and the State Authority are constituted under this Act; (c) any person appointed in the Central Authority for Mental Health Services, or the State Authority for Mental Health Services or any person appointed as the visitor under the repealed Act and holding office as such immediately before the commencement of this Act, shall, on such commencement continue to hold their respective offices under the corresponding provisions of this Act, unless they are removed or until superannuated; (d) any person appointed under the provisions of the repealed Act and holding office as such immediately before the commencement of this Act, shall, on such commencement continue to hold his office under the corresponding provisions of this Act, unless they are removed or until superannuated; (e) any licence granted under the provisions of the repealed Act, shall be deemed to have been granted under the corresponding provisions of this Act unless the same are cancelled or modified under this Act; (f) any proceeding pending in any court under the repealed Act on the commencement of this Act may be continued in that court as if this Act had not been enacted; (g) any appeal preferred from the order of a Magistrate under the repealed Act but not disposed of before the commencement of this Act may be disposed of by the court as if this Act had not been enacted. (3) The mention of the particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal. 52 -----

12-Apr-2017

14

The Union Territory Goods and Services Tax Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2252/1/A2017_14.pdf

central

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

12-Apr-2017

15

The Goods and Services Tax (Compensation to States) Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2253/1/a2017-15.pdf

central

# THE GOODS AND SERVICES TAX (COMPENSATION TO STATES) ACT, 2017 Last updated 1-4-2023 ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Projected growth rate. 4. Base year. 5. Base year revenue. 6. Projected revenue for any year. 7. Calculation and release of compensation. 8. Levy and collection of cess. 9. Returns, payments and refunds. 10. Crediting proceeds of cess to Fund. 11. Other provisions relating to cess. 12. Power to make rules. 13. Laying of rules before Parliament. 14. Power to remove difficulties. THE SCHEDULE. 1 ----- # THE GOODS AND SERVICES TAX (COMPENSATION TO STATES) ACT, 2017 ACT NO. 15 OF 2017 [12th April, 2017.] # An Act to provide for compensation to the States for the loss of revenue arising on account of implementation of the goods and services tax in pursuance of the provisions of the Constitution (One Hundred and First Amendment) Act, 2016. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Goods and Services Tax** (Compensation to States) Act, 2017. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions. — (1) In this Act, unless the context otherwise requires,—** (a) “central tax” means the central goods and services tax levied and collected under the Central Goods and Services Tax Act; (b) “Central Goods and Services Tax Act” means the Central Goods and Services Tax Act, 2017 (12 of 2017); (c) “cess” means the goods and services tax compensation cess levied under section 8; (d) “compensation” means an amount, in the form of goods and services tax compensation, as determined under section 7; (e) “Council” means the Goods and Services Tax Council constituted under the provisions of article 279A of the Constitution; (f) “Fund” means the Goods and Services Tax Compensation Fund referred to in section 10; (g) “input tax” in relation to a taxable person, means,–– (i) cess charged on any supply of goods or services or both made to him; (ii) cess charged on import of goods and includes the cess payable on reverse charge basis; (h) “Integrated Goods and Services Tax Act” means the Integrated Goods and Services Tax Act, 2017 (13 of 2017); (i) “integrated tax” means the integrated goods and services tax levied and collected under the Integrated Goods and Services Tax Act; (j) “prescribed” means prescribed by rules made, on the recommendations of the Council, under this Act; (k) “projected growth rate” means the rate of growth projected for the transition period as per section 3; (l) “Schedule” means the Schedule appended to this Act; (m) “State” means,–– (i) for the purposes of sections 3, 4, 5, 6 and 7 the States as defined under the Central Goods and Services Tax Act; and (ii) for the purposes of sections 8, 9, 10, 11, 12, 13 and 14 the States as defined under the Central Goods and Services Tax Act and the Union territories as defined under the Union Territories Goods and Services Tax Act; (n) “State tax” means the State goods and services tax levied and collected under the respective State Goods and Services Tax Act; (o) “State Goods and Services Tax Act” means the law to be made by the State Legislature for levy and collection of tax by the concerned State on supply of goods or services or both; 1. 1st July, 2017 _vide notification No. G.S.R. 700 (E) dated the 28 June, 2017,_ _see Gazette of India, Extraordinary, Part II,_ sec. 3(i). 2 ----- (p) “taxable supply” means a supply of goods or services or both which is chargeable to the cess under this Act; (q) “transition date” shall mean, in respect of any State, the date on which the State Goods and Services Tax Act of the concerned State comes into force; (r) “transition period” means a period of five years from the transition date; and (s) “Union Territories Goods and Services Tax Act” means the Union Territories Goods and Services Tax Act, 2017 (14 of 2017). (2) The words and expressions used and not defined in this Act but defined in the Central Goods and Services Tax Act and the Integrated Goods and Services Tax Act shall have the meanings respectively assigned to them in those Acts. **3.** **Projected growth rate.––The projected nominal growth rate of revenue subsumed for a State** during the transition period shall be fourteen per cent. per annum. **4. Base year.––For the purpose of calculating the compensation amount payable in any financial year** during the transition period, the financial year ending 31st March, 2016, shall be taken as the base year. **5. Base year revenue.––(1) Subject to the provision of sub-sections (2), (3), (4), (5) and (6), the base** year revenue for a State shall be the sum of the revenue collected by the State and the local bodies during the base year, on account of the taxes levied by the respective State or Union and net of refunds, with respect to the following taxes, imposed by the respective State or Union, which are subsumed into goods and services tax, namely:–– (a) the value added tax, sales tax, purchase tax, tax collected on works contract, or any other tax levied by the concerned State under the erstwhile entry 54 of List-II (State List) of the Seventh Schedule to the Constitution; (b) the central sales tax levied under the Central Sales Tax Act, 1956 (74 of 1956); (c) the entry tax, octroi, local body tax or any other tax levied by the concerned State under the erstwhile entry 52 of List-II (State List) of the Seventh Schedule to the Constitution; (d) the taxes on luxuries, including taxes on entertainments, amusements, betting and gambling or any other tax levied by the concerned State under the erstwhile entry 62 of List-II (State List) of the Seventh Schedule to the Constitution; (e) the taxes on advertisement or any other tax levied by the concerned State under the erstwhile entry 55 of List-II (State List) of the Seventh Schedule to the Constitution; (f) the duties of excise on medicinal and toilet preparations levied by the Union but collected and retained by the concerned State Government under the erstwhile article 268 of the Constitution; (g) any cess or surcharge or fee leviable under entry 66 read with entries 52, 54, 55 and 62 of List-II of the Seventh Schedule to the Constitution by the State Government under any Act notified under sub-section (4), prior to the commencement of the provisions of the Constitution (One Hundred and First Amendment) Act, 2016: Provided that the revenue collected during the base year in a State, net of refunds, under the following taxes shall not be included in the calculation of the base year revenue for that State, namely:— (a) any taxes levied under any Act enacted under the erstwhile entry 54 of List-II (State List) of the Seventh Schedule to the Constitution, prior to the coming into force of the provisions of the Constitution (One Hundred and First Amendment) Act, 2016, on the sale or purchase of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption; (b) tax levied under the Central Sales Tax Act, 1956 (74 of 1956), on the sale or purchase of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption; (c) any cess imposed by the State Government on the sale or purchase of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption; and 3 ----- (d) the entertainment tax levied by the State but collected by local bodies, under any Act enacted under the erstwhile entry 62 of List-II (State List) of the Seventh Schedule to the Constitution, prior to coming into force of the provisions of the Constitution (One Hundred and First Amendment) Act, 2016. (2) In respect of the State of Jammu and Kashmir*, the base year revenue shall include the amount of tax collected on sale of services by the said State Government during the base year. (3) In respect of the States mentioned in sub-clause (g) of clause (4) of article 279A of the Constitution, the amount of revenue foregone on account of exemptions or remission given by the said State Governments to promote industrial investment in the State, with respect to such specific taxes referred to in sub-section (1), shall be included in the total base year revenue of the State, subject to such conditions as may be prescribed. (4) The Acts of the Central Government and State Governments under which the specific taxes are being subsumed into the goods and services tax shall be such as may be notified. (5) The base year revenue shall be calculated as per sub-sections (1), (2), (3) and (4) on the basis of the figures of revenue collected and net of refunds given in that year, as audited by the Comptroller and Auditor-General of India. (6) In respect of any State, if any part of revenues mentioned in sub-sections (1), (2), (3) and (4) are not credited in the Consolidated Fund of the respective State, the same shall be included in the total base year revenue of the State, subject to such conditions as may be prescribed. **6. Projected revenue for any year.—The projected revenue for any year in a State shall be** calculated by applying the projected growth rate over the base year revenue of that State. _Illustration.—If the base year revenue for 2015-16 for a concerned State, calculated as per section 5_ is one hundred rupees, then the projected revenue for financial year 2018-19 shall be as follows— _Projected Revenue for 2018-19=100 (1+14/100)[3]_ **7. Calculation and release of compensation.––(1) The compensation under this Act shall be payable** to any State during the transition period. (2) The compensation payable to a State shall be provisionally calculated and released at the end of every two months period, and shall be finally calculated for every financial year after the receipt of final revenue figures, as audited by the Comptroller and Auditor-General of India: Provided that in case any excess amount has been released as compensation to a State in any financial year during the transition period, as per the audited figures of revenue collected, the excess amount so released shall be adjusted against the compensation amount payable to such State in the subsequent financial year. (3) The total compensation payable for any financial year during the transition period to any State shall be calculated in the following manner, namely:–– (a) the projected revenue for any financial year during the transition period, which could have accrued to a State in the absence of the goods and services tax, shall be calculated as per section 6; (b) the actual revenue collected by a State in any financial year during the transition period shall be— (i) the actual revenue from State tax collected by the State, net of refunds given by the said State under Chapters XI and XX of the State Goods and Services Tax Act; (ii) the integrated goods and services tax apportioned to that State; and (iii) any collection of taxes on account of the taxes levied by the respective State under the Acts specified in sub-section (4) of section 5, net of refund of such taxes, as certified by the Comptroller and Auditor-General of India; (c) the total compensation payable in any financial year shall be the difference between the projected revenue for any financial year and the actual revenue collected by a State referred to in clause (b). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.. 4 ----- (4) The loss of revenue at the end of every two months period in any year for a State during the transition period shall be calculated, at the end of the said period, in the following manner, namely:–– (a) the projected revenue that could have been earned by the State in absence of the goods and services tax till the end of the relevant two months period of the respective financial year shall be calculated on a _pro-rata_ basis as a percentage of the total projected revenue for any financial year during the transition period, calculated in accordance with section 6. _Illustration.—If the projected revenue for any year calculated in accordance with section 6 is one_ hundred rupees, for calculating the projected revenue that could be earned till the end of the period of ten months for the purpose of this sub-section shall be 100x(5/6) = Rs. 83.33; (b) the actual revenue collected by a State till the end of relevant two months period in any financial year during the transition period shall be— (i) the actual revenue from State tax collected by the State, net of refunds given by the State under Chapters XI and XX of the State Goods and Services Tax Act; (ii) the integrated goods and services tax apportioned to that State, as certified by the Principal Chief Controller of Accounts of the [1][Central Board of Indirect Taxes and Customs]; and (iii) any collection of taxes levied by the said State, under the Acts specified in sub-section (4) of section 5, net of refund of such taxes; (c) the provisional compensation payable to any State at the end of the relevant two months period in any financial year shall be the difference between the projected revenue till the end of the relevant period in accordance with clause (a) and the actual revenue collected by a State in the said period as referred to in clause (b), reduced by the provisional compensation paid to a State till the end of the previous two months period in the said financial year during the transition period. (5) In case of any difference between the final compensation amount payable to a State calculated in accordance with the provisions of sub-section (3) upon receipt of the audited revenue figures from the Comptroller and Auditor-General of India, and the total provisional compensation amount released to a State in the said financial year in accordance with the provisions of sub-section (4), the same shall be adjusted against release of compensation to the State in the subsequent financial year. (6) Where no compensation is due to be released in any financial year, and in case any excess amount has been released to a State in the previous year, this amount shall be refunded by the State to the Central Government and such amount shall be credited to the Fund in such manner as may be prescribed. **8. Levy and collection of cess.—(1) There shall be levied a cess on such intra-State supplies of goods** or services or both, as provided for in section 9 of the Central Goods and Services Tax Act, and such interState supplies of goods or services or both as provided for in section 5 of the Integrated Goods and Services Tax Act, and collected in such manner as may be prescribed, on the recommendations of the Council, for the purposes of providing compensation to the States for loss of revenue arising on account of implementation of the goods and services tax with effect from the date from which the provisions of the Central Goods and Services Tax Act is brought into force, for a period of five years or for such period as may be prescribed on the recommendations of the Council: Provided that no such cess shall be leviable on supplies made by a taxable person who has decided to opt for composition levy under section 10 of the Central Goods and Services Tax Act. (2) The cess shall be levied on such supplies of goods and services as are specified in column (2) of the Schedule, on the basis of value, quantity or on such basis at such rate not exceeding the rate set forth in the corresponding entry in column (4) of the Schedule, as the Central Government may, on the recommendations of the Council, by notification in the Official Gazette, specify: Provided that where the cess is chargeable on any supply of goods or services or both with reference to their value, for each such supply the value shall be determined under section 15 of the Central Goods and Services Tax Act for all intra-State and inter-State supplies of goods or services or both: Provided further that the cess on goods imported into India shall be levied and collected in accordance with the provisions of section 3 of the Customs Tariff Act, 1975 (51 of 1975), at the point 1. Subs. by Act 34 of 2018, s. 2, for “Central Board of Excise and Customs” (w.e.f. 1-2-2019). 5 ----- when duties of customs are levied on the said goods under section 12 of the Customs Act, 1962 (52 of 1962), on a value determined under the Customs Tariff Act, 1975. **9. Returns, payments and refunds.—(1) Every taxable person, making a taxable supply of goods or** services or both, shall— (a) pay the amount of cess as payable under this Act in such manner; (b) furnish such returns in such forms, along with the returns to be filed under the Central Goods and Services Tax Act; and (c) apply for refunds of such cess paid in such form, as may be prescribed. (2) For all purposes of furnishing of returns and claiming refunds, except for the form to be filed, the provisions of the Central Goods and Services Tax Act and the rules made thereunder, shall, as far as may be, apply in relation to the levy and collection of the cess leviable under section 8 on all taxable supplies of goods or services or both, as they apply in relation to the levy and collection of central tax on such supplies under the said Act or the rules made thereunder. **10. Crediting proceeds of cess to Fund.—(1) The proceeds of the cess leviable under section 8 and** such other amounts as may be recommended by the Council, shall be credited to a non-lapsable Fund known as the Goods and Services Tax Compensation Fund, which shall form part of the public account of India and shall be utilised for purposes specified in the said section. (2) All amounts payable to the States under section 7 shall be paid out of the Fund. (3) Fifty per cent. of the amount remaining unutilised in the Fund at the end of the transition period shall be transferred to the Consolidated Fund of India as the share of Centre, and the balance fifty per cent. shall be distributed amongst the States in the ratio of their total revenues from the State tax or the Union territory goods and services tax, as the case may be, in the last year of the transition period. 1[(3A) Notwithstanding anything contained in sub-section (3), fifty per cent. of such amount, as may be recommended by the Council, which remains unutilised in the Fund, at any point of time in any financial year during the transition period shall be transferred to the Consolidated Fund of India as the share of Centre, and the balance fifty per cent. shall be distributed amongst the States in the ratio of their base year revenue determined in accordance with the provisions of section 5: Provided that in case of shortfall in the amount collected in the Fund against the requirement of compensation to be released under section 7 for any two months' period, fifty per cent. of the same, but not exceeding the total amount transferred to the Centre and the States as recommended by the Council, shall be recovered from the Centre and the balance fifty per cent. from the States in the ratio of their base year revenue determined in accordance with the provisions of section 5.] (4) The accounts relating to Fund shall be audited by the Comptroller and Auditor-General of India or any person appointed by him at such intervals as may be specified by him and any expenditure in connection with such audit shall be payable by the Central Government to the Comptroller and Auditor-General of India. (5) The accounts of the Fund, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be laid before each House of Parliament. **11. Other provisions relating to cess.—(1) The provisions of the Central Goods and Services Tax Act,** and the rules made thereunder, including those relating to assessment, input tax credit, non-levy, short-levy, interest, appeals, offences and penalties, shall, as far as may be, mutatis mutandis, apply, in relation to the levy and collection of the cess leviable under section 8 on the intra-State supply of goods and services, as they apply in relation to the levy and collection of central tax on such intra-State supplies under the said Act or the rules made thereunder. (2) The provisions of the Integrated Goods and Services Tax Act, and the rules made thereunder, including those relating to assessment, input tax credit, non-levy, short-levy, interest, appeals, offences and penalties, shall, _mutatis mutandis, apply in relation to the levy and collection of the cess leviable under_ 1. Ins. by Act 34 of 2018, s. 3 (w.e.f. 1-2-2019). 6 ----- section 8 on the inter-State supply of goods and services, as they apply in relation to the levy and collection of integrated tax on such inter-State supplies under the said Act or the rules made thereunder: Provided that the input tax credit in respect of cess on supply of goods and services leviable under section 8, shall be utilised only towards payment of said cess on supply of goods and services leviable under the said section. **12. Power to make rules.—(1) The Central Government shall, on the recommendations of the** Council, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the conditions which were included in the total base year revenue of the States, referred to in sub-clause (g) of clause (4) of article 279A of the Constitution, under sub-section (3) of section 5; (b) the conditions subject to which any part of revenues not credited in the Consolidated Fund of the respective State shall be included in the total base year revenue of the State, under sub-section (6) of section 5; (c) the manner of refund of compensation by the States to the Central Government under sub-section (6) of section 7; (d) the manner of levy and collection of cess and the period of its imposition under sub-section (1) of section 8; (e) the manner and forms for payment of cess, furnishing of returns and refund of cess under sub-section (1) of section 9; and (f) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. **13. Laying of rules before Parliament.—Every rule made under this Act by the Central Government** shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **14. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, on the recommendations of the Council, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of [1][five years] from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. ________ 1. Subs. by Act 12 of 2020, s. 140, for “three years” (w.e.f. 27-3-2020). 7 ----- THE SCHEDULE [See section 8 (2)] 1. In this Schedule, reference to a “tariff item”, “heading”, “sub-heading” and “Chapter”, wherever they occur, shall mean respectively a tariff item, heading, sub-heading and Chapter in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975). 2. The rules for the interpretation of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), the section and Chapter Notes and the General Explanatory Notes of the First Schedule shall, so far as may be, apply to the interpretation of this Schedule. S. No. Description of supply of goods or Tariff item, heading, The maximum rate at services sub-heading, Chapter, or which goods and services supply of goods or tax compensation cess services, as the case may may be collected be (1) (2) (3) (4) 1. Pan Masala. 2106 90 20 1 [fifty-one per cent. of retail sale price per unit] 2. Tobacco and manufactured tobacco 24 2 [Four thousand one substitutes, including tobacco hundred and seventy products. rupees per thousand sticks or two hundred and ninety per cent. _ad valorem or a_ combination thereof, but not exceeding four thousand one hundred and seventy rupees per thousand sticks plus two hundred and ninety per cent. _ad_ _valorem_ or hundred per cent. of retail sale price per unit.] 3. Coal, briquettes, ovoids and similar 2701, 2702 or 2703 Four hundred rupees per solid fuels manufactured from coal, tonne. lignite, whether or not agglomerated, excluding jet, peat (including peat litter), whether or not agglomerated. 4. Aerated waters. 2202 10 10 Fifteen per cent. _ad valorem._ 3[4A. Motor vehicles for the transport of not 8702 10, 8702 20,8702 30 Twenty-five per cent. _ad_ more than thirteen persons, including or 8702 90 _valorem.]_ the driver. 5. Motor cars and other motor vehicles 8703 4[Twenty-five per cent. principally designed for the transport _ad valorem.]_ of persons (other than motor vehicles for the transport of ten or more persons, including the driver), including station wagons and racing cars. 6. Any other supplies. Fifteen per cent. _ad valorem._ 1. Subs. by Act 8 of 2023, s. 163, for “One hundred and thirty-five per cent. ad valorem” (w.e.f. 1-4-2023). 2. Subs. by s. 163, ibid., for certain words (w.e.f. 1-4-2023). 3. Ins. by Act 9 of 2018, s. 2 (w.e.f. 2-9-2017). 4. Subs. by s. 2, ibid., for “fifty per cent. ad valorem” (w.e.f. 2-9-2017). 8 |S. No.|Description of supply of goods or services|Tariff item, heading, sub-heading, Chapter, or supply of goods or services, as the case may be|The maximum rate at which goods and services tax compensation cess may be collected| |---|---|---|---| |(1)|(2)|(3)|(4)| |1.|Pan Masala.|2106 90 20|1 [fifty-one per cent. of retail sale price per unit]| |2.|Tobacco and manufactured tobacco substitutes, including tobacco products.|24|2 [Four thousand one hundred and seventy rupees per thousand sticks or two hundred and ninety per cent. ad valorem or a combination thereof, but not exceeding four thousand one hundred and seventy rupees per thousand sticks plus two hundred and ninety per cent. ad valorem or hundred per cent. of retail sale price per unit.]| |3.|Coal, briquettes, ovoids and similar solid fuels manufactured from coal, lignite, whether or not agglomerated, excluding jet, peat (including peat litter), whether or not agglomerated.|2701, 2702 or 2703|Four hundred rupees per tonne.| |4.|Aerated waters.|2202 10 10|Fifteen per cent. ad valorem.| |3[4A.|Motor vehicles for the transport of not more than thirteen persons, including the driver.|8702 10, 8702 20,8702 30 or 8702 90|Twenty-five per cent. ad valorem.]| |5.|Motor cars and other motor vehicles principally designed for the transport of persons (other than motor vehicles for the transport of ten or more persons, including the driver), including station wagons and racing cars.|8703|4[Twenty-five per cent. ad valorem.]| |6.|Any other supplies.||Fifteen per cent. ad valorem.| ----- 1[Explanation.—For the purposes of this Schedule,— (i) “retail sale price” means the maximum price at which the concerned goods in packaged form may be sold to the ultimate consumer and includes all taxes, local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertisement, delivery, packing, forwarding and the like and the price is the sole consideration for such sale: Provided that where the provisions of the Legal Metrology Act, 2009 (1 of 2010) or the rules made thereunder or any other law for the time being in force require to declare on the package, the retail sale price excluding any taxes, local or otherwise, the retail sale price shall be construed accordingly; (ii) where on the package of any concerned goods more than one retail sale price is declared, the maximum of such retail sale price shall be deemed to be the retail sale price; (iii) where the retail sale price, declared on the package of any concerned goods at the time of its clearance from the place of manufacture, is altered to increase the retail sale price, such altered retail sale price shall be deemed to be the retail sale price; (iv) where different retail sale prices are declared on different packages for the sale of any concerned goods in packaged form in different areas, each such retail sale price shall be the retail sale prices for the purposes of determination of the rate of cess for the said goods intended to be sold in the area to which the retail sale price relates.] ________ 1. Ins. by Act 8 of 2023, s. 163 (w.e.f. 1-4-2023). 9 -----

12-Apr-2017

13

The Integrated Goods and Services Tax Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2251/4/a2017-13.pdf

central

# THE INTEGRATED GOODS AND SERVICES TAX ACT, 2017 ____________ # ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ADMINISTRATION 3. Appointment of officers. 4. Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances. CHAPTER III LEVY AND COLLECTION OF TAX 5. Levy and collection. 6. Power to grant exemption from tax. CHAPTER IV DETERMINATION OF NATURE OF SUPPLY 7. Inter-State supply. 8. Intra-State supply. 9. Supplies in territorial waters. CHAPTER V PLACE OF SUPPLY OF GOODS OR SERVICES OR BOTH 10. Place of supply of goods other than supply of goods imported into, or exported from India. 11. Place of supply of goods imported into, or exported from India. 12. Place of supply of services where location of supplier and recipient is in India. 13. Place of supply of services where location of supplier or location of recipient is outside India. 14. Special provision for payment of tax by a supplier of online information and database access or retrieval services. 14A. Special provision for specified actionable claims supplied by a person located outside taxable territory. CHAPTER VI REFUND OF INTEGRATED TAX TO INTERNATIONAL TOURIST 15. Refund of integrated tax paid on supply of goods to tourist leaving India. CHAPTER VII ZERO RATED SUPPLY 16. Zero rated supply. CHAPTER VIII APPORTIONMENT OF TAX AND SETTLEMENT OF FUNDS 17. Apportionment of tax and settlement of funds. ----- SECTIONS 17A. Transfer of certain amounts. 18. Transfer of input tax credit. 19. Tax wrongfully collected and paid to Central Government or State Government. CHAPTER IX MISCELLANEOUS 20. Application of provisions of Central Goods and Services Tax Act. 21. Import of services made on or after the appointed day. 22. Power to make rules. 23. Power to make regulations. 24. Laying of rules, regulations and notifications. 25. Removal of difficulties. ----- # THE INTEGRATED GOODS AND SERVICES TAX ACT, 2017 ACT NO. 13 OF 2017 [12th April, 2017.] # An Act to make a provision for levy and collection of tax on inter-State supply of goods or services or both by the Central Government and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Integrated Goods and** Services Tax Act, 2017. (2) It shall extend to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—In this Act, unless the context otherwise requires,––** (1) “Central Goods and Services Tax Act” means the Central Goods and Services Tax Act, 2017; (2) ‘‘central tax” means the tax levied and collected under the Central Goods and Services Tax Act; (3) “continuous journey” means a journey for which a single or more than one ticket or invoice is issued at the same time, either by a single supplier of service or through an agent acting on behalf of more than one supplier of service, and which involves no stopover between any of the legs of the journey for which one or more separate tickets or invoices are issued. _Explanation.––For the purposes of this clause, the term “stopover” means a place where a_ passenger can disembark either to transfer to another conveyance or break his journey for a certain period in order to resume it at a later point of time; (4) “customs frontiers of India” means the limits of a customs area as defined in section 2 of the Customs Act, 1962 (52 of 1962); (5) “export of goods” with its grammatical variations and cognate expressions, means taking goods out of India to a place outside India; (6) “export of services” means the supply of any service when,–– (i) the supplier of service is located in India; (ii) the recipient of service is located outside India; (iii) the place of supply of service is outside India; (iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; [2][or in Indian rupees wherever permitted by the Reserve Bank of India]; and 1. 22nd June, 2017 for sections 1, 2, 3, 14, 20 and 22 vide notification No. G.S.R. 603 (E) dated the 19th June, 2017, see Gazette of India, Extraordinary, Part II, sec. 3(i). 1st July, 2017 for sections 4 to 13, 16 to 19, 21, 23 to 25 vide notification No. G.S.R. 662(E) dated 28th June 2017, see Gazette of India, Extraordinary, Part II, sec. 3(i). _* Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and_ Kashmir and the Union territory of Ladakh. 2. Ins. by Act 32 of 2018, s. 2 (w.e.f. 1-2-2019). ----- (v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8; (7) “fixed establishment” means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services or to receive and use services for its own needs; (8) “Goods and Services Tax (Compensation to States) Act” means the Goods and Services Tax (Compensation to States) Act, 2017; (9) “Government” means the Central Government; (10) ‘‘import of goods” with its grammatical variations and cognate expressions, means bringing goods into India from a place outside India; (11) ‘‘import of services” means the supply of any service, where–– (i) the supplier of service is located outside India; (ii) the recipient of service is located in India; and (iii) the place of supply of service is in India; (12) “integrated tax” means the integrated goods and services tax levied under this Act; (13) “intermediary” means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods or services or both, or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account; (14) “location of the recipient of services” means,–– (a) where a supply is received at a place of business for which the registration has been obtained, the location of such place of business; (b) where a supply is received at a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; (c) where a supply is received at more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and (d) in absence of such places, the location of the usual place of residence of the recipient; (15) “location of the supplier of services” means,–– (a) where a supply is made from a place of business for which the registration has been obtained, the location of such place of business; (b) where a supply is made from a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; (c) where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provision of the supply; and (d) in absence of such places, the location of the usual place of residence of the supplier; 1[(16) “non-taxable online recipient” means any unregistered person receiving online information and database access or retrieval services located in taxable territory. _Explanation.—For the purposes of this clause, the expression “unregistered person” includes a_ person registered solely in terms of clause (vi) of section 24 of the Central Goods and Services Tax Act, 2017 (12 of 2017);] 1. Subs. by Act 8 of 2023, s. 160, for clause (16) (w.e.f. 1-10-2023). ----- # (17) “online information and database access or retrieval services” means services whose delivery is mediated by information technology over the internet or an electronic network and the nature of which renders their supply [1]*** impossible to ensure in the absence of information technology and includes electronic services such as,–– (i) advertising on the internet; (ii) providing cloud services; (iii) provision of e-books, movie, music, software and other intangibles through telecommunication networks or internet; (iv) providing data or information, retrievable or otherwise, to any person in electronic form through a computer network; (v) online supplies of digital content (movies, television shows, music and the like); (vi) digital data storage; and 2[(vii) online gaming, excluding the online money gaming as defined in clause (80B) of section 2 of the Central Goods and Services Tax Act, 2017 (12 of 2017);]. (18) “output tax”, in relation to a taxable person, means the integrated tax chargeable under this Act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis; (19) “Special Economic Zone” shall have the same meaning as assigned to it in clause (za) of section 2 of the Special Economic Zones Act, 2005 (28 of 2005); (20) “Special Economic Zone developer” shall have the same meaning as assigned to it in clause (g) of section 2 of the Special Economic Zones Act, 2005 (28 of 2005) and includes an Authority as defined in clause (d) and a Co-Developer as defined in clause (f) of section 2 of the said Act; (21) “supply” shall have the same meaning as assigned to it in section 7 of the Central Goods and Services Tax Act; (22) “taxable territory” means the territory to which the provisions of this Act apply; (23) “zero-rated supply” shall have the meaning assigned to it in section 16; (24) words and expressions used and not defined in this Act but defined in the Central Goods and Services Tax Act, the Union Territory Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act shall have the same meaning as assigned to them in those Acts; (25) any reference in this Act to a law which is not in force in the State of Jammu and Kashmir*, shall, in relation to that State be construed as a reference to the corresponding law, if any, in force in that State. CHAPTER II ADMINISTRATION **3. Appointment of officers.––The Board may appoint such central tax officers as it thinks fit for** exercising the powers under this Act. 1. Certain words omitted by Act 8 of 2023, s. 160 (w.e.f. 1-10-2023). 2. Subs. by Act 31 of 2023, s. 2, for sub-clause (vii) (w.e.f. 1-10-2023). ----- **4. Authorisation of officers of State tax or Union territory tax as proper officer in certain** **circumstances.––Without prejudice to the provisions of this Act, the officers appointed under the State** Goods and Services Tax Act or the Union Territory Goods and Services Tax Act are authorised to be the proper officers for the purposes of this Act, subject to such exceptions and conditions as the Government shall, on the recommendations of the Council, by notification, specify. CHAPTER III LEVY AND COLLECTION OF TAX **5. Levy and collection.––(1) Subject to the provisions of sub-section (2), there shall be levied a tax** called the integrated goods and services tax on all inter-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 of the Central Goods and Services Tax Act and at such rates, not exceeding forty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person: Provided that the integrated tax on goods [1][other than the goods as may be notified by the Government on the recommendations of the Council] imported into India shall be levied and collected in accordance with the provisions of section 3 of the Customs Tariff Act, 1975 (51 of 1975) on the value as determined under the said Act at the point when duties of customs are levied on the said goods under section 12 of the Customs Act, 1962 (52 of 1962). (2) The integrated tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel shall be levied with effect from such date as may be notified by the Government on the recommendations of the Council. (3) The Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both. 2[(4) The Government may, on the recommendations of the Council, by notification, specify a class of registered persons who shall, in respect of supply of specified categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to such supply of goods or services or both.] (5) The Government may, on the recommendations of the Council, by notification, specify categories of services, the tax on inter-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services: Provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax: Provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax. **6. Power to grant exemption from tax.–– (1) Where the Government is satisfied that it is necessary** in the public interest so to do, it may, on the recommendations of the Council, by notification, exempt generally, either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification. 1. Ins. by Act 31 of 2023, s. 3 (w.e.f. 1-10-2023). 2. Subs. by Act 32 of 2018, s. 3, for sub-section (4) (w.e.f. 1-2-2019). ----- (2) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by special order in each case, under circumstances of an exceptional nature to be stated in such order, exempt from payment of tax any goods or services or both on which tax is leviable. (3) The Government may, if it considers necessary or expedient so to do for the purpose of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under sub-section (2), insert an Explanation in such notification or order, as the case may be, by notification at any time within one year of issue of the notification under sub-section (1) or order under sub-section (2), and every such Explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be. _Explanation.––For the purposes of this section, where an exemption in respect of any goods or_ services or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both. CHAPTER IV DETERMINATION OF NATURE OF SUPPLY **7. Inter-State supply.––(1) Subject to the provisions of section 10, supply of goods, where the** location of the supplier and the place of supply are in–– (a) two different States; (b) two different Union territories; or (c) a State and a Union territory, shall be treated as a supply of goods in the course of inter-State trade or commerce. (2) Supply of goods imported into the territory of India, till they cross the customs frontiers of India, shall be treated to be a supply of goods in the course of inter-State trade or commerce. (3) Subject to the provisions of section 12, supply of services, where the location of the supplier and the place of supply are in–– (a) two different States; (b) two different Union territories; or (c) a State and a Union territory, shall be treated as a supply of services in the course of inter-State trade or commerce. (4) Supply of services imported into the territory of India shall be treated to be a supply of services in the course of inter-State trade or commerce. (5) Supply of goods or services or both,–– (a) when the supplier is located in India and the place of supply is outside India; (b) to or by a Special Economic Zone developer or a Special Economic Zone unit; or (c) in the taxable territory, not being an intra-State supply and not covered elsewhere in this section, shall be treated to be a supply of goods or services or both in the course of inter-State trade or commerce. **8. Intra-State supply.––(1) Subject to the provisions of section 10, supply of goods where the** location of the supplier and the place of supply of goods are in the same State or same Union territory shall be treated as intra-State supply: Provided that the following supply of goods shall not be treated as intra-State supply, namely:–– (i) supply of goods to or by a Special Economic Zone developer or a Special Economic Zone unit; (ii) goods imported into the territory of India till they cross the customs frontiers of India; or ----- (iii) supplies made to a tourist referred to in section 15. (2) Subject to the provisions of section 12, supply of services where the location of the supplier and the place of supply of services are in the same State or same Union territory shall be treated as intra-State supply: Provided that the intra-State supply of services shall not include supply of services to or by a Special Economic Zone developer or a Special Economic Zone unit. _Explanation 1.––For the purposes of this Act, where a person has,––_ (i) an establishment in India and any other establishment outside India; (ii) an establishment in a State or Union territory and any other establishment outside that State or Union territory; or (iii) an establishment in a State or Union territory and any other establishment [1]*** registered within that State or Union territory, then such establishments shall be treated as establishments of distinct persons. _Explanation 2.––A person carrying on a business through a branch or an agency or a representational_ office in any territory shall be treated as having an establishment in that territory. **9. Supplies in territorial waters.––Notwithstanding anything contained in this Act,––** (a) where the location of the supplier is in the territorial waters, the location of such supplier; or (b) where the place of supply is in the territorial waters, the place of supply, shall, for the purposes of this Act, be deemed to be in the coastal State or Union territory where the nearest point of the appropriate baseline is located. CHAPTER V PLACE OF SUPPLY OF GOODS OR SERVICES OR BOTH **10. Place of supply of goods other than supply of goods imported into, or exported from India.––** (1) The place of supply of goods, other than supply of goods imported into, or exported from India, shall be as under,–– (a) where the supply involves movement of goods, whether by the supplier or the recipient or by any other person, the place of supply of such goods shall be the location of the goods at the time at which the movement of goods terminates for delivery to the recipient; (b) where the goods are delivered by the supplier to a recipient or any other person on the direction of a third person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to the goods or otherwise, it shall be deemed that the said third person has received the goods and the place of supply of such goods shall be the principal place of business of such person; (c) where the supply does not involve movement of goods, whether by the supplier or the recipient, the place of supply shall be the location of such goods at the time of the delivery to the recipient; 2[(ca) where the supply of goods is made to a person other than a registered person, the place of supply shall, notwithstanding anything contrary contained in clause (a) or clause (c), be the location as per the address of the said person recorded in the invoice issued in respect of the said supply and the location of the supplier where the address of the said person is not recorded in the invoice. _Explanation.—For the purposes of this clause, recording of the name of the State of the said_ person in the invoice shall be deemed to be the recording of the address of the said person;] (d) where the goods are assembled or installed at site, the place of supply shall be the place of such installation or assembly; 1. The words “being a business vertical” omitted by Act 32 of 2018, s. 4 (w.e.f. 1-2-2019). 2. Ins. by Act 31 of 2023, s. 4 (w.e.f. 1-10-2023). ----- (e) where the goods are supplied on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle, the place of supply shall be the location at which such goods are taken on board. (2) Where the place of supply of goods cannot be determined, the place of supply shall be determined in such manner as may be prescribed. **11. Place of supply of goods imported into, or exported from India.––The place of supply of** goods,–– (a) imported into India shall be the location of the importer; (b) exported from India shall be the location outside India. **12. Place of supply of services where location of supplier and recipient is in India.––(1) The** provisions of this section shall apply to determine the place of supply of services where the location of supplier of services and the location of the recipient of services is in India. (2) The place of supply of services, except the services specified in sub-sections (3) to (14),–– (a) made to a registered person shall be the location of such person; (b) made to any person other than a registered person shall be,–– (i) the location of the recipient where the address on record exists; and (ii) the location of the supplier of services in other cases. (3) The place of supply of services,–– (a) directly in relation to an immovable property, including services provided by architects, interior decorators, surveyors, engineers and other related experts or estate agents, any service provided by way of grant of rights to use immovable property or for carrying out or co-ordination of construction work; or (b) by way of lodging accommodation by a hotel, inn, guest house, home stay, club or campsite, by whatever name called, and including a house boat or any other vessel; or (c) by way of accommodation in any immovable property for organising any marriage or reception or matters related thereto, official, social, cultural, religious or business function including services provided in relation to such function at such property; or (d) any services ancillary to the services referred to in clauses (a), (b) and (c), shall be the location at which the immovable property or boat or vessel, as the case may be, is located or intended to be located: Provided that if the location of the immovable property or boat or vessel is located or intended to be located outside India, the place of supply shall be the location of the recipient. _Explanation.––Where the immovable property or boat or vessel is located in more than one State or_ Union territory, the supply of services shall be treated as made in each of the respective States or Union territories, in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed. (4) The place of supply of restaurant and catering services, personal grooming, fitness, beauty treatment, health service including cosmetic and plastic surgery shall be the location where the services are actually performed. (5) The place of supply of services in relation to training and performance appraisal to,–– (a) a registered person, shall be the location of such person; (b) a person other than a registered person, shall be the location where the services are actually performed. ----- (6) The place of supply of services provided by way of admission to a cultural, artistic, sporting, scientific, educational, entertainment event or amusement park or any other place and services ancillary thereto, shall be the place where the event is actually held or where the park or such other place is located. (7) The place of supply of services provided by way of,— (a) organisation of a cultural, artistic, sporting, scientific, educational or entertainment event including supply of services in relation to a conference, fair, exhibition, celebration or similar events; or (b) services ancillary to organisation of any of the events or services referred to in clause (a), or assigning of sponsorship to such events,–– (i) to a registered person, shall be the location of such person; (ii) to a person other than a registered person, shall be the place where the event is actually held and if the event is held outside India, the place of supply shall be the location of the recipient. _Explanation.––Where the event is held in more than one State or Union territory and a_ consolidated amount is charged for supply of services relating to such event, the place of supply of such services shall be taken as being in each of the respective States or Union territories in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed. (8) The place of supply of services by way of transportation of goods, including by mail or courier to,–– (a) a registered person, shall be the location of such person; (b) a person other than a registered person, shall be the location at which such goods are handed over for their transportation. 1***] (9) The place of supply of passenger transportation service to,— (a) a registered person, shall be the location of such person; (b) a person other than a registered person, shall be the place where the passenger embarks on the conveyance for a continuous journey: Provided that where the right to passage is given for future use and the point of embarkation is not known at the time of issue of right to passage, the place of supply of such service shall be determined in accordance with the provisions of sub-section (2). _Explanation.––For the purposes of this sub-section, the return journey shall be treated as a_ separate journey, even if the right to passage for onward and return journey is issued at the same time. (10) The place of supply of services on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle, shall be the location of the first scheduled point of departure of that conveyance for the journey. (11) The place of supply of telecommunication services including data transfer, broadcasting, cable and direct to home television services to any person shall,— (a) in case of services by way of fixed telecommunication line, leased circuits, internet leased circuit, cable or dish antenna, be the location where the telecommunication line, leased circuit or cable connection or dish antenna is installed for receipt of services; (b) in case of mobile connection for telecommunication and internet services provided on post-paid basis, be the location of billing address of the recipient of services on the record of the supplier of services; 1. Proviso omitted by Act 8 of 2023, s. 161 (w.e.f. 1-10-2023). ----- (c) in cases where mobile connection for telecommunication, internet service and direct to home television services are provided on pre-payment basis through a voucher or any other means,–– (i) through a selling agent or a re-seller or a distributor of subscriber identity module card or re-charge voucher, be the address of the selling agent or re-seller or distributor as per the record of the supplier at the time of supply; or (ii) by any person to the final subscriber, be the location where such pre-payment is received or such vouchers are sold; (d) in other cases, be the address of the recipient as per the records of the supplier of services and where such address is not available, the place of supply shall be location of the supplier of services: Provided that where the address of the recipient as per the records of the supplier of services is not available, the place of supply shall be location of the supplier of services: Provided further that if such pre-paid service is availed or the recharge is made through internet banking or other electronic mode of payment, the location of the recipient of services on the record of the supplier of services shall be the place of supply of such services. _Explanation.––Where the leased circuit is installed in more than one State or Union territory and a_ consolidated amount is charged for supply of services relating to such circuit, the place of supply of such services shall be taken as being in each of the respective States or Union territories in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed. (12) The place of supply of banking and other financial services, including stock broking services to any person shall be the location of the recipient of services on the records of the supplier of services: Provided that if the location of recipient of services is not on the records of the supplier, the place of supply shall be the location of the supplier of services. (13) The place of supply of insurance services shall,–– (a) to a registered person, be the location of such person; (b) to a person other than a registered person, be the location of the recipient of services on the records of the supplier of services. (14) The place of supply of advertisement services to the Central Government, a State Government, a statutory body or a local authority meant for the States or Union territories identified in the contract or agreement shall be taken as being in each of such States or Union territories and the value of such supplies specific to each State or Union territory shall be in proportion to the amount attributable to services provided by way of dissemination in the respective States or Union territories as may be determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed. **13. Place of supply of services where location of supplier or location of recipient is outside** **India.––(1) The provisions of this section shall apply to determine the place of supply of services where** the location of the supplier of services or the location of the recipient of services is outside India. (2) The place of supply of services except the services specified in sub-sections (3) to (13) shall be the location of the recipient of services: Provided that where the location of the recipient of services is not available in the ordinary course of business, the place of supply shall be the location of the supplier of services. (3) The place of supply of the following services shall be the location where the services are actually performed, namely:— (a) services supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services, or to a person acting on behalf of the supplier of services in order to provide the services: Provided that when such services are provided from a remote location by way of electronic means, the place of supply shall be the location where goods are situated at the time of supply of services: ----- 1[Provided further that nothing contained in this clause shall apply in the case of services supplied in respect of goods which are temporarily imported into India for repairs or for any other treatment or process and are exported after such repairs or treatment or process without being put to any use in India, other than that which is required for such repairs or treatment or process;] (b) services supplied to an individual, represented either as the recipient of services or a person acting on behalf of the recipient, which require the physical presence of the recipient or the person acting on his behalf, with the supplier for the supply of services. (4) The place of supply of services supplied directly in relation to an immovable property, including services supplied in this regard by experts and estate agents, supply of accommodation by a hotel, inn, guest house, club or campsite, by whatever name called, grant of rights to use immovable property, services for carrying out or co-ordination of construction work, including that of architects or interior decorators, shall be the place where the immovable property is located or intended to be located. (5) The place of supply of services supplied by way of admission to, or organisation of a cultural, artistic, sporting, scientific, educational or entertainment event, or a celebration, conference, fair, exhibition or similar events, and of services ancillary to such admission or organisation, shall be the place where the event is actually held. (6) Where any services referred to in sub-section (3) or sub-section (4) or sub-section (5) is supplied at more than one location, including a location in the taxable territory, its place of supply shall be the location in the taxable territory. (7) Where the services referred to in sub-section (3) or sub-section (4) or sub-section (5) are supplied in more than one State or Union territory, the place of supply of such services shall be taken as being in each of the respective States or Union territories and the value of such supplies specific to each State or Union territory shall be in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed. (8) The place of supply of the following services shall be the location of the supplier of services, namely:–– (a) services supplied by a banking company, or a financial institution, or a non-banking financial company, to account holders; (b) intermediary services; (c) services consisting of hiring of means of transport, including yachts but excluding aircrafts and vessels, up to a period of one month. _Explanation.––For the purposes of this sub-section, the expression,––_ (a) “account” means an account bearing interest to the depositor, and includes a non-resident external account and a non-resident ordinary account; (b) “banking company” shall have the same meaning as assigned to it under clause (a) of section 45A of the Reserve Bank of India Act, 1934 (2 of 1934); (c) ‘‘financial institution” shall have the same meaning as assigned to it in clause (c) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934); (d) “non-banking financial company” means,–– (i) a financial institution which is a company; (ii) a non-banking institution which is a company and which has as its principal business the receiving of deposits, under any scheme or arrangement or in any other manner, or lending in any manner; or 1. Subs. by Act 32 of 2018, s. 6 for the second proviso (w.e.f. 1-2-2019) ----- (iii) such other non-banking institution or class of such institutions, as the Reserve Bank of India may, with the previous approval of the Central Government and by notification in the Official Gazette, specify. 1* - - - * (10) The place of supply in respect of passenger transportation services shall be the place where the passenger embarks on the conveyance for a continuous journey. (11) The place of supply of services provided on board a conveyance during the course of a passenger transport operation, including services intended to be wholly or substantially consumed while on board, shall be the first scheduled point of departure of that conveyance for the journey. (12) The place of supply of online information and database access or retrieval services shall be the location of the recipient of services. _Explanation.––For the purposes of this sub-section, person receiving such services shall be deemed to_ be located in the taxable territory, if any two of the following non-contradictory conditions are satisfied, namely:–– (a) the location of address presented by the recipient of services through internet is in the taxable territory; (b) the credit card or debit card or store value card or charge card or smart card or any other card by which the recipient of services settles payment has been issued in the taxable territory; (c) the billing address of the recipient of services is in the taxable territory; (d) the internet protocol address of the device used by the recipient of services is in the taxable territory; (e) the bank of the recipient of services in which the account used for payment is maintained is in the taxable territory; (f) the country code of the subscriber identity module card used by the recipient of services is of taxable territory; (g) the location of the fixed land line through which the service is received by the recipient is in the taxable territory. (13) In order to prevent double taxation or non-taxation of the supply of a service, or for the uniform application of rules, the Government shall have the power to notify any description of services or circumstances in which the place of supply shall be the place of effective use and enjoyment of a service. **14. Special provision for payment of tax by a supplier of online information and database access** **or retrieval services.––(1) On supply of online information and database access or retrieval services by** any person located in a non-taxable territory and received by a non-taxable online recipient, the supplier of services located in a non-taxable territory shall be the person liable for paying integrated tax on such supply of services: Provided that in the case of supply of online information and database access or retrieval services by any person located in a non-taxable territory and received by a non-taxable online recipient, an intermediary located in the non-taxable territory, who arranges or facilitates the supply of such services, shall be deemed to be the recipient of such services from the supplier of services in non-taxable territory and supplying such services to the non-taxable online recipient except when such intermediary satisfies the following conditions, namely:–– (a) the invoice or customer’s bill or receipt issued or made available by such intermediary taking part in the supply clearly identifies the service in question and its supplier in non-taxable territory; (b) the intermediary involved in the supply does not authorise the charge to the customer or take part in its charge which is that the intermediary neither collects or processes payment in any manner nor is responsible for the payment between the non-taxable online recipient and the supplier of such services; 1. Sub-section (9) omitted by Act 8 of 2023, s. 162 (w.e.f. 1-10-2023). ----- (c) the intermediary involved in the supply does not authorise delivery; and (d) the general terms and conditions of the supply are not set by the intermediary involved in the supply but by the supplier of services. (2) The supplier of online information and database access or retrieval services referred to in sub-section (1) shall, for payment of integrated tax, take a single registration under the Simplified Registration Scheme to be notified by the Government: Provided that any person located in the taxable territory representing such supplier for any purpose in the taxable territory shall get registered and pay integrated tax on behalf of the supplier: Provided further that if such supplier does not have a physical presence or does not have a representative for any purpose in the taxable territory, he may appoint a person in the taxable territory for the purpose of paying integrated tax and such person shall be liable for payment of such tax. 1[14A. Special provision for specified actionable claims supplied by a person located outside **taxable territory. —(1) A supplier of online money gaming as defined in clause (80B) of section 2 of the** Central Goods and Services Tax Act, 2017 (12 of 2017), not located in the taxable territory, shall in respect of the supply of online money gaming by him to a person in the taxable territory, be liable to pay integrated tax on such supply. (2) For the purposes of complying with provisions of sub-section (1), the supplier of online money gaming shall obtain a single registration under the Simplified Registration Scheme referred to in sub-section (2) of section 14 of this Act: Provided that any person located in the taxable territory representing such supplier for any purpose in the taxable territory shall get registered and pay the integrated tax on behalf of the supplier: Provided further that if such supplier does not have a physical presence or does not have a representative for any purpose in the taxable territory, he shall appoint a person in the taxable territory for the purpose of paying integrated tax and such person shall be liable for payment of such tax. (3) In case of failure to comply with provisions of sub-section (1) or sub-section (2) by the supplier of the online money gaming or a person appointed by such supplier or both, notwithstanding anything contained in section 69A of the Information Technology Act, 2000 (21 of 2000), any information generated, transmitted, received or hosted in any computer resource used for supply of online money gaming by such supplier shall be liable to be blocked for access by the public in such manner as specified in the said Act. CHAPTER VI REFUND OF INTEGRATED TAX TO INTERNATIONAL TOURIST **15. Refund of integrated tax paid on supply of goods to tourist leaving India.––The integrated tax** paid by tourist leaving India on any supply of goods taken out of India by him shall be refunded in such manner and subject to such conditions and safeguards as may be prescribed. _Explanation.––For the purposes of this section, the term “tourist” means a person not normally_ resident in India, who enters India for a stay of not more than six months for legitimate non-immigrant purposes. CHAPTER VII ZERO RATED SUPPLY **16. Zero rated supply.––(1) “zero rated supply” means any of the following supplies of goods or** services or both, namely:–– (a) export of goods or services or both; or (b) supply of goods or services or both [2][for authorised operations] to a Special Economic Zone developer or a Special Economic Zone unit. 1. Ins. by Act 31 of 2023, s. 5 (w.e.f. 1-10-2023). 2. Ins. by Act 13 of 2021, s. 123 (w.e.f. 28-3-2021). ----- (2) Subject to the provisions of sub-section (5) of section 17 of the Central Goods and Services Tax Act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply. 1[(3) A registered person making zero rated supply shall be eligible to claim refund of unutilised input tax credit on supply of goods or services or both, without payment of integrated tax, under bond or Letter of Undertaking, in accordance with the provisions of section 54 of the Central Goods and Services Tax Act or the rules made thereunder, subject to such conditions, safeguards and procedure as may be prescribed: Provided that the registered person making zero rated supply of goods shall, in case of non-realisation of sale proceeds, be liable to deposit the refund so received under this sub-section along with the applicable interest under section 50 of the Central Goods and Services Tax Act within thirty days after the expiry of the time limit prescribed under the Foreign Exchange Management Act, 1999 (42 of 1999) for receipt of foreign exchange remittances, in such manner as may be prescribed. (4) The Government may, on the recommendation of the Council, and subject to such conditions, safeguards and procedures, by notification, specify–– (i) a class of persons who may make zero rated supply on payment of integrated tax and claim refund of the tax so paid; (ii) a class of goods or services which may be exported on payment of integrated tax and the supplier of such goods or services may claim the refund of tax so paid.] CHAPTER VIII APPORTIONMENT OF TAX AND SETTLEMENT OF FUNDS **17. Apportionment of tax and settlement of funds.––(1) Out of the integrated tax paid to the** Central Government,–– (a) in respect of inter-State supply of goods or services or both to an unregistered person or to a registered person paying tax under section 10 of the Central Goods and Services Tax Act; (b) in respect of inter-State supply of goods or services or both where the registered person is not eligible for input tax credit; (c) in respect of inter-State supply of goods or services or both made in a financial year to a registered person, where he does not avail of the input tax credit within the specified period and thus remains in the integrated tax account after expiry of the due date for furnishing of annual return for such year in which the supply was made; (d) in respect of import of goods or services or both by an unregistered person or by a registered person paying tax under section 10 of the Central Goods and Services Tax Act; (e) in respect of import of goods or services or both where the registered person is not eligible for input tax credit; (f) in respect of import of goods or services or both made in a financial year by a registered person, where he does not avail of the said credit within the specified period and thus remains in the integrated tax account after expiry of the due date for furnishing of annual return for such year in which the supply was received, the amount of tax calculated at the rate equivalent to the central tax on similar intra-State supply shall be apportioned to the Central Government. (2) The balance amount of integrated tax remaining in the integrated tax account in respect of the supply for which an apportionment to the Central Government has been done under sub-section (1) shall be apportioned to the,–– (a) State where such supply takes place; and (b) Central Government where such supply takes place in a Union territory: 1. Subs. by Act 13 of 2021, s. 123, for sub-section (3) (w.e.f. 28-3-2021). ----- Provided that where the place of such supply made by any taxable person cannot be determined separately, the said balance amount shall be apportioned to,–– (a) each of the States; and (b) Central Government in relation to Union territories, in proportion to the total supplies made by such taxable person to each of such States or Union territories, as the case may be, in a financial year: Provided further that where the taxable person making such supplies is not identifiable, the said balance amount shall be apportioned to all States and the Central Government in proportion to the amount collected as State tax or, as the case may be, Union territory tax, by the respective State or, as the case may be, by the Central Government during the immediately preceding financial year. 1[(2A) The amount not apportioned under sub-section (1) and sub-section (2) may, for the time being, on the recommendations of the Council, be apportioned at the rate of fifty per cent. to the Central Government and fifty per cent. to the State Governments or the Union territories, as the case may be, on ad hoc basis and shall be adjusted against the amount apportioned under the said sub-sections.] (3) The provisions of sub-sections (1) and (2) relating to apportionment of integrated tax shall, mutatis _mutandis, apply to the apportionment of interest, penalty and compounding amount realised in connection_ with the tax so apportioned. (4) Where an amount has been apportioned to the Central Government or a State Government under sub-section (1) or sub-section (2) or sub-section (3), the amount collected as integrated tax shall stand reduced by an amount equal to the amount so apportioned and the Central Government shall transfer to the central tax account or Union territory tax account, an amount equal to the respective amounts apportioned to the Central Government and shall transfer to the State tax account of the respective States an amount equal to the amount apportioned to that State, in such manner and within such time as may be prescribed. (5) Any integrated tax apportioned to a State or, as the case may be, to the Central Government on account of a Union territory, if subsequently found to be refundable to any person and refunded to such person, shall be reduced from the amount to be apportioned under this section, to such State, or Central Government on account of such Union territory, in such manner and within such time as may be prescribed. **2[17A. Transfer of certain amounts.––Where any amount has been transferred from the electronic** cash ledger under this Act to the electronic cash ledger under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, the Government shall transfer to the State tax account or the Union territory tax account, an amount equal to the amount transferred from the electronic cash ledger, in such manner and within such time, as may be prescribed.] **18. Transfer of input tax credit.––On utilisation of credit of integrated tax availed under this Act for** payment of,–– (a) central tax in accordance with the provisions of sub-section (5) of section 49 of the Central Goods and Services Tax Act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and the Central Government shall transfer an amount equal to the amount so reduced from the integrated tax account to the central tax account in such manner and within such time as may be prescribed; (b) Union territory tax in accordance with the provisions of section 9 of the Union Territory Goods and Services Tax Act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and the Central Government shall transfer an amount equal to the amount so reduced from the integrated tax account to the Union territory tax account in such manner and within such time as may be prescribed; 1. Ins. by Act 32 of 2018, s. 7 (w.e.f. 1-2-2019). 2. Ins. by Act 23 of 2019, s. 114 (w.e.f. 1-1-2020). ----- (c) State tax in accordance with the provisions of the respective State Goods and Services Tax Act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and shall be apportioned to the appropriate State Government and the Central Government shall transfer the amount so apportioned to the account of the appropriate State Government in such manner and within such time as may be prescribed. _Explanation.––For the purposes of this Chapter, “appropriate State” in relation to a taxable_ person, means the State or Union territory where he is registered or is liable to be registered under the provisions of the Central Goods and Services Tax Act. **19. Tax wrongfully collected and paid to Central Government or State Government.––(1) A** registered person who has paid integrated tax on a supply considered by him to be an inter-State supply, but which is subsequently held to be an intra-State supply, shall be granted refund of the amount of integrated tax so paid in such manner and subject to such conditions as may be prescribed. (2) A registered person who has paid central tax and State tax or Union territory tax, as the case may be, on a transaction considered by him to be an intra-State supply, but which is subsequently held to be an inter-State supply, shall not be required to pay any interest on the amount of integrated tax payable. CHAPTER IX MISCELLANEOUS **20. Application of provisions of Central Goods and Services Tax Act.––Subject to the provisions** of this Act and the rules made thereunder, the provisions of Central Goods and Services Tax Act relating to,–– (i) scope of supply; (ii) composite supply and mixed supply; (iii) time and value of supply; (iv) input tax credit; (v) registration; (vi) tax invoice, credit and debit notes; (vii) accounts and records; (viii) returns, other than late fee; (ix) payment of tax; (x) tax deduction at source; (xi) collection of tax at source; (xii) assessment; (xiii) refunds; (xiv) audit; (xv) inspection, search, seizure and arrest; (xvi) demands and recovery; (xvii) liability to pay in certain cases; (xviii) advance ruling; (xix) appeals and revision; (xx) presumption as to documents; (xxi) offences and penalties; (xxii) job work; (xxiii) electronic commerce; (xxiv) transitional provisions; and ----- (xxv) miscellaneous provisions including the provisions relating to the imposition of interest and penalty, shall, mutatis mutandis, apply, so far as may be, in relation to integrated tax as they apply in relation to central tax as if they are enacted under this Act: Provided that in the case of tax deducted at source, the deductor shall deduct tax at the rate of two per cent. from the payment made or credited to the supplier: Provided further that in the case of tax collected at source, the operator shall collect tax at such rate not exceeding two per cent, as may be notified on the recommendations of the Council, of the net value of taxable supplies: Provided also that for the purposes of this Act, the value of a supply shall include any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this Act, and the Goods and Services Tax (Compensation to States) Act, if charged separately by the supplier: Provided also that in cases where the penalty is leviable under the Central Goods and Services Tax Act and the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, the penalty leviable under this Act shall be the sum total of the said penalties. 1[Provided also that where the appeal is to be filed before the Appellate Authority or the Appellate Tribunal, the maximum amount payable shall be fifty crore rupees and one hundred crore rupees respectively.] **21. Import of services made on or after the appointed day.––Import of services made on or after** the appointed day shall be liable to tax under the provisions of this Act regardless of whether the transactions for such import of services had been initiated before the appointed day: Provided that if the tax on such import of services had been paid in full under the existing law, no tax shall be payable on such import under this Act: Provided further that if the tax on such import of services had been paid in part under the existing law, the balance amount of tax shall be payable on such import under this Act. _Explanation.––For the purposes of this section, a transaction shall be deemed to have been initiated_ before the appointed day if either the invoice relating to such supply or payment, either in full or in part, has been received or made before the appointed day. **22. Power to make rules.––(1) The Government may, on the recommendations of the Council, by** notification, make rules for carrying out the provisions of this Act. (2) Without prejudice to the generality of the provisions of sub-section (1), the Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules. (3) The power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this Act come into force. (4) Any rules made under sub-section (1) may provide that a contravention thereof shall be liable to a penalty not exceeding ten thousand rupees. **23. Power to make regulations.––The Board may, by notification, make regulations consistent with** this Act and the rules made thereunder to carry out the provisions of this Act. **24. Laying of rules, regulations and notifications.––Every rule made by the Government, every** regulation made by the Board and every notification issued by the Government under this Act, shall be laid, as soon as may be, after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or in the notification, as the case may be, or both Houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in 1. The proviso ins. by Act 32 of 2018, s. 8 (w.e.f. 1-2-2019). ----- such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be. **25. Removal of difficulties.––(1) If any difficulty arises in giving effect to any provision of this Act,** the Government may, on the recommendations of the Council, by a general or a special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty: Provided that no such order shall be made after the expiry of a period of [1][five years] from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of Parliament. 1. Subs. by Act 12 of 2020, s. 134, for “three years” (w.e.f. 30-6-2020). -----

12-Apr-2017

12

The Central Goods and Services Tax Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/15689/5/A2017-12.pdf

central

THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 ____________ ARRANGEMENT OF SECTIONS __________ CHAPTER I # PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ADMINISTRATION 3. Officers under this Act. 4. Appointment of officers. 5. Powers of officers. 6. Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances. CHAPTER III LEVY AND COLLECTION OF TAX 7. Scope of supply. 8. Tax liability on composite and mixed supplies. 9. Levy and collection. 10. Composition levy. 11. Power to grant exemption from tax. CHAPTER IV TIME AND VALUE OF SUPPLY 12. Time of supply of goods. 13. Time of supply of services. 14. Change in rate of tax in respect of supply of goods or services. 15. Value of taxable supply. CHAPTER V INPUT TAX CREDIT 16. Eligibility and conditions for taking input tax credit. 17. Apportionment of credit and blocked credits. 18. Availability of credit in special circumstances. 19. Taking input tax credit in respect of inputs and capital goods sent for job work. 20. Manner of distribution of credit by Input Service Distributor. ----- SECTIONS 21. Manner of recovery of credit distributed in excess. CHAPTER VI REGISTRATION 22. Persons liable for registration. 23. Persons not liable for registration. 24. Compulsory registration in certain cases. 25. Procedure for registration. 26. Deemed registration. 27. Special provisions relating to casual taxable person and non-resident taxable person. 28. Amendment of registration. 29. Cancellation or suspension of registration. 30. Revocation of cancellation of registration. CHAPTER VII TAX INVOICE, CREDIT AND DEBIT NOTES 31. Tax invoice. 31A. Facility of digital payment to recipient. 32. Prohibition of unauthorised collection of tax. 33. Amount of tax to be indicated in tax invoice and other documents. 34. Credit and debit notes. CHAPTER VIII ACCOUNTS AND RECORDS 35. Accounts and other records. 36. Period of retention of accounts. CHAPTER IX RETURNS 37. Furnishing details of outward supplies. 38. Communication of details of inward supplies and input tax credit. 39. Furnishing of returns. 40. First return. 41. Availment of input tax credit. 42. [Omitted.]. 43. [Omitted.]. 43A. [Omitted.]. 44. Annual return. 45. Final return. 46. Notice to return defaulters. 47. Levy of late fee. 48. Goods and services tax practitioners. ----- CHAPTER X PAYMENT OF TAX SECTIONS 49. Payment of tax, interest, penalty and other amounts. 49A. Utilisation of input tax credit subject to certain conditions. 49B. Order of utilisation of input tax credit. 50. Interest on delayed payment of tax. 51. Tax deductions at source. 52. Collection of tax at source. 53. Transfer of input tax credit. 53A. Transfer of certain amounts. CHAPTER XI REFUNDS 54. Refund of tax. 55. Refund in certain cases. 56. Interest on delayed refunds. 57. Consumer Welfare Fund. 58. Utilisation of Fund. CHAPTER XII ASSESSMENT 59. Self-assessment. 60. Provisional assessment. 61. Scrutiny of returns. 62. Assessment of non-filers of returns. 63. Assessment of unregistered persons. 64. Summary assessment in certain special cases. CHAPTER XIII AUDIT 65. Audit by tax authorities. 66. Special audit. CHAPTER XIV INSPECTION, SEARCH, SEIZURE AND ARREST 67. Power of inspection, search and seizure. 68. Inspection of goods in movement. 69. Power to arrest. 70. Power to summon persons to give evidence and produce documents. 71. Access to business premises. 72. Officers to assist proper officers. ----- CHAPTER XV DEMANDS AND RECOVERY SECTIONS 73. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful-misstatement or suppression of facts. 74. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts. 75. General provisions relating to determination of tax. 76. Tax collected but not paid to Government. 77. Tax wrongfully collected and paid to Central Government or State Government. 78. Initiation of recovery proceedings. 79. Recovery of tax. 80. Payment of tax and other amount in instalments. 81. Transfer of property to be void in certain cases. 82. Tax to be first charge on property. 83. Provisional attachment to protect revenue in certain cases. 84. Continuation and validation of certain recovery proceedings. CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES 85. Liability in case of transfer of business. 86. Liability of agent and principal. 87. Liability in case of amalgamation or merger of companies. 88. Liability in case of company in liquidation. 89. Liability of directors of private company. 90. Liability of partners of firm to pay tax. 91. Liability of guardians, trustees, etc. 92. Liability of Court of Wards, etc. 93. Special provisions regarding liability to pay tax, interest or penalty in certain cases. 94. Liability in other cases. CHAPTER XVII ADVANCE RULING 95. Definitions. 96. Authority for advance ruling. 97. Application for advance ruling. 98. Procedure on receipt of application. 99. Appellate Authority for Advance Ruling. ----- SECTIONS 100. Appeal to Appellate Authority. 101. Orders of Appellate Authority. 101A. Constitution of National Appellate Authority for Advance Ruling. 101B. Appeal to National Appellate Authority. 101C. Order of National Appellate Authority. 102. Rectification of advance ruling. 103. Applicability of advance ruling. 104. Advance ruling to be void in certain circumstances. 105. Powers of Authority, Appellate Authority and National Appellate Authority. 106. Procedure of Authority, Appellate Authority and National Appellate Authority. CHAPTER XVIII APPEALS AND REVISION 107. Appeals to Appellate Authority. 108. Powers of Revisional Authority. 109. Constitution of Appellate Tribunal and Benches thereof. 110. President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc. 111. Procedure before Appellate Tribunal. 112. Appeals to Appellate Tribunal. 113. Orders of Appellate Tribunal. 114. Financial and Administrative powers of President. 115. Interest on refund of amount paid for admission of appeal. 116. Appearance by authorised representative. 117. Appeal to High Court. 118. Appeal to Supreme Court. 119. Sums due to be paid notwithstanding appeal, etc. 120. Appeal not to be filed in certain cases. 121. Non-appealable decisions and orders. CHAPTER XIX OFFENCES AND PENALITIS 122. Penalty for certain offences. 123. Penalty for failure to furnish information return. 124. Fine for failure to furnish statistics. 125. General penalty. 126. General disciplines related to penalty. 127. Power to impose penalty in certain cases. 128. Power to waive penalty or fee or both. 129. Detention, seizure and release of goods and conveyances in transit. ----- SECTIONS 130. Confiscation of goods or conveyances and levy of penalty. 131. Confiscation or penalty not to interfere with other punishments. 132. Punishment for certain offences. 133. Liability of officers and certain other persons. 134. Cognizance of offences. 135. Presumption of culpable mental state. 136. Relevancy of statements under certain circumstances. 137. Offences by companies. 138. Compounding of offences. CHAPTER XX TRANSITIONAL PROVISIONS 139. Migration of existing taxpayers. 140. Transitional arrangements for input tax credit. 141. Transitional provisions relating to job work. 142. Miscellaneous transitional provisions. CHAPTER XXI MISCELLANEOUS 143. Job work procedure. 144. Presumption as to documents in certain cases. 145. Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence. 146. Common Portal. 147. Deemed exports. 148. Special procedure for certain processes. 149. Goods and services tax compliance rating. 150. Obligation to furnish information return. 151. Power to call for information. 152. Bar on disclosure of information. 153. Taking assistance from an expert. 154. Power to take samples. 155. Burden of proof. 156. Persons deemed to be public servants. 157. Protection of action take under this Act. 158. Disclosure of information by a public servant. 158A. Consent based sharing of information furnished by taxable person. ----- SECTIONS 159. Publication of information in respect of persons in certain cases. 160. Assessment proceedings, etc., not to be invalid on certain grounds. 161. Rectification of errors apparent on the face of record. 162. Bar on jurisdiction of civil courts. 163. Levy of fee. 164. Power of Government to make rules. 165. Power to make regulations. 166. Laying of rules, regulations and notifications. 167. Delegation of powers. 168. Power to issue instructions or directions. 168A. Power of Government to extend time limit in special circumstances. 169. Service of notice in certain circumstances. 170. Rounding off of tax, etc. 171. Anti-profiteering measure. 172. Removal of difficulties. 173. Amendment of Act 32 of 1994. 174. Repeal and saving. SCHEDULE I. SCHEDULE II. SCHEDULE III. ----- THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 ACT NO. 12 OF 2017 [12th April, 2017.] An Act to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Central Government and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Central Goods and** Services Tax Act, 2017. (2) It extends to the whole of India [1]***. (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—In this Act, unless the context otherwise requires,––** (1) “actionable claim” shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882 (4 of 1882); (2) “address of delivery” means the address of the recipient of goods or services or both indicated on the tax invoice issued by a registered person for delivery of such goods or services or both; (3) “address on record” means the address of the recipient as available in the records of the supplier; (4) “adjudicating authority” means any authority, appointed or authorised to pass any order or decision under this Act, but does not include the [3][Central Board of Indirect Taxes and Customs], the Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, [4][The National Appellate Authority for Advance Ruling] [5][the Appellate Authority, the Appellate Tribunal and the Authority referred to in sub-section (2) of section 171]; (5) “agent” means a person, including a factor, broker, commission agent, _arhatia,_ _del credere_ agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services or both on behalf of another; (6) “aggregate turnover” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes central tax, State tax, Union territory tax, integrated tax and cess; 1. The words “except the State of Jammu and Kashmir” omitted by Act 26 of 2017, s. 2 (w.e.f. 8-7-2017). 2. 22nd June, 2017 for sections 1, 2, 3, 4, 5, 10, 22, 23, 24, 25, 26, 27, 28, 29, 30, 139, 146 and 164, vide Notification No. G.S.R. 605 (E), dated the 19 June, 2017, see Gazette of India, Extraordinary, Part II, sec. 3(i). 1st July, 2017 for sections 6 to 9, 11 to 21, 31 to 41, 42 except the proviso to sub-section (9) of section 42, 43 except the proviso to sub-section (9) of sections 43, 44 to 50, 53 to 138, 140 to 145, 147 to 163, 165 to 174 vide Notification No. G.S.R. 658 (E), dated the 28th June, 2017, see Gazette of India, Extraordinary, Part II, sec. 3(i). 3. Subs. by Act 31 of 2018, s. 2, for “Central Board of Excise and Customs” (w.e.f. 1-2-2019). 4. Ins. by Act 23 of 2019, s. 92 (w.e.f. 1-1-2020). 5. Subs. by Act 31 of 2018, s. 2, for “the Appellate Authority and the Appellate Tribunal” (w.e.f. 1-2-2019). 8 ----- (7) “agriculturist” means an individual or a Hindu Undivided Family who undertakes cultivation of land— (a) by own labour, or (b) by the labour of family, or (c) by servants on wages payable in cash or kind or by hired labour under personal supervision or the personal supervision of any member of the family; (8) “Appellate Authority” means an authority appointed or authorised to hear appeals as referred to in section 107; (9) “Appellate Tribunal” means the Goods and Services Tax Appellate Tribunal constituted under section 109; (10) “appointed day” means the date on which the provisions of this Act shall come into force; (11) “assessment” means determination of tax liability under this Act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgment assessment; (12) “associated enterprises” shall have the same meaning as assigned to it in section 92A of the Income-tax Act, 1961 (43 of 1961); (13) “audit” means the examination of records, returns and other documents maintained or furnished by the registered person under this Act or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this Act or the rules made thereunder; (14) “authorised bank” shall mean a bank or a branch of a bank authorised by the Government to collect the tax or any other amount payable under this Act; (15) “authorised representative” means the representative as referred to in section 116; (16) “Board” means the [1][Central Board of Indirect Taxes and Customs] constituted under the Central Boards of Revenue Act, 1963 (54 of 1963); (17) “business” includes–– (a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not it is for a pecuniary benefit; (b) any activity or transaction in connection with or incidental or ancillary to sub-clause (a); (c) any activity or transaction in the nature of sub-clause (a), whether or not there is volume, frequency, continuity or regularity of such transaction; (d) supply or acquisition of goods including capital goods and services in connection with commencement or closure of business; (e) provision by a club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members; (f) admission, for a consideration, of persons to any premises; (g) services supplied by a person as the holder of an office which has been accepted by him in the course or furtherance of his trade, profession or vocation; 2[(h) activities of a race club including by way of totalisator or a license to book maker or activities of a licensed book maker in such club; and] 1. Subs. by Act 31 of 2018, s. 2, for “Central Board of Excise and Customs” (w.e.f. 1-2-2019). 2. Subs. by s. 2, ibid., for clause (h) (w.e.f. 1-2-2019). 9 ----- (i) any activity or transaction undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities; 1* - - - (19) “capital goods” means goods, the value of which is capitalised in the books of account of the person claiming the input tax credit and which are used or intended to be used in the course or furtherance of business; (20) “casual taxable person” means a person who occasionally undertakes transactions involving supply of goods or services or both in the course or furtherance of business, whether as principal, agent or in any other capacity, in a State or a Union territory where he has no fixed place of business; (21) “central tax” means the central goods and services tax levied under section 9; (22) “cess” shall have the same meaning as assigned to it in the Goods and Services Tax (Compensation to States) Act; (23) “chartered accountant” means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949); (24) “Commissioner” means the Commissioner of central tax and includes the Principal Commissioner of central tax appointed under section 3 and the Commissioner of integrated tax appointed under the Integrated Goods and Services Tax Act; (25) “Commissioner in the Board” means the Commissioner referred to in section 168; (26) “common portal” means the common goods and services tax electronic portal referred to in section 146; (27) “common working days” in respect of a State or Union territory shall mean such days in succession which are not declared as gazetted holidays by the Central Government or the concerned State or Union territory Government; (28) “company secretary” means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980); (29) “competent authority” means such authority as may be notified by the Government; (30) “composite supply” means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply; _Illustration.— Where goods are packed and transported with insurance, the supply of goods,_ packing materials, transport and insurance is a composite supply and supply of goods is a principal supply; (31) “consideration” in relation to the supply of goods or services or both includes–– (a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government; (b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government: 1. Clause (18) omitted by Act 31 of 2018, s. 2 (w.e.f. 1-2-2019). 10 ----- Provided that a deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply; (32) “continuous supply of goods” means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, whether or not by means of a wire, cable, pipeline or other conduit, and for which the supplier invoices the recipient on a regular or periodic basis and includes supply of such goods as the Government may, subject to such conditions, as it may, by notification, specify; (33) “continuous supply of services” means a supply of services which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, for a period exceeding three months with periodic payment obligations and includes supply of such services as the Government may, subject to such conditions, as it may, by notification, specify; (34) “conveyance” includes a vessel, an aircraft and a vehicle; (35) “cost accountant” means a cost accountant as defined in [1][clause (b)] of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959); (36) “Council” means the Goods and Services Tax Council established under article 279A of the Constitution; (37) “credit note” means a document issued by a registered person under sub-section (1) of section 34; (38) “debit note” means a document issued by a registered person under sub-section (3) of section 34; (39) “deemed exports” means such supplies of goods as may be notified under section 147; (40) “designated authority” means such authority as may be notified by the Board; (41) “document” includes written or printed record of any sort and electronic record as defined in clause (t) of section 2 of the Information Technology Act, 2000 (21 of 2000); (42) “drawback” in relation to any goods manufactured in India and exported, means the rebate of duty, tax or cess chargeable on any imported inputs or on any domestic inputs or input services used in the manufacture of such goods; (43) “electronic cash ledger” means the electronic cash ledger referred to in sub-section (1) of section 49; (44) “electronic commerce” means the supply of goods or services or both, including digital products over digital or electronic network; (45) “electronic commerce operator” means any person who owns, operates or manages digital or electronic facility or platform for electronic commerce; (46) “electronic credit ledger” means the electronic credit ledger referred to in sub-section (2) of section 49; (47) “exempt supply” means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply; (48) “existing law” means any law, notification, order, rule or regulation relating to levy and collection of duty or tax on goods or services or both passed or made before the commencement of this Act by Parliament or any Authority or person having the power to make such law, notification, order, rule or regulation; 1. Subs. by Act 31 of 2018, s. 2, for “clause (c)” (w.e.f. 1-2-2019). 11 ----- (49) “family” means,–– (i) the spouse and children of the person, and (ii) the parents, grand-parents, brothers and sisters of the person if they are wholly or mainly dependent on the said person; (50) “fixed establishment” means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs; (51) “Fund” means the Consumer Welfare Fund established under section 57; (52) “goods” means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply; (53) “Government” means the Central Government; (54) “Goods and Services Tax (Compensation to States) Act” means the Goods and Services Tax (Compensation to States) Act, 2017 (15 of 2017); (55) “goods and services tax practitioner” means any person who has been approved under section 48 to act as such practitioner; (56) “India” means the territory of India as referred to in article 1 of the Constitution, its territorial waters, seabed and sub-soil underlying such waters, continental shelf, exclusive economic zone or any other maritime zone as referred to in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), and the air space above its territory and territorial waters; (57) “Integrated Goods and Services Tax Act” means the Integrated Goods and Services Tax Act, 2017 (13 of 2017); (58) “integrated tax” means the integrated goods and services tax levied under the Integrated Goods and Services Tax Act; (59) “input” means any goods other than capital goods used or intended to be used by a supplier in the course or furtherance of business; (60) “input service” means any service used or intended to be used by a supplier in the course or furtherance of business; (61) “Input Service Distributor” means an office of the supplier of goods or services or both which receives tax invoices issued under section 31 towards the receipt of input services and issues a prescribed document for the purposes of distributing the credit of central tax, State tax, integrated tax or Union territory tax paid on the said services to a supplier of taxable goods or services or both having the same Permanent Account Number as that of the said office; (62) “input tax” in relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services or both made to him and includes— (a) the integrated goods and services tax charged on import of goods; (b) the tax payable under the provisions of sub-sections (3) and (4) of section 9; (c) the tax payable under the provisions of sub-sections (3) and (4) of section 5 of the Integrated Goods and Services Tax Act; (d) the tax payable under the provisions of sub-sections (3) and (4) of section 9 of the respective State Goods and Services Tax Act; or (e) the tax payable under the provisions of sub-sections (3) and (4) of section 7 of the Union Territory Goods and Services Tax Act, 12 ----- but does not include the tax paid under the composition levy; (63) “input tax credit” means the credit of input tax; (64) “intra-State supply of goods” shall have the same meaning as assigned to it in section 8 of the Integrated Goods and Services Tax Act; (65) “intra-State supply of services” shall have the same meaning as assigned to it in section 8 of the Integrated Goods and Services Tax Act; (66) “invoice” or “tax invoice” means the tax invoice referred to in section 31; (67) “inward supply” in relation to a person, shall mean receipt of goods or services or both whether by purchase, acquisition or any other means with or without consideration; (68) “job work” means any treatment or process undertaken by a person on goods belonging to another registered person and the expression “job worker” shall be construed accordingly; (69) “local authority” means–– (a) a “Panchayat” as defined in clause (d) of article 243 of the Constitution; (b) a “Municipality” as defined in clause (e) of article 243P of the Constitution; (c) a Municipal Committee, a Zilla Parishad, a District Board, and any other authority legally entitled to, or entrusted by the Central Government or any State Government with the control or management of a municipal or local fund; (d) a Cantonment Board as defined in section 3 of the Cantonments Act, 2006 (41 of 2006); (e) a Regional Council or a District Council constituted under the Sixth Schedule to the Constitution; (f) a Development Board constituted under article 371 [1][and article 371J] of the Constitution; or (g) a Regional Council constituted under article 371A of the Constitution; (70) “location of the recipient of services” means,— (a) where a supply is received at a place of business for which the registration has been obtained, the location of such place of business; (b) where a supply is received at a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; (c) where a supply is received at more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and (d) in absence of such places, the location of the usual place of residence of the recipient; (71) “location of the supplier of services” means,— (a) where a supply is made from a place of business for which the registration has been obtained, the location of such place of business; (b) where a supply is made from a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; (c) where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provisions of the supply; and 1. Ins. by Act 31 of 2018, s. 2 (w.e.f. 1-2-2019). 13 ----- (d) in absence of such places, the location of the usual place of residence of the supplier; (72) “manufacture” means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term “manufacturer” shall be construed accordingly; (73) “market value” shall mean the full amount which a recipient of a supply is required to pay in order to obtain the goods or services or both of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related; (74) “mixed supply” means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply. _Illustration.— A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry_ _fruits, aerated drinks and fruit juices when supplied for a single price is a mixed supply. Each of these_ _items can be supplied separately and is not dependent on any other. It shall not be a mixed supply if_ _these items are supplied separately;_ (75) “money” means the Indian legal tender or any foreign currency, cheque, promissory note, bill of exchange, letter of credit, draft, pay order, traveller cheque, money order, postal or electronic remittance or any other instrument recognised by the Reserve Bank of India when used as a consideration to settle an obligation or exchange with Indian legal tender of another denomination but shall not include any currency that is held for its numismatic value; (76) “motor vehicle” shall have the same meaning as assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988); (77) “non-resident taxable person” means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India; (78) “non-taxable supply” means a supply of goods or services or both which is not leviable to tax under this Act or under the Integrated Goods and Services Tax Act; (79) “non-taxable territory” means the territory which is outside the taxable territory; (80) “notification” means a notification published in the Official Gazette and the expressions “notify” and “notified” shall be construed accordingly; 1[(80A) “online gaming” means offering of a game on the internet or an electronic network and includes online money gaming; (80B) “online money gaming” means online gaming in which players pay or deposit money or money's worth, including virtual digital assets, in the expectation of winning money or money's worth, including virtual digital assets, in any event including game, scheme, competition or any other activity or process, whether or not its outcome or performance is based on skill, chance or both and whether the same is permissible or otherwise under any other law for the time being in force;] (81) “other territory” includes territories other than those comprising in a State and those referred to in sub-clauses (a) to (e) of clause (114); (82) “output tax” in relation to a taxable person, means the tax chargeable under this Act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis; (83) “outward supply” in relation to a taxable person, means supply of goods or services or both, whether by sale, transfer, barter, exchange, licence, rental, lease or disposal or any other mode, made or agreed to be made by such person in the course or furtherance of business; (84) “person” includes— (a) an individual; 1. Ins. by Act 30 of 2023, s. 2 (w.e.f. 1-10-2023). 14 ----- (b) a Hindu Undivided Family; (c) a company; (d) a firm; (e) a Limited Liability Partnership; (f) an association of persons or a body of individuals, whether incorporated or not, in India or outside India; (g) any corporation established by or under any Central Act, State Act or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013); (h) any body corporate incorporated by or under the laws of a country outside India; (i) a co-operative society registered under any law relating to co-operative societies; (j) a local authority; (k) Central Government or a State Government; (l) society as defined under the Societies Registration Act, 1860 (21 of 1860); (m) trust; and (n) every artificial juridical person, not falling within any of the above; (85) “place of business” includes–– (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or (b) a place where a taxable person maintains his books of account; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called; (86) “place of supply” means the place of supply as referred to in Chapter V of the Integrated Goods and Services Tax Act; (87) “prescribed” means prescribed by rules made under this Act on the recommendations of the Council; (88) “principal” means a person on whose behalf an agent carries on the business of supply or receipt of goods or services or both; (89) “principal place of business” means the place of business specified as the principal place of business in the certificate of registration; (90) “principal supply” means the supply of goods or services which constitutes the predominant element of a composite supply and to which any other supply forming part of that composite supply is ancillary; (91) “proper officer” in relation to any function to be performed under this Act, means the Commissioner or the officer of the central tax who is assigned that function by the Commissioner in the Board; (92) “quarter” shall mean a period comprising three consecutive calendar months, ending on the last day of March, June, September and December of a calendar year; (93) “recipient” of supply of goods or services or both, means— (a) where a consideration is payable for the supply of goods or services or both, the person who is liable to pay that consideration; 15 ----- (b) where no consideration is payable for the supply of goods, the person to whom the goods are delivered or made available, or to whom possession or use of the goods is given or made available; and (c) where no consideration is payable for the supply of a service, the person to whom the service is rendered, and any reference to a person to whom a supply is made shall be construed as a reference to the recipient of the supply and shall include an agent acting as such on behalf of the recipient in relation to the goods or services or both supplied; (94) “registered person” means a person who is registered under section 25 but does not include a person having a Unique Identity Number; (95) “regulations” means the regulations made by the Board under this Act on the recommendations of the Council; (96) “removal” in relation to goods, means— (a) despatch of the goods for delivery by the supplier thereof or by any other person acting on behalf of such supplier; or (b) collection of the goods by the recipient thereof or by any other person acting on behalf of such recipient; (97) “return” means any return prescribed or otherwise required to be furnished by or under this Act or the rules made thereunder; (98) “reverse charge” means the liability to pay tax by the recipient of supply of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of section 9, or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act; (99) “Revisional Authority” means an authority appointed or authorised for revision of decision or orders as referred to in section 108; (100) “Schedule” means a Schedule appended to this Act; (101) “securities” shall have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (102) “services” means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged; 1[Explanation.––For the removal of doubts, it is hereby clarified that the expression “services” includes facilitating or arranging transactions in securities;] 2[(102A) “specified actionable claim” means the actionable claim involved in or by way of— (i) betting; (ii) casinos; (iii) gambling; (iv) horse racing; (v) lottery; or 1. The Explanation ins. by Act 31 of 2018, s. 2 (w.e.f. 1-2-2019). 2. Ins. by Act 30 of 2023, s. 2 (w.e.f. 1-10-2023). 16 ----- (vi) online money gaming;] (103) “State” includes a Union territory with Legislature; (104) “State tax” means the tax levied under any State Goods and Services Tax Act; (105) “supplier” in relation to any goods or services or both, shall mean the person supplying the said goods or services or both and shall include an agent acting as such on behalf of such supplier in relation to the goods or services or both supplied; 1[Provided that a person who organises or arranges, directly or indirectly, supply of specified actionable claims, including a person who owns, operates or manages digital or electronic platform for such supply, shall be deemed to be a supplier of such actionable claims, whether such actionable claims are supplied by him or through him and whether consideration in money or money's worth, including virtual digital assets, for supply of such actionable claims is paid or conveyed to him or through him or placed at his disposal in any manner, and all the provisions of this Act shall apply to such supplier of specified actionable claims, as if he is the supplier liable to pay the tax in relation to the supply of such actionable claims;] (106) “tax period” means the period for which the return is required to be furnished; (107) “taxable person” means a person who is registered or liable to be registered under section 22 or section 24; (108) “taxable supply” means a supply of goods or services or both which is leviable to tax under this Act; (109) “taxable territory” means the territory to which the provisions of this Act apply; (110) “telecommunication service” means service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means; (111) “the State Goods and Services Tax Act” means the respective State Goods and Services Tax Act, 2017; (112) “turnover in State” or “turnover in Union territory” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a State or Union territory by a taxable person, exports of goods or services or both and inter-State supplies of goods or services or both made from the State or Union territory by the said taxable person but excludes central tax, State tax, Union territory tax, integrated tax and cess; (113) “usual place of residence” means–– (a) in case of an individual, the place where he ordinarily resides; (b) in other cases, the place where the person is incorporated or otherwise legally constituted; (114) “Union territory” means the territory of— (a) the Andaman and Nicobar Islands; (b) Lakshadweep; 2[(c) Dadra and Nagar Haveli and Daman and Diu; (d) Ladakh;] 1. Ins. by Act 30 of 2023, s. 2 (w.e.f. 1-10-2023). 2. Subs. by Act 12 of 2020, s.118, for sub-clauses (c) and (d) (w.e.f. 30-6-2020). 17 ----- (e) Chandigarh; [1]*** 2[(ea) Ladakh; and;] (f) other territory. _Explanation.––For the purposes of this Act, each of the territories specified in sub-clauses (a)_ to (f) shall be considered to be a separate Union territory; (115) “Union territory tax” means the Union territory goods and services tax levied under the Union Territory Goods and Services Tax Act; (116) “Union Territory Goods and Services Tax Act” means the Union Territory Goods and Services Tax Act, 2017 (14 of 2017); (117) “valid return” means a return furnished under sub-section (1) of section 39 on which self-assessed tax has been paid in full; 3[(117A) “virtual digital asset” shall have the same meaning as assigned to it in clause (47A) of Section 2 of the Income Tax Act, 1961 (43 of 1961);] (118) “voucher” means an instrument where there is an obligation to accept it as consideration or part consideration for a supply of goods or services or both and where the goods or services or both to be supplied or the identities of their potential suppliers are either indicated on the instrument itself or in related documentation, including the terms and conditions of use of such instrument; (119) “works contract” means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract; (120) words and expressions used and not defined in this Act but defined in the Integrated Goods and Services Tax Act, the Union Territory Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act shall have the same meaning as assigned to them in those Acts; 4* - - - CHAPTER II ADMINISTRATION **3. Officers under this Act.––The Government shall, by notification, appoint the following classes of** officers for the purposes of this Act, namely:–– (a) Principal Chief Commissioners of Central Tax or Principal Directors General of Central Tax, (b) Chief Commissioners of Central Tax or Directors General of Central Tax, (c) Principal Commissioners of Central Tax or Principal Additional Directors General of Central Tax, (d) Commissioners of Central Tax or Additional Directors General of Central Tax, 1. The Word “and” omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, _vide_ Notification No. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020). *. Vide Notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 2. Ins. by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide Notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 3. Ins. by Act 30 of 2023, s. 2 (w.e.f. 1-10-2023). 4. Clause (121) omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E), dated (18-3-2020) and _vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws)_ Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 18 ----- (e) Additional Commissioners of Central Tax or Additional Directors of Central Tax, (f) Joint Commissioners of Central Tax or Joint Directors of Central Tax, (g) Deputy Commissioners of Central Tax or Deputy Directors of Central Tax, (h) Assistant Commissioners of Central Tax or Assistant Directors of Central Tax, and (i) any other class of officers as it may deem fit: Provided that the officers appointed under the Central Excise Act, 1944 (1 of 1944) shall be deemed to be the officers appointed under the provisions of this Act. **4. Appointment of officers.–– (1) The Board may, in addition to the officers as may be notified by the** Government under section 3, appoint such persons as it may think fit to be the officers under this Act. (2) Without prejudice to the provisions of sub-section (1), the Board may, by order, authorise any officer referred to in clauses (a) to (h) of section 3 to appoint officers of central tax below the rank of Assistant Commissioner of central tax for the administration of this Act. **5.** **Powers of officers.––(1) Subject to such conditions and limitations as the Board may impose, an** officer of central tax may exercise the powers and discharge the duties conferred or imposed on him under this Act. (2) An officer of central tax may exercise the powers and discharge the duties conferred or imposed under this Act on any other officer of central tax who is subordinate to him. (3) The Commissioner may, subject to such conditions and limitations as may be specified in this behalf by him, delegate his powers to any other officer who is subordinate to him. (4) Notwithstanding anything contained in this section, an Appellate Authority shall not exercise the powers and discharge the duties conferred or imposed on any other officer of central tax. **6. Authorisation of officers of State tax or Union territory tax as proper officer in certain** **circumstances.––(1) Without prejudice to the provisions of this Act, the officers appointed under the** State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act are authorised to be the proper officers for the purposes of this Act, subject to such conditions as the Government shall, on the recommendations of the Council, by notification, specify. (2) Subject to the conditions specified in the notification issued under sub-section (1),–– (a) where any proper officer issues an order under this Act, he shall also issue an order under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as authorised by the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as the case may be, under intimation to the jurisdictional officer of State tax or Union territory tax; (b) where a proper officer under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act has initiated any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under this Act on the same subject matter. (3) Any proceedings for rectification, appeal and revision, wherever applicable, of any order passed by an officer appointed under this Act shall not lie before an officer appointed under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act. CHAPTER III LEVY AND COLLECTION OF TAX **7. Scope of supply.––(1) For the purposes of this Act, the expression “supply” includes––** 19 ----- (a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business; 1[(aa) the activities or transactions, by a person, other than an individual, to its members or constituents or vice-versa, for cash, deferred payment or other valuable consideration. _Explanation.—For the purposes of this clause, it is hereby clarified that, notwithstanding anything_ contained in any other law for the time being in force or any judgment, decree or order of any Court, tribunal or authority, the person and its members or constituents shall be deemed to be two separate persons and the supply of activities or transactions inter se shall be deemed to take place from one such person to another;] (b) import of services for a consideration whether or not in the course or furtherance of business; 2[and] (c) the activities specified in Schedule I, made or agreed to be made without a consideration. [3]*** [4]* * * * * 5[(1A) Where certain activities or transactions constitute a supply in accordance with the provisions of sub-section (1), they shall be treated either as supply of goods or supply of services as referred to in Schedule II.] (2) Notwithstanding anything contained in sub-section (1),–– (a) activities or transactions specified in Schedule III; or (b) such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council, shall be treated neither as a supply of goods nor a supply of services. (3) Subject to the provisions of [6][sub-sections (1), (1A) and (2)], the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as— (a) a supply of goods and not as a supply of services; or (b) a supply of services and not as a supply of goods. **8. Tax liability on composite and mixed supplies.––The tax liability on a composite or a mixed** supply shall be determined in the following manner, namely:— (a) a composite supply comprising two or more supplies, one of which is a principal supply, shall be treated as a supply of such principal supply; and (b) a mixed supply comprising two or more supplies shall be treated as a supply of that particular supply which attracts the highest rate of tax. **9. Levy and collection.––(1) Subject to the provisions of sub-section (2), there shall be levied a tax** called the central goods and services tax on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 and at such rates, not exceeding twenty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person. 1. Ins. by Act 13 of 2021, s. 108 (w.e.f. 1-7-2017). 2. Ins. by Act 31 of 2018, s. 3 (w.e.f. 1-7-2017). 3. The word “and” omitted by s. 3, ibid. (w.e.f. 1-7-2017). 4. Clause (d) omitted by s. 3, ibid. (w.e.f. 1-7-2017). 5. Ins. by s. 3, ibid. (w.e.f. 1-7-2017). 6. Subs. by s. 3, ibid., for “sub-sections (1) and (2)” (w.e.f. 1-7-2017). 20 ----- (2) The central tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel shall be levied with effect from such date as may be notified by the Government on the recommendations of the Council. (3) The Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both. 1[(4) The Government may, on the recommendations of the Council, by notification, specify a class of registered persons who shall, in respect of supply of specified categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to such supply of goods or services or both.] (5) The Government may, on the recommendations of the Council, by notification, specify categories of services the tax on intra-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services: Provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax: Provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax. **10. Composition levy.––(1) Notwithstanding anything to the contrary contained in this Act but** subject to the provisions of sub-sections (3) and (4) of section 9, a registered person, whose aggregate turnover in the preceding financial year did not exceed fifty lakh rupees, may opt to pay, [2][in lieu of the tax payable by him under sub-section (1) of section 9, an amount of tax calculated at such rate] as may be prescribed, but not exceeding,–– (a) one per cent. of the turnover in State or turnover in Union territory in case of a manufacturer, (b) two and a half per cent. of the turnover in State or turnover in Union territory in case of persons engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II, and (c) half per cent. of the turnover in State or turnover in Union territory in case of other suppliers, subject to such conditions and restrictions as may be prescribed: Provided that the Government may, by notification, increase the said limit of fifty lakh rupees to such higher amount, not exceeding [3][one crore and fifty lakh rupees], as may be recommended by the Council: 4[Provided further that a person who opts to pay tax under clause (a) or clause (b) or clause (c) may supply services (other than those referred to in clause (b) of paragraph 6 of Schedule II), of value not exceeding ten per cent. of turnover in a State or Union territory in the preceding financial year or five lakh rupees, whichever is higher.] 5[Explanation.—For the purposes of second proviso, the value of exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount shall not be taken into account for determining the value of turnover in a State or Union territory.] (2) The registered person shall be eligible to opt under sub-section (1), if:— 1. Subs. by Act 31 of 2018, s. 4, for sub-section (4) (w.e.f. 1-2-2019). 2. Subs. by s. 5, ibid., for “in lieu of the tax payable by him, an amount calculated at such rate” (w.e.f. 1-2-2019). 3. Subs. by s. 5, ibid., for “one crore rupees” (w.e.f. 1-2-2019). 4. The proviso ins. by s. 5, ibid. (w.e.f. 1-2-2019). 5. The Explanation ins. by Act 23 of 2019, s. 93 (w.e.f. 1-1-2020). 21 ----- 1[(a) save as provided in sub-section (1), he is not engaged in the supply of services;] (b) he is not engaged in making any supply of goods [2][or services] which are not leviable to tax under this Act; (c) he is not engaged in making any inter-State outward supplies of goods [2][or services]; (d) he is not engaged in making any supply of [3]*** [2][services] through an electronic commerce operator who is required to collect tax at source under section 52; [4]*** (e) he is not a manufacturer of such goods as may be notified by the Government on the recommendations of the [5][Council; and] 6[(f) he is neither a casual taxable person nor a non-resident taxable person:] Provided that where more than one registered persons are having the same Permanent Account Number (issued under the Income-tax Act, 1961 (43 of 1961), the registered person shall not be eligible to opt for the scheme under sub-section (1) unless all such registered persons opt to pay tax under that sub-section. 6[(2A) Notwithstanding anything to the contrary contained in this Act, but subject to the provisions of sub-sections (3) and (4) of section 9, a registered person, not eligible to opt to pay tax under sub-section (1) and sub-section (2), whose aggregate turnover in the preceding financial year did not exceed fifty lakh rupees, may opt to pay, in lieu of the tax payable by him under sub-section (1) of section 9, an amount of tax calculated at such rate as may be prescribed, but not exceeding three per cent. of the turnover in State or turnover in Union territory, if he is not— (a) engaged in making any supply of goods or services which are not leviable to tax under this Act; (b) engaged in making any inter-State outward supplies of goods or services; (c) engaged in making any supply of [3]*** services through an electronic commerce operator who is required to collect tax at source under section 52; (d) a manufacturer of such goods or supplier of such services as may be notified by the Government on the recommendations of the Council; and (e) a casual taxable person or a non-resident taxable person: Provided that where more than one registered person are having the same Permanent Account Number issued under the Income-tax Act, 1961 (43 of 1961), the registered person shall not be eligible to opt for the scheme under this sub-section unless all such registered persons opt to pay tax under this sub-section.] (3) The option availed of by a registered person under sub-section (1) [6][or sub-section (2A), as the case may be] shall lapse with effect from the day on which his aggregate turnover during a financial year exceeds the limit specified under sub-section (1) [6][or sub-section (2A), as the case may be]. (4) A taxable person to whom the provisions of sub-section (1) [6][or, as the case may be, sub-section (2A)] apply shall not collect any tax from the recipient on supplies made by him nor shall he be entitled to any credit of input tax. (5) If the proper officer has reasons to believe that a taxable person has paid tax under sub-section (1) 6[or sub-section (2A), as the case may be,] despite not being eligible, such person shall, in addition to any tax that may be payable by him under any other provisions of this Act, be liable to a penalty and the provisions of section 73 or section 74 shall, mutatis mutandis, apply for determination of tax and penalty. 1. Subs. by Act 23 of 2019, s. 5, for clause (a) (w.e.f. 1-2-2019). 2. Ins. by Act 12 of 2020, s. 119 (w.e.f. 1-1-2021). 3. The Words “goods or” omitted by Act 8 of 2023, s. 137 (w.e.f. 1-10-2023). 4. The word “and” omitted by Act 23 of 2019, s. 93 (w.e.f. 1-1-2020). 5. Subs. by s. 93, ibid., for “Council” (w.e.f. 1-1-2020). 6. Ins. by s. 93, ibid. (w.e.f. 1-1-2020). 22 ----- 1[Explanation 1.—For the purposes of computing aggregate turnover of a person for determining his eligibility to pay tax under this section, the expression “aggregate turnover” shall include the value of supplies made by such person from the 1st day of April of a financial year up to the date when he becomes liable for registration under this Act, but shall not include the value of exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount. _Explanation 2.—For the purposes of determining the tax payable by a person under this section, the_ expression “turnover in State or turnover in Union territory” shall not include the value of following supplies, namely:— (i) supplies from the first day of April of a financial year up to the date when such person becomes liable for registration under this Act; and (ii) exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount.] **11. Power to grant exemption from tax.—(1) Where the Government is satisfied that it is necessary in** the public interest so to do, it may, on the recommendations of the Council, by notification, exempt generally, either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification. (2) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by special order in each case, under circumstances of an exceptional nature to be stated in such order, exempt from payment of tax any goods or services or both on which tax is leviable. (3) The Government may, if it considers necessary or expedient so to do for the purpose of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under sub-section (2), insert an explanation in such notification or order, as the case may be, by notification at any time within one year of issue of the notification under sub-section (1) or order under sub-section (2), and every such explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be. _Explanation.––For the purposes of this section, where an exemption in respect of any goods or_ services or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both. CHAPTER IV TIME AND VALUE OF SUPPLY **12. Time of supply of goods.—(1) The liability to pay tax on goods shall arise at the time of supply,** as determined in accordance with the provisions of this section. (2) The time of supply of goods shall be the earlier of the following dates, namely:— (a) the date of issue of invoice by the supplier or the last date on which he is required, under 2*** section 31, to issue the invoice with respect to the supply; or (b) the date on which the supplier receives the payment with respect to the supply: Provided that where the supplier of taxable goods receives an amount up to one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice in respect of such excess amount. _Explanation 1.––For the purposes of clauses (a) and (b), “supply” shall be deemed to have been made_ to the extent it is covered by the invoice or, as the case may be, the payment. 1. Ins. by Act 23 of 2019, s. 93 (w.e.f. 1-1-2020). 2. The words, brackets and figure “sub-section (1) of” omitted by Act 31 of 2018, s. 6 (w.e.f. 1-2-2019). 23 ----- _Explanation 2.––For the purposes of clause (b), “the date on which the supplier receives the payment”_ shall be the date on which the payment is entered in his books of account or the date on which the payment is credited to his bank account, whichever is earlier. (3) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earliest of the following dates, namely:— (a) the date of the receipt of goods; or (b) the date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or (c) the date immediately following thirty days from the date of issue of invoice or any other document, by whatever name called, in lieu thereof by the supplier: Provided that where it is not possible to determine the time of supply under clause (a) or clause (b) or clause (c), the time of supply shall be the date of entry in the books of account of the recipient of supply. (4) In case of supply of vouchers by a supplier, the time of supply shall be— (a) the date of issue of voucher, if the supply is identifiable at that point; or (b) the date of redemption of voucher, in all other cases. (5) Where it is not possible to determine the time of supply under the provisions of sub-section (2) or sub-section (3) or sub-section (4), the time of supply shall–– (a) in a case where a periodical return has to be filed, be the date on which such return is to be filed; or (b) in any other case, be the date on which the tax is paid. (6) The time of supply to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in value. **13. Time of supply of services.—(1) The liability to pay tax on services shall arise at the time of** supply, as determined in accordance with the provisions of this section. (2) The time of supply of services shall be the earliest of the following dates, namely:— (a) the date of issue of invoice by the supplier, if the invoice is issued within the period prescribed under [1]*** section 31 or the date of receipt of payment, whichever is earlier; or (b) the date of provision of service, if the invoice is not issued within the period prescribed under 1*** section 31 or the date of receipt of payment, whichever is earlier; or (c) the date on which the recipient shows the receipt of services in his books of account, in a case where the provisions of clause (a) or clause (b) do not apply: Provided that where the supplier of taxable service receives an amount up to one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice relating to such excess amount. _Explanation.––For the purposes of clauses (a) and (b)––_ (i) the supply shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the payment; (ii) “the date of receipt of payment” shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier. (3) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earlier of the following dates, namely:–– 1. The words, brackets and figure “sub-section (2) of” omitted by Act 31 of 2018, s. 7 (w.e.f. 1-2-2019). 24 ----- (a) the date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or (b) the date immediately following sixty days from the date of issue of invoice or any other document, by whatever name called, in lieu thereof by the supplier: Provided that where it is not possible to determine the time of supply under clause (a) or clause (b), the time of supply shall be the date of entry in the books of account of the recipient of supply: Provided further that in case of supply by associated enterprises, where the supplier of service is located outside India, the time of supply shall be the date of entry in the books of account of the recipient of supply or the date of payment, whichever is earlier. (4) In case of supply of vouchers by a supplier, the time of supply shall be–– (a) the date of issue of voucher, if the supply is identifiable at that point; or (b) the date of redemption of voucher, in all other cases. (5) Where it is not possible to determine the time of supply under the provisions of sub-section (2) or sub-section (3) or sub-section (4), the time of supply shall–– (a) in a case where a periodical return has to be filed, be the date on which such return is to be filed; or (b) in any other case, be the date on which the tax is paid. (6) The time of supply to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in value. **14. Change in rate of tax in respect of supply of goods or services.—Notwithstanding anything** contained in section 12 or section 13, the time of supply, where there is a change in the rate of tax in respect of goods or services or both, shall be determined in the following manner, namely:–– (a) in case the goods or services or both have been supplied before the change in rate of tax,–– (i) where the invoice for the same has been issued and the payment is also received after the change in rate of tax, the time of supply shall be the date of receipt of payment or the date of issue of invoice, whichever is earlier; or (ii) where the invoice has been issued prior to the change in rate of tax but payment is received after the change in rate of tax, the time of supply shall be the date of issue of invoice; or (iii) where the payment has been received before the change in rate of tax, but the invoice for the same is issued after the change in rate of tax, the time of supply shall be the date of receipt of payment; (b) in case the goods or services or both have been supplied after the change in rate of tax,–– (i) where the payment is received after the change in rate of tax but the invoice has been issued prior to the change in rate of tax, the time of supply shall be the date of receipt of payment; or (ii) where the invoice has been issued and payment is received before the change in rate of tax, the time of supply shall be the date of receipt of payment or date of issue of invoice, whichever is earlier; or (iii) where the invoice has been issued after the change in rate of tax but the payment is received before the change in rate of tax, the time of supply shall be the date of issue of invoice: Provided that the date of receipt of payment shall be the date of credit in the bank account if such credit in the bank account is after four working days from the date of change in the rate of tax. 25 ----- _Explanation.––For the purposes of this section, “the date of receipt of payment” shall be the date on_ which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier. **15. Value of taxable supply.—(1) The value of a supply of goods or services or both shall be the** transaction value, which is the price actually paid or payable for the said supply of goods or services or both where the supplier and the recipient of the supply are not related and the price is the sole consideration for the supply. (2) The value of supply shall include–– (a) any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this Act, the State Goods and Services Tax Act, the Union Territory Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act, if charged separately by the supplier; (b) any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both; (c) incidental expenses, including commission and packing, charged by the supplier to the recipient of a supply and any amount charged for anything done by the supplier in respect of the supply of goods or services or both at the time of, or before delivery of goods or supply of services; (d) interest or late fee or penalty for delayed payment of any consideration for any supply; and (e) subsidies directly linked to the price excluding subsidies provided by the Central Government and the State Governments. _Explanation.––For the purposes of this sub-section, the amount of subsidy shall be included in the_ value of supply of the supplier who receives the subsidy. (3) The value of the supply shall not include any discount which is given–– (a) before or at the time of the supply if such discount has been duly recorded in the invoice issued in respect of such supply; and (b) after the supply has been effected, if— (i) such discount is established in terms of an agreement entered into at or before the time of such supply and specifically linked to relevant invoices; and (ii) input tax credit as is attributable to the discount on the basis of document issued by the supplier has been reversed by the recipient of the supply. (4) Where the value of the supply of goods or services or both cannot be determined under sub-section (1), the same shall be determined in such manner as may be prescribed. (5) Notwithstanding anything contained in sub-section (1) or sub-section (4), the value of such supplies as may be notified by the Government on the recommendations of the Council shall be determined in such manner as may be prescribed. _Explanation.—For the purposes of this Act,––_ (a) persons shall be deemed to be “related persons” if–– (i) such persons are officers or directors of one another’s businesses; (ii) such persons are legally recognised partners in business; (iii) such persons are employer and employee; (iv) any person directly or indirectly owns, controls or holds twenty-five per cent. or more of the outstanding voting stock or shares of both of them; 26 ----- (v) one of them directly or indirectly controls the other; (vi) both of them are directly or indirectly controlled by a third person; (vii) together they directly or indirectly control a third person; or (viii) they are members of the same family; (b) the term “person” also includes legal persons; (c) persons who are associated in the business of one another in that one is the sole agent or sole distributor or sole concessionaire, howsoever described, of the other, shall be deemed to be related. CHAPTER V INPUT TAX CREDIT **16. Eligibility and conditions for taking input tax credit.—(1) Every registered person shall,** subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person. (2) Notwithstanding anything contained in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless,–– (a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed; 1[(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37.] (b) he has received the goods or services or both. 2[Explanation.—For the purposes of this clause, it shall be deemed that the registered person has received the goods or, as the case may be, services–– (i) where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise; (ii) where the services are provided by the supplier to any person on the direction of and on account of such registered person.] 3[(ba) the details of input tax credit in respect of the said supply communicated to such registered person under section 38 has not been restricted;] (c) subject to the provisions of [4][section 41 [5]***], the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and (d) he has furnished the return under section 39: Provided that where the goods against an invoice are received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment: 1. Ins. by Act 13 of 2021, s. 109 (w.e.f. 1-1-2022). 2. The Explanation subs. by Act 31 of 2018, s. 8 (w.e.f. 1-2-2019). 3. Ins. by Act 6 of 2022, s. 100 (w.e.f. 1-10-2022). 4. Subs. by Act 31 of 2018, s. 8, for “section 41” (w.e.f. 1-2-2019). 5. The words, figures and letter “or section 43A” omitted by Act 6 of 2022, s. 100 (w.e.f. 1-10-2022). 27 ----- Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be [1][paid by him along with interest payable under section 50], in such manner as may be prescribed: Provided also that the recipient shall be entitled to avail of the credit of input tax on payment made by him [2][to the supplier] of the amount towards the value of supply of goods or services or both along with tax payable thereon. (3) Where the registered person has claimed depreciation on the tax component of the cost of capital goods and plant and machinery under the provisions of the Income-tax Act, 1961(43 of 1961), the input tax credit on the said tax component shall not be allowed. (4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the [3][thirtieth day of November] following the end of financial year to which such invoice or [4]*** debit note pertains or furnishing of the relevant annual return, whichever is earlier. 5[Provided that the registered person shall be entitled to take input tax credit after the due date of furnishing of the return under section 39 for the month of September, 2018 till the due date of furnishing of the return under the said section for the month of March, 2019 in respect of any invoice or invoice relating to such debit note for supply of goods or services or both made during the financial year 2017-18, the details of which have been uploaded by the supplier under sub-section (1) of section 37 till the due date for furnishing the details under sub-section (1) of said section for the month of March, 2019.] 6[(5) Notwithstanding anything contained in sub-section (4), in respect of an invoice or debit note for supply of goods or services or both pertaining to the Financial Years 2017-18, 2018-19, 2019-20 and 2020-21, the registered person shall be entitled to take input tax credit in any return under section 39 which is filed up to the thirtieth day of November, 2021. (6) Where registration of a registered person is cancelled under section 29 and subsequently the cancellation of registration is revoked by any order, either under section 30 or pursuant to any order made by the Appellate Authority or the Appellate Tribunal or court and where availment of input tax credit in respect of an invoice or debit note was not restricted under sub-section (4) on the date of order of cancellation of registration, the said person shall be entitled to take the input tax credit in respect of such invoice or debit note for supply of goods or services or both, in a return under section 39,–– (i) filed up to thirtieth day of November following the financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier; or (ii) for the period from the date of cancellation of registration or the effective date of cancellation of registration, as the case may be, till the date of order of revocation of cancellation of registration, where such return is filed within thirty days from the date of order of revocation of cancellation of registration, whichever is later.] **17. Apportionment of credit and blocked credits.—(1) Where the goods or services or both are used** by the registered person partly for the purpose of any business and partly for other purposes, the amount of credit shall be restricted to so much of the input tax as is attributable to the purposes of his business. 1. Subs. by Act 8 of 2023, s. 138, for “added to his output tax liability, along with interest thereon” (w.e.f. 1-10-2023). 2. Ins. by s. 138, ibid. (w.e.f. 1-10-2023). 3. Subs. by Act 6 of 2022, s. 100, for “due date of furnishing of the return under section 39 for the month of September” (w.e.f. 1-10-2022). 4. The words “invoice relation to such” omitted by Act 12 of 2020, s. 120 (w.e.f. 1-01-2021). 5. Ins. by Order No. 02/2018-Central Tax dated 31-12-2018. 6. Ins. by Act 15 of 2024, s. 118 (w.e.f. 1-07-2017). 28 ----- (2) Where the goods or services or both are used by the registered person partly for effecting taxable supplies including zero-rated supplies under this Act or under the Integrated Goods and Services Tax Act and partly for effecting exempt supplies under the said Acts, the amount of credit shall be restricted to so much of the input tax as is attributable to the said taxable supplies including zero-rated supplies. (3) The value of exempt supply under sub-section (2) shall be such as may be prescribed, and shall include supplies on which the recipient is liable to pay tax on reverse charge basis, transactions in securities, sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building. 1[Explanation.—For the purposes of this sub-section, the expression ‘‘value of exempt supply’’ shall not include the value of activities or transactions specified in Schedule III, [2][except,— (i) the value of activities or transactions specified in paragraph 5 of the said Schedule; and. (ii) the value of such activities or transactions as may be prescribed in respect of clause (a) of paragraph 8 of the said Schedule.]] (4) A banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances shall have the option to either comply with the provisions of sub-section (2), or avail of, every month, an amount equal to fifty per cent. of the eligible input tax credit on inputs, capital goods and input services in that month and the rest shall lapse: Provided that the option once exercised shall not be withdrawn during the remaining part of the financial year: Provided further that the restriction of fifty per cent. shall not apply to the tax paid on supplies made by one registered person to another registered person having the same Permanent Account Number. (5) Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of the following, namely:— 3[(a) motor vehicles for transportation of persons having approved seating capacity of not more than thirteen persons (including the driver), except when they are used for making the following taxable supplies, namely:— (A) further supply of such motor vehicles; or (B) transportation of passengers; or (C) imparting training on driving such motor vehicles; (aa) vessels and aircraft except when they are used–– (i) for making the following taxable supplies, namely:— (A) further supply of such vessels or aircraft; or (B) transportation of passengers; or (C) imparting training on navigating such vessels; or (D) imparting training on flying such aircraft; (ii) for transportation of goods; (ab) services of general insurance, servicing, repair and maintenance in so far as they relate to motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa): Provided that the input tax credit in respect of such services shall be available— (i) where the motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) are used for the purposes specified therein; (ii) where received by a taxable person engaged— 1. The Explanation ins. by Act 31 of 2018, s. 9 (w.e.f. 1-2-2019). 2. Subs. by Act 8 of 2023, s. 139, for “except those specified in paragraph 5 of the said Schedule” (w.e.f. 1-10-2023). 3. Subs. by Act 31 of 2018, s. 9, for clauses (a) and (b) (w.e.f. 1-2-2019). 29 ----- (I) in the manufacture of such motor vehicles, vessels or aircraft; or (II) in the supply of general insurance services in respect of such motor vehicles, vessels or aircraft insured by him; (b) the following supply of goods or services or both— (i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, leasing, renting or hiring of motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) except when used for the purposes specified therein, life insurance and health insurance: Provided that the input tax credit in respect of such goods or services or both shall be available where an inward supply of such goods or services or both is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply; (ii) membership of a club, health and fitness centre; and (iii) travel benefits extended to employees on vacation such as leave or home travel concession: Provided that the input tax credit in respect of such goods or services or both shall be available, where it is obligatory for an employer to provide the same to its employees under any law for the time being in force.] (c) works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service; (d) goods or services or both received by a taxable person for construction of an immovable property (other than plant or machinery) on his own account including when such goods or services or both are used in the course or furtherance of business. _Explanation.––For the purposes of clauses (c) and (d), the expression “construction” includes_ re-construction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property; (e) goods or services or both on which tax has been paid under section 10; (f) goods or services or both received by a non-resident taxable person except on goods imported by him; 1[(fa) goods or services or both received by a taxable person, which are used or intended to be used for activities relating to his obligations under corporate social responsibility referred to in section 135 of the Companies Act, 2013 (18 of 2013);] (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and (i) any tax paid in accordance with the provisions of sections 74, 129 and 130. (6) The Government may prescribe the manner in which the credit referred to in sub-sections (1) and (2) may be attributed. _Explanation.––For the purposes of this Chapter and Chapter VI, the expression “plant and machinery”_ means apparatus, equipment, and machinery fixed to earth by foundation or structural support that are used for making outward supply of goods or services or both and includes such foundation and structural supports but excludes— (i) land, building or any other civil structures; (ii) telecommunication towers; and (iii) pipelines laid outside the factory premises.] 1. Ins. by Act 8 of 2023, s. 139 (w.e.f. 1-10-2023). 30 ----- **18. Availability of credit in special circumstances.—(1) Subject to such conditions and restrictions** as may be prescribed— (a) a person who has applied for registration under this Act within thirty days from the date on which he becomes liable to registration and has been granted such registration shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date from which he becomes liable to pay tax under the provisions of this Act; (b) a person who takes registration under sub-section (3) of section 25 shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of grant of registration; (c) where any registered person ceases to pay tax under section 10, he shall be entitled to take credit of input tax in respect of inputs held in stock, inputs contained in semi-finished or finished goods held in stock and on capital goods on the day immediately preceding the date from which he becomes liable to pay tax under section 9: Provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed; (d) where an exempt supply of goods or services or both by a registered person becomes a taxable supply, such person shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock relatable to such exempt supply and on capital goods exclusively used for such exempt supply on the day immediately preceding the date from which such supply becomes taxable: Provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed. (2) A registered person shall not be entitled to take input tax credit under sub-section (1) in respect of any supply of goods or services or both to him after the expiry of one year from the date of issue of tax invoice relating to such supply. (3) Where there is a change in the constitution of a registered person on account of sale, merger, demerger, amalgamation, lease or transfer of the business with the specific provisions for transfer of liabilities, the said registered person shall be allowed to transfer the input tax credit which remains unutilised in his electronic credit ledger to such sold, merged, demerged, amalgamated, leased or transferred business in such manner as may be prescribed. (4) Where any registered person who has availed of input tax credit opts to pay tax under section 10 or, where the goods or services or both supplied by him become wholly exempt, he shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock and on capital goods, reduced by such percentage points as may be prescribed, on the day immediately preceding the date of exercising of such option or, as the case may be, the date of such exemption: Provided that after payment of such amount, the balance of input tax credit, if any, lying in his electronic credit ledger shall lapse. (5) The amount of credit under sub-section (1) and the amount payable under sub-section (4) shall be calculated in such manner as may be prescribed. (6) In case of supply of capital goods or plant and machinery, on which input tax credit has been taken, the registered person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery determined under section 15, whichever is higher: Provided that where refractory bricks, moulds and dies, jigs and fixtures are supplied as scrap, the taxable person may pay tax on the transaction value of such goods determined under section 15. 31 ----- **19. Taking input tax credit in respect of inputs and capital goods sent for job work.—(1) The** principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on inputs sent to a job worker for job work. (2) Notwithstanding anything contained in clause (b) of sub-section (2) of section 16, the principal shall be entitled to take credit of input tax on inputs even if the inputs are directly sent to a job worker for job work without being first brought to his place of business. (3) Where the inputs sent for job work are not received back by the principal after completion of job work or otherwise or are not supplied from the place of business of the job worker in accordance with clause (a) or clause (b) of sub-section (1) of section 143 within one year of being sent out, it shall be deemed that such inputs had been supplied by the principal to the job worker on the day when the said inputs were sent out: Provided that where the inputs are sent directly to a job worker, the period of one year shall be counted from the date of receipt of inputs by the job worker. (4) The principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on capital goods sent to a job worker for job work. (5) Notwithstanding anything contained in clause (b) of sub-section (2) of section 16, the principal shall be entitled to take credit of input tax on capital goods even if the capital goods are directly sent to a job worker for job work without being first brought to his place of business. (6) Where the capital goods sent for job work are not received back by the principal within a period of three years of being sent out, it shall be deemed that such capital goods had been supplied by the principal to the job worker on the day when the said capital goods were sent out: Provided that where the capital goods are sent directly to a job worker, the period of three years shall be counted from the date of receipt of capital goods by the job worker. (7) Nothing contained in sub-section (3) or sub-section (6) shall apply to moulds and dies, jigs and fixtures, or tools sent out to a job worker for job work. _Explanation.––For the purpose of this section, “principal” means the person referred to in_ section 143. **20. Manner of distribution of credit by Input Service Distributor.—(1) The Input Service** Distributor shall distribute the credit of central tax as central tax or integrated tax and integrated tax as integrated tax or central tax, by way of issue of a document containing the amount of input tax credit being distributed in such manner as may be prescribed. (2) The Input Service Distributor may distribute the credit subject to the following conditions, namely:–– (a) the credit can be distributed to the recipients of credit against a document containing such details as may be prescribed; (b) the amount of the credit distributed shall not exceed the amount of credit available for distribution; (c) the credit of tax paid on input services attributable to a recipient of credit shall be distributed only to that recipient; (d) the credit of tax paid on input services attributable to more than one recipient of credit shall be distributed amongst such recipients to whom the input service is attributable and such distribution shall be _pro rata_ on the basis of the turnover in a State or turnover in a Union territory of such recipient, during the relevant period, to the aggregate of the turnover of all such recipients to whom such input service is attributable and which are operational in the current year, during the said relevant period; (e) the credit of tax paid on input services attributable to all recipients of credit shall be distributed amongst such recipients and such distribution shall be pro rata on the basis of the turnover in a State or 32 ----- turnover in a Union territory of such recipient, during the relevant period, to the aggregate of the turnover of all recipients and which are operational in the current year, during the said relevant period. _Explanation.––For the purposes of this section,––_ (a) the “relevant period” shall be–– (i) if the recipients of credit have turnover in their States or Union territories in the financial year preceding the year during which credit is to be distributed, the said financial year; or (ii) if some or all recipients of the credit do not have any turnover in their States or Union territories in the financial year preceding the year during which the credit is to be distributed, the last quarter for which details of such turnover of all the recipients are available, previous to the month during which credit is to be distributed; (b) the expression “recipient of credit” means the supplier of goods or services or both having the same Permanent Account Number as that of the Input Service Distributor; (c) the term “turnover”, in relation to any registered person engaged in the supply of taxable goods as well as goods not taxable under this Act, means the value of turnover, reduced by the amount of any duty or tax levied [1][under entries 84 and 92A] of List I of the Seventh Schedule to the Constitution and entries 51 and 54 of List II of the said Schedule. **21. Manner of recovery of credit distributed in excess.—Where the Input Service Distributor** distributes the credit in contravention of the provisions contained in section 20 resulting in excess distribution of credit to one or more recipients of credit, the excess credit so distributed shall be recovered from such recipients along with interest, and the provisions of section 73 or section 74, as the case may be, shall, mutatis mutandis, apply for determination of amount to be recovered. CHAPTER VI REGISTRATION **22. Persons liable for registration.—(1) Every supplier shall be liable to be registered under this Act** in the State or Union territory, other than special category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds twenty lakh rupees: Provided that where such person makes taxable supplies of goods or services or both from any of the special category States, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh rupees. 2[Provided further that the Government may, at the request of a special category State and on the recommendations of the Council, enhance the aggregate turnover referred to in the first proviso from ten lakh rupees to such amount, not exceeding twenty lakh rupees and subject to such conditions and limitations, as may be so notified.] 3[Provided also that the Government may, at the request of a State and on the recommendations of the Council, enhance the aggregate turnover from twenty lakh rupees to such amount not exceeding forty lakh rupees in case of supplier who is engaged exclusively in the supply of goods, subject to such conditions and limitations, as may be notified. _Explanation.—For the purposes of this sub-section, a person shall be considered to be engaged_ exclusively in the supply of goods even if he is engaged in exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount.] (2) Every person who, on the day immediately preceding the appointed day, is registered or holds a licence under an existing law, shall be liable to be registered under this Act with effect from the appointed day. 1. Subs. by Act 31 of 2018, s. 10, for “under entry 84” (w.e.f. 1-2-2019). 2. The proviso ins. by s. 11, ibid. (w.e.f. 1-2-2019). 3. Ins. by Act 23 of 2019, s. 94 (w.e.f. 1-1-2020). 33 ----- (3) Where a business carried on by a taxable person registered under this Act is transferred, whether on account of succession or otherwise, to another person as a going concern, the transferee or the successor, as the case may be, shall be liable to be registered with effect from the date of such transfer or succession. (4) Notwithstanding anything contained in sub-sections (1) and (3), in a case of transfer pursuant to sanction of a scheme or an arrangement for amalgamation or, as the case may be, demerger of two or more companies pursuant to an order of a High Court, Tribunal or otherwise, the transferee shall be liable to be registered, with effect from the date on which the Registrar of Companies issues a certificate of incorporation giving effect to such order of the High Court or Tribunal. _Explanation.––For the purposes of this section,––_ (i) the expression “aggregate turnover” shall include all supplies made by the taxable person, whether on his own account or made on behalf of all his principals; (ii) the supply of goods, after completion of job work, by a registered job worker shall be treated as the supply of goods by the principal referred to in section 143, and the value of such goods shall not be included in the aggregate turnover of the registered job worker; (iii) the expression “special category States” shall mean the States as specified in sub-clause (g) of clause (4) of article 279A of the Constitution [1][except the State of Jammu and Kashmir*] [2][and States of Arunachal Pradesh, Assam, Himachal Pradesh, Meghalaya, Sikkim and Uttarakhand]. **23. Persons not liable for registration.—(1) The following persons shall not be liable to registration,** namely:–– (a) any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act; (b) an agriculturist, to the extent of supply of produce out of cultivation of land. 3[(2) Notwithstanding anything to the contrary contained in sub-section (1) of section 22 or section 24, the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, specify the category of persons who may be exempted from obtaining registration under this Act.] **24. Compulsory registration in certain cases.—Notwithstanding anything contained in** sub-section (1) of section 22, the following categories of persons shall be required to be registered under this Act,–– (i) persons making any inter-State taxable supply; (ii) casual taxable persons making taxable supply; (iii) persons who are required to pay tax under reverse charge; (iv) person who are required to pay tax under sub-section (5) of section 9; (v) non-resident taxable persons making taxable supply; (vi) persons who are required to deduct tax under section 51, whether or not separately registered under this Act; (vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise; 1. Ins. by Act 26 of 2017, s. 2 (w.e.f. 8-7-2017). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 2. Ins. by Act 31 of 2018, s. 11 (w.e.f. 1-2-2019). 3. Subs. by Act 8 of 2023, s. 140, for sub-section (2) (w.e.f. 1-7-2017). 34 ----- (viii) Input Service Distributor, whether or not separately registered under this Act; (ix) persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52; (x) every electronic commerce operator [1][who is required to collect tax at source under section 52]; (xi) every person supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered person; [2]*** 3[(xia) every person supplying online money gaming from a place outside India to a person in India; and] (xii) such other person or class of persons as may be notified by the Government on the recommendations of the Council. **25. Procedure for registration.—(1) Every person who is liable to be registered under section 22 or** section 24 shall apply for registration in every such State or Union territory in which he is so liable within thirty days from the date on which he becomes liable to registration, in such manner and subject to such conditions as may be prescribed: Provided that a casual taxable person or a non-resident taxable person shall apply for registration at least five days prior to the commencement of business. 4[Provided further that a person having a unit, as defined in the Special Economic Zones Act, 2005, (28 of 2005) in a Special Economic Zone or being a Special Economic Zone developer shall have to apply for a separate registration, as distinct from his place of business located outside the Special Economic Zone in the same State or Union territory.] _Explanation.—Every person who makes a supply from the territorial waters of India shall obtain_ registration in the coastal State or Union territory where the nearest point of the appropriate baseline is located. (2) A person seeking registration under this Act shall be granted a single registration in a State or Union territory: 5[Provided that a person having multiple places of business in a State or Union territory may be granted a separate registration for each such place of business, subject to such conditions as may be prescribed.] (3) A person, though not liable to be registered under section 22 or section 24 may get himself registered voluntarily, and all provisions of this Act, as are applicable to a registered person, shall apply to such person. (4) A person who has obtained or is required to obtain more than one registration, whether in one State or Union territory or more than one State or Union territory shall, in respect of each such registration, be treated as distinct persons for the purposes of this Act. (5) Where a person who has obtained or is required to obtain registration in a State or Union territory in respect of an establishment, has an establishment in another State or Union territory, then such establishments shall be treated as establishments of distinct persons for the purposes of this Act. (6) Every person shall have a Permanent Account Number issued under the Income-tax Act, 1961 (43 of 1961) in order to be eligible for grant of registration: Provided that a person required to deduct tax under section 51 may have, in lieu of a Permanent Account Number, a Tax Deduction and Collection Account Number issued under the said Act in order to be eligible for grant of registration. 1. Ins. by Act 31 of 2018, s. 12 (w.e.f. 1-2-2019). 2. The word “and” omitted by Act 30 of 2023, s. 3 (w.e.f. 1-10-2023). 3. Ins. by s. 3, ibid. (w.e.f. 1-10-2023). 4. The proviso ins. by Act 31 of 2018, s. 13 (w.e.f. 1-2-2019). 5. Subs. by s. 13, ibid., for the proviso (w.e.f. 1-2-2019). 35 ----- 1[(6A) Every registered person shall undergo authentication, or furnish proof of possession of Aadhaar number, in such form and manner and within such time as may be prescribed: Provided that if an Aadhaar number is not assigned to the registered person, such person shall be offered alternate and viable means of identification in such manner as Government may, on the recommendations of the Council, prescribe: Provided further that in case of failure to undergo authentication or furnish proof of possession of Aadhaar number or furnish alternate and viable means of identification, registration allotted to such person shall be deemed to be invalid and the other provisions of this Act shall apply as if such person does not have a registration. (6B) On and from the date of notification, every individual shall, in order to be eligible for grant of registration, undergo authentication, or furnish proof of possession of Aadhaar number, in such manner as the Government may, on the recommendations of the Council, specify in the said notification: Provided that if an Aadhaar number is not assigned to an individual, such individual shall be offered alternate and viable means of identification in such manner as the Government may, on the recommendations of the Council, specify in the said notification. (6C) On and from the date of notification, every person, other than an individual, shall, in order to be eligible for grant of registration, undergo authentication, or furnish proof of possession of Aadhaar number of the Karta, Managing Director, whole time Director, such number of partners, Members of Managing Committee of Association, Board of Trustees, authorised representative, authorised signatory and such other class of persons, in such manner, as the Government may, on the recommendations of the Council, specify in the said notification: Provided that where such person or class of persons have not been assigned the Aadhaar Number, such person or class of persons shall be offered alternate and viable means of identification in such manner as the Government may, on the recommendations of the Council, specify in the said notification. (6D) The provisions of sub-section (6A) or sub-section (6B) or sub-section (6C) shall not apply to such person or class of persons or any State or Union territory or part thereof, as the Government may, on the recommendations of the Council, specify by notification. _Explanation.—For the purposes of this section, the expression “Aadhaar number” shall have the same_ meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).] (7) Notwithstanding anything contained in sub-section (6), a non-resident taxable person may be granted registration under sub-section (1) on the basis of such other documents as may be prescribed. (8) Where a person who is liable to be registered under this Act fails to obtain registration, the proper officer may, without prejudice to any action which may be taken under this Act or under any other law for the time being in force, proceed to register such person in such manner as may be prescribed. (9) Notwithstanding anything contained in sub-section (1),–– (a) any specialised agency of the United Nations Organisation or any Multilateral Financial Institution and Organisation notified under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947), Consulate or Embassy of foreign countries; and (b) any other person or class of persons, as may be notified by the Commissioner, shall be granted a Unique Identity Number in such manner and for such purposes, including refund of taxes on the notified supplies of goods or services or both received by them, as may be prescribed. (10) The registration or the Unique Identity Number shall be granted or rejected after due verification in such manner and within such period as may be prescribed. (11) A certificate of registration shall be issued in such form and with effect from such date as may be prescribed. 1. Ins. by Act 23 of 2019, s. 95 (w.e.f. 1-1-2020). 36 ----- (12) A registration or a Unique Identity Number shall be deemed to have been granted after the expiry of the period prescribed under sub-section (10), if no deficiency has been communicated to the applicant within that period. **26. Deemed registration.—(1) The grant of registration or the Unique Identity Number under the State** Goods and Services Tax Act or the Union Territory Goods and Services Tax Act shall be deemed to be a grant of registration or the Unique Identity Number under this Act subject to the condition that the application for registration or the Unique Identity Number has not been rejected under this Act within the time specified in sub-section (10) of section 25. (2) Notwithstanding anything contained in sub-section (10) of section 25, any rejection of application for registration or the Unique Identity Number under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act shall be deemed to be a rejection of application for registration under this Act. **27. Special provisions relating to casual taxable person and non-resident taxable person.—(1)** The certificate of registration issued to a casual taxable person or a non-resident taxable person shall be valid for the period specified in the application for registration or ninety days from the effective date of registration, whichever is earlier and such person shall make taxable supplies only after the issuance of the certificate of registration: Provided that the proper officer may, on sufficient cause being shown by the said taxable person, extend the said period of ninety days by a further period not exceeding ninety days. (2) A casual taxable person or a non-resident taxable person shall, at the time of submission of application for registration under sub-section (1) of section 25, make an advance deposit of tax in an amount equivalent to the estimated tax liability of such person for the period for which the registration is sought: Provided that where any extension of time is sought under sub-section (1), such taxable person shall deposit an additional amount of tax equivalent to the estimated tax liability of such person for the period for which the extension is sought. (3) The amount deposited under sub-section (2) shall be credited to the electronic cash ledger of such person and shall be utilised in the manner provided under section 49. **28. Amendment of registration.—(1) Every registered person and a person to whom a Unique** Identity Number has been assigned shall inform the proper officer of any changes in the information furnished at the time of registration or subsequent thereto, in such form and manner and within such period as may be prescribed. (2) The proper officer may, on the basis of information furnished under sub-section (1) or as ascertained by him, approve or reject amendments in the registration particulars in such manner and within such period as may be prescribed: Provided that approval of the proper officer shall not be required in respect of amendment of such particulars as may be prescribed: Provided further that the proper officer shall not reject the application for amendment in the registration particulars without giving the person an opportunity of being heard. (3) Any rejection or approval of amendments under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a rejection or approval under this Act. **29. Cancellation** **[1][or suspension] of registration.—(1) The proper officer may, either on his own** motion or on an application filed by the registered person or by his legal heirs, in case of death of such 1. Ins. by Act 31 of 2018, s. 14 (w.e.f. 1-2-2019). 37 ----- person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the circumstances where,–– (a) the business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or (b) there is any change in the constitution of the business; or 1[(c) the taxable person is no longer liable to be registered under section 22 or section 24 or intends to optout of the registration voluntarily made under sub-section (3) of section 25:] 2[Provided that during pendency of the proceedings relating to cancellation of registration filed by the registered person, the registration may be suspended for such period and in such manner as may be prescribed.] (2) The proper officer may cancel the registration of a person from such date, including any retrospective date, as he may deem fit, where,–– (a) a registered person has contravened such provisions of the Act or the rules made thereunder as may be prescribed; or (b) a person paying tax under section 10 has not furnished [3][the return for a financial year beyond three months from the due date of furnishing the said return]; or (c) any registered person, other than a person specified in clause (b), has not furnished returns for 4[such continuous tax period as may be prescribed]; or (d) any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months from the date of registration; or (e) registration has been obtained by means of fraud, wilful misstatement or suppression of facts: Provided that the proper officer shall not cancel the registration without giving the person an opportunity of being heard. [2][Provided further that during pendency of the proceedings relating to cancellation of registration, the proper officer may suspend the registration for such period and in such manner as may be prescribed.] (3) The cancellation of registration under this section shall not affect the liability of the person to pay tax and other dues under this Act or to discharge any obligation under this Act or the rules made thereunder for any period prior to the date of cancellation whether or not such tax and other dues are determined before or after the date of cancellation. (4) The cancellation of registration under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a cancellation of registration under this Act. (5) Every registered person whose registration is cancelled shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock or capital goods or plant and machinery on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher, calculated in such manner as may be prescribed: Provided that in case of capital goods or plant and machinery, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery, reduced by such 1. Subs. by Act 12 of 2020, s. 121, for clause (c) (w.e.f. 1-1-2021). 2. The proviso ins. by Act 31 of 2018, s. 14 (w.e.f. 1-2-2019). 3. Subs. by Act 6 of 2022, s. 101, for “returns for three consecutive tax periods” (w.e.f. 1-10-2022). 4. Subs. by s. 101, ibid., for “a continuous period of six months” (w.e.f. 1-10-2022). 38 ----- percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery under section 15, whichever is higher. (6) The amount payable under sub-section (5) shall be calculated in such manner as may be prescribed. **30. Revocation of cancellation of registration.—(1) Subject to such conditions as may be prescribed,** any registered person, whose registration is cancelled by the proper officer on his own motion, may apply to such officer for revocation of cancellation of the registration in [1][such manner, within such time and subject to such conditions and restrictions, as may be prescribed.] 2[* - - - *.] (2) The proper officer may, in such manner and within such period as may be prescribed, by order, either revoke cancellation of the registration or reject the application: Provided that the application for revocation of cancellation of registration shall not be rejected unless the applicant has been given an opportunity of being heard. (3) The revocation of cancellation of registration under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a revocation of cancellation of registration under this Act. CHAPTER VII TAX INVOICE, CREDIT AND DEBIT NOTES **31. Tax invoice.—(1) A registered person supplying taxable goods shall, before or at the time of,—** (a) removal of goods for supply to the recipient, where the supply involves movement of goods; or (b) delivery of goods or making available thereof to the recipient, in any other case, issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as may be prescribed: Provided that the Government may, on the recommendations of the Council, by notification, specify the categories of goods or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed. (2) A registered person supplying taxable services shall, before or after the provision of service but within a prescribed period, issue a tax invoice, showing the description, value, tax charged thereon and such other particulars as may be prescribed: 3[Provided that the Government may, on the recommendations of the Council, by notification,–– (a) specify the categories of services or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed; (b) subject to the condition mentioned therein, specify the categories of services in respect of which–– (i) any other document issue in relation to the supply shall be deemed to be a tax invoice; or (ii) tax invoice may not be issued.] (3) Notwithstanding anything contained in sub-sections (1) and (2)–– 1. Subs. by Act 8 of 2023, s. 141, for “the prescribed manner within thirty days from the date of service of the cancellation order:” (w.e.f. 1-10-2023). 2. Omitted by s. 141, ibid. (w.e.f. 1-10-2023). 3. The Proviso subs. by Act 12 of 2020, s. 123 (w.e.f. 1-1-2021). 39 ----- (a) a registered person may, within one month from the date of issuance of certificate of registration and in such manner as may be prescribed, issue a revised invoice against the invoice already issued during the period beginning with the effective date of registration till the date of issuance of certificate of registration to him; (b) a registered person may not issue a tax invoice if the value of the goods or services or both supplied is less than two hundred rupees subject to such conditions and in such manner as may be prescribed; (c) a registered person supplying exempted goods or services or both or paying tax under the provisions of section 10 shall issue, instead of a tax invoice, a bill of supply containing such particulars and in such manner as may be prescribed: Provided that the registered person may not issue a bill of supply if the value of the goods or services or both supplied is less than two hundred rupees subject to such conditions and in such manner as may be prescribed; (d) a registered person shall, on receipt of advance payment with respect to any supply of goods or services or both, issue a receipt voucher or any other document, containing such particulars as may be prescribed, evidencing receipt of such payment; (e) where, on receipt of advance payment with respect to any supply of goods or services or both the registered person issues a receipt voucher, but subsequently no supply is made and no tax invoice is issued in pursuance thereof, the said registered person may issue to the person who had made the payment, a refund voucher against such payment; (f) a registered person who is liable to pay tax under sub-section (3) or sub-section (4) of section 9 shall issue an invoice in respect of goods or services or both received by him from the supplier who is not registered on the date of receipt of goods or services or both; (g) a registered person who is liable to pay tax under sub-section (3) or sub-section (4) of section 9 shall issue a payment voucher at the time of making payment to the supplier. (4) In case of continuous supply of goods, where successive statements of accounts or successive payments are involved, the invoice shall be issued before or at the time each such statement is issued or, as the case may be, each such payment is received. (5) Subject to the provisions of clause (d) of sub-section (3), in case of continuous supply of services,–– (a) where the due date of payment is ascertainable from the contract, the invoice shall be issued on or before the due date of payment; (b) where the due date of payment is not ascertainable from the contract, the invoice shall be issued before or at the time when the supplier of service receives the payment; (c) where the payment is linked to the completion of an event, the invoice shall be issued on or before the date of completion of that event. (6) In a case where the supply of services ceases under a contract before the completion of the supply, the invoice shall be issued at the time when the supply ceases and such invoice shall be issued to the extent of the supply made before such cessation. (7) Notwithstanding anything contained in sub-section (1), where the goods being sent or taken on approval for sale or return are removed before the supply takes place, the invoice shall be issued before or at the time of supply or six months from the date of removal, whichever is earlier. _Explanation.––For the purposes of this section, the expression “tax invoice” shall include any revised_ invoice issued by the supplier in respect of a supply made earlier. 1[31A. Facility of digital payment to recipient.—The Government may, on the recommendations of the Council, prescribe a class of registered persons who shall provide prescribed modes of electronic 1. Ins. by Act 23 of 2019, s. 96 (w.e.f. 1-1-2020). 40 ----- payment to the recipient of supply of goods or services or both made by him and give option to such recipient to make payment accordingly, in such manner and subject to such conditions and restrictions, as may be prescribed.] **32. Prohibition of unauthorised collection of tax.—(1) A person who is not a registered person** shall not collect in respect of any supply of goods or services or both any amount by way of tax under this Act. (2) No registered person shall collect tax except in accordance with the provisions of this Act or the rules made thereunder. **33. Amount of tax to be indicated in tax invoice and other documents.—Notwithstanding** anything contained in this Act or any other law for the time being in force, where any supply is made for a consideration, every person who is liable to pay tax for such supply shall prominently indicate in all documents relating to assessment, tax invoice and other like documents, the amount of tax which shall form part of the price at which such supply is made. **34. Credit and debit notes.—(1) [1][Where one or more tax invoices have] been issued for supply of** any goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the recipient, or where goods or services or both supplied are found to be deficient, the registered person, who has supplied such goods or services or both, may issue to the recipient [2][one or more credit notes for supplies made in a financial year] containing such particulars as may be prescribed. (2) Any registered person who issues a credit note in relation to a supply of goods or services or both shall declare the details of such credit note in the return for the month during which such credit note has been issued but not later than [3][the thirtieth day of November] following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return, whichever is earlier, and the tax liability shall be adjusted in such manner as may be prescribed: Provided that no reduction in output tax liability of the supplier shall be permitted, if the incidence of tax and interest on such supply has been passed on to any other person. (3) [1][Where one or more tax invoices have] been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to be less than the taxable value or tax payable in respect of such supply, the registered person, who has supplied such goods or services or both, shall issue to the recipient [4][one or more debit notes for supplies made in a financial year] containing such particulars as may be prescribed. (4) Any registered person who issues a debit note in relation to a supply of goods or services or both shall declare the details of such debit note in the return for the month during which such debit note has been issued and the tax liability shall be adjusted in such manner as may be prescribed. _Explanation.––For the purposes of this Act, the expression “debit note” shall include a supplementary_ invoice. CHAPTER VIII # ACCOUNTS AND RECORDS **35. Accounts and other records.—(1) Every registered person shall keep and maintain, at his** principal place of business, as mentioned in the certificate of registration, a true and correct account of— (a) production or manufacture of goods; (b) inward and outward supply of goods or services or both; 1. Subs. by Act 31 of 2018, s. 15, for “Where a tax invoice has” (w.e.f. 1-2-2019). 2. Subs. by s. 15, ibid., for “a credit note” (w.e.f. 1-2-2019). 3. Subs. by Act 6 of 2022, s. 102, for “September” (w.e.f. 1-10-2022). 4. Subs. by s. 15, ibid., for “a debit note” (w.e.f. 1-2-2019). 41 ----- (c) stock of goods; (d) input tax credit availed; (e) output tax payable and paid; and (f) such other particulars as may be prescribed: Provided that where more than one place of business is specified in the certificate of registration, the accounts relating to each place of business shall be kept at such places of business: Provided further that the registered person may keep and maintain such accounts and other particulars in electronic form in such manner as may be prescribed. (2) Every owner or operator of warehouse or godown or any other place used for storage of goods and every transporter, irrespective of whether he is a registered person or not, shall maintain records of the consigner, consignee and other relevant details of the goods in such manner as may be prescribed. (3) The Commissioner may notify a class of taxable persons to maintain additional accounts or documents for such purpose as may be specified therein. (4) Where the Commissioner considers that any class of taxable person is not in a position to keep and maintain accounts in accordance with the provisions of this section, he may, for reasons to be recorded in writing, permit such class of taxable persons to maintain accounts in such manner as may be prescribed. 1* - - - 2[Provided that nothing contained in this sub-section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.] (6) Subject to the provisions of clause (h) of sub-section (5) of section 17, where the registered person fails to account for the goods or services or both in accordance with the provisions of sub-section (1), the proper officer shall determine the amount of tax payable on the goods or services or both that are not accounted for, as if such goods or services or both had been supplied by such person and the provisions of section 73 or section 74, as the case may be, shall, _mutatis mutandis,_ apply for determination of such tax. **36. Period of retention of accounts.—Every registered person required to keep and maintain books** of account or other records in accordance with the provisions of sub-section (1) of section 35 shall retain them until the expiry of seventy-two months from the due date of furnishing of annual return for the year pertaining to such accounts and records: Provided that a registered person, who is a party to an appeal or revision or any other proceedings before any Appellate Authority or Revisional Authority or Appellate Tribunal or court, whether filed by him or by the Commissioner, or is under investigation for an offence under Chapter XIX, shall retain the books of account and other records pertaining to the subject matter of such appeal or revision or proceedings or investigation for a period of one year after final disposal of such appeal or revision or proceedings or investigation, or for the period specified above, whichever is later. CHAPTER IX RETURNS **37. Furnishing details of outward supplies.—(1) Every registered person, other than an Input** Service Distributor, a non-resident taxable person and a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, [3][subject to such conditions and restrictions and] in such form and manner as may be prescribed, the details of outward supplies of goods or services or both effected during a tax period on or before the tenth day of the month succeeding the 1. Sub-section (5) omitted by Act 13 of 2021, s. 110 (w.e.f. 1-8-2021) Vide S.O. 3065(E), dated 30-7-2021. 2. Ins. by Act 31 of 2018, s. 16 (w.e.f. 1-2-2019). 3. Ins. by Act 6 of 2022, s. 103 (w.e.f. 1-10-2022). 42 ----- said tax period and such details [1][shall, subject to such conditions and restrictions, within such time and in such manner as may be prescribed, be communicated to the recipient of the said supplies:] 2* - - 3[Provided that] the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein: 4[Provided further that] any extension of time limit notified by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be notified by the Commissioner. 5* - - (3) Any registered person, who has furnished the details under sub-section (1) for any tax period [6]***, shall, upon discovery of any error or omission therein, rectify such error or omission in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished for such tax period: Provided that no rectification of error or omission in respect of the details furnished under sub-section (1) shall be allowed after [7][the thirtieth day of November] following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier. 8[Provided further that the rectification of error or omission in respect of the details furnished under sub-section (1) shall be allowed after furnishing of the return under section 39 for the month of September, 2018 till the due date for furnishing the details under sub-section (1) for the month of March, 2019 or for the quarter January, 2019 to March, 2019.] _Explanation.––For the purposes of this Chapter, the expression “details of outward supplies” shall_ include details of invoices, debit notes, credit notes and revised invoices issued in relation to outward supplies made during any tax period. 9[(4) A registered person shall not be allowed to furnish the details of outward supplies under sub-section (1) for a tax period, if the details of outward supplies for any of the previous tax periods has not been furnished by him: Provided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the details of outward supplies under sub-section (1), even if he has not furnished the details of outward supplies for one or more previous tax periods.] 10[(5) A registered person shall not be allowed to furnish the details of outward supplies under sub-section (1) for a tax period after the expiry of a period of three years from the due date of furnishing the said details: Provided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the details of outward supplies for a tax period under sub-section (1), even after the expiry of the said period of three years from the due date of furnishing the said details.] 1. Subs. by Act 6 of 2022, s. 103, for “shall be communicated to the recipient of the said supplies within such time and in such manner as may be prescribed” (w.e.f. 1-10-2022). 2. Proviso omitted by s. 103, ibid (w.e.f. 1-10-2022). 3. Subs. by s. 103, ibid., for “Provided further that” (w.e.f. 1-10-2022). 4. Subs. by s. 103, ibid., “Provided also that” (w.e.f. 1-10-2022). 5. Sub-section (2) omitted by s. 103, ibid. (w.e.f. 1-10-2022). 6. The words and figures “and which have remained unmatched under section 42 or section 43” omitted by s. 103, ibid. (w.e.f. 1-10-2022). 7. Subs. by Act 6 of 2022, s. 103, for “furnishing of the return under section 39 for the month of September” (w.e.f. 1-10-2022). 8. Ins. by vide Order No. 02/2018-Central Tax dated 31-12-2018. 9. Ins. by Act 6 of 2022, s. 103 (w.e.f. 1-10-2022). 10. Ins. by Act 8 of 2023, s. 142 (w.e.f. 1-10-2023). 43 ----- 1[38. Communication of details of inward supplies input tax credit.—(1) The details of outward supplies furnished by the registered persons under sub-section (1) of section 37 and of such other supplies as may be prescribed, and an auto-generated statement containing the details of input tax credit shall be made available electronically to the recipients of such supplies in such form and manner, within such time, and subject to such conditions and restrictions as may be prescribed. (2) The auto-generated statement under sub-section (1) shall consist of–– (a) details of inward supplies in respect of which credit of input tax may be available to the recipient; and (b) details of supplies in respect of which such credit cannot be availed, whether wholly or partly, by the recipient, on account of the details of the said supplies being furnished under sub-section (1) of section 37,–– (i) by any registered person within such period of taking registration as may be prescribed; or (ii) by any registered person, who has defaulted in payment of tax and where such default has continued for such period as may be prescribed; or (iii) by any registered person, the output tax payable by whom in accordance with the statement of outward supplies furnished by him under the said sub-section during such period, as may be prescribed, exceeds the output tax paid by him during the said period by such limit as may be prescribed; or (iv) by any registered person who, during such period as may be prescribed, has availed credit of input tax of an amount that exceeds the credit that can be availed by him in accordance with clause (a), by such limit as may be prescribed; or (v) by any registered person, who has defaulted in discharging his tax liability in accordance with the provisions of sub-section (12) of section 49 subject to such conditions and restrictions as may be prescribed; or (vi) by such other class of persons as may be prescribed.] **39. Furnishing of returns.—[2][(1) Every registered person, other than an Input Service Distributor or** a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52 shall, for every calendar month or part thereof, furnish, a return, electronically, of inward and outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such other particulars, in such form and manner, and within such time, as may be prescribed: Provided that the Government may, on the recommendations of the Council, notify certain class of registered persons who shall furnish a return for every quarter or part thereof, subject to such conditions and restrictions as may be specified therein. (2) A registered person paying tax under the provisions of section 10, shall, for each financial year or part thereof, furnish a return, electronically, of turnover in the State or Union territory, inward supplies of goods or services or both, tax payable, tax paid and such other particulars in such form and manner, and within such time, as may be prescribed.] (3) Every registered person required to deduct tax at source under the provisions of section 51 shall furnish, in such form and manner as may be prescribed, a return, electronically, for the month in which such deductions have been made within ten days after the end of such month. (4) Every taxable person registered as an Input Service Distributor shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within thirteen days after the end of such month. 1. Subs. by Act 6 of 2022, s. 104, for section 38 (w.e.f. 1-10-2022). 2. Subs. by Act 23 of 2019, s. 97, for sub-sections (1) and (2) (w.e.f. 10-11-2020). 44 ----- (5) Every registered non-resident taxable person shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within [1][thirteen] days after the end of a calendar month or within seven days after the last day of the period of registration specified under sub-section (1) of section 27, whichever is earlier. (6) The Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein: Provided that any extension of time limit notified by the Commissioner of State tax or Union territory tax shall be deemed to be notified by the Commissioner. 2[(7) Every registered person who is required to furnish a return under sub-section (1), other than the person referred to in the proviso thereto, or sub-section (3) or sub-section (5), shall pay to the Government the tax due as per such return not later than the last date on which he is required to furnish such return: 3[Provided that every registered person furnishing return under the proviso to sub-section (1) shall pay to the Government, in such form and manner, and within such time, as may be prescribed,–– (a) an amount equal to the tax due taking into account inward and outward supplies of goods or services or both, input tax credit availed, tax payable and such other particulars during a month; or (b) in lieu of the amount referred to in clause (a), an amount determined in such manner and subject to such conditions and restrictions as may be prescribed.] Provided further that every registered person furnishing return under sub-section (2) shall pay to the Government, the tax due taking into account turnover in the State or Union territory, inward supplies of goods or services or both, tax payable, and such other particulars during a quarter, in such form and manner, and within such time, as may be prescribed.] (8) Every registered person who is required to furnish a return under sub-section (1) or sub-section (2) shall furnish a return for every tax period whether or not any supplies of goods or services or both have been made during such tax period. (9) [4][Where] any registered person after furnishing a return under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars [5][in such form and manner as may be prescribed], subject to payment of interest under this Act: Provided that no such rectification of any omission or incorrect particulars shall be allowed after [6][the thirtieth day of November] following [7][the end of the financial year to which such details pertain], or the actual date of furnishing of relevant annual return, whichever is earlier. (10) A registered person shall not be allowed to furnish a return for a tax period if the return for any of the previous tax periods [8][or the details of outward supplies under sub-section (1) of section 37 for the said tax period has not been furnished by him: 1. Subs. by Act 6 of 2022, s. 105, for “twenty” (w.e.f. 1-10-2022). 2. Subs. by Act 23 of 2019, s. 97, for sub-section (7) (w.e.f. 10-11-2020). 3. Subs. by Act 6 of 2022, s. 105, for the proviso (w.e.f. 1-10-2022). 4. Subs. by s. 105, ibid., for “Subject to the provisions of sections 37 and 38, if” (w.e.f. 1-10-2022). 5. Subs. by Act 31 of 2018, s. 17, for “in the return to be furnished for the month or quarter during which such omission or incorrect particulars are noticed” (w.e.f. 1-2-2019). 6. Subs. by Act 6 of 2022, s. 105, for “the due date for furnishing of return for the month of September or second quarter” (w.e.f. 1-10-2022). 7. Subs. by Act 31 of 2018, s. 17, for “the end of the financial year” (w.e.f. 1-2-2019). 8. Subs. by Act 6 of 2022, s. 105, for “has not been furnished by him” (w.e.f. 1-10-2022). 45 ----- Provided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the return, even if he has not furnished the returns for one or more previous tax periods or has not furnished the details of outward supplies under sub-section (1) of section 37 for the said tax period.] 1[(11) A registered person shall not be allowed to furnish a return for a tax period after the expiry of a period of three years from the due date of furnishing the said return: Provided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the return for a tax period, even after the expiry of the said period of three years from the due date of furnishing the said return.] **40. First return.—Every registered person who has made outward supplies in the period between the** date on which he became liable to registration till the date on which registration has been granted shall declare the same in the first return furnished by him after grant of registration. 2[41. Availment of input tax credit.—(1) Every registered person shall, subject to such conditions and restrictions as may be prescribed, be entitled to avail the credit of eligible input tax, as self-assessed, in his return and such amount shall be credited to his electronic credit ledger. (2) The credit of input tax availed by a registered person under sub-section (1) in respect of such supplies of goods or services or both, the tax payable whereon has not been paid by the supplier, shall be reversed along with applicable interest, by the said person in such manner as may be prescribed: Provided that where the said supplier makes payment of the tax payable in respect of the aforesaid supplies, the said registered person may re-avail the amount of credit reversed by him in such manner as may be prescribed.] **42. [Matching, reversal and reclaim of input tax credit].—** _Omitted by the Finance Act, 2022 (6 of_ 2022), s. 107 (w.e.f. 1-10-2022). **43. [Matching, reversal and reclaim of reduction in output tax liability].—Omitted by s. 107, ibid.** (w.e.f. 1-10-2022). **43A. [Procedure for furnishing return and availing input tax credit].—Omitted by s. 107,** _ibid._ (w.e.f. 1-10-2022). 3[44. Annual return.—4[(1)] Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a self-certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within such time and in such form and in such manner as may be prescribed: Provided that the Commissioner may, on the recommendations of the Council, by notification, exempt any class of registered persons from filing annual return under this section: Provided further that nothing contained in this section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by 1. Ins. by Act 8 of 2023, s. 143 (w.e.f. 1-10-2023). 2. Subs. by Act 6 of 2022, s. 106, for section 41 (w.e.f. 1-10-2022). 3. Subs. by Act 13 of 2021, s. 111, for section 44 (w.e.f. 1-8-2021). 4. Section 44 renumbered as sub-section (1) thereof by Act 8 of 2023, s. 144 (w.e.f. 1-10-2023). 46 ----- the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.] 1[(2) A registered person shall not be allowed to furnish an annual return under sub-section (1) for a financial year after the expiry of a period of three years from the due date of furnishing the said annual return: Provided that the Government may, on the recommendations of the Council, by notification, and subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish an annual return for a financial year under sub-section (1), even after the expiry of the said period of three years from the due date of furnishing the said annual return.] **45. Final return.—Every registered person who is required to furnish a return under sub-section (1) of** section 39 and whose registration has been cancelled shall furnish a final return within three months of the date of cancellation or date of order of cancellation, whichever is later, in such form and manner as may be prescribed. **46. Notice to return defaulters.—Where a registered person fails to furnish a return under** section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within fifteen days in such form and manner as may be prescribed. **47. Levy of late fee.—(1) Any registered person who fails to furnish the details of outward** [2]*** supplies required under section 37 [3]*** or returns required under section 39 or section 45 [4][or section 52] by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees. (2) Any registered person who fails to furnish the return required under section 44 by the due date shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter per cent. of his turnover in the State or Union territory. **48. Goods and services tax practitioners.—(1) The manner of approval of goods and services tax** practitioners, their eligibility conditions, duties and obligations, manner of removal and other conditions relevant for their functioning shall be such as may be prescribed. (2) A registered person may authorise an approved goods and services tax practitioner to furnish the details of outward supplies under section 37, [5]*** and the return under section 39 or section 44 or section 45 [6][and to perform such other functions] in such manner as may be prescribed. (3) Notwithstanding anything contained in sub-section (2), the responsibility for correctness of any particulars furnished in the return or other details filed by the goods and services tax practitioners shall continue to rest with the registered person on whose behalf such return and details are furnished. CHAPTER X PAYMENT OF TAX **49. Payment of tax, interest, penalty and other amounts.—(1) Every deposit made towards tax,** interest, penalty, fee or any other amount by a person by internet banking or by using credit or debit cards or National Electronic Fund Transfer or Real Time Gross Settlement or by such other mode and subject to such conditions and restrictions as may be prescribed, shall be credited to the electronic cash ledger of such person to be maintained in such manner as may be prescribed. 1. Ins. by Act 8 of 2023, s. 144 (w.e.f. 1-10-2023). 2. The words “or inward” omitted by Act 6 of 2022, s. 108 (w.e.f. 1-10-2022). 3. The words and figures “or section 38” omitted by s. 108, ibid. (w.e.f. 1-10-2022). 4. Ins. by s. 108, ibid. (w.e.f. 1-10-2022). 5. The words and figures “the details of inward supplies under section 38” omitted by s. 109, ibid. (w.e.f. 1-10-2022). 6. Ins. by Act 31 of 2018, s. 19 (w.e.f. 1-2-2019). 47 ----- (2) The input tax credit as self-assessed in the return of a registered person shall be credited to his electronic credit ledger, in accordance with [1][section 41 [2]***] to be maintained in such manner as may be prescribed. (3) The amount available in the electronic cash ledger may be used for making any payment towards tax, interest, penalty, fees or any other amount payable under the provisions of this Act or the rules made thereunder in such manner and subject to such conditions and within such time as may be prescribed. (4) The amount available in the electronic credit ledger may be used for making any payment towards output tax under this Act or under the Integrated Goods and Services Tax Act in such manner and subject to such conditions [3][and restrictions] and within such time as may be prescribed. (5) The amount of input tax credit available in the electronic credit ledger of the registered person on account of–– (a) integrated tax shall first be utilised towards payment of integrated tax and the amount remaining, if any, may be utilised towards the payment of central tax and State tax, or as the case may be, Union territory tax, in that order; (b) the central tax shall first be utilised towards payment of central tax and the amount remaining, if any, may be utilised towards the payment of integrated tax; (c) the State tax shall first be utilised towards payment of State tax and the amount remaining, if any, may be utilised towards payment of integrated tax; 4[Provided that the input tax credit on account of State tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not available for payment of integrated tax;] (d) the Union territory tax shall first be utilised towards payment of Union territory tax and the amount remaining, if any, may be utilised towards payment of integrated tax; 4[Provided that the input tax credit on account of Union territory tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not available for payment of integrated tax;] (e) the central tax shall not be utilised towards payment of State tax or Union territory tax; and (f) the State tax or Union territory tax shall not be utilised towards payment of central tax. (6) The balance in the electronic cash ledger or electronic credit ledger after payment of tax, interest, penalty, fee or any other amount payable under this Act or the rules made thereunder may be refunded in accordance with the provisions of section 54. (7) All liabilities of a taxable person under this Act shall be recorded and maintained in an electronic liability register in such manner as may be prescribed. 1. Subs. by Act 31 of 2018, s. 20, for “section 41” (w.e.f. 1-2-2019). 2. The words, figures and letter “or section 43A” omitted by Act 6 of 2022, s. 110 (w.e.f. 1-10-2022). 3. Ins. by Act 6 of 2022, s. 110 (w.e.f. 1-10-2022). 4. The Proviso ins. by Act 31 of 2018, s. 20 (w.e.f. 1-2-2019). 48 ----- (8) Every taxable person shall discharge his tax and other dues under this Act or the rules made thereunder in the following order, namely:–– (a) self-assessed tax, and other dues related to returns of previous tax periods; (b) self-assessed tax, and other dues related to the return of the current tax period; (c) any other amount payable under this Act or the rules made thereunder including the demand determined under section 73 or section 74. (9) Every person who has paid the tax on goods or services or both under this Act shall, unless the contrary is proved by him, be deemed to have passed on the full incidence of such tax to the recipient of such goods or services or both. _Explanation.––For the purposes of this section,—_ (a) the date of credit to the account of the Government in the authorised bank shall be deemed to be the date of deposit in the electronic cash ledger; (b) the expression,— (i) “tax dues” means the tax payable under this Act and does not include interest, fee and penalty; and (ii) “other dues” means interest, penalty, fee or any other amount payable under this Act or the rules made thereunder. 1[ 2[ (10) A registered person may, on the common portal, transfer any amount of tax, interest, penalty, fee or any other amount available in the electronic cash ledger under this Act, to the electronic cash ledger for,–– (a) integrated tax, central tax, State tax, Union territory tax or cess; or (b) integrated tax or central tax of a distinct person as specified in sub-section (4) or, as the case may be, sub-section (5) of section 25, in such form and manner and subject to such conditions and restrictions as may be prescribed and such transfer shall be deemed to be a refund from the electronic cash ledger under this Act: Provided that no such transfer under clause (b) shall be allowed if the said registered person has any unpaid liability in his electronic liability register.] (11) Where any amount has been transferred to the electronic cash ledger under this Act, the same shall be deemed to be deposited in the said ledger as provided in sub-section (1).] 3[(12) Notwithstanding anything contained in this Act, the Government may, on the recommendations of the Council, subject to such conditions and restrictions, specify such maximum proportion of output tax liability under this Act or under the Integrated Goods and Services Tax Act, 2017 (13 of 2017) which may be discharged through the electronic credit ledger by a registered person or a class of registered persons, as may be prescribed.] 1. Ins. by Act 23 of 2019, s. 99 (w.e.f. 1-1-2020). 2. Subs. by Act 6 of 2022, s. 110, for sub-section 10 (w.e.f. 5-7-2022). 3. Ins. by s. 110, ibid. (w.e.f. 5-7-2022). 49 ----- 1[49A. Utilisation of input tax credit subject to certain conditions.—Notwithstanding anything contained in section 49, the input tax credit on account of central tax, State tax or Union territory tax shall be utilised towards payment of integrated tax, central tax, State tax or Union territory tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilised fully towards such payment. **49B. Order of utilisation of input tax credit.—Notwithstanding anything contained in this Chapter and** subject to the provisions of clause (e) and clause (f) of sub-section (5) of section 49, the Government may, on the recommendations of the Council, prescribe the order and manner of utilisation of the input tax credit on account of integrated tax, central tax, State tax or Union territory tax, as the case may be, towards payment of any such tax.] **50. Interest on delayed payment of tax.—(1) Every person who is liable to pay tax in accordance with** the provisions of this Act or the rules made thereunder, but fails to pay the tax or any part thereof to the Government within the period prescribed, shall for the period for which the tax or any part thereof remains unpaid, pay, on his own, interest at such rate, not exceeding eighteen per cent., as may be notified by the Government on the recommendations of the Council. 2[Provided that the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period, shall be payable on that portion of the tax which is paid by debiting the electronic cash ledger.] (2) The interest under sub-section (1) shall be calculated, in such manner as may be prescribed, from the day succeeding the day on which such tax was due to be paid. 3[(3) Where the input tax credit has been wrongly availed and utilised, the registered person shall pay interest on such input tax credit wrongly availed and utilised, at such rate not exceeding twenty-four per cent. as may be notified by the Government, on the recommendations of the Council, and the interest shall be calculated, in such manner as may be prescribed.] **51. Tax deduction at source.—(1) Notwithstanding anything to the contrary contained in this Act,** the Government may mandate,–– (a) a department or establishment of the Central Government or State Government; or (b) local authority; or (c) Governmental agencies; or (d) such persons or category of persons as may be notified by the Government on the recommendations of the Council, (hereafter in this section referred to as “the deductor”), to deduct tax at the rate of one per cent. from the payment made or credited to the supplier (hereafter in this section referred to as “the deductee”) of taxable goods or services or both, where the total value of such supply, under a contract, exceeds two lakh and fifty thousand rupees: 1. Ins. by Act 31 of 2018, s. 21 (w.e.f. 1-2-2019). 2. Subs. by Act 13 of 2021, s. 112, for the proviso (w.e.f. 1-6-2021), vide Notification S.O. 2129 (E) dated 1-6-2021. 3. Subs. by Act 6 of 2022, s. 111, for sub-section (3) (w.e.f. 1-7-2017). 50 ----- Provided that no deduction shall be made if the location of the supplier and the place of supply is in a State or Union territory which is different from the State or as the case may be, Union territory of registration of the recipient. _Explanation.––For the purpose of deduction of tax specified above, the value of supply shall be taken_ as the amount excluding the central tax, State tax, Union territory tax, integrated tax and cess indicated in the invoice. (2) The amount deducted as tax under this section shall be paid to the Government by the deductor within ten days after the end of the month in which such deduction is made, in such manner as may be prescribed. 1[(3) A certificate of tax deduction at source shall be issued in such form and in such manner as may be prescribed.] 2* - - - (5) The deductee shall claim credit, in his electronic cash ledger, of the tax deducted and reflected in the return of the deductor furnished under sub-section (3) of section 39, in such manner as may be prescribed. (6) If any deductor fails to pay to the Government the amount deducted as tax under sub-section (1), he shall pay interest in accordance with the provisions of sub-section (1) of section 50, in addition to the amount of tax deducted. (7) The determination of the amount in default under this section shall be made in the manner specified in section 73 or section 74. (8) The refund to the deductor or the deductee arising on account of excess or erroneous deduction shall be dealt with in accordance with the provisions of section 54: Provided that no refund to the deductor shall be granted, if the amount deducted has been credited to the electronic cash ledger of the deductee. **52. Collection of tax at source.—(1) Notwithstanding anything to the contrary contained in this Act,** every electronic commerce operator (hereafter in this section referred to as the “operator”), not being an agent, shall collect an amount calculated at such rate not exceeding one per cent., as may be notified by the Government on the recommendations of the Council, of the net value of taxable supplies made through it by other suppliers where the consideration with respect to such supplies is to be collected by the operator. _Explanation.––For the purposes of this sub-section, the expression “net value of taxable supplies”_ shall mean the aggregate value of taxable supplies of goods or services or both, other than services notified under sub-section (5) of section 9, made during any month by all registered persons through the operator reduced by the aggregate value of taxable supplies returned to the suppliers during the said month. (2) The power to collect the amount specified in sub-section (1) shall be without prejudice to any other mode of recovery from the operator. (3) The amount collected under sub-section (1) shall be paid to the Government by the operator within ten days after the end of the month in which such collection is made, in such manner as may be prescribed. (4) Every operator who collects the amount specified in sub-section (1) shall furnish a statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under 1. Subs. by Act 12 of 2020, s. 124, for sub-section (3) (w.e.f. 1-1-2021). 2. Sub-section (4) omitted by s. 124, ibid. (w.e.f. 1-1-2021). 51 ----- sub-section (1) during a month, in such form and manner as may be prescribed, within ten days after the end of such month. 1[Provided that the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the statement for such class of registered persons as may be specified therein: Provided further that any extension of time limit notified by the Commissioner of State tax or the Commissioner of Union territory tax shall be deemed to be notified by the Commissioner.] (5) Every operator who collects the amount specified in sub-section (1) shall furnish an annual statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under the said sub-section during the financial year, in such form and manner as may be prescribed, before the thirty first day of December following the end of such financial year. 1[Provided that the Commissioner may, on the recommendations of the Council and for reasons to be recorded in writing, by notification, extend the time limit for furnishing the annual statement for such class of registered persons as may be specified therein: Provided further that any extension of time limit notified by the Commissioner of State tax or the Commissioner of Union territory tax shall be deemed to be notified by the Commissioner.] (6) If any operator after furnishing a statement under sub-section (4) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the statement to be furnished for the month during which such omission or incorrect particulars are noticed, subject to payment of interest, as specified in sub-section (1) of section 50: Provided that no such rectification of any omission or incorrect particulars shall be allowed after the 2[thirtieth day of November] following the end of the financial year or the actual date of furnishing of the relevant annual statement, whichever is earlier. (7) The supplier who has supplied the goods or services or both through the operator shall claim credit, in his electronic cash ledger, of the amount collected and reflected in the statement of the operator furnished under sub-section (4), in such manner as may be prescribed. (8) The details of supplies furnished by every operator under sub-section (4) shall be matched with the corresponding details of outward supplies furnished by the concerned supplier registered under this Act in such manner and within such time as may be prescribed. (9) Where the details of outward supplies furnished by the operator under sub-section (4) do not match with the corresponding details furnished by the supplier under [3][section 37 or section 39], the discrepancy shall be communicated to both persons in such manner and within such time as may be prescribed. (10) The amount in respect of which any discrepancy is communicated under sub-section (9) and which is not rectified by the supplier in his valid return or the operator in his statement for the month in which discrepancy is communicated, shall be added to the output tax liability of the said supplier, where the value of outward supplies furnished by the operator is more than the value of outward supplies furnished by the supplier, in his return for the month succeeding the month in which the discrepancy is communicated in such manner as may be prescribed. (11) The concerned supplier, in whose output tax liability any amount has been added under sub-section (10), shall pay the tax payable in respect of such supply along with interest, at the rate specified under sub-section (1) of section 50 on the amount so added from the date such tax was due till the date of its payment. 1. Ins. by Act 23 of 2019, s. 101 (w.e.f. 1-1-2020). 2. Subs. by Act 6 of 2022, s. 112, for “due date for furnishing of statement for the month of September” (w.e.f. 1-10-2022). 3. Subs. by Act 31 of 2018, s. 22, for “section 37” (w.e.f. 1-2-2019). 52 ----- (12) Any authority not below the rank of Deputy Commissioner may serve a notice, either before or during the course of any proceedings under this Act, requiring the operator to furnish such details relating to— (a) supplies of goods or services or both effected through such operator during any period; or (b) stock of goods held by the suppliers making supplies through such operator in the godowns or warehouses, by whatever name called, managed by such operator and declared as additional places of business by such suppliers, as may be specified in the notice. (13) Every operator on whom a notice has been served under sub-section (12) shall furnish the required information within fifteen working days of the date of service of such notice. (14) Any person who fails to furnish the information required by the notice served under sub-section (12) shall, without prejudice to any action that may be taken under section 122, be liable to a penalty which may extend to twenty-five thousand rupees. _Explanation.—For the purposes of this section, the expression “concerned supplier” shall mean the_ supplier of goods or services or both making supplies through the operator. 1[(15) The operator shall not be allowed to furnish a statement under sub-section (4) after the expiry of a period of three years from the due date of furnishing the said statement: Provided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow an operator or a class of operators to furnish a statement under sub-section (4), even after the expiry of the said period of three years from the due date of furnishing the said statement.] **53. Transfer of input tax credit.—On utilisation of input tax credit availed under this Act for** payment of tax dues under the Integrated Goods and Services Tax Act in accordance with the provisions of sub-section (5) of section 49, as reflected in the valid return furnished under sub-section (1) of section 39, the amount collected as central tax shall stand reduced by an amount equal to such credit so utilised and the Central Government shall transfer an amount equal to the amount so reduced from the central tax account to the integrated tax account in such manner and within such time as may be prescribed. 2[53A. Transfer of certain amounts.—Where any amount has been transferred from the electronic cash ledger under this Act to the electronic cash ledger under the State Goods and Services Tax Act or the Union territory Goods and Services Tax Act, the Government shall, transfer to the State tax account or the Union territory tax account, an amount equal to the amount transferred from the electronic cash ledger, in such manner and within such time as may be prescribed.] CHAPTER XI REFUNDS **54. Refund of tax.—(1) Any person claiming refund of any tax and interest, if any, paid on such tax** or any other amount paid by him, may make an application before the expiry of two years from the relevant date in such form and manner as may be prescribed: Provided that a registered person, claiming refund of any balance in the electronic cash ledger in accordance with the provisions of sub-section (6) of section 49, may claim such refund in [3][such from and] manner as may be prescribed. 1. Ins. by Act 8 of 2023, s. 145 (w.e.f. 1-10-2023). 2. Ins. by Act 23 of 2019, s. 102 (w.e.f. 1-1-2020). 3. Subs. by Act 6 of 2022, s. 113, for “the return furnished under section 39 in such” (w.e.f. 1-10-2022). 53 ----- (2) A specialised agency of the United Nations Organisation or any Multilateral Financial Institution and Organisation notified under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947), Consulate or Embassy of foreign countries or any other person or class of persons, as notified under section 55, entitled to a refund of tax paid by it on inward supplies of goods or services or both, may make an application for such refund, in such form and manner as may be prescribed, before the expiry of 1[two years] from the last day of the quarter in which such supply was received. (3) Subject to the provisions of sub-section (10), a registered person may claim refund of any unutilised input tax credit at the end of any tax period: Provided that no refund of unutilised input tax credit shall be allowed in cases other than–– (i) zero rated supplies made without payment of tax; (ii) where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council: Provided further that no refund of unutilised input tax credit shall be allowed in cases where the goods exported out of India are subjected to export duty: Provided also that no refund of input tax credit shall be allowed, if the supplier of goods or services or both avails of drawback in respect of central tax or claims refund of the integrated tax paid on such supplies. (4) The application shall be accompanied by— (a) such documentary evidence as may be prescribed to establish that a refund is due to the applicant; and (b) such documentary or other evidence (including the documents referred to in section 33) as the applicant may furnish to establish that the amount of tax and interest, if any, paid on such tax or any other amount paid in relation to which such refund is claimed was collected from, or paid by, him and the incidence of such tax and interest had not been passed on to any other person: Provided that where the amount claimed as refund is less than two lakh rupees, it shall not be necessary for the applicant to furnish any documentary and other evidences but he may file a declaration, based on the documentary or other evidences available with him, certifying that the incidence of such tax and interest had not been passed on to any other person. (5) If, on receipt of any such application, the proper officer is satisfied that the whole or part of the amount claimed as refund is refundable, he may make an order accordingly and the amount so determined shall be credited to the Fund referred to in section 57. (6) Notwithstanding anything contained in sub-section (5), the proper officer may, in the case of any claim for refund on account of zero-rated supply of goods or services or both made by registered persons, other than such category of registered persons as may be notified by the Government on the recommendations of the Council, refund on a provisional basis, ninety per cent. of the total amount so claimed, [2]***, in such manner and subject to such conditions, limitations and safeguards as may be prescribed and thereafter make an order under sub-section (5) for final settlement of the refund claim after due verification of documents furnished by the applicant. (7) The proper officer shall issue the order under sub-section (5) within sixty days from the date of receipt of application complete in all respects. (8) Notwithstanding anything contained in sub-section (5), the refundable amount shall, instead of being credited to the Fund, be paid to the applicant, if such amount is relatable to— 1. Subs. by Act 6 of 2022, s. 113, for “six months” (w.e.f. 1-10-2022). 2. Certain words omitted by Act 8 of 2023, s. 146 (w.e.f. 1-10-2023). 54 ----- (a) refund of tax paid on [1][export] of goods or services or both or on inputs or input services used in making such [1][exports]; (b) refund of unutilised input tax credit under sub-section (3); (c) refund of tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued, or where a refund voucher has been issued; (d) refund of tax in pursuance of section 77; (e) the tax and interest, if any, or any other amount paid by the applicant, if he had not passed on the incidence of such tax and interest to any other person; or (f) the tax or interest borne by such other class of applicants as the Government may, on the recommendations of the Council, by notification, specify. 2[(8A) The Government may disburse the refund of the State tax in such manner as may be prescribed.] (9) Notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the Appellate Tribunal or any court or in any other provisions of this Act or the rules made thereunder or in any other law for the time being in force, no refund shall be made except in accordance with the provisions of sub-section (8). (10) Where any refund is due [3]*** to a registered person who has defaulted in furnishing any return or who is required to pay any tax, interest or penalty, which has not been stayed by any court, Tribunal or Appellate Authority by the specified date, the proper officer may— (a) withhold payment of refund due until the said person has furnished the return or paid the tax, interest or penalty, as the case may be; (b) deduct from the refund due, any tax, interest, penalty, fee or any other amount which the taxable person is liable to pay but which remains unpaid under this Act or under the existing law. _Explanation.––For the purposes of this sub-section, the expression “specified date” shall mean the_ last date for filing an appeal under this Act. (11) Where an order giving rise to a refund is the subject matter of an appeal or further proceedings or where any other proceedings under this Act is pending and the Commissioner is of the opinion that grant of such refund is likely to adversely affect the revenue in the said appeal or other proceedings on account of malfeasance or fraud committed, he may, after giving the taxable person an opportunity of being heard, withhold the refund till such time as he may determine. (12) Where a refund is withheld under sub-section (11), the taxable person shall, notwithstanding anything contained in section 56, be entitled to interest at such rate not exceeding six per cent. as may be notified on the recommendations of the Council, if as a result of the appeal or further proceedings he becomes entitled to refund. (13) Notwithstanding anything to the contrary contained in this section, the amount of advance tax deposited by a casual taxable person or a non-resident taxable person under sub-section (2) of section 27, shall not be refunded unless such person has, in respect of the entire period for which the certificate of registration granted to him had remained in force, furnished all the returns required under section 39. (14) Notwithstanding anything contained in this section, no refund under sub-section (5) or sub-section (6) shall be paid to an applicant, if the amount is less than one thousand rupees. _Explanation.—For the purposes of this section,––_ 1. Subs. by Act 31 of 2018, s. 23 for “zero-rated supplies” (w.e.f. 1-2-2019). 2. Ins. by Act 23 of 2019, s. 103 (w.e.f. 1-9-2019). 3. The words, brackets and figure “under sub-section (3)” omitted by Act 6 of 2022, s. 113 (w.e.f. 1-10-2022). 55 ----- (1) “refund” includes refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilised input tax credit as provided under subsection (3). (2) “relevant date” means— (a) in the case of goods exported out of India where a refund of tax paid is available in respect of goods themselves or, as the case may be, the inputs or input services used in such goods,–– (i) if the goods are exported by sea or air, the date on which the ship or the aircraft in which such goods are loaded, leaves India; or (ii) if the goods are exported by land, the date on which such goods pass the frontier; or (iii) if the goods are exported by post, the date of despatch of goods by the Post Office concerned to a place outside India; (b) in the case of supply of goods regarded as deemed exports where a refund of tax paid is available in respect of the goods, the date on which the return relating to such deemed exports is furnished; 1[(ba) in case of zero-rated supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit where a refund of tax paid is available in respect of such supplies themselves, or as the case may be, the inputs or input services used in such supplies, the due date for furnishing of return under section 39 in respect of such supplies;] (c) in the case of services exported out of India where a refund of tax paid is available in respect of services themselves or, as the case may be, the inputs or input services used in such services, the date of–– (i) receipt of payment in convertible foreign exchange, [2][or in Indian rupees wherever permitted by the Reserve Bank of India] where the supply of services had been completed prior to the receipt of such payment; or (ii) issue of invoice, where payment for the services had been received in advance prior to the date of issue of the invoice; (d) in case where the tax becomes refundable as a consequence of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court, the date of communication of such judgment, decree, order or direction; 3[(e) in the case of refund of unutilised input tax credit under clause (ii) of the first proviso to sub-section (3), the due date for furnishing of return under section 39 for the period in which such claim for refund arises;] (f) in the case where tax is paid provisionally under this Act or the rules made thereunder, the date of adjustment of tax after the final assessment thereof; (g) in the case of a person, other than the supplier, the date of receipt of goods or services or both by such person; and (h) in any other case, the date of payment of tax. **55. Refund in certain cases.––The Government may, on the recommendations of the Council, by** notification, specify any specialised agency of the United Nations Organisation or any Multilateral Financial Institution and Organisation notified under the United Nations (Privileges and Immunities) 1. Ins. by Act 6 of 2022, s. 113 (w.e.f. 1-10-2022). 2. Ins. by Act 31 of 2018, s. 23 (w.e.f. 1-2-2019). 3. Subs. by s. 23, ibid., for sub-clause (e) (w.e.f. 1-2-2019). 56 ----- Act, 1947 (46 of 1947), Consulate or Embassy of foreign countries and any other person or class of persons as may be specified in this behalf, who shall, subject to such conditions and restrictions as may be prescribed, be entitled to claim a refund of taxes paid on the notified supplies of goods or services or both received by them. **56. Interest on delayed refunds.––If any tax ordered to be refunded under sub-section (5) of** section 54 to any applicant is not refunded within sixty days from the date of receipt of application under sub-section (1) of that section, interest at such rate not exceeding six per cent. as may be specified in the notification issued by the Government on the recommendations of the Council shall be payable in respect of such refund [1][for the period of delay beyond sixty days from the date of receipt of such application till the date of refund of such tax, to be computed in such manner and subject to such conditions and restrictions as may be prescribed]: Provided that where any claim of refund arises from an order passed by an adjudicating authority or Appellate Authority or Appellate Tribunal or court which has attained finality and the same is not refunded within sixty days from the date of receipt of application filed consequent to such order, interest at such rate not exceeding nine per cent. as may be notified by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application till the date of refund. _Explanation.––For the purposes of this section, where any order of refund is made by an Appellate_ Authority, Appellate Tribunal or any court against an order of the proper officer under sub-section (5) of section 54, the order passed by the Appellate Authority, Appellate Tribunal or by the court shall be deemed to be an order passed under the said sub-section (5). **57. Consumer Welfare Fund.—The Government shall constitute a Fund, to be called the Consumer** Welfare Fund and there shall be credited to the Fund,— (a) the amount referred to in sub-section (5) of section 54; (b) any income from investment of the amount credited to the Fund; and (c) such other monies received by it, in such manner as may be prescribed. **58. Utilisation of Fund.—(1) All sums credited to the Fund shall be utilised by the Government for** the welfare of the consumers in such manner as may be prescribed. (2) The Government or the authority specified by it shall maintain proper and separate account and other relevant records in relation to the Fund and prepare an annual statement of accounts in such form as may be prescribed in consultation with the Comptroller and Auditor-General of India. CHAPTER XII ASSESSMENT **59. Self-assessment.—Every registered person shall self-assess the taxes payable under this Act and** furnish a return for each tax period as specified under section 39. **60. Provisional assessment.—(1) Subject to the provisions of sub-section (2), where the taxable person** is unable to determine the value of goods or services or both or determine the rate of tax applicable thereto, he may request the proper officer in writing giving reasons for payment of tax on a provisional basis and the proper officer shall pass an order, within a period not later than ninety days from the date of receipt of such request, allowing payment of tax on provisional basis at such rate or on such value as may be specified by him. (2) The payment of tax on provisional basis may be allowed, if the taxable person executes a bond in such form as may be prescribed, and with such surety or security as the proper officer may deem fit, binding the 1. Subs. by Act 8 of 2023, s. 147, for certain words (w.e.f. 1-10-2023). 57 ----- taxable person for payment of the difference between the amount of tax as may be finally assessed and the amount of tax provisionally assessed. (3) The proper officer shall, within a period not exceeding six months from the date of the communication of the order issued under sub-section (1), pass the final assessment order after taking into account such information as may be required for finalizing the assessment: Provided that the period specified in this sub-section may, on sufficient cause being shown and for reasons to be recorded in writing, be extended by the Joint Commissioner or Additional Commissioner for a further period not exceeding six months and by the Commissioner for such further period not exceeding four years. (4) The registered person shall be liable to pay interest on any tax payable on the supply of goods or services or both under provisional assessment but not paid on the due date specified under sub-section (7) of section 39 or the rules made thereunder, at the rate specified under sub-section (1) of section 50, from the first day after the due date of payment of tax in respect of the said supply of goods or services or both till the date of actual payment, whether such amount is paid before or after the issuance of order for final assessment. (5) Where the registered person is entitled to a refund consequent to the order of final assessment under sub-section (3), subject to the provisions of sub-section (8) of section 54, interest shall be paid on such refund as provided in section 56. **61. Scrutiny of returns.––(1) The proper officer may scrutinize the return and related particulars furnished** by the registered person to verify the correctness of the return and inform him of the discrepancies noticed, if any, in such manner as may be prescribed and seek his explanation thereto. (2) In case the explanation is found acceptable, the registered person shall be informed accordingly and no further action shall be taken in this regard. (3) In case no satisfactory explanation is furnished within a period of thirty days of being informed by the proper officer or such further period as may be permitted by him or where the registered person, after accepting the discrepancies, fails to take the corrective measure in his return for the month in which the discrepancy is accepted, the proper officer may initiate appropriate action including those under section 65 or section 66 or section 67, or proceed to determine the tax and other dues under section 73 or section 74. **62. Assessment of non-filers of returns.––(1) Notwithstanding anything to the contrary contained in** section 73 or section 74, where a registered person fails to furnish the return under section 39 or section 45, even after the service of a notice under section 46, the proper officer may proceed to assess the tax liability of the said person to the best of his judgment taking into account all the relevant material which is available or which he has gathered and issue an assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates. (2) Where the registered person furnishes a valid return within [1][sixty days] of the service of the assessment order under sub-section (1), the said assessment order shall be deemed to have been withdrawn but the liability for payment of interest under sub-section (1) of section 50 or for payment of late fee under section 47 shall continue. 2[Provided that where the registered person fails to furnish a valid return within sixty days of the service of the assessment order under sub-section (1), he may furnish the same within a further period of sixty days on payment of an additional late fee of one hundred rupees for each day of delay beyond sixty days of the service of the said assessment order and in case he furnishes valid return within such extended period, the said assessment order shall be deemed to have been withdrawn, but the liability to pay interest under sub-section (1) of section 50 or to pay late fee under section 47 shall continue.] **63. Assessment of unregistered persons.––Notwithstanding anything to the contrary contained in** section 73 or section 74, where a taxable person fails to obtain registration even though liable to do so or whose registration has been cancelled under sub-section (2) of section 29 but who was liable to pay tax, the proper officer may proceed to assess the tax liability of such taxable person to the best of his judgment for the relevant tax periods and issue an assessment order within a period of five years from the date 1. Subs. by Act 3 of 2023, s. 145, for “thirty days” (w.e.f. 1-10-2023). 2. Ins. by s. 145, ibid. (w.e.f. 1-10-2023). 58 ----- specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates: Provided that no such assessment order shall be passed without giving the person an opportunity of being heard. **64. Summary assessment in certain special cases.––(1) The proper officer may, on any evidence** showing a tax liability of a person coming to his notice, with the previous permission of Additional Commissioner or Joint Commissioner, proceed to assess the tax liability of such person to protect the interest of revenue and issue an assessment order, if he has sufficient grounds to believe that any delay in doing so may adversely affect the interest of revenue: Provided that where the taxable person to whom the liability pertains is not ascertainable and such liability pertains to supply of goods, the person in charge of such goods shall be deemed to be the taxable person liable to be assessed and liable to pay tax and any other amount due under this section. (2) On an application made by the taxable person within thirty days from the date of receipt of order passed under sub-section (1) or on his own motion, if the Additional Commissioner or Joint Commissioner considers that such order is erroneous, he may withdraw such order and follow the procedure laid down in section 73 or section 74. CHAPTER XIII AUDIT **65. Audit by tax authorities.––(1) The Commissioner or any officer authorised by him, by way of a** general or a specific order, may undertake audit of any registered person for such period, at such frequency and in such manner as may be prescribed. (2) The officers referred to in sub-section (1) may conduct audit at the place of business of the registered person or in their office. (3) The registered person shall be informed by way of a notice not less than fifteen working days prior to the conduct of audit in such manner as may be prescribed. (4) The audit under sub-section (1) shall be completed within a period of three months from the date of commencement of the audit: Provided that where the Commissioner is satisfied that audit in respect of such registered person cannot be completed within three months, he may, for the reasons to be recorded in writing, extend the period by a further period not exceeding six months. _Explanation.––For the purposes of this sub-section, the expression “commencement of audit” shall_ mean the date on which the records and other documents, called for by the tax authorities, are made available by the registered person or the actual institution of audit at the place of business, whichever is later. (5) During the course of audit, the authorised officer may require the registered person,— (i) to afford him the necessary facility to verify the books of account or other documents as he may require; (ii) to furnish such information as he may require and render assistance for timely completion of the audit. (6) On conclusion of audit, the proper officer shall, within thirty days, inform the registered person, whose records are audited, about the findings, his rights and obligations and the reasons for such findings. (7) Where the audit conducted under sub-section (1) results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74. **66. Special audit.––(1) If at any stage of scrutiny, inquiry, investigation or any other proceedings before** him, any officer not below the rank of Assistant Commissioner, having regard to the nature and complexity of the case and the interest of revenue, is of the opinion that the value has not been correctly declared or the credit availed is not within the normal limits, he may, with the prior approval of the Commissioner, direct such 59 ----- registered person by a communication in writing to get his records including books of account examined and audited by a chartered accountant or a cost accountant as may be nominated by the Commissioner. (2) The chartered accountant or cost accountant so nominated shall, within the period of ninety days, submit a report of such audit duly signed and certified by him to the said Assistant Commissioner mentioning therein such other particulars as may be specified: Provided that the Assistant Commissioner may, on an application made to him in this behalf by the registered person or the chartered accountant or cost accountant or for any material and sufficient reason, extend the said period by a further period of ninety days. (3) The provisions of sub-section (1) shall have effect notwithstanding that the accounts of the registered person have been audited under any other provisions of this Act or any other law for the time being in force. (4) The registered person shall be given an opportunity of being heard in respect of any material gathered on the basis of special audit under sub-section (1) which is proposed to be used in any proceedings against him under this Act or the rules made thereunder. (5) The expenses of the examination and audit of records under sub-section (1), including the remuneration of such chartered accountant or cost accountant, shall be determined and paid by the Commissioner and such determination shall be final. (6) Where the special audit conducted under sub-section (1) results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74. CHAPTER XIV INSPECTION, SEARCH, SEIZURE AND ARREST **67. Power of inspection, search and seizure.––(1) Where the proper officer, not below the rank of** Joint Commissioner, has reasons to believe that–– (a) a taxable person has suppressed any transaction relating to supply of goods or services or both or the stock of goods in hand, or has claimed input tax credit in excess of his entitlement under this Act or has indulged in contravention of any of the provisions of this Act or the rules made thereunder to evade tax under this Act; or (b) any person engaged in the business of transporting goods or an owner or operator of a warehouse or a godown or any other place is keeping goods which have escaped payment of tax or has kept his accounts or goods in such a manner as is likely to cause evasion of tax payable under this Act, he may authorise in writing any other officer of central tax to inspect any places of business of the taxable person or the persons engaged in the business of transporting goods or the owner or the operator of warehouse or godown or any other place. (2) Where the proper officer, not below the rank of Joint Commissioner, either pursuant to an inspection carried out under sub-section (1) or otherwise, has reasons to believe that any goods liable to confiscation or any documents or books or things, which in his opinion shall be useful for or relevant to any proceedings under this Act, are secreted in any place, he may authorise in writing any other officer of central tax to search and seize or may himself search and seize such goods, documents or books or things: Provided that where it is not practicable to seize any such goods, the proper officer, or any officer authorised by him, may serve on the owner or the custodian of the goods an order that he shall not remove, part with, or otherwise deal with the goods except with the previous permission of such officer: Provided further that the documents or books or things so seized shall be retained by such officer only for so long as may be necessary for their examination and for any inquiry or proceedings under this Act. 60 ----- (3) The documents, books or things referred to in sub-section (2) or any other documents, books or things produced by a taxable person or any other person, which have not been relied upon for the issue of notice under this Act or the rules made thereunder, shall be returned to such person within a period not exceeding thirty days of the issue of the said notice. (4) The officer authorised under sub-section (2) shall have the power to seal or break open the door of any premises or to break open any _almirah, electronic devices, box, receptacle in which any goods, accounts,_ registers or documents of the person are suspected to be concealed, where access to such premises, almirah, electronic devices, box or receptacle is denied. (5) The person from whose custody any documents are seized under sub-section (2) shall be entitled to make copies thereof or take extracts therefrom in the presence of an authorised officer at such place and time as such officer may indicate in this behalf except where making such copies or taking such extracts may, in the opinion of the proper officer, prejudicially affect the investigation. (6) The goods so seized under sub-section (2) shall be released, on a provisional basis, upon execution of a bond and furnishing of a security, in such manner and of such quantum, respectively, as may be prescribed or on payment of applicable tax, interest and penalty payable, as the case may be. (7) Where any goods are seized under sub-section (2) and no notice in respect thereof is given within six months of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized: Provided that the period of six months may, on sufficient cause being shown, be extended by the proper officer for a further period not exceeding six months. (8) The Government may, having regard to the perishable or hazardous nature of any goods, depreciation in the value of the goods with the passage of time, constraints of storage space for the goods or any other relevant considerations, by notification, specify the goods or class of goods which shall, as soon as may be after its seizure under sub-section (2), be disposed of by the proper officer in such manner as may be prescribed. (9) Where any goods, being goods specified under sub-section (8), have been seized by a proper officer, or any officer authorised by him under sub-section (2), he shall prepare an inventory of such goods in such manner as may be prescribed. (10) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure, shall, so far as may be, apply to search and seizure under this section subject to the modification that sub-section (5) of section 165 of the said Code shall have effect as if for the word “Magistrate”, wherever it occurs, the word “Commissioner” were substituted. (11) Where the proper officer has reasons to believe that any person has evaded or is attempting to evade the payment of any tax, he may, for reasons to be recorded in writing, seize the accounts, registers or documents of such person produced before him and shall grant a receipt for the same, and shall retain the same for so long as may be necessary in connection with any proceedings under this Act or the rules made thereunder for prosecution. (12) The Commissioner or an officer authorised by him may cause purchase of any goods or services or both by any person authorised by him from the business premises of any taxable person, to check the issue of tax invoices or bills of supply by such taxable person, and on return of goods so purchased by such officer, such taxable person or any person in charge of the business premises shall refund the amount so paid towards the goods after cancelling any tax invoice or bill of supply issued earlier. **68. Inspection of goods in movement.––(1) The Government may require the person in charge of a** conveyance carrying any consignment of goods of value exceeding such amount as may be specified to carry with him such documents and such devices as may be prescribed. (2) The details of documents required to be carried under sub-section (1) shall be validated in such manner as may be prescribed. 61 ----- (3) Where any conveyance referred to in sub-section (1) is intercepted by the proper officer at any place, he may require the person in charge of the said conveyance to produce the documents prescribed under the said sub-section and devices for verification, and the said person shall be liable to produce the documents and devices and also allow the inspection of goods. **69. Power to arrest.––(1) Where the Commissioner has reasons to believe that a person has** committed any offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) of section 132 which is punishable under clause (i) or (ii) of sub-section (1), or sub-section (2) of the said section, he may, by order, authorise any officer of central tax to arrest such person. (2) Where a person is arrested under sub-section (1) for an offence specified under sub-section (5) of section 132, the officer authorised to arrest the person shall inform such person of the grounds of arrest and produce him before a Magistrate within twenty-four hours. (3) Subject to the provisions of the Code of Criminal Procedure, 1973 (2 of 1974),–– (a) where a person is arrested under sub-section (1) for any offence specified under sub-section (4) of section 132, he shall be admitted to bail or in default of bail, forwarded to the custody of the Magistrate; (b) in the case of a non-cognizable and bailable offence, the Deputy Commissioner or the Assistant Commissioner shall, for the purpose of releasing an arrested person on bail or otherwise, have the same powers and be subject to the same provisions as an officer-in-charge of a police station. **70. Power to summon persons to give evidence and produce documents.––(1) The proper officer** under this Act shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry in the same manner, as provided in the case of a civil court under the provisions of the Code of Civil Procedure, 1908 (5 of 1908). (2) Every such inquiry referred to in sub-section (1) shall be deemed to be a “judicial proceedings” within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). **71. Access to business premises.––(1) Any officer under this Act, authorised by the proper officer not** below the rank of Joint Commissioner, shall have access to any place of business of a registered person to inspect books of account, documents, computers, computer programs, computer software whether installed in a computer or otherwise and such other things as he may require and which may be available at such place, for the purposes of carrying out any audit, scrutiny, verification and checks as may be necessary to safeguard the interest of revenue. (2) Every person in charge of place referred to in sub-section (1) shall, on demand, make available to the officer authorised under sub-section (1) or the audit party deputed by the proper officer or a cost accountant or chartered accountant nominated under section 66— (i) such records as prepared or maintained by the registered person and declared to the proper officer in such manner as may be prescribed; (ii) trial balance or its equivalent; (iii) statements of annual financial accounts, duly audited, wherever required; (iv) cost audit report, if any, under section 148 of the Companies Act, 2013 (18 of 2013); (v) the income-tax audit report, if any, under section 44AB of the Income-tax Act, 1961 (43 of 1961); and (vi) any other relevant record, for the scrutiny by the officer or audit party or the chartered accountant or cost accountant within a period not exceeding fifteen working days from the day when such demand is made, or such further period as may be allowed by the said officer or the audit party or the chartered accountant or cost accountant. 62 ----- **72. Officers to assist proper officers.––(1) All officers of Police, Railways, Customs, and those** officers engaged in the collection of land revenue, including village officers, officers of State tax and officers of Union territory tax shall assist the proper officers in the implementation of this Act. (2) The Government may, by notification, empower and require any other class of officers to assist the proper officers in the implementation of this Act when called upon to do so by the Commissioner. CHAPTER XV DEMANDS AND RECOVERY **73. Determination of tax not paid or short paid or erroneously refunded or input tax credit** **wrongly availed or utilised for any reason other than fraud or any wilful-misstatement or suppression** **of facts.––(1) Where it appears to the proper officer that any tax has not been paid or short paid or** erroneously refunded, or where input tax credit has been wrongly availed or utilised for any reason, other than the reason of fraud or any wilful-misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty leviable under the provisions of this Act or the rules made thereunder. (2) The proper officer shall issue the notice under sub-section (1) at least three months prior to the time limit specified in sub-section (10) for issuance of order. (3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax. (4) The service of such statement shall be deemed to be service of notice on such person under sub-section (1), subject to the condition that the grounds relied upon for such tax periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice. (5) The person chargeable with tax may, before service of notice under sub-section (1) or, as the case may be, the statement under sub-section (3), pay the amount of tax along with interest payable thereon under section 50 on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment. (6) The proper officer, on receipt of such information, shall not serve any notice under sub-section (1) or, as the case may be, the statement under sub-section (3), in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder. (7) Where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub-section (1) in respect of such amount which falls short of the amount actually payable. (8) Where any person chargeable with tax under sub-section (1) or sub-section (3) pays the said tax along with interest payable under section 50 within thirty days of issue of show cause notice, no penalty shall be payable and all proceedings in respect of the said notice shall be deemed to be concluded. (9) The proper officer shall, after considering the representation, if any, made by person chargeable with tax, determine the amount of tax, interest and a penalty equivalent to ten per cent. of tax or ten thousand rupees, whichever is higher, due from such person and issue an order. (10) The proper officer shall issue the order under sub-section (9) within three years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within three years from the date of erroneous refund. 63 ----- (11) Notwithstanding anything contained in sub-section (6) or sub-section (8), penalty under sub-section (9) shall be payable where any amount of self-assessed tax or any amount collected as tax has not been paid within a period of thirty days from the due date of payment of such tax. **74. Determination of tax not paid or short paid or erroneously refunded or input tax credit** **wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts.––(1)** Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised by reason of fraud, or any wilful-misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty equivalent to the tax specified in the notice. (2) The proper officer shall issue the notice under sub-section (1) at least six months prior to the time limit specified in sub-section (10) for issuance of order. (3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax. (4) The service of statement under sub-section (3) shall be deemed to be service of notice under sub-section (1) of section 73, subject to the condition that the grounds relied upon in the said statement, except the ground of fraud, or any wilful-misstatement or suppression of facts to evade tax, for periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice. (5) The person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 and a penalty equivalent to fifteen per cent. of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment. (6) The proper officer, on receipt of such information, shall not serve any notice under sub-section (1), in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder. (7) Where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub-section (1) in respect of such amount which falls short of the amount actually payable. (8) Where any person chargeable with tax under sub-section (1) pays the said tax along with interest payable under section 50 and a penalty equivalent to twenty-five per cent. of such tax within thirty days of issue of the notice, all proceedings in respect of the said notice shall be deemed to be concluded. (9) The proper officer shall, after considering the representation, if any, made by the person chargeable with tax, determine the amount of tax, interest and penalty due from such person and issue an order. (10) The proper officer shall issue the order under sub-section (9) within a period of five years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within five years from the date of erroneous refund. (11) Where any person served with an order issued under sub-section (9) pays the tax along with interest payable thereon under section 50 and a penalty equivalent to fifty per cent. of such tax within thirty days of communication of the order, all proceedings in respect of the said notice shall be deemed to be concluded. _Explanation 1.—For the purposes of section 73 and this section,—_ (i) the expression “all proceedings in respect of the said notice” shall not include proceedings under section 132; 64 ----- (ii) where the notice under the same proceedings is issued to the main person liable to pay tax and some other persons, and such proceedings against the main person have been concluded under section 73 or section 74, the proceedings against all the persons liable to pay penalty under [1][sections 122 and 125] are deemed to be concluded. _Explanation 2.––For the purposes of this Act, the expression “suppression” shall mean non-declaration_ of facts or information which a taxable person is required to declare in the return, statement, report or any other document furnished under this Act or the rules made thereunder, or failure to furnish any information on being asked for, in writing, by the proper officer. **75. General provisions relating to determination of tax.—(1) Where the service of notice or** issuance of order is stayed by an order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74, as the case may be. (2) Where any Appellate Authority or Appellate Tribunal or court concludes that the notice issued under sub-section (1) of section 74 is not sustainable for the reason that the charges of fraud or any wilful-misstatement or suppression of facts to evade tax has not been established against the person to whom the notice was issued, the proper officer shall determine the tax payable by such person, deeming as if the notice were issued under sub-section (1) of section 73. (3) Where any order is required to be issued in pursuance of the direction of the Appellate Authority or Appellate Tribunal or a court, such order shall be issued within two years from the date of communication of the said direction. (4) An opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person. (5) The proper officer shall, if sufficient cause is shown by the person chargeable with tax, grant time to the said person and adjourn the hearing for reasons to be recorded in writing: Provided that no such adjournment shall be granted for more than three times to a person during the proceedings. (6) The proper officer, in his order, shall set out the relevant facts and the basis of his decision. (7) The amount of tax, interest and penalty demanded in the order shall not be in excess of the amount specified in the notice and no demand shall be confirmed on the grounds other than the grounds specified in the notice. (8) Where the Appellate Authority or Appellate Tribunal or court modifies the amount of tax determined by the proper officer, the amount of interest and penalty shall stand modified accordingly, taking into account the amount of tax so modified. (9) The interest on the tax short paid or not paid shall be payable whether or not specified in the order determining the tax liability. (10) The adjudication proceedings shall be deemed to be concluded, if the order is not issued within three years as provided for in sub-section (10) of section 73 or within five years as provided for in sub-section (10) of section 74. (11) An issue on which the Appellate Authority or the Appellate Tribunal or the High Court has given its decision which is prejudicial to the interest of revenue in some other proceedings and an appeal to the Appellate Tribunal or the High Court or the Supreme Court against such decision of the Appellate Authority 1. Subs. by Act 13 of 2021, s. 113, for the words and figures “sections 122, 125, 129 and 130” (w.e.f. 1-1-2022). 65 ----- or the Appellate Tribunal or the High Court is pending, the period spent between the date of the decision of the Appellate Authority and that of the Appellate Tribunal or the date of decision of the Appellate Tribunal and that of the High Court or the date of the decision of the High Court and that of the Supreme Court shall be excluded in computing the period referred to in sub-section (10) of section 73 or sub-section (10) of section 74 where proceedings are initiated by way of issue of a show cause notice under the said sections. (12) Notwithstanding anything contained in section 73 or section 74, where any amount of self-assessed tax in accordance with a return furnished under section 39 remains unpaid, either wholly or partly, or any amount of interest payable on such tax remains unpaid, the same shall be recovered under the provisions of section 79. 1[Explanation.—For the purposes of this sub-section, the expression “self-assessed tax” shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39.] (13) Where any penalty is imposed under section 73 or section 74, no penalty for the same act or omission shall be imposed on the same person under any other provision of this Act. **76. Tax collected but not paid to Government.—(1) Notwithstanding anything to the contrary** contained in any order or direction of any Appellate Authority or Appellate Tribunal or court or in any other provisions of this Act or the rules made thereunder or any other law for the time being in force, every person who has collected from any other person any amount as representing the tax under this Act, and has not paid the said amount to the Government, shall forthwith pay the said amount to the Government, irrespective of whether the supplies in respect of which such amount was collected are taxable or not. (2) Where any amount is required to be paid to the Government under sub-section (1), and which has not been so paid, the proper officer may serve on the person liable to pay such amount a notice requiring him to show cause as to why the said amount as specified in the notice, should not be paid by him to the Government and why a penalty equivalent to the amount specified in the notice should not be imposed on him under the provisions of this Act. (3) The proper officer shall, after considering the representation, if any, made by the person on whom the notice is served under sub-section (2), determine the amount due from such person and thereupon such person shall pay the amount so determined. (4) The person referred to in sub-section (1) shall in addition to paying the amount referred to in sub-section (1) or sub-section (3) also be liable to pay interest thereon at the rate specified under section 50 from the date such amount was collected by him to the date such amount is paid by him to the Government. (5) An opportunity of hearing shall be granted where a request is received in writing from the person to whom the notice was issued to show cause. (6) The proper officer shall issue an order within one year from the date of issue of the notice. (7) Where the issuance of order is stayed by an order of the court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of one year. (8) The proper officer, in his order, shall set out the relevant facts and the basis of his decision. (9) The amount paid to the Government under sub-section (1) or sub-section (3) shall be adjusted against the tax payable, if any, by the person in relation to the supplies referred to in sub-section (1). (10) Where any surplus is left after the adjustment under sub-section (9), the amount of such surplus shall either be credited to the Fund or refunded to the person who has borne the incidence of such amount. 1. The Explanation ins. by Act 13 of 2021, s. 114 (w.e.f. 1-1-2022). 66 ----- (11) The person who has borne the incidence of the amount, may apply for the refund of the same in accordance with the provisions of section 54. **77. Tax wrongfully collected and paid to Central Government or State Government.—(1) A** registered person who has paid the Central tax and State tax or, as the case may be, the central tax and the Union territory tax on a transaction considered by him to be an intra-State supply, but which is subsequently held to be an inter-State supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribed. (2) A registered person who has paid integrated tax on a transaction considered by him to be an inter-State supply, but which is subsequently held to be an intra-State supply, shall not be required to pay any interest on the amount of central tax and State tax or, as the case may be, the Central tax and the Union territory tax payable. **78. Initiation of recovery proceedings.—Any amount payable by a taxable person in pursuance of** an order passed under this Act shall be paid by such person within a period of three months from the date of service of such order failing which recovery proceedings shall be initiated: Provided that where the proper officer considers it expedient in the interest of revenue, he may, for reasons to be recorded in writing, require the said taxable person to make such payment within such period less than a period of three months as may be specified by him. **79. Recovery of tax.—(1) Where any amount payable by a person to the Government under any of** the provisions of this Act or the rules made thereunder is not paid, the proper officer shall proceed to recover the amount by one or more of the following modes, namely:–– (a) the proper officer may deduct or may require any other specified officer to deduct the amount so payable from any money owing to such person which may be under the control of the proper officer or such other specified officer; (b) the proper officer may recover or may require any other specified officer to recover the amount so payable by detaining and selling any goods belonging to such person which are under the control of the proper officer or such other specified officer; (c) (i) the proper officer may, by a notice in writing, require any other person from whom money is due or may become due to such person or who holds or may subsequently hold money for or on account of such person, to pay to the Government either forthwith upon the money becoming due or being held, or within the time specified in the notice not being before the money becomes due or is held, so much of the money as is sufficient to pay the amount due from such person or the whole of the money when it is equal to or less than that amount; (ii) every person to whom the notice is issued under sub-clause (i) shall be bound to comply with such notice, and in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary; (iii) in case the person to whom a notice under sub-clause (i) has been issued, fails to make the payment in pursuance thereof to the Government, he shall be deemed to be a defaulter in respect of the amount specified in the notice and all the consequences of this Act or the rules made thereunder shall follow; (iv) the officer issuing a notice under sub-clause (i) may, at any time, amend or revoke such notice or extend the time for making any payment in pursuance of the notice; (v) any person making any payment in compliance with a notice issued under sub-clause (i) shall be deemed to have made the payment under the authority of the person in default and such payment being credited to the Government shall be deemed to constitute a good and sufficient discharge of the liability of such person to the person in default to the extent of the amount specified in the receipt; 67 ----- (vi) any person discharging any liability to the person in default after service on him of the notice issued under sub-clause (i) shall be personally liable to the Government to the extent of the liability discharged or to the extent of the liability of the person in default for tax, interest and penalty, whichever is less; (vii) where a person on whom a notice is served under sub-clause (i) proves to the satisfaction of the officer issuing the notice that the money demanded or any part thereof was not due to the person in default or that he did not hold any money for or on account of the person in default, at the time the notice was served on him, nor is the money demanded or any part thereof, likely to become due to the said person or be held for or on account of such person, nothing contained in this section shall be deemed to require the person on whom the notice has been served to pay to the Government any such money or part thereof; (d) the proper officer may, in accordance with the rules to be made in this behalf, distrain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid; and in case, any part of the said amount payable or of the cost of the distress or keeping of the property, remains unpaid for a period of thirty days next after any such distress, may cause the said property to be sold and with the proceeds of such sale, may satisfy the amount payable and the costs including cost of sale remaining unpaid and shall render the surplus amount, if any, to such person; (e) the proper officer may prepare a certificate signed by him specifying the amount due from such person and send it to the Collector of the district in which such person owns any property or resides or carries on his business or to any officer authorised by the Government and the said Collector or the said officer, on receipt of such certificate, shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue; (f) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the proper officer may file an application to the appropriate Magistrate and such Magistrate shall proceed to recover from such person the amount specified thereunder as if it were a fine imposed by him. (2) Where the terms of any bond or other instrument executed under this Act or any rules or regulations made thereunder provide that any amount due under such instrument may be recovered in the manner laid down in sub-section (1), the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that sub-section. (3) Where any amount of tax, interest or penalty is payable by a person to the Government under any of the provisions of this Act or the rules made thereunder and which remains unpaid, the proper officer of State tax or Union territory tax, during the course of recovery of said tax arrears, may recover the amount from the said person as if it were an arrear of State tax or Union territory tax and credit the amount so recovered to the account of the Government. (4) Where the amount recovered under sub-section (3) is less than the amount due to the Central Government and State Government, the amount to be credited to the account of the respective Governments shall be in proportion to the amount due to each such Government. 1[Explanation.––For the purposes of this section, the word person shall include “distinct persons” as referred to in sub-section (4) or, as the case may be, sub-section (5) of section 25.] **80. Payment of tax and other amount in instalments.—On an application filed by a taxable person,** the Commissioner may, for reasons to be recorded in writing, extend the time for payment or allow payment of any amount due under this Act, other than the amount due as per the liability self-assessed in any return, by such person in monthly instalments not exceeding twenty four, subject to payment of interest under section 50 and subject to such conditions and limitations as may be prescribed: 1. The Explanation ins. by Act 31 of 2018, s. 24 (w.e.f. 1-2-2019). 68 ----- Provided that where there is default in payment of any one instalment on its due date, the whole outstanding balance payable on such date shall become due and payable forthwith and shall, without any further notice being served on the person, be liable for recovery. **81. Transfer of property to be void in certain cases.—Where a person, after any amount has** become due from him, creates a charge on or parts with the property belonging to him or in his possession by way of sale, mortgage, exchange, or any other mode of transfer whatsoever of any of his properties in favour of any other person with the intention of defrauding the Government revenue, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the said person: Provided that, such charge or transfer shall not be void if it is made for adequate consideration, in good faith and without notice of the pendency of such proceedings under this Act or without notice of such tax or other sum payable by the said person, or with the previous permission of the proper officer. **82. Tax to be first charge on property.—Notwithstanding anything to the contrary contained in any** law for the time being in force, save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (31 of 2016), any amount payable by a taxable person or any other person on account of tax, interest or penalty which he is liable to pay to the Government shall be a first charge on the property of such taxable person or such person. **83. Provisional attachment to protect revenue in certain cases.—[1][(1) Where, after the initiation** of any proceeding under Chapter XII, Chapter XIV or Chapter XV, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue it is necessary so to do, he may, by order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section (1A) of section 122, in such manner as may be prescribed.] (2) Every such provisional attachment shall cease to have effect after the expiry of a period of one year from the date of the order made under sub-section (1). **84. Continuation and validation of certain recovery proceedings.—Where any notice of demand in** respect of any tax, penalty, interest or any other amount payable under this Act, (hereafter in this section referred to as “Government dues”), is served upon any taxable person or any other person and any appeal or revision application is filed or any other proceedings is initiated in respect of such Government dues, then–– (a) where such Government dues are enhanced in such appeal, revision or other proceedings, the Commissioner shall serve upon the taxable person or any other person another notice of demand in respect of the amount by which such Government dues are enhanced and any recovery proceedings in relation to such Government dues as are covered by the notice of demand served upon him before the disposal of such appeal, revision or other proceedings may, without the service of any fresh notice of demand, be continued from the stage at which such proceedings stood immediately before such disposal; (b) where such Government dues are reduced in such appeal, revision or in other proceedings–– (i) it shall not be necessary for the Commissioner to serve upon the taxable person a fresh notice of demand; (ii) the Commissioner shall give intimation of such reduction to him and to the appropriate authority with whom recovery proceedings is pending; (iii) any recovery proceedings initiated on the basis of the demand served upon him prior to the disposal of such appeal, revision or other proceedings may be continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal. 1. Subs. by Act 13 of 2021, s. 115, for sub-section (1) (w.e.f. 1-1-2022). 69 ----- CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES **85. Liability in case of transfer of business.—(1) Where a taxable person, liable to pay tax under** this Act, transfers his business in whole or in part, by sale, gift, lease, leave and license, hire or in any other manner whatsoever, the taxable person and the person to whom the business is so transferred shall, jointly and severally, be liable wholly or to the extent of such transfer, to pay the tax, interest or any penalty due from the taxable person up to the time of such transfer, whether such tax, interest or penalty has been determined before such transfer, but has remained unpaid or is determined thereafter. (2) Where the transferee of a business referred to in sub-section (1) carries on such business either in his own name or in some other name, he shall be liable to pay tax on the supply of goods or services or both effected by him with effect from the date of such transfer and shall, if he is a registered person under this Act, apply within the prescribed time for amendment of his certificate of registration. **86. Liability of agent and principal.—Where an agent supplies or receives any taxable goods on** behalf of his principal, such agent and his principal shall, jointly and severally, be liable to pay the tax payable on such goods under this Act. **87. Liability in case of amalgamation or merger of companies.—(1) When two or more companies** are amalgamated or merged in pursuance of an order of court or of Tribunal or otherwise and the order is to take effect from a date earlier to the date of the order and any two or more of such companies have supplied or received any goods or services or both to or from each other during the period commencing on the date from which the order takes effect till the date of the order, then such transactions of supply and receipt shall be included in the turnover of supply or receipt of the respective companies and they shall be liable to pay tax accordingly. (2) Notwithstanding anything contained in the said order, for the purposes of this Act, the said two or more companies shall be treated as distinct companies for the period up to the date of the said order and the registration certificates of the said companies shall be cancelled with effect from the date of the said order. **88. Liability in case of company in liquidation.—(1) When any company is being wound up** whether under the orders of a court or Tribunal or otherwise, every person appointed as receiver of any assets of a company (hereafter in this section referred to as the “liquidator”), shall, within thirty days after his appointment, give intimation of his appointment to the Commissioner. (2) The Commissioner shall, after making such inquiry or calling for such information as he may deem fit, notify the liquidator within three months from the date on which he receives intimation of the appointment of the liquidator, the amount which in the opinion of the Commissioner would be sufficient to provide for any tax, interest or penalty which is then, or is likely thereafter to become, payable by the company. (3) When any private company is wound up and any tax, interest or penalty determined under this Act on the company for any period, whether before or in the course of or after its liquidation, cannot be recovered, then every person who was a director of such company at any time during the period for which the tax was due shall, jointly and severally, be liable for the payment of such tax, interest or penalty, unless he proves to the satisfaction of the Commissioner that such non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. **89. Liability of directors of private company.—(1) Notwithstanding anything contained in the** Companies Act, 2013 (18 of 2013), where any tax, interest or penalty due from a private company in respect of any supply of goods or services or both for any period cannot be recovered, then, every person who was a director of the private company during such period shall, jointly and severally, be liable for the payment of such tax, interest or penalty unless he proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. (2) Where a private company is converted into a public company and the tax, interest or penalty in respect of any supply of goods or services or both for any period during which such company was a private 70 ----- company cannot be recovered before such conversion, then, nothing contained in sub-section (1) shall apply to any person who was a director of such private company in relation to any tax, interest or penalty in respect of such supply of goods or services or both of such private company: Provided that nothing contained in this sub-section shall apply to any personal penalty imposed on such director. **90. Liability of partners of firm to pay tax.—Notwithstanding any contract to the contrary and any** other law for the time being in force, where any firm is liable to pay any tax, interest or penalty under this Act, the firm and each of the partners of the firm shall, jointly and severally, be liable for such payment: Provided that where any partner retires from the firm, he or the firm, shall intimate the date of retirement of the said partner to the Commissioner by a notice in that behalf in writing and such partner shall be liable to pay tax, interest or penalty due up to the date of his retirement whether determined or not, on that date: Provided further that if no such intimation is given within one month from the date of retirement, the liability of such partner under the first proviso shall continue until the date on which such intimation is received by the Commissioner. **91. Liability of guardians, trustees, etc.—Where the business in respect of which any tax, interest or** penalty is payable under this Act is carried on by any guardian, trustee or agent of a minor or other incapacitated person on behalf of and for the benefit of such minor or other incapacitated person, the tax, interest or penalty shall be levied upon and recoverable from such guardian, trustee or agent in like manner and to the same extent as it would be determined and recoverable from any such minor or other incapacitated person, as if he were a major or capacitated person and as if he were conducting the business himself, and all the provisions of this Act or the rules made thereunder shall apply accordingly. **92. Liability of Court of Wards, etc.—Where the estate or any portion of the estate of a taxable person** owning a business in respect of which any tax, interest or penalty is payable under this Act is under the control of the Court of Wards, the Administrator General, the Official Trustee or any receiver or manager (including any person, whatever be his designation, who in fact manages the business) appointed by or under any order of a court, the tax, interest or penalty shall be levied upon and be recoverable from such Court of Wards, Administrator General, Official Trustee, receiver or manager in like manner and to the same extent as it would be determined and be recoverable from the taxable person as if he were conducting the business himself, and all the provisions of this Act or the rules made thereunder shall apply accordingly. **93. Special provisions regarding liability to pay tax, interest or penalty in certain** **cases.—(1) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (31 of 2016),** where a person, liable to pay tax, interest or penalty under this Act, dies, then–– (a) if a business carried on by the person is continued after his death by his legal representative or any other person, such legal representative or other person, shall be liable to pay tax, interest or penalty due from such person under this Act; and (b) if the business carried on by the person is discontinued, whether before or after his death, his legal representative shall be liable to pay, out of the estate of the deceased, to the extent to which the estate is capable of meeting the charge, the tax, interest or penalty due from such person under this Act, whether such tax, interest or penalty has been determined before his death but has remained unpaid or is determined after his death. (2) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (31 of 2016), where a taxable person, liable to pay tax, interest or penalty under this Act, is a Hindu Undivided Family or an association of persons and the property of the Hindu Undivided Family or the association of persons is partitioned amongst the various members or groups of members, then, each member or group of members shall, jointly and severally, be liable to pay the tax, interest or penalty due from the taxable person under this Act up to the time of the partition whether such tax, penalty or interest has been determined before partition but has remained unpaid or is determined after the partition. 71 ----- (3) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (31 of 2016), where a taxable person, liable to pay tax, interest or penalty under this Act, is a firm, and the firm is dissolved, then, every person who was a partner shall, jointly and severally, be liable to pay the tax, interest or penalty due from the firm under this Act up to the time of dissolution whether such tax, interest or penalty has been determined before the dissolution, but has remained unpaid or is determined after dissolution. (4) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (31 of 2016), where a taxable person liable to pay tax, interest or penalty under this Act,–– (a) is the guardian of a ward on whose behalf the business is carried on by the guardian; or (b) is a trustee who carries on the business under a trust for a beneficiary, then, if the guardianship or trust is terminated, the ward or the beneficiary shall be liable to pay the tax, interest or penalty due from the taxable person upto the time of the termination of the guardianship or trust, whether such tax, interest or penalty has been determined before the termination of guardianship or trust but has remained unpaid or is determined thereafter. **94. Liability in other cases.––(1) Where a taxable person is a firm or an association of persons or a** Hindu Undivided Family and such firm, association or family has discontinued business–– (a) the tax, interest or penalty payable under this Act by such firm, association or family up to the date of such discontinuance may be determined as if no such discontinuance had taken place; and (b) every person who, at the time of such discontinuance, was a partner of such firm, or a member of such association or family, shall, notwithstanding such discontinuance, jointly and severally, be liable for the payment of tax and interest determined and penalty imposed and payable by such firm, association or family, whether such tax and interest has been determined or penalty imposed prior to or after such discontinuance and subject as aforesaid, the provisions of this Act shall, so far as may be, apply as if every such person or partner or member were himself a taxable person. (2) Where a change has occurred in the constitution of a firm or an association of persons, the partners of the firm or members of association, as it existed before and as it exists after the reconstitution, shall, without prejudice to the provisions of section 90, jointly and severally, be liable to pay tax, interest or penalty due from such firm or association for any period before its reconstitution. (3) The provisions of sub-section (1) shall, so far as may be, apply where the taxable person, being a firm or association of persons is dissolved or where the taxable person, being a Hindu Undivided Family, has effected partition with respect to the business carried on by it and accordingly references in that sub-section to discontinuance shall be construed as reference to dissolution or to partition. _Explanation.––For the purposes of this Chapter,––_ (i) a “Limited Liability Partnership” formed and registered under the provisions of the Limited Liability Partnership Act, 2008 (6 of 2009) shall also be considered as a firm; (ii) “court” means the District Court, High Court or Supreme Court. CHAPTER XVII ADVANCE RULING **95. Definitions.––In this Chapter, unless the context otherwise requires,––** (a) “advance ruling” means a decision provided by the Authority or the Appellate Authority [1][or the National Appellate Authority] to an applicant on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) of section 100, [1][or of section 101C] in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant; (b) “Appellate Authority” means the Appellate Authority for Advance Ruling referred to in section 99; 1. Ins. by Act 23 of 2019, s. 104 (w.e.f. 1-1-2020). 72 ----- (c) “applicant” means any person registered or desirous of obtaining registration under this Act; (d) “application” means an application made to the Authority under sub-section (1) of section 97; (e) “Authority” means the Authority for Advance Ruling referred to in section 96; 1[(f) “National Appellate Authority” means the National Appellate Authority for Advance Ruling referred to in section 101A.] **96. Authority for advance ruling.––Subject to the provisions of this Chapter, for the purposes of this** Act, the Authority for advance ruling constituted under the provisions of a State Goods and Services Tax Act or Union Territory Goods and Services Tax Act shall be deemed to be the Authority for advance ruling in respect of that State or Union territory. **97. Application for advance ruling.––(1) An applicant desirous of obtaining an advance ruling** under this Chapter may make an application in such form and manner and accompanied by such fee as may be prescribed, stating the question on which the advance ruling is sought. (2) The question on which the advance ruling is sought under this Act, shall be in respect of,–– (a) classification of any goods or services or both; (b) applicability of a notification issued under the provisions of this Act; (c) determination of time and value of supply of goods or services or both; (d) admissibility of input tax credit of tax paid or deemed to have been paid; (e) determination of the liability to pay tax on any goods or services or both; (f) whether applicant is required to be registered; (g) whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or services or both, within the meaning of that term. **98. Procedure on receipt of application.––(1) On receipt of an application, the Authority shall cause** a copy thereof to be forwarded to the concerned officer and, if necessary, call upon him to furnish the relevant records: Provided that where any records have been called for by the Authority in any case, such records shall, as soon as possible, be returned to the said concerned officer. (2) The Authority may, after examining the application and the records called for and after hearing the applicant or his authorised representative and the concerned officer or his authorised representative, by order, either admit or reject the application: Provided that the Authority shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act: Provided further that no application shall be rejected under this sub-section unless an opportunity of hearing has been given to the applicant: Provided also that where the application is rejected, the reasons for such rejection shall be specified in the order. (3) A copy of every order made under sub-section (2) shall be sent to the applicant and to the concerned officer. 1. Ins. by Act 23 of 2019, s. 104 (w.e.f. 1-1-2020). 73 ----- (4) Where an application is admitted under sub-section (2), the Authority shall, after examining such further material as may be placed before it by the applicant or obtained by the Authority and after providing an opportunity of being heard to the applicant or his authorised representative as well as to the concerned officer or his authorised representative, pronounce its advance ruling on the question specified in the application. (5) Where the members of the Authority differ on any question on which the advance ruling is sought, they shall state the point or points on which they differ and make a reference to the Appellate Authority for hearing and decision on such question. (6) The Authority shall pronounce its advance ruling in writing within ninety days from the date of receipt of application. (7) A copy of the advance ruling pronounced by the Authority duly signed by the members and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer and the jurisdictional officer after such pronouncement. **99. Appellate Authority for advance ruling.––Subject to the provisions of this Chapter, for the** purposes of this Act, the Appellate Authority for Advance Ruling constituted under the provisions of a State Goods and Services Tax Act or a Union Territory Goods and Services Tax Act shall be deemed to be the Appellate Authority in respect of that State or Union territory. **100. Appeal to Appellate Authority.––(1) The concerned officer, the jurisdictional officer or an** applicant aggrieved by any advance ruling pronounced under sub-section (4) of section 98, may appeal to the Appellate Authority. (2) Every appeal under this section shall be filed within a period of thirty days from the date on which the ruling sought to be appealed against is communicated to the concerned officer, the jurisdictional officer and the applicant: Provided that the Appellate Authority may, if it is satisfied that the appellant was prevented by a sufficient cause from presenting the appeal within the said period of thirty days, allow it to be presented within a further period not exceeding thirty days. (3) Every appeal under this section shall be in such form, accompanied by such fee and verified in such manner as may be prescribed. **101. Orders of Appellate Authority.––(1) The Appellate Authority may, after giving the parties to** the appeal or reference an opportunity of being heard, pass such order as it thinks fit, confirming or modifying the ruling appealed against or referred to. (2) The order referred to in sub-section (1) shall be passed within a period of ninety days from the date of filing of the appeal under section 100 or a reference under sub-section (5) of section 98. (3) Where the members of the Appellate Authority differ on any point or points referred to in appeal or reference, it shall be deemed that no advance ruling can be issued in respect of the question under the appeal or reference. (4) A copy of the advance ruling pronounced by the Appellate Authority duly signed by the Members and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer, the jurisdictional officer and to the Authority after such pronouncement. 1[101A. Constitution of National Appellate Authority for Advance Ruling.—(1) The Government shall, on the recommendations of the Council, by notification, constitute, with effect from such date as may be specified therein, an Authority known as the National Appellate Authority for Advance Ruling for hearing appeals made under section 101B. 1. Ins. by Act 23 of 2019, s. 105 (w.e.f. 1-1-2020). 74 ----- (2) The National Appellate Authority shall consist of— (i) the President, who has been a Judge of the Supreme Court or is or has been the Chief Justice of a High Court, or is or has been a Judge of a High Court for a period not less than five years; (ii) a Technical Member (Centre) who is or has been a member of Indian Revenue (Customs and Central Excise) Service, Group A, and has completed at least fifteen years of service in Group A; (iii) a Technical Member (State) who is or has been an officer of the State Government not below the rank of Additional Commissioner of Value Added Tax or the Additional Commissioner of State tax with at least three years of experience in the administration of an existing law or the State Goods and Services Tax Act or in the field of finance and taxation. (3) The President of the National Appellate Authority shall be appointed by the Government after consultation with the Chief Justice of India or his nominee: Provided that in the event of the occurrence of any vacancy in the office of the President by the reason of his death, resignation or otherwise, the senior most Member of the National Appellate Authority shall act as the President until the date on which a new President, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office: Provided further that where the President is unable to discharge his functions owing to absence, illness or any other cause, the senior most Member of the National Appellate Authority shall discharge the functions of the President until the date on which the President resumes his duties. (4) The Technical Member (Centre) and Technical Member (State) of the National Appellate Authority shall be appointed by the Government on the recommendations of a Selection Committee consisting of such persons and in such manner as may be prescribed. (5) No appointment of the Members of the National Appellate Authority shall be invalid merely by the reason of any vacancy or defect in the constitution of the Selection Committee. (6) Before appointing any person as the President or Members of the National Appellate Authority, the Government shall satisfy itself that such person does not have any financial or other interests which are likely to prejudicially affect his functions as such President or Member. (7) The salary, allowances and other terms and conditions of service of the President and the Members of the National Appellate Authority shall be such as may be prescribed: Provided that neither salary and allowances nor other terms and conditions of service of the President or Members of the National Appellate Authority shall be varied to their disadvantage after their appointment. (8) The President of the National Appellate Authority shall hold office for a term of three years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier and shall also be eligible for reappointment. (9) The Technical Member (Centre) or Technical Member (State) of the National Appellate Authority shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier and shall also be eligible for reappointment. (10) The President or any Member may, by notice in writing under his hand addressed to the Government, resign from his office: Provided that the President or Member shall continue to hold office until the expiry of three months from the date of receipt of such notice by the Government, or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (11) The Government may, after consultation with the Chief Justice of India, remove from the office such President or Member, who— (a) has been adjudged an insolvent; or 75 ----- (b) has been convicted of an offence which, in the opinion of such Government involves moral turpitude; or (c) has become physically or mentally incapable of acting as such President or Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such President or Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that the President or the Member shall not be removed on any of the grounds specified in clauses (d) and (e), unless he has been informed of the charges against him and has been given an opportunity of being heard. (12) Without prejudice to the provisions of sub-section (11), the President and Technical Members of the National Appellate Authority shall not be removed from their office except by an order made by the Government on the ground of proven misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court nominated by the Chief Justice of India on a reference made to him by the Government and such President or Member had been given an opportunity of being heard. (13) The Government, with the concurrence of the Chief Justice of India, may suspend from office, the President or Technical Members of the National Appellate Authority in respect of whom a reference has been made to the Judge of the Supreme Court under sub-section (12). (14) Subject to the provisions of article 220 of the Constitution, the President or Members of the National Appellate Authority, on ceasing to hold their office, shall not be eligible to appear, act or plead before the National Appellate Authority where he was the President or, as the case may be, a Member. **101B. Appeal to National Appellate Authority.—(1) Where, in respect of the questions referred to** in sub-section (2) of section 97, conflicting Advance Rulings are given by the Appellate Authorities of two or more States or Union territories or both under sub-section (1) or sub-section (3) of section 101, any officer authorised by the Commissioner or an applicant, being distinct person referred to in section 25 aggrieved by such Advance Ruling, may prefer an appeal to National Appellate Authority: Provided that the officer shall be from the States in which such Advance Rulings have been given. (2) Every appeal under this section shall be filed within a period of thirty days from the date on which the ruling sought to be appealed against is communicated to the applicants, concerned officers and jurisdictional officers: Provided that the officer authorised by the Commissioner may file appeal within a period of ninety days from the date on which the ruling sought to be appealed against is communicated to the concerned officer or the jurisdictional officer: Provided further that the National Appellate Authority may, if it is satisfied that the appellant was prevented by a sufficient cause from presenting the appeal within the said period of thirty days, or as the case may be, ninety days, allow such appeal to be presented within a further period not exceeding thirty days. _Explanation.—For removal of doubts, it is clarified that the period of thirty days or as the case may_ be, ninety days shall be counted from the date of communication of the last of the conflicting rulings sought to be appealed against. (3) Every appeal under this section shall be in such form, accompanied by such fee and verified in such manner as may be prescribed. **101C. Order of National Appellate Authority.—(1) The National Appellate Authority may, after** giving an opportunity of being heard to the applicant, the officer authorised by the Commissioner, all Principal Chief Commissioners, Chief Commissioners of Central tax and Chief Commissioner and Commissioner of State tax of all States and Chief Commissioner and Commissioner of Union territory tax of all Union territories, pass such order as it thinks fit, confirming or modifying the rulings appealed against. 76 ----- (2) If the members of the National Appellate Authority differ in opinion on any point, it shall be decided according to the opinion of the majority. (3) The order referred to in sub-section (1) shall be passed as far as possible within a period of ninety days from the date of filing of the appeal under section 101B. (4) A copy of the Advance Ruling pronounced by the National Appellate Authority shall be duly signed by the Members and certified in such manner as may be prescribed and shall be sent to the applicant, the officer authorised by the Commissioner, the Board, the Chief Commissioner and Commissioner of State tax of all States and Chief Commissioner and Commissioner of Union territory tax of all Union territories and to the Authority or Appellate Authority, as the case may be, after such pronouncement.] **102. Rectification of advance ruling.—The Authority or the Appellate Authority** [1][or the National Appellate Authority] may amend any order passed by it under section 98 or section 101 [1][or section 101C], so as to rectify any error apparent on the face of the record, if such error is noticed by the Authority or the Appellate Authority on its own accord, or is brought to its notice by the concerned officer, the jurisdictional officer, the applicant [2][, appellant, the Authority or the Appellate Authority] within a period of six months from the date of the order: Provided that no rectification which has the effect of enhancing the tax liability or reducing the amount of admissible input tax credit shall be made unless the applicant or the appellant has been given an opportunity of being heard. **103. Applicability of advance ruling.—(1) The advance ruling pronounced by the Authority or the** Appellate Authority under this Chapter shall be binding only— (a) on the applicant who had sought it in respect of any matter referred to in sub-section (2) of section 97 for advance ruling; (b) on the concerned officer or the jurisdictional officer in respect of the applicant. 3[(1A) The Advance Ruling pronounced by the National Appellate Authority under this Chapter shall be binding on— (a) the applicants, being distinct persons, who had sought the ruling under sub-section (1) of section 101B and all registered persons having the same Permanent Account Number issued under the Income-tax Act, 1961 (43 of 1961); (b) the concerned officers and the jurisdictional officers in respect of the applicants referred to in clause (a) and the registered persons having the same Permanent Account Number issued under the Income-tax Act, 1961 (43 of 1961).] (2) The advance ruling referred to in sub-section (1) [3][and sub-section (1A)] shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed. **104. Advance ruling to be void in certain circumstances.—(1) Where the Authority or the Appellate** Authority [4][or the National Appellate Authority] finds that advance ruling pronounced by it under sub-section (4) of section 98 or under sub-section (1) of section 101 [4][or under section 101C] has been obtained by the applicant or the appellant by fraud or suppression of material facts or misrepresentation of facts, it may, by order, declare such ruling to be void ab-initio and thereupon all the provisions of this Act or the rules made thereunder shall apply to the applicant or the appellant as if such advance ruling had never been made: 1. Ins. by Act 23 of 2019, s. 106 (w.e.f. 1-1-2020). 2. Subs. by s. 106, ibid., for “or the appellant” (w.e.f. 1-1-2020). 3. Ins. by s. 107, ibid. (w.e.f. 1-1-2020). 4. Ins. by s. 108, ibid. (w.e.f. 1-1-2020). 77 ----- Provided that no order shall be passed under this sub-section unless an opportunity of being heard has been given to the applicant or the appellant. _Explanation.––The period beginning with the date of such advance ruling and ending with the date_ of order under this sub-section shall be excluded while computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74. (2) A copy of the order made under sub-section (1) shall be sent to the applicant, the concerned officer and the jurisdictional officer. **105.** **[1][Powers of Authority, Appellate Authority and National Appellate Authority].—(1) The** Authority or the Appellate Authority [2][or the National Appellate Authority] shall, for the purpose of exercising its powers regarding— (a) discovery and inspection; (b) enforcing the attendance of any person and examining him on oath; (c) issuing commissions and compelling production of books of account and other records, have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908). (2) The Authority or the Appellate Authority [2][or the National Appellate Authority] shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974), and every proceeding before the Authority or the Appellate Authority shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code (45 of 1860). **106.** **[3][Procedure of Authority, Appellate Authority and National Appellate Authority].—The** Authority or the Appellate Authority [4][or the National Appellate Authority] shall, subject to the provisions of this Chapter, have power to regulate its own procedure. CHAPTER XVIII APPEALS AND REVISION **107. Appeals to Appellate Authority.—(1) Any person aggrieved by any decision or order passed** under this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act by an adjudicating authority may appeal to such Appellate Authority as may be prescribed within three months from the date on which the said decision or order is communicated to such person. (2) The Commissioner may, on his own motion, or upon request from the Commissioner of State tax or the Commissioner of Union territory tax, call for and examine the record of any proceedings in which an adjudicating authority has passed any decision or order under this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, for the purpose of satisfying himself as to the legality or propriety of the said decision or order and may, by order, direct any officer subordinate to him to apply to the Appellate Authority within six months from the date of communication of the said decision or order for the determination of such points arising out of the said decision or order as may be specified by the Commissioner in his order. (3) Where, in pursuance of an order under sub-section (2), the authorised officer makes an application to the Appellate Authority, such application shall be dealt with by the Appellate Authority as if it were an appeal made against the decision or order of the adjudicating authority and such authorised officer were an appellant and the provisions of this Act relating to appeals shall apply to such application. 1. Subs. by Act 23 of 2019, s. 109, for “Powers of Authority, Appellate Authority and National Appellate Authority” (w.e.f. 1-1-2020). 2. Ins. by s. 109, ibid. (w.e.f. 1-1-2020). 3. Subs. by s. 110, ibid., for “Procedure of Authority and Appellate Authority” (w.e.f. 1-1-2020). 4. Ins. by s. 110, ibid. (w.e.f. 1-1-2020). 78 ----- (4) The Appellate Authority may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of three months or six months, as the case may be, allow it to be presented within a further period of one month. (5) Every appeal under this section shall be in such form and shall be verified in such manner as may be prescribed. (6) No appeal shall be filed under sub-section (1), unless the appellant has paid— (a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and (b) a sum equal to ten per cent. of the remaining amount of tax in dispute arising from the said order, [1][subject to a maximum of twenty-five crore rupees,] in relation to which the appeal has been filed. 2[Provided that no appeal shall be filed against an order under sub-section (3) of section 129, unless a sum equal to twenty-five per cent. of the penalty has been paid by the appellant.] (7) Where the appellant has paid the amount under sub-section (6), the recovery proceedings for the balance amount shall be deemed to be stayed. (8) The Appellate Authority shall give an opportunity to the appellant of being heard. (9) The Appellate Authority may, if sufficient cause is shown at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing: Provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal. (10) The Appellate Authority may, at the time of hearing of an appeal, allow an appellant to add any ground of appeal not specified in the grounds of appeal, if it is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable. (11) The Appellate Authority shall, after making such further inquiry as may be necessary, pass such order, as it thinks just and proper, confirming, modifying or annulling the decision or order appealed against but shall not refer the case back to the adjudicating authority that passed the said decision or order: Provided that an order enhancing any fee or penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund or input tax credit shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order: Provided further that where the Appellate Authority is of the opinion that any tax has not been paid or short-paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised, no order requiring the appellant to pay such tax or input tax credit shall be passed unless the appellant is given notice to show cause against the proposed order and the order is passed within the time limit specified under section 73 or section 74. (12) The order of the Appellate Authority disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for such decision. (13) The Appellate Authority shall, where it is possible to do so, hear and decide every appeal within a period of one year from the date on which it is filed: Provided that where the issuance of order is stayed by an order of a court or Tribunal, the period of such stay shall be excluded in computing the period of one year. 1. Ins. by Act 31 of 2018, s. 25 (w.e.f. 1-2-2019). 2. Ins. by Act 13 of 2021, s. 116 (w.e.f. 1-1-2022). 79 ----- (14) On disposal of the appeal, the Appellate Authority shall communicate the order passed by it to the appellant, respondent and to the adjudicating authority. (15) A copy of the order passed by the Appellate Authority shall also be sent to the jurisdictional Commissioner or the authority designated by him in this behalf and the jurisdictional Commissioner of State tax or Commissioner of Union Territory Tax or an authority designated by him in this behalf. (16) Every order passed under this section shall, subject to the provisions of section 108 or section 113 or section 117 or section 118 be final and binding on the parties. **108. Powers of Revisional Authority.—(1) Subject to the provisions of section 121 and any rules** made thereunder, the Revisional Authority may, on his own motion, or upon information received by him or on request from the Commissioner of State tax, or the Commissioner of Union territory tax, call for and examine the record of any proceedings, and if he considers that any decision or order passed under this Act or under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act by any officer subordinate to him is erroneous in so far as it is prejudicial to the interest of revenue and is illegal or improper or has not taken into account certain material facts, whether available at the time of issuance of the said order or not or in consequence of an observation by the Comptroller and Auditor General of India, he may, if necessary, stay the operation of such decision or order for such period as he deems fit and after giving the person concerned an opportunity of being heard and after making such further inquiry as may be necessary, pass such order, as he thinks just and proper, including enhancing or modifying or annulling the said decision or order. (2) The Revisional Authority shall not exercise any power under sub-section (1), if— (a) the order has been subject to an appeal under section 107 or section 112 or section 117 or section 118; or (b) the period specified under sub-section (2) of section 107 has not yet expired or more than three years have expired after the passing of the decision or order sought to be revised; or (c) the order has already been taken for revision under this section at an earlier stage; or (d) the order has been passed in exercise of the powers under sub-section (1): Provided that the Revisional Authority may pass an order under sub-section (1) on any point which has not been raised and decided in an appeal referred to in clause (a) of sub-section (2), before the expiry of a period of one year from the date of the order in such appeal or before the expiry of a period of three years referred to in clause (b) of that sub-section, whichever is later. (3) Every order passed in revision under sub-section (1) shall, subject to the provisions of section 113 or section 117 or section 118, be final and binding on the parties. (4) If the said decision or order involves an issue on which the Appellate Tribunal or the High Court has given its decision in some other proceedings and an appeal to the High Court or the Supreme Court against such decision of the Appellate Tribunal or the High Court is pending, the period spent between the date of the decision of the Appellate Tribunal and the date of the decision of the High Court or the date of the decision of the High Court and the date of decision of the Supreme Court shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2) where proceedings for revision have been initiated by way of issue of a notice under this section. (5) Where the issuance of an order under sub-section (1) is stayed by the order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2). (6) For the purposes of this section, the term,–– (i) “record” shall include all records relating to any proceedings under this Act available at the time of examination by the Revisional Authority; (ii) “decision” shall include intimation given by any officer lower in rank than the Revisional Authority. 80 ----- **1[109. Constitution of Appellate Tribunal and Benches thereof.—** (1) The Government shall, on the recommendations of the Council, by notification, establish with effect from such date as may be specified therein, an Appellate Tribunal known as the Goods and Services Tax Appellate Tribunal for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority. (2) The jurisdiction, powers and authority conferred on the Appellate Tribunal shall be exercised by the Principal Bench and the State Benches constituted under sub-section (3) and sub-section (4). (3) The Government shall, by notification, constitute a Principal Bench of the Appellate Tribunal at New Delhi which shall consist of the President, a Judicial Member, a Technical Member (Centre) and a Technical Member (State). (4) On the request of the State, the Government may, by notification, constitute such number of State Benches at such places and with such jurisdiction as may be recommended by the Council, which shall consist of two Judical Members, a Technial Member (Centre) and a Technical Member (State). (5) The Principal Bench and the State Bench shall hear appeals against the orders passed by the Appellate Authority or the Revisional Authority: Provided that the cases in which any one of the issues involved relates to the place of supply, shall be heard only by the Principal Bench. (6) The President shall, from time to time, by a general or special order, distribute the business of the Appellate Tribunal among the Benches and may transfer cases from one Bench to another. (7) The senior-most Judicial Member within the State Benches, as may be notified, shall act as the Vice-President for such State Benches and shall exercise such powers of the President as may be prescribed, but for all other purposes be considered as a Member. (8) Appeals, where the tax or input tax credit involved or the amount of fine, fee or penalty determined in any order appealed against, does not exceed fifty lakh rupees and which does not involve any question of law may, with the approval of the President, and subject to such conditions as may be prescribed on the recommendations of the Council, be heard by a single Member, and in all other cases, shall be heard together by one Judicial Member and one Technical Member. (9) If, after hearing the case, the Members differ in their opinion on any point or points, such Member shall state the point or points on which they differ, and the President shall refer such case for hearing,— (a) where the appeal was originally heard by Members of a State Bench, to another Member of a State Bench within the State or, where no such other State Bench is available within the State, to a Member of a State Bench in another State; (b) where the appeal was originally heard by Members of the Principal Bench, to another Member from the Principal Bench or, where no such other Member is available, to a Member of any State Bench, and such point or points shall be decided according to the majority opinion including the opinion of the Members who first heard the case. (10) The Government may, in consultation with the President, for the administrative efficiency, transfer Members from one Bench to another Bench: Provided that a Technical Member (State) of a State Bench may be transferred to a State Bench only of the same State in which he was originally appointed, in consultation with the State Government. (11) No act or proceedings of the Appellate Tribunal shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Appellate Tribunal.] 1. Subs. by Act 8 of 2023, s. 149, for section 109 (w.e.f. 1-8-2023). 81 ----- 1[110. President and Members of Appellate Tribunal, their qualification, appointment, conditions of **service, etc.—** (1) A person shall not be qualified for appointment as— (a) the President, unless he has been a Judge of the Supreme Court or is or has been the Chief Justice of a High Court; (b) a Judicial Member, unless he— (i) has been a Judge of the High Court; or (ii) has, for a combined period of ten years, been a District Judge or an Additional District Judge; 2[(iii) has been an advocate for ten years with substantial experience in litigation in matters relating to indirect taxes in the Appellate Tribunal, Customs, Excise and Service Tax Appellate Tribunal, State Value Added Tax Tribunal, by whatever name called, High Court or Supreme Court;] 2[Provided that a person who has not completed the age of fifty years shall not be eligible for appointment as the President or Member.] (c) a Technical Member (Centre), unless he is or has been a member of the Indian Revenue (Customs and Indirect Taxes) Service, Group A, or of the All India Service with at least three years of experience in the administration of an existing law or goods and services tax in the Central Government, and has completed at least twenty-five years of service in Group A; (d) a Technical Member (State), unless he is or has been an officer of the State Government or an officer of All India Service, not below the rank of Additional Commissioner of Value Added Tax or the State goods and services tax or such rank, not lower than that of the First Appellate Authority, as may be notified by the concerned State Government, on the recommendations of the Council and has completed twenty-five years of service in Group A, or equivalent, with at least three years of experience in the administration of an existing law or the goods and services tax or in the field of finance and taxation in the State Government: Provided that the State Government may, on the recommendations of the Council, by notification, relax the requirement of completion of twenty-five years of service in Group A, or equivalent, in respect of officers of such State where no person has completed twenty-five years of service in Group A, or equivalent, but has completed twenty-five years of service in the Government, subject to such conditions, and till such period, as may be specified in the notification. (2) The President, Judicial Member, Technical Member (Centre) and Technical Member (State) shall be appointed or re-appointed by the Government on the recommendations of a Search-cum-Selection Committee constituted under sub-section (4): Provided that in the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or otherwise, the Judicial Member or, in his absence, the senior-most Technical Member of the Principal Bench shall act as the President until the date on which a new President, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office: Provided further that where the President is unable to discharge his functions owing to absence, illness or any other cause, the Judicial Member or, in his absence, the senior-most Technical Member of 1. Subs. by Act 8 of 2023, s. 150, for section 110 (w.e.f. 1-8-2023). 2. Ins. by Act 48 of 2023, s. 2 (w.e.f. 28-12-2023). 82 ----- the Principal Bench, shall discharge the functions of the President until the date on which the President resumes his duties. (3) While making selection for Technical Member (State) of a State Bench, first preference shall be given to officers who have worked in the State Government of the State to which the jurisdiction of the Bench extends. (4) (a) The Search-cum-Selection Committee for Technical Member (State) of a State Bench shall consist of the following members, namely:— (i) the Chief Justice of the High Court in whose jurisdiction the State Bench is located, to be the Chairperson of the Committee; (ii) the senior-most Judicial Member in the State, and where no Judicial Member is available, a retired Judge of the High Court in whose jurisdiction the State Bench is located, as may be nominated by the Chief Justice of such High Court; (iii) Chief Secretary of the State in which the State Bench is located; (iv) one Additional Chief Secretary or Principal Secretary or Secretary of the State in which the State Bench is located, as may be nominated by such State Government, not in-charge of the Department responsible for administration of State tax; and (v) Additional Chief Secretary or Principal Secretary or Secretary of the Department responsible for administration of State tax, of the State in which the State Bench is located — Member Secretary; and (b) the Search-cum-Selection Committee for all other cases shall consist of the following members, namely:— (i) the Chief Justice of India or a Judge of Supreme Court nominated by him, to be the Chairperson of the Committee; (ii) Secretary of the Central Government nominated by the Cabinet Secretary — Member; (iii) Chief Secretary of a State to be nominated by the Council—Member; (iv) one Member, who— (A) in case of appointment of a President of a Tribunal, shall be the outgoing President of the Tribunal; or (B) in case of appointment of a Member of a Tribunal, shall be the sitting President of the Tribunal; or (C) in case of the President of the Tribunal seeking re-appointment or where the outgoing President is unavailable or the removal of the President is being considered, shall be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court nominated by the Chief Justice of India; and (v) Secretary of the Department of Revenue in the Ministry of Finance of the Central Government—Member Secretary. (5) The Chairperson shall have the casting vote and the Member Secretary shall not have a vote. 83 ----- (6) Notwithstanding anything contained in any judgment, order, or decree of any court or any law for the time being in force, the Committee shall recommend a panel of two names for appointment or re-appointment to the post of the President or a Member, as the case may be. (7) No appointment or re-appointment of the Members of the Appellate Tribunal shall be invalid merely by reason of any vacancy or defect in the constitution of the Search-cum-Selection Committee. (8) Notwithstanding anything contained in any judgment, order, or decree of any court or any law for the time being in force, the salary of the President and the Members of the Appellate Tribunal shall be such as may be prescribed and their allowances and other terms and conditions of service shall be the same as applicable to Central Government officers carrying the same pay: Provided that neither the salary and allowances nor other terms and conditions of service of the President of Members of the Appellate Tribunal shall be varied to their disadvantage after their appointment: Provided further that, if the President or Member takes a house on rent, he may be reimbursed a house rent higher than the house rent allowance as are admissible to a Central Government officer holding the post carrying the same pay, subject to such limitations and conditions as may be prescribed. (9) Notwithstanding anything contained in any judgment, order, or decree of any court or any law for the time being in force, the President of the Appellate Tribunal shall hold office for a term of four years from the date on which he enters upon his office, or until he attains the age of [1][seventy years, whichever is earlier and shall be eligible for re-appointment for a period not exceeding two years subject to the agelimit specified above]. (10) Notwithstanding anything contained in any judgment, order, or decree of any court or any law for the time being in force, the Judicial Member, Technical Member (Centre) or Technical Member (State) of the Appellate Tribunal shall hold office for a term of four years from the date on which he enters upon his office, or until he attains the age of [1][sixty-seven years, whichever is earlier and shall be eligible for re-appointment for a period not exceeding two years subject to the age-limit specified above]. (11) The President or any Member may, by notice in writing under his hand addressed to the Government, resign from his office: Provided that the President or Member shall continue to hold office until the expiry of three months from the date of receipt of such notice by the Government or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (12) The Government may, on the recommendations of the Search-cum-Selection Committee, remove from the office President or a Member, who— (a) has been adjudged an insolvent; or (b) has been convicted of an offence which involves moral turpitude; or (c) has become physically or mentally incapable of acting as such President or Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such President or Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest: 1. Subs. by Act 48 of 2023, s. 2, for certain words (w.e.f. 28-12-2023). 84 ----- Provided that the President or the Member shall not be removed on any of the grounds specified in clauses (d) and (e), unless he has been informed of the charges against him and has been given an opportunity of being heard. (13) The Government, on the recommendations of the Search-cum-Selection Committee, may suspend from office, the President or a Judicial or Technical Member in respect of whom proceedings for removal have been initiated under sub-section (12). (14) Subject to the provisions of article 220 of the Constitution, the President or other Members, on ceasing to hold their office, shall not be eligible to appear, act or plead before the Principal Bench or the State Bench in which he was the President or, as the case may be, a Member.] **111. Procedure before Appellate Tribunal.—(1) The Appellate Tribunal shall not, while disposing of** any proceedings before it or an appeal before it, be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and subject to the other provisions of this Act and the rules made thereunder, the Appellate Tribunal shall have power to regulate its own procedure. (2) The Appellate Tribunal shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or a copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; (f) dismissing a representation for default or deciding it ex parte; (g) setting aside any order of dismissal of any representation for default or any order passed by it _ex parte; and_ (h) any other matter which may be prescribed. (3) Any order made by the Appellate Tribunal may be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Appellate Tribunal to send for execution of its orders to the court within the local limits of whose jurisdiction,— (a) in the case of an order against a company, the registered office of the company is situated; or (b) in the case of an order against any other person, the person concerned voluntarily resides or carries on business or personally works for gain. (4) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code (45 of 1860), and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). **112. Appeals to Appellate Tribunal.—(1) Any person aggrieved by an order passed against him** under section 107 or section 108 of this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act may appeal to the Appellate Tribunal against such order within three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal. 85 ----- (2) The Appellate Tribunal may, in its discretion, refuse to admit any such appeal where the tax or input tax credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined by such order, does not exceed fifty thousand rupees. (3) The Commissioner may, on his own motion, or upon request from the Commissioner of State tax or Commissioner of Union territory tax, call for and examine the record of any order passed by the Appellate Authority or the Revisional Authority under this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act for the purpose of satisfying himself as to the legality or propriety of the said order and may, by order, direct any officer subordinate to him to apply to the Appellate Tribunal within six months from the date on which the said order has been passed for determination of such points arising out of the said order as may be specified by the Commissioner in his order. (4) Where in pursuance of an order under sub-section (3) the authorised officer makes an application to the Appellate Tribunal, such application shall be dealt with by the Appellate Tribunal as if it were an appeal made against the order under sub-section (11) of section 107 or under sub-section (1) of section 108 and the provisions of this Act shall apply to such application, as they apply in relation to appeals filed under sub-section (1). (5) On receipt of notice that an appeal has been preferred under this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such order or any part thereof, file, within forty-five days of the receipt of notice, a memorandum of cross-objections, verified in the prescribed manner, against any part of the order appealed against and such memorandum shall be disposed of by the Appellate Tribunal, as if it were an appeal presented within the time specified in sub-section (1). (6) The Appellate Tribunal may admit an appeal within three months after the expiry of the period referred to in sub-section (1), or permit the filing of a memorandum of cross-objections within forty-five days after the expiry of the period referred to in sub-section (5) if it is satisfied that there was sufficient cause for not presenting it within that period. (7) An appeal to the Appellate Tribunal shall be in such form, verified in such manner and shall be accompanied by such fee, as may be prescribed. (8) No appeal shall be filed under sub-section (1), unless the appellant has paid–– (a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and (b) a sum equal to twenty per cent. of the remaining amount of tax in dispute, in addition to the amount paid under sub-section (6) of section 107, arising from the said order, [1][subject to a maximum of fifty crore rupees,] in relation to which the appeal has been filed. (9) Where the appellant has paid the amount as per sub-section (8), the recovery proceedings for the balance amount shall be deemed to be stayed till the disposal of the appeal. (10) Every application made before the Appellate Tribunal,— (a) in an appeal for rectification of error or for any other purpose; or (b) for restoration of an appeal or an application, shall be accompanied by such fees as may be prescribed. 1. Ins. by Act 31 of 2018, s. 26 (w.e.f. 1-2-2019). 86 ----- **113. Orders of Appellate Tribunal.—(1) The Appellate Tribunal may, after giving the parties to the** appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order appealed against or may refer the case back to the Appellate Authority, or the Revisional Authority or to the original adjudicating authority, with such directions as it may think fit, for a fresh adjudication or decision after taking additional evidence, if necessary. (2) The Appellate Tribunal may, if sufficient cause is shown, at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing: Provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal. (3) The Appellate Tribunal may amend any order passed by it under sub-section (1) so as to rectify any error apparent on the face of the record, if such error is noticed by it on its own accord, or is brought to its notice by the Commissioner or the Commissioner of State tax or the Commissioner of the Union territory tax or the other party to the appeal within a period of three months from the date of the order: Provided that no amendment which has the effect of enhancing an assessment or reducing a refund or input tax credit or otherwise increasing the liability of the other party, shall be made under this sub-section, unless the party has been given an opportunity of being heard. (4) The Appellate Tribunal shall, as far as possible, hear and decide every appeal within a period of one year from the date on which it is filed. (5) The Appellate Tribunal shall send a copy of every order passed under this section to the Appellate Authority or the Revisional Authority, or the original adjudicating authority, as the case may be, the appellant and the jurisdictional Commissioner or the Commissioner of State tax or the Union territory tax. (6) Save as provided in section 117 or section 118, orders passed by the Appellate Tribunal on an appeal shall be final and binding on the parties. **1[114. Financial and administrative powers of President.—** The President shall exercise such financial and administrative powers over the Appellate Tribunal as may be prescribed.] **115. Interest on refund of amount paid for admission of appeal.—Where an amount paid by the** appellant under sub-section (6) of section 107 or sub-section (8) of section 112 is required to be refunded consequent to any order of the Appellate Authority or of the Appellate Tribunal, interest at the rate specified under section 56 shall be payable in respect of such refund from the date of payment of the amount till the date of refund of such amount. **116. Appearance by authorised representative.—(1) Any person who is entitled or required to** appear before an officer appointed under this Act, or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act, may, otherwise than when required under this Act to appear personally for examination on oath or affirmation, subject to the other provisions of this section, appear by an authorised representative. (2) For the purposes of this Act, the expression “authorised representative” shall mean a person authorised by the person referred to in sub-section (1) to appear on his behalf, being— (a) his relative or regular employee; or (b) an advocate who is entitled to practice in any court in India, and who has not been debarred from practicing before any court in India; or (c) any chartered accountant, a cost accountant or a company secretary, who holds a certificate of practice and who has not been debarred from practice; or 1. Subs. by Act 8 of 2023, s. 151, for section 114 (w.e.f. 1-8-2023). 87 ----- (d) a retired officer of the Commercial Tax Department of any State Government or Union territory or of the Board who, during his service under the Government, had worked in a post not below the rank than that of a Group-B Gazetted officer for a period of not less than two years: Provided that such officer shall not be entitled to appear before any proceedings under this Act for a period of one year from the date of his retirement or resignation; or (e) any person who has been authorised to act as a goods and services tax practitioner on behalf of the concerned registered person. (3) No person,— (a) who has been dismissed or removed from Government service; or (b) who is convicted of an offence connected with any proceedings under this Act, the State Goods and Services Tax Act, the Integrated Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, or under the existing law or under any of the Acts passed by a State Legislature dealing with the imposition of taxes on sale of goods or supply of goods or services or both; or (c) who is found guilty of misconduct by the prescribed authority; or (d) who has been adjudged as an insolvent, shall be qualified to represent any person under sub-section (1)— (i) for all times in case of persons referred to in clauses (a), (b) and (c); and (ii) for the period during which the insolvency continues in the case of a person referred to in clause (d). (4) Any person who has been disqualified under the provisions of the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act shall be deemed to be disqualified under this Act. **117. Appeal to High Court.—(1) Any person aggrieved by any order passed by the [1][State Benches] of** the Appellate Tribunal may file an appeal to the High Court and the High Court may admit such appeal, if it is satisfied that the case involves a substantial question of law. (2) An appeal under sub-section (1) shall be filed within a period of one hundred and eighty days from the date on which the order appealed against is received by the aggrieved person and it shall be in such form, verified in such manner as may be prescribed: Provided that the High Court may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within such period. (3) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question and the appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question. (4) The High Court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit. (5) The High Court may determine any issue which–– (a) has not been determined by the [1][State Benches]; or 1. Subs. by Act 8 of 2023, s. 152, for “State Bench or Area Benches” (w.e.f. 1-8-2023). 88 ----- (b) has been wrongly determined by the [1][State Benches], by reason of a decision on such question of law as herein referred to in sub-section (3). (6) Where an appeal has been filed before the High Court, it shall be heard by a Bench of not less than two Judges of the High Court, and shall be decided in accordance with the opinion of such Judges or of the majority, if any, of such Judges. (7) Where there is no such majority, the Judges shall state the point of law upon which they differ and the case shall, then, be heard upon that point only, by one or more of the other Judges of the High Court and such point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it. (8) Where the High Court delivers a judgment in an appeal filed before it under this section, effect shall be given to such judgment by either side on the basis of a certified copy of the judgment. (9) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section. **118. Appeal to Supreme Court.––(1) An appeal shall lie to the Supreme Court—** (a) from any order passed by the [2][Principal Bench] of the Appellate Tribunal; or (b) from any judgment or order passed by the High Court in an appeal made under section 117 in any case which, on its own motion or on an application made by or on behalf of the party aggrieved, immediately after passing of the judgment or order, the High Court certifies to be a fit one for appeal to the Supreme Court. (2) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to appeals to the Supreme Court shall, so far as may be, apply in the case of appeals under this section as they apply in the case of appeals from decrees of a High Court. (3) Where the judgment of the High Court is varied or reversed in the appeal, effect shall be given to the order of the Supreme Court in the manner provided in section 117 in the case of a judgment of the High Court. **119. Sums due to be paid notwithstanding appeal, etc.––Notwithstanding that an appeal has been** preferred to the High Court or the Supreme Court, sums due to the Government as a result of an order passed by the [3][Principal Bench] of the Appellate Tribunal under sub-section (1) of section 113 or an order passed by the [4][State Benches] of the Appellate Tribunal under sub-section (1) of section 113 or an order passed by the High Court under section 117, as the case may be, shall be payable in accordance with the order so passed. **120. Appeal not to be filed in certain cases.––(1) The Board may, on the recommendations of the** Council, from time to time, issue orders or instructions or directions fixing such monetary limits, as it may deem fit, for the purposes of regulating the filing of appeal or application by the officer of the central tax under the provisions of this Chapter. (2) Where, in pursuance of the orders or instructions or directions issued under sub-section (1), the officer of the central tax has not filed an appeal or application against any decision or order passed under the provisions of this Act, it shall not preclude such officer of the central tax from filing appeal or application in any other case involving the same or similar issues or questions of law. 1. Subs. by Act 8 of 2023, s. 152, for “State Bench or Area Benches” (w.e.f. 1-8-2023). 2. Subs. by s. 153, ibid., for “National Bench or Regional Benches” (w.e.f. 1-8-2023). 3. Subs. by s. 154, ibid., for “National Bench or Regional Benches” (w.e.f. 1-8-2023). 4. Subs. by s. 154, ibid., for “State Bench or Area Benches” (w.e.f. 1-8-2023). 89 ----- (3) Notwithstanding the fact that no appeal or application has been filed by the officer of the central tax pursuant to the orders or instructions or directions issued under sub-section (1), no person, being a party in appeal or application shall contend that the officer of the central tax has acquiesced in the decision on the disputed issue by not filing an appeal or application. (4) The Appellate Tribunal or court hearing such appeal or application shall have regard to the circumstances under which appeal or application was not filed by the officer of the central tax in pursuance of the orders or instructions or directions issued under sub-section (1). **121. Non-appealable decisions and orders.––Notwithstanding anything to the contrary in any** provisions of this Act, no appeal shall lie against any decision taken or order passed by an officer of central tax if such decision taken or order passed relates to any one or more of the following matters, namely:— (a) an order of the Commissioner or other authority empowered to direct transfer of proceedings from one officer to another officer; or (b) an order pertaining to the seizure or retention of books of account, register and other documents; or (c) an order sanctioning prosecution under this Act; or (d) an order passed under section 80. CHAPTER XIX OFFENCES AND PENALTIES **122. Penalty for certain offences.––(1) Where a taxable person who––** (i) supplies any goods or services or both without issue of any invoice or issues an incorrect or false invoice with regard to any such supply; (ii) issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act or the rules made thereunder; (iii) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due; (iv) collects any tax in contravention of the provisions of this Act but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due; (v) fails to deduct the tax in accordance with the provisions of sub-section (1) of section 51, or deducts an amount which is less than the amount required to be deducted under the said sub-section, or where he fails to pay to the Government under sub-section (2) thereof, the amount deducted as tax; (vi) fails to collect tax in accordance with the provisions of sub-section (1) of section 52, or collects an amount which is less than the amount required to be collected under the said sub-section or where he fails to pay to the Government the amount collected as tax under sub-section (3) of section 52; (vii) takes or utilises input tax credit without actual receipt of goods or services or both either fully or partially, in contravention of the provisions of this Act or the rules made thereunder; (viii) fraudulently obtains refund of tax under this Act; (ix) takes or distributes input tax credit in contravention of section 20, or the rules made thereunder; (x) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information or return with an intention to evade payment of tax due under this Act; (xi) is liable to be registered under this Act but fails to obtain registration; (xii) furnishes any false information with regard to registration particulars, either at the time of applying for registration, or subsequently; 90 ----- (xiii) obstructs or prevents any officer in discharge of his duties under this Act; (xiv) transports any taxable goods without the cover of documents as may be specified in this behalf; (xv) suppresses his turnover leading to evasion of tax under this Act; (xvi) fails to keep, maintain or retain books of account and other documents in accordance with the provisions of this Act or the rules made thereunder; (xvii) fails to furnish information or documents called for by an officer in accordance with the provisions of this Act or the rules made thereunder or furnishes false information or documents during any proceedings under this Act; (xviii) supplies, transports or stores any goods which he has reasons to believe are liable to confiscation under this Act; (xix) issues any invoice or document by using the registration number of another registered person; (xx) tampers with, or destroys any material evidence or document; (xxi) disposes of or tampers with any goods that have been detained, seized, or attached under this Act, shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to the tax evaded or the tax not deducted under section 51 or short deducted or deducted but not paid to the Government or tax not collected under section 52 or short collected or collected but not paid to the Government or input tax credit availed of or passed on or distributed irregularly, or the refund claimed fraudulently, whichever is higher. 1[(1A) Any person who retains the benefit of a transaction covered under clauses (i), (ii), (vii) or clause (ix) of sub-section (1) and at whose instance such transaction is conducted, shall be liable to a penalty of an amount equivalent to the tax evaded or input tax credit availed of or passed on.] (2) Any registered person who supplies any goods or services or both on which any tax has not been paid or short-paid or erroneously refunded, or where the input tax credit has been wrongly availed or utilised,— (a) for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty of ten thousand rupees or ten per cent. of the tax due from such person, whichever is higher; (b) for reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty equal to ten thousand rupees or the tax due from such person, whichever is higher. (3) Any person who–– (a) aids or abets any of the offences specified in clauses (i) to (xxi) of sub-section (1); (b) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, or purchasing or in any other manner deals with any goods which he knows or has reasons to believe are liable to confiscation under this Act or the rules made thereunder; (c) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder; (d) fails to appear before the officer of central tax, when issued with a summons for appearance to give evidence or produce a document in an inquiry; 1. Ins. by Act 12 of 2020, s. 126 (w.e.f. 1-1-2021). 91 ----- (e) fails to issue invoice in accordance with the provisions of this Act or the rules made thereunder or fails to account for an invoice in his books of account, shall be liable to a penalty which may extend to twenty-five thousand rupees. 1[(1B) Any electronic commerce operator who— (i) allows a supply of goods or services or both through it by an unregistered person other than a person exempted from registration by a notification issued under this Act to make such supply; (ii) allows an inter-State supply of goods or services or both through it by a person who is not eligible to make such inter-State supply; or (iii) fails to furnish the correct details in the statement to be furnished under sub-section (4) of section 52 of any outward supply of goods effected through it by a person exempted from obtaining registration under this Act, shall be liable to pay a penalty of ten thousand rupees, or an amount equivalent to the amount of tax involved had such supply been made by a registered person other than a person paying tax under section 10, whichever is higher.] **123. Penalty for failure to furnish information return.––If a person who is required to furnish an** information return under section 150 fails to do so within the period specified in the notice issued under sub-section (3) thereof, the proper officer may direct that such person shall be liable to pay a penalty of one hundred rupees for each day of the period during which the failure to furnish such return continues: Provided that the penalty imposed under this section shall not exceed five thousand rupees. **124. Fine for failure to furnish statistics.—If any person required to furnish any information or return** under section 151,— (a) without reasonable cause fails to furnish such information or return as may be required under that section, or (b) wilfully furnishes or causes to furnish any information or return which he knows to be false, he shall be punishable with a fine which may extend to ten thousand rupees and in case of a continuing offence to a further fine which may extend to one hundred rupees for each day after the first day during which the offence continues subject to a maximum limit of twenty-five thousand rupees. **125. General penalty.—Any person, who contravenes any of the provisions of this Act or any** rules made thereunder for which no penalty is separately provided for in this Act, shall be liable to a penalty which may extend to twenty-five thousand rupees. **126. General disciplines related to penalty.—(1) No officer under this Act shall impose any penalty** for minor breaches of tax regulations or procedural requirements and in particular, any omission or mistake in documentation which is easily rectifiable and made without fraudulent intent or gross negligence. _Explanation.––For the purpose of this sub-section,––_ (a) a breach shall be considered a ‘minor breach’ if the amount of tax involved is less than five thousand rupees; (b) an omission or mistake in documentation shall be considered to be easily rectifiable if the same is an error apparent on the face of record. (2) The penalty imposed under this Act shall depend on the facts and circumstances of each case and shall be commensurate with the degree and severity of the breach. (3) No penalty shall be imposed on any person without giving him an opportunity of being heard. 1. Ins. by Act 8 of 2023, s. 155 (w.e.f. 1-10-2023). 92 ----- (4) The officer under this Act shall while imposing penalty in an order for a breach of any law, regulation or procedural requirement, specify the nature of the breach and the applicable law, regulation or procedure under which the amount of penalty for the breach has been specified. (5) When a person voluntarily discloses to an officer under this Act the circumstances of a breach of the tax law, regulation or procedural requirement prior to the discovery of the breach by the officer under this Act, the proper officer may consider this fact as a mitigating factor when quantifying a penalty for that person. (6) The provisions of this section shall not apply in such cases where the penalty specified under this Act is either a fixed sum or expressed as a fixed percentage. **127. Power to impose penalty in certain cases.—Where the proper officer is of the view that a person is** liable to a penalty and the same is not covered under any proceedings under section 62 or section 63 or section 64 or section 73 or section 74 or section 129 or section 130, he may issue an order levying such penalty after giving a reasonable opportunity of being heard to such person. **128. Power to waive penalty or fee or both.—The Government may, by notification, waive in part or** full, any penalty referred to in section 122 or section 123 or section 125 or any late fee referred to in section 47 for such class of taxpayers and under such mitigating circumstances as may be specified therein on the recommendations of the Council. **129. Detention, seizure and release of goods and conveyances in transit.––(1) Notwithstanding** anything contained in this Act, where any person transports any goods or stores any goods while they are in transit in contravention of the provisions of this Act or the rules made thereunder, all such goods and conveyance used as a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to detention or seizure and after detention or seizure, shall be released,–– 1[(a) on payment of penalty equal to two hundred per cent. of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent. of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such penalty; (b) on payment of penalty equal to fifty per cent. of the value of the goods or two hundred per cent. of the tax payable on such goods, whichever is higher, and in case of exempted goods, on payment of an amount equal to five per cent. of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods does not come forward for payment of such penalty;] (c) upon furnishing a security equivalent to the amount payable under clause (a) or clause (b) in such form and manner as may be prescribed: Provided that no such goods or conveyance shall be detained or seized without serving an order of detention or seizure on the person transporting the goods. 2* - - - 3[(3) The proper officer detaining or seizing goods or conveyance shall issue a notice within seven days of such detention or seizure, specifying the penalty payable, and thereafter, pass an order within a period of seven days from the date of service of such notice, for payment of penalty under clause (a) or clause (b) of sub-section (1).] (4) [4][No penalty] shall be determined under sub-section (3) without giving the person concerned an opportunity of being heard. (5) On payment of amount referred in sub-section (1), all proceedings in respect of the notice specified in sub-section (3) shall be deemed to be concluded. 1. Subs. by Act 13 of 2021, s. 117, for clauses (a) and (b) (w.e.f. 1-1-2022). 2. Sub-section (2) omitted by s. 117, ibid. (w.e.f. 1-1-2022). 3. Subs. by s. 117, ibid., for sub-section (3) (w.e.f. 1-1-2022). 4. Subs. by s. 117, ibid., for “No tax, interest or penalty” (w.e.f. 1-1-2022). 93 ----- 1[(6) Where the person transporting any goods or the owner of such goods fails to pay the amount of penalty under sub-section (1) within fifteen days from the date of receipt of the copy of the order passed under sub-section (3), the goods or conveyance so detained or seized shall be liable to be sold or disposed of otherwise, in such manner and within such time as may be prescribed, to recover the penalty payable under sub-section (3): Provided that the conveyance shall be released on payment by the transporter of penalty under sub-section (3) or one lakh rupees, whichever is less: Provided further that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of fifteen days may be reduced by the proper officer.] **130. Confiscation of goods or conveyances and levy of penalty.––(1) [2][Where] any person—** (i) supplies or receives any goods in contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of tax; or (ii) does not account for any goods on which he is liable to pay tax under this Act; or (iii) supplies any goods liable to tax under this Act without having applied for registration; or (iv) contravenes any of the provisions of this Act or the rules made thereunder with intent to evade payment of tax; or (v) uses any conveyance as a means of transport for carriage of goods in contravention of the provisions of this Act or the rules made thereunder unless the owner of the conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance, then, all such goods or conveyances shall be liable to confiscation and the person shall be liable to penalty under section 122. (2) Whenever confiscation of any goods or conveyance is authorised by this Act, the officer adjudging it shall give to the owner of the goods an option to pay in lieu of confiscation, such fine as the said officer thinks fit: Provided that such fine leviable shall not exceed the market value of the goods confiscated, less the tax chargeable thereon: Provided further that the aggregate of such fine and penalty leviable shall not be less than the 3[penalty equal to hundred per cent. of the tax payable on such goods]: Provided also that where any such conveyance is used for the carriage of the goods or passengers for hire, the owner of the conveyance shall be given an option to pay in lieu of the confiscation of the conveyance a fine equal to the tax payable on the goods being transported thereon. 4* - - - (4) No order for confiscation of goods or conveyance or for imposition of penalty shall be issued without giving the person an opportunity of being heard. (5) Where any goods or conveyance are confiscated under this Act, the title of such goods or conveyance shall thereupon vest in the Government. (6) The proper officer adjudging confiscation shall take and hold possession of the things confiscated and every officer of Police, on the requisition of such proper officer, shall assist him in taking and holding such possession. 1. Subs. by Act 13 of 2021, s. 117, for sub-section (6) (w.e.f. 1-1-2022). 2. Subs. by s. 118, ibid., for “Notwithstanding anything contained in this Act, if” (w.e.f. 1-1-2022). 3. Subs. by s. 118, ibid., for “amount of penalty leviable under sub-section (1) of section 129” (w.e.f. 1-1-2022). 4. Sub-section (3) omitted, by s. 118, ibid. (w.e.f. 1-1-2022). 94 ----- (7) The proper officer may, after satisfying himself that the confiscated goods or conveyance are not required in any other proceedings under this Act and after giving reasonable time not exceeding three months to pay fine in lieu of confiscation, dispose of such goods or conveyance and deposit the sale proceeds thereof with the Government. **131. Confiscation or penalty not to interfere with other punishments.––Without prejudice to the** provisions contained in the Code of Criminal Procedure, 1973 (2 of 1974), no confiscation made or penalty imposed under the provisions of this Act or the rules made thereunder shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this Act or under any other law for the time being in force. **132. Punishment for certain offences.––(1) [1][Whoever commits, or causes to commit and retain the** benefits arising out of, any of the following offences], namely:— (a) supplies any goods or services or both without issue of any invoice, in violation of the provisions of this Act or the rules made thereunder, with the intention to evade tax; (b) issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act, or the rules made thereunder leading to wrongful availment or utilisation of input tax credit or refund of tax; 2[(c) avails input tax credit using the invoice or bill referred to in clause (b) or fraudulently avails input tax credit without any invoice or bill;] (d) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due; (e) evades tax [3]*** or fraudulently obtains refund and where such offence is not covered under clauses (a) to (d); (f) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information with an intention to evade payment of tax due under this Act; 4* - - - (h) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, or purchasing or in any other manner deals with, any goods which he knows or has reasons to believe are liable to confiscation under this Act or the rules made thereunder; (i) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder; 4* - - - 4* - - - (l) attempts to commit, or abets the commission of any of the offences mentioned in [5][clauses (a) to (f) and clauses (h) and (i)] of this section, shall be punishable–– (i) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds five hundred lakh rupees, with imprisonment for a term which may extend to five years and with fine; (ii) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds two hundred lakh rupees but does not exceed 1. Subs. by Act 12 of 2020, s. 127, for “Whoever commits any of the following offences” (w.e.f. 1-1-2021). 2. Subs. by s. 127, ibid., for clause (c) (w.e.f. 1-1-2021). 3. The words “, fraudulently avails input tax credit” omitted by s. 127, ibid., (w.e.f. 1-1-2021). 4. Clauses (g), (j) and (k) omitted by Act 8 of 2023, s. 156, (w.e.f. 1-10-2023). 5. Subs. by s. 156, ibid., for the words brackets and letters “clauses (a) to (k)” (w.e.f. 1-10-2023). 95 ----- five hundred lakh rupees, with imprisonment for a term which may extend to three years and with fine; (iii) in the case of [1][an offence specified in clause (b)] where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds one hundred lakh rupees but does not exceed two hundred lakh rupees, with imprisonment for a term which may extend to one year and with fine; (iv) in cases where he commits or abets the commission of an offence specified in clause (f) [2]***, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. (2) Where any person convicted of an offence under this section is again convicted of an offence under this section, then, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to five years and with fine. (3) The imprisonment referred to in clauses (i), (ii) and (iii) of sub-section (1) and sub-section (2) shall, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Court, be for a term not less than six months. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act, except the offences referred to in sub-section (5) shall be non-cognizable and bailable. (5) The offences specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) and punishable under clause (i) of that sub-section shall be cognizable and non-bailable. (6) A person shall not be prosecuted for any offence under this section except with the previous sanction of the Commissioner. _Explanation.—For the purposes of this section, the term “tax” shall include the amount of tax evaded or_ the amount of input tax credit wrongly availed or utilised or refund wrongly taken under the provisions of this Act, the State Goods and Services Tax Act, the Integrated Goods and Services Tax Act or the Union Territory Goods and Services Tax Act and cess levied under the Goods and Services Tax (Compensation to States) Act. **133. Liability of officers and certain other persons.—(1) Where any person engaged in connection** with the collection of statistics under section 151 or compilation or computerisation thereof or if any officer of central tax having access to information specified under sub-section (1) of section 150, or if any person engaged in connection with the provision of service on the common portal or the agent of common portal, wilfully discloses any information or the contents of any return furnished under this Act or rules made thereunder otherwise than in execution of his duties under the said sections or for the purposes of prosecution for an offence under this Act or under any other Act for the time being in force, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to twenty-five thousand rupees, or with both. (2) Any person— (a) who is a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Government; (b) who is not a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Commissioner. **134. Cognizance of offences.—No court shall take cognizance of any offence punishable under this** Act or the rules made thereunder except with the previous sanction of the Commissioner, and no court inferior to that of a Magistrate of the First Class, shall try any such offence. 1. Subs. by Act 8 of 2023, s. 156, for “any other offence” (w.e.f. 1-10-2023). 2. The words, brackets and letters “or clause (g) or clause (j)” omitted by s. 156, ibid., (w.e.f. 1-10-2023). 96 ----- **135. Presumption of culpable mental state.—In any prosecution for an offence under this Act** which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. _Explanation.—For the purposes of this section,––_ (i) the expression “culpable mental state” includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact; (ii) a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability. **136. Relevancy of statements under certain circumstances.—A statement made and signed by a** person on appearance in response to any summons issued under section 70 during the course of any inquiry or proceedings under this Act shall be relevant, for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,–– (a) when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or (b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice. **137. Offences by companies.—(1) Where an offence committed by a person under this Act is a** company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (3) Where an offence under this Act has been committed by a taxable person being a partnership firm or a Limited Liability Partnership or a Hindu Undivided Family or a trust, the partner or _karta_ or managing trustee shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly and the provisions of sub-section (2) shall, _mutatis mutandis, apply to such_ persons. (4) Nothing contained in this section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. _Explanation.––For the purposes of this section,––_ (i) “company” means a body corporate and includes a firm or other association of individuals; and (ii) “director”, in relation to a firm, means a partner in the firm. **138. Compounding of offences.—(1) Any offence under this Act may, either before or after the** institution of prosecution, be compounded by the Commissioner on payment, by the person accused of the offence, to the Central Government or the State Government, as the case may be, of such compounding amount in such manner as may be prescribed: 97 ----- Provided that nothing contained in this section shall apply to— 1[(a) a person who has been allowed to compound once in respect of any of the offences specified in clauses (a) to (f), (h), (i) and (l) of sub-section (1) of section 132;] 2* * * * * 3[(c) a person who has been accused of committing an offence under clause (b) of sub-section (1) of section 132;] (d) a person who has been convicted for an offence under this Act by a court; 4* * * - * (f) any other class of persons or offences as may be prescribed: Provided further that any compounding allowed under the provisions of this section shall not affect the proceedings, if any, instituted under any other law: Provided also that compounding shall be allowed only after making payment of tax, interest and penalty involved in such offences. (2) The amount for compounding of offences under this section shall be such as may be prescribed, subject to the minimum amount not being less than [5][twenty-five per cent. of the tax involved and the maximum amount not being more than one hundred per cent. of the tax involved]. (3) On payment of such compounding amount as may be determined by the Commissioner, no further proceedings shall be initiated under this Act against the accused person in respect of the same offence and any criminal proceedings, if already initiated in respect of the said offence, shall stand abated. CHAPTER XX TRANSITIONAL PROVISIONS **139. Migration of existing taxpayers.—(1) On and from the appointed day, every person registered** under any of the existing laws and having a valid Permanent Account Number shall be issued a certificate of registration on provisional basis, subject to such conditions and in such form and manner as may be prescribed, which unless replaced by a final certificate of registration under sub-section (2), shall be liable to be cancelled if the conditions so prescribed are not complied with. (2) The final certificate of registration shall be granted in such form and manner and subject to such conditions as may be prescribed. (3) The certificate of registration issued to a person under sub-section (1) shall be deemed to have not been issued if the said registration is cancelled in pursuance of an application filed by such person that he was not liable to registration under section 22 or section 24. **140. Transitional arrangements for input tax credit.—(1) A registered person, other than a person** opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, the amount of CENVAT credit [6][of eligible duties] carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law [7][within such time and] in such manner as may be prescribed: Provided that the registered person shall not be allowed to take credit in the following circumstances, namely:— (i) where the said amount of credit is not admissible as input tax credit under this Act; or 1. Subs. by Act 8 of 2023, s. 157, for clause (a) (w.e.f. 1-10-2023). 2. Clause (b) omitted by s. 157, ibid. (w.e.f. 1-10-2023). 3. Subs. by s. 157, ibid., for clause (c) (w.e.f. 1-10-2023). 4. Clause (e) omitted by s. 157, ibid. (w.e.f. 1-10-2023). 5. Subs. by s. 157, ibid., for certain words (w.e.f. 1-10-2023). 6. Ins. by Act 31 of 2018, s. 28 (w.e.f. 1-7-2017). 7. Ins. by Act 12 of 2020, s. 128 (w.e.f. 18-05-2020). 98 ----- (ii) where he has not furnished all the returns required under the existing law for the period of six months immediately preceding the appointed date; or (iii) here the said amount of credit relates to goods manufactured and cleared under such exemption notifications as are notified by the Government. (2) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, credit of the unavailed CENVAT credit in respect of capital goods, not carried forward in a return, furnished under the existing law by him, for the period ending with the day immediately preceding the appointed day [1][within such time and] in such manner as may be prescribed: Provided that the registered person shall not be allowed to take credit unless the said credit was admissible as CENVAT credit under the existing law and is also admissible as input tax credit under this Act. _Explanation.––For the purposes of this sub-section, the expression “unavailed CENVAT credit”_ means the amount that remains after subtracting the amount of CENVAT credit already availed in respect of capital goods by the taxable person under the existing law from the aggregate amount of CENVAT credit to which the said person was entitled in respect of the said capital goods under the existing law. (3) A registered person, who was not liable to be registered under the existing law, or who was engaged in the manufacture of exempted goods or provision of exempted services, or who was providing works contract service and was availing of the benefit of notification No. 26/2012—Service Tax, dated the 20th June, 2012 or a first stage dealer or a second stage dealer or a registered importer or a depot of a manufacturer, shall be entitled to take, in his electronic credit ledger, credit of eligible duties in respect of inputs held in stock and inputs contained in semi-finished or finished [2][goods held in stock on the appointed day, within such time and in such manner as may be prescribed, subject to] the following conditions, namely:–– (i) such inputs or goods are used or intended to be used for making taxable supplies under this Act; (ii) the said registered person is eligible for input tax credit on such inputs under this Act; (iii) the said registered person is in possession of invoice or other prescribed documents evidencing payment of duty under the existing law in respect of such inputs; (iv) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day; and (v) the supplier of services is not eligible for any abatement under this Act: Provided that where a registered person, other than a manufacturer or a supplier of services, is not in possession of an invoice or any other documents evidencing payment of duty in respect of inputs, then, such registered person shall, subject to such conditions, limitations and safeguards as may be prescribed, including that the said taxable person shall pass on the benefit of such credit by way of reduced prices to the recipient, be allowed to take credit at such rate and in such manner as may be prescribed. (4) A registered person, who was engaged in the manufacture of taxable as well as exempted goods under the Central Excise Act, 1944 (1 of 1944) or provision of taxable as well as exempted services under Chapter V of the Finance Act, 1994 (32 of 1994), but which are liable to tax under this Act, shall be entitled to take, in his electronic credit ledger,— (a) the amount of CENVAT credit carried forward in a return furnished under the existing law by him in accordance with the provisions of sub-section (1); and (b) the amount of CENVAT credit of eligible duties in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day, relating to such exempted goods or services, in accordance with the provisions of sub-section (3). 1. Ins. by Act 12 of 2020, s. 128 (w.e.f. 18-05-2020). 2. Subs. by s. 128, ibid., for “goods held in stock on the appointed day subject to” (w.e.f. 18-5-2020). 99 ----- (5) A registered person shall be entitled to take, in his electronic credit ledger, credit of eligible duties and taxes in respect of inputs or input services received on or after the appointed day but the duty or tax in respect of which has been paid by the supplier under the [1][existing law, within such time and in such manner as may be prescribed], subject to the condition that the invoice or any other duty or tax paying document of the same was recorded in the books of account of such person within a period of thirty days from the appointed day: Provided that the period of thirty days may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding thirty days: Provided further that said registered person shall furnish a statement, in such manner as may be prescribed, in respect of credit that has been taken under this sub-section. (6) A registered person, who was either paying tax at a fixed rate or paying a fixed amount in lieu of the tax payable under the existing law shall be entitled to take, in his electronic credit ledger, credit of eligible duties in respect of inputs held in stock and inputs contained in semi-finished or finished [2][goods held in stock on the appointed day, within such time and in such manner as may be prescribed, subject to] the following conditions, namely:–– (i) such inputs or goods are used or intended to be used for making taxable supplies under this Act; (ii) the said registered person is not paying tax under section 10; (iii) the said registered person is eligible for input tax credit on such inputs under this Act; (iv) the said registered person is in possession of invoice or other prescribed documents evidencing payment of duty under the existing law in respect of inputs; and (v) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day. (7) Notwithstanding anything to the contrary contained in this Act, the input tax credit on account of any services received prior to the appointed day by an Input Service Distributor shall be eligible for distribution as [3][credit under this Act, within such time and in such manner as may be prescribed,] 4[whether the invoices relating to such services are received prior to, on or after, the appointed day]. (8) Where a registered person having centralised registration under the existing law has obtained a registration under this Act, such person shall be allowed to take, in his electronic credit ledger, credit of the amount of CENVAT credit carried forward in a return, furnished under the existing law by him, in respect of the period ending with the day immediately preceding the appointed day [5][within such time and in such manner] as may be prescribed: Provided that if the registered person furnishes his return for the period ending with the day immediately preceding the appointed day within three months of the appointed day, such credit shall be allowed subject to the condition that the said return is either an original return or a revised return where the credit has been reduced from that claimed earlier: Provided further that the registered person shall not be allowed to take credit unless the said amount is admissible as input tax credit under this Act: Provided also that such credit may be transferred to any of the registered persons having the same Permanent Account Number for which the centralised registration was obtained under the existing law. 1. Subs. by Act 12 of 2020, s. 128, for “existing law” (w.e.f. 18-5-2020). 2. Subs. by s. 128, ibid., for “goods held in stock on the appointed day subject to” (w.e.f. 18-5-2020). 3. Subs. by s. 128, ibid., for “credit under this Act even if” (w.e.f. 18-5-2020). 4. Subs. by Act 15 of 2024, s. 147, for “even if the invoices relating to such services are received on or after the appointed day” (w.e.f. 1-7-2017). 5. Subs. by Act 12 of 2020, s. 128, for “in such manner” (w.e.f. 18-5-2020). 100 ----- (9) Where any CENVAT credit availed for the input services provided under the existing law has been reversed due to non-payment of the consideration within a period of three months, such [1][credit can be reclaimed within such time and in such manner as may be prescribed, subject to] the condition that the registered person has made the payment of the consideration for that supply of services within a period of three months from the appointed day. (10) The amount of credit under sub-sections (3), (4) and (6) shall be calculated in such manner as may be prescribed. _Explanation 1.—For the purposes of_ [2][sub-sections (1), (3), (4)] and (6), the expression “eligible duties” means–– (i) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957); (ii) the additional duty leviable under sub-section (1) of section 3 of the Customs Tariff Act, 1975 (51 of 1975); (iii) the additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act, 1975 (51 of 1975); 3* - - - (v) the duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986); (vi) the duty of excise specified in the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986); and (vii) the National Calamity Contingent Duty leviable under section 136 of the Finance Act, 2001 (14 of 2001), in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day. _Explanation 2.—For the purposes of [4][sub-sections (1) and (5)], the expression “eligible duties and_ taxes” means–– (i) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957); (ii) the additional duty leviable under sub-section (1) of section 3 of the Customs Tariff Act, 1975 (51 of 1975); (iii) the additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act, 1975 (51 of 1975); 5* - - - (v) the duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986); (vi) the duty of excise specified in the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986); (vii) the National Calamity Contingent Duty leviable under section 136 of the Finance Act, 2001 (14 of 2001); and (viii) the service tax leviable under section 66B of the Finance Act, 1994 (32 of 1994), in respect of inputs and input services received on or after the appointed day. 6[Explanation 3.—For removal of doubts, it is hereby clarified that the expression “eligible duties and taxes” excludes any cess which has not been specified in Explanation 1 or Explanation 2 and any 1. Subs. by Act 12 of 2020, s. 128, for “credit can be reclaimed subject to” (w.e.f. 18-5-2020). 2. Subs. by Act 31 of 2018, s. 28, for “sub-section (3), (4)” (w.e.f. 1-7-2017). 3. Clause (iv) omitted by s. 28, ibid, (w.e.f. 1-7-2017). 4. Subs. by s. 28, ibid., for “sub-section (5)” (w.e.f. 1-7-2017). 5. Clause (iv) omitted by s. 28, ibid., (w.e.f. 1-7-2017). 6. The Explanation ins. by s. 28, ibid., (w.e.f. 1-7-2017). 101 ----- cess which is collected as additional duty of customs under sub-section (1) of section 3 of the Customs Tariff Act, 1975 (51 of 1975).] **141. Transitional provisions relating to job work.––(1) Where any inputs received at a place of** business had been removed as such or removed after being partially processed to a job worker for further processing, testing, repair, reconditioning or any other purpose in accordance with the provisions of existing law prior to the appointed day and such inputs are returned to the said place on or after the appointed day, no tax shall be payable if such inputs, after completion of the job work or otherwise, are returned to the said place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if such inputs are not returned within the period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142. (2) Where any semi-finished goods had been removed from the place of business to any other premises for carrying out certain manufacturing processes in accordance with the provisions of existing law prior to the appointed day and such goods (hereafter in this section referred to as “the said goods”) are returned to the said place on or after the appointed day, no tax shall be payable, if the said goods, after undergoing manufacturing processes or otherwise, are returned to the said place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if the said goods are not returned within the period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142: Provided also that the manufacturer may, in accordance with the provisions of the existing law, transfer the said goods to the premises of any registered person for the purpose of supplying therefrom on payment of tax in India or without payment of tax for exports within the period specified in this sub-section. (3) Where any excisable goods manufactured at a place of business had been removed without payment of duty for carrying out tests or any other process not amounting to manufacture, to any other premises, whether registered or not, in accordance with the provisions of existing law prior to the appointed day and such goods, are returned to the said place on or after the appointed day, no tax shall be payable if the said goods, after undergoing tests or any other process, are returned to the said place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if the said goods are not returned within the period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142: Provided also that the manufacturer may, in accordance with the provisions of the existing law, transfer the said goods from the said other premises on payment of tax in India or without payment of tax for exports within the period specified in this sub-section. (4) The tax under sub-sections (1), (2) and (3) shall not be payable, only if the manufacturer and the job worker declare the details of the inputs or goods held in stock by the job worker on behalf of the manufacturer on the appointed day in such form and manner and within such time as may be prescribed. **142. Miscellaneous transitional provisions.––(1) Where any goods on which duty, if any, had been** paid under the existing law at the time of removal thereof, not being earlier than six months prior to the appointed day, are returned to any place of business on or after the appointed day, the registered person shall be eligible for refund of the duty paid under the existing law where such goods are returned by a person, other 102 ----- than a registered person, to the said place of business within a period of six months from the appointed day and such goods are identifiable to the satisfaction of the proper officer: Provided that if the said goods are returned by a registered person, the return of such goods shall be deemed to be a supply. (2) (a) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods or services or both is revised upwards on or after the appointed day, the registered person who had removed or provided such goods or services or both shall issue to the recipient a supplementary invoice or debit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act such supplementary invoice or debit note shall be deemed to have been issued in respect of an outward supply made under this Act; (b) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods or services or both is revised downwards on or after the appointed day, the registered person who had removed or provided such goods or services or both may issue to the recipient a credit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act such credit note shall be deemed to have been issued in respect of an outward supply made under this Act: Provided that the registered person shall be allowed to reduce his tax liability on account of issue of the credit note only if the recipient of the credit note has reduced his input tax credit corresponding to such reduction of tax liability. (3) Every claim for refund filed by any person before, on or after the appointed day, for refund of any amount of CENVAT credit, duty, tax, interest or any other amount paid under the existing law, shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be paid in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944): Provided that where any claim for refund of CENVAT credit is fully or partially rejected, the amount so rejected shall lapse: Provided further that no refund shall be allowed of any amount of CENVAT credit where the balance of the said amount as on the appointed day has been carried forward under this Act. (4) Every claim for refund filed after the appointed day for refund of any duty or tax paid under existing law in respect of the goods or services exported before or after the appointed day, shall be disposed of in accordance with the provisions of the existing law: Provided that where any claim for refund of CENVAT credit is fully or partially rejected, the amount so rejected shall lapse: Provided further that no refund shall be allowed of any amount of CENVAT credit where the balance of the said amount as on the appointed day has been carried forward under this Act. (5) Every claim filed by a person after the appointed day for refund of tax paid under the existing law in respect of services not provided shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be paid in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944). (6) (a) every proceeding of appeal, review or reference relating to a claim for CENVAT credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of existing law, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944) and the amount rejected, if any, shall not be admissible as input tax credit under this Act: Provided that no refund shall be allowed of any amount of CENVAT credit where the balance of the said amount as on the appointed day has been carried forward under this Act; 103 ----- (b) every proceeding of appeal, review or reference relating to recovery of CENVAT credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of existing law and if any amount of credit becomes recoverable as a result of such appeal, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. (7) (a) every proceeding of appeal, review or reference relating to any output duty or tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and if any amount becomes recoverable as a result of such appeal, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of duty or tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. (b) every proceeding of appeal, review or reference relating to any output duty or tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and any amount found to be admissible to the claimant shall be refunded to him in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944) and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (8) (a) where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes recoverable from the person, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act; (b) where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes refundable to the taxable person, the same shall be refunded to him in cash under the said law, notwithstanding anything to the contrary contained in the said law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944) and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (9) (a) where any return, furnished under the existing law, is revised after the appointed day and if, pursuant to such revision, any amount is found to be recoverable or any amount of CENVAT credit is found to be inadmissible, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act; (b) where any return, furnished under the existing law, is revised after the appointed day but within the time limit specified for such revision under the existing law and if, pursuant to such revision, any amount is found to be refundable or CENVAT credit is found to be admissible to any taxable person, the same shall be refunded to him in cash under the existing law, notwithstanding anything to the contrary contained in the said law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944) and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (10) Save as otherwise provided in this Chapter, the goods or services or both supplied on or after the appointed day in pursuance of a contract entered into prior to the appointed day shall be liable to tax under the provisions of this Act. (11) (a) notwithstanding anything contained in section 12, no tax shall be payable on goods under this Act to the extent the tax was leviable on the said goods under the Value Added Tax Act of the State; (b) notwithstanding anything contained in section 13, no tax shall be payable on services under this Act to the extent the tax was leviable on the said services under Chapter V of the Finance Act, 1994 (32 of 1994); (c) where tax was paid on any supply both under the Value Added Tax Act and under Chapter V of the Finance Act, 1994 (32 of 1994), tax shall be leviable under this Act and the taxable person shall be entitled to 104 ----- take credit of value added tax or service tax paid under the existing law to the extent of supplies made after the appointed day and such credit shall be calculated in such manner as may be prescribed. (12) Where any goods sent on approval basis, not earlier than six months before the appointed day, are rejected or not approved by the buyer and returned to the seller on or after the appointed day, no tax shall be payable thereon if such goods are returned within six months from the appointed day: Provided that the said period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that the tax shall be payable by the person returning the goods if such goods are liable to tax under this Act, and are returned after a period specified in this sub-section: Provided also that tax shall be payable by the person who has sent the goods on approval basis if such goods are liable to tax under this Act, and are not returned within a period specified in this sub-section. (13) Where a supplier has made any sale of goods in respect of which tax was required to be deducted at source under any law of a State or Union territory relating to Value Added Tax and has also issued an invoice for the same before the appointed day, no deduction of tax at source under section 51 shall be made by the deductor under the said section where payment to the said supplier is made on or after the appointed day. _Explanation.––For the purposes of this Chapter, the expressions “capital goods”, “Central Value_ Added Tax (CENVAT) credit”, “first stage dealer”, “second stage dealer”, or “manufacture” shall have the same meaning as respectively assigned to them in the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder. CHAPTER XXI MISCELLANEOUS **143. Job work procedure.––(1) A registered person (hereafter in this section referred to as the** “principal”) may under intimation and subject to such conditions as may be prescribed, send any inputs or capital goods, without payment of tax, to a job worker for job work and from there subsequently send to another job worker and likewise, and shall,–– (a) bring back inputs, after completion of job work or otherwise, or capital goods, other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out, to any of his place of business, without payment of tax; (b) supply such inputs, after completion of job work or otherwise, or capital goods, other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out from the place of business of a job worker on payment of tax within India, or with or without payment of tax for export, as the case may be: Provided that the principal shall not supply the goods from the place of business of a job worker in accordance with the provisions of this clause unless the said principal declares the place of business of the job worker as his additional place of business except in a case— (i) where the job worker is registered under section 25; or (ii) where the principal is engaged in the supply of such goods as may be notified by the Commissioner. 1[Provided further that the period of one year and three years may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding one year and two years respectively.] (2) The responsibility for keeping proper accounts for the inputs or capital goods shall lie with the principal. (3) Where the inputs sent for job work are not received back by the principal after completion of job work or otherwise in accordance with the provisions of clause (a) of sub-section (1) or are not supplied from 1. The proviso ins. by Act 31 of 2018, s. 29 (w.e.f. 1-2-2019). 105 ----- the place of business of the job worker in accordance with the provisions of clause (b) of sub-section (1) within a period of one year of their being sent out, it shall be deemed that such inputs had been supplied by the principal to the job worker on the day when the said inputs were sent out. (4) Where the capital goods, other than moulds and dies, jigs and fixtures, or tools, sent for job work are not received back by the principal in accordance with the provisions of clause (a) of sub-section (1) or are not supplied from the place of business of the job worker in accordance with the provisions of clause (b) of sub-section (1) within a period of three years of their being sent out, it shall be deemed that such capital goods had been supplied by the principal to the job worker on the day when the said capital goods were sent out. (5) Notwithstanding anything contained in sub-sections (1) and (2), any waste and scrap generated during the job work may be supplied by the job worker directly from his place of business on payment of tax, if such job worker is registered, or by the principal, if the job worker is not registered. _Explanation.––For the purposes of job work, input includes intermediate goods arising from any treatment_ or process carried out on the inputs by the principal or the job worker. **144. Presumption as to documents in certain cases.––Where any document––** (i) is produced by any person under this Act or any other law for the time being in force; or (ii) has been seized from the custody or control of any person under this Act or any other law for the time being in force; or (iii) has been received from any place outside India in the course of any proceedings under this Act or any other law for the time being in force, and such document is tendered by the prosecution in evidence against him or any other person who is tried jointly with him, the court shall— (a) unless the contrary is proved by such person, presume— (i) the truth of the contents of such document; (ii) that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person’s handwriting, and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested; (b) admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence. **145. Admissibility of micro films, facsimile copies of documents and computer printouts as** **documents and as evidence.—(1) Notwithstanding anything contained in any other law for the time** being in force,— (a) a micro film of a document or the reproduction of the image or images embodied in such micro film (whether enlarged or not); or (b) a facsimile copy of a document; or (c) a statement contained in a document and included in a printed material produced by a computer, subject to such conditions as may be prescribed; or (d) any information stored electronically in any device or media, including any hard copies made of such information, shall be deemed to be a document for the purposes of this Act and the rules made thereunder and shall be admissible in any proceedings thereunder, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible. 106 ----- (2) In any proceedings under this Act or the rules made thereunder, where it is desired to give a statement in evidence by virtue of this section, a certificate,— (a) identifying the document containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer, shall be evidence of any matter stated in the certificate and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. **146. Common Portal.—The Government may, on the recommendations of the Council, notify the** Common Goods and Services Tax Electronic Portal for facilitating registration, payment of tax, furnishing of returns, computation and settlement of integrated tax, electronic way bill and for carrying out such other functions and for such purposes as may be prescribed. **147. Deemed exports.—The Government may, on the recommendations of the Council, notify** certain supplies of goods as deemed exports, where goods supplied do not leave India, and payment for such supplies is received either in Indian rupees or in convertible foreign exchange, if such goods are manufactured in India. **148. Special procedure for certain processes.—The Government may, on the recommendations of** the Council, and subject to such conditions and safeguards as may be prescribed, notify certain classes of registered persons, and the special procedures to be followed by such persons including those with regard to registration, furnishing of return, payment of tax and administration of such persons. **149. Goods and services tax compliance rating.—(1) Every registered person may be assigned a** goods and services tax compliance rating score by the Government based on his record of compliance with the provisions of this Act. (2) The goods and services tax compliance rating score may be determined on the basis of such parameters as may be prescribed. (3) The goods and services tax compliance rating score may be updated at periodic intervals and intimated to the registered person and also placed in the public domain in such manner as may be prescribed. **150. Obligation to furnish information return.—(1) Any person, being—** (a) a taxable person; or (b) a local authority or other public body or association; or (c) any authority of the State Government responsible for the collection of value added tax or sales tax or State excise duty or an authority of the Central Government responsible for the collection of excise duty or customs duty; or (d) an income tax authority appointed under the provisions of the Income-tax Act, 1961 (43 of 1961); or (e) a banking company within the meaning of clause (a) of section 45A of the Reserve Bank of India Act, 1934 (2 of 1934); or (f) a State Electricity Board or an electricity distribution or transmission licensee under the Electricity Act, 2003 (36 of 2003), or any other entity entrusted with such functions by the Central Government or the State Government; or (g) the Registrar or Sub-Registrar appointed under section 6 of the Registration Act, 1908 (16 of 1908); or (h) a Registrar within the meaning of the Companies Act, 2013 (18 of 2013); or (i) the registering authority empowered to register motor vehicles under the Motor Vehicles Act, 1988 (59 of 1988); or 107 ----- (j) the Collector referred to in clause (c) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013); or (k) the recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); or (l) a depository referred to in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); or (m) an officer of the Reserve Bank of India as constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934); or (n) the Goods and Services Tax Network, a company registered under the Companies Act, 2013 (18 of 2013); or (o) a person to whom a Unique Identity Number has been granted under sub-section (9) of section 25; or (p) any other person as may be specified, on the recommendations of the Council, by the Government, who is responsible for maintaining record of registration or statement of accounts or any periodic return or document containing details of payment of tax and other details of transaction of goods or services or both or transactions related to a bank account or consumption of electricity or transaction of purchase, sale or exchange of goods or property or right or interest in a property under any law for the time being in force, shall furnish an information return of the same in respect of such periods, within such time, in such form and manner and to such authority or agency as may be prescribed. (2) Where the Commissioner, or an officer authorised by him in this behalf, considers that the information furnished in the information return is defective, he may intimate the defect to the person who has furnished such information return and give him an opportunity of rectifying the defect within a period of thirty days from the date of such intimation or within such further period which, on an application made in this behalf, the said authority may allow and if the defect is not rectified within the said period of thirty days or, the further period so allowed, then, notwithstanding anything contained in any other provisions of this Act, such information return shall be treated as not furnished and the provisions of this Act shall apply. (3) Where a person who is required to furnish information return has not furnished the same within the time specified in sub-section (1) or sub-section (2), the said authority may serve upon him a notice requiring furnishing of such information return within a period not exceeding ninety days from the date of service of the notice and such person shall furnish the information return. 1[151. Power to call for information.—The Commissioner or an officer authorised by him may, by an order, direct any person to furnish information relating to any matter dealt with in connection with this Act, within such time, in such form, and in such manner, as may be specified therein.] **152. Bar on disclosure of information.—(1) No information** [2]*** with respect to any matter given for the purposes of section 150 or section 151 shall, without the previous consent in writing of the concerned person or his authorised representative, be published in such manner so as to enable such particulars to be identified as referring to a particular person and no such information shall be used for the purpose of any proceedings under this Act [3][without giving an opportunity of being heard to the person concerned]. 4* - - - (3) Nothing in this section shall apply to the publication of any information relating to a class of taxable persons or class of transactions, if in the opinion of the Commissioner, it is desirable in the public interest to publish such information. 1. Subs. by Act 13 of 2021, s. 119, for section 151 (w.e.f. 1-1-2022). 2. The words “of any individual return or part thereof” omitted by s. 120, ibid., (w.e.f. 1-1-2022). 3. Ins. by s. 120, ibid. (w.e.f. 1-1-2022). 4. Sub-section (2) omitted by s. 120, ibid. (w.e.f. 1-1-2022). 108 ----- **153. Taking assistance from an expert.—Any officer not below the rank of Assistant Commissioner** may, having regard to the nature and complexity of the case and the interest of revenue, take assistance of any expert at any stage of scrutiny, inquiry, investigation or any other proceedings before him. **154. Power to take samples.—The Commissioner or an officer authorised by him may take samples** of goods from the possession of any taxable person, where he considers it necessary, and provide a receipt for any samples so taken. **155. Burden of proof.—Where any person claims that he is eligible for input tax credit under this** Act, the burden of proving such claim shall lie on such person. **156. Persons deemed to be public servants.—All persons discharging functions under this Act shall** be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **157. Protection of action taken under this Act.—(1) No suit, prosecution or other legal proceedings** shall lie against the President, State President, Members, officers or other employees of the Appellate Tribunal or any other person authorised by the said Appellate Tribunal for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. (2) No suit, prosecution or other legal proceedings shall lie against any officer appointed or authorised under this Act for anything which is done or intended to be done in good faith under this Act or the rules made thereunder. **158. Disclosure of information by a public servant.—(1) All particulars contained in any statement** made, return furnished or accounts or documents produced in accordance with this Act, or in any record of evidence given in the course of any proceedings under this Act (other than proceedings before a criminal court), or in any record of any proceedings under this Act shall, save as provided in sub-section (3), not be disclosed. (2) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), no court shall, save as otherwise provided in sub-section (3), require any officer appointed or authorised under this Act to produce before it or to give evidence before it in respect of particulars referred to in sub-section (1). (3) Nothing contained in this section shall apply to the disclosure of,–– (a) any particulars in respect of any statement, return, accounts, documents, evidence, affidavit or deposition, for the purpose of any prosecution under the Indian Penal Code (45 of 1860) or the Prevention of Corruption Act, 1988 (49 of 1988), or any other law for the time being in force; or (b) any particulars to the Central Government or the State Government or to any person acting in the implementation of this Act, for the purposes of carrying out the objects of this Act; or (c) any particulars when such disclosure is occasioned by the lawful exercise under this Act of any process for the service of any notice or recovery of any demand; or (d) any particulars to a civil court in any suit or proceedings, to which the Government or any authority under this Act is a party, which relates to any matter arising out of any proceedings under this Act or under any other law for the time being in force authorising any such authority to exercise any powers thereunder; or (e) any particulars to any officer appointed for the purpose of audit of tax receipts or refunds of the tax imposed by this Act; or (f) any particulars where such particulars are relevant for the purposes of any inquiry into the conduct of any officer appointed or authorised under this Act, to any person or persons appointed as an inquiry officer under any law for the time being in force; or (g) any such particulars to an officer of the Central Government or of any State Government, as may be necessary for the purpose of enabling that Government to levy or realise any tax or duty; or (h) any particulars when such disclosure is occasioned by the lawful exercise by a public servant or any other statutory authority, of his or its powers under any law for the time being in force; or 109 ----- (i) any particulars relevant to any inquiry into a charge of misconduct in connection with any proceedings under this Act against a practising advocate, a tax practitioner, a practising cost accountant, a practising chartered accountant, a practising company secretary to the authority empowered to take disciplinary action against the members practising the profession of a legal practitioner, a cost accountant, a chartered accountant or a company secretary, as the case may be; or (j) any particulars to any agency appointed for the purposes of data entry on any automated system or for the purpose of operating, upgrading or maintaining any automated system where such agency is contractually bound not to use or disclose such particulars except for the aforesaid purposes; or (k) any particulars to an officer of the Government as may be necessary for the purposes of any other law for the time being in force; or (l) any information relating to any class of taxable persons or class of transactions for publication, if, in the opinion of the Commissioner, it is desirable in the public interest, to publish such information. 1[158A. **Consent based sharing of information furnished by taxable person.— (1)** Notwithstanding anything contained in sections 133, 152 and 158, the following details furnished by a registered person may, subject to the provisions of sub-section (2), and on the recommendations of the Council, be shared by the common portal with such other systems as may be notified by the Government, in such manner and subject to such conditions as may be prescribed, namely:— (a) particulars furnished in the application for registration under section 25 or in the return filed under section 39 or under section 44; (b) the particulars uploaded on the common portal for preparation of invoice, the details of outward supplies furnished under section 37 and the particulars uploaded on the common portal for generation of documents under section 68; (c) such other details as may be prescribed. (2) For the purposes of sharing details under sub-section (1), the consent shall be obtained, of— (a) the supplier, in respect of details furnished under clauses (a), (b) and (c) of sub-section (1); and (b) the recipient, in respect of details furnished under clause (b) of sub-section (1), and under clause (c) of sub-section (1) only where such details include identity information of the recipient, in such form and manner as may be prescribed. (3) Notwithstanding anything contained in any law for the time being in force, no action shall lie against the Government or the common portal with respect to any liability arising consequent to information shared under this section and there shall be no impact on the liability to pay tax on the relevant supply or as per the relevant return.] **159. Publication of information in respect of persons in certain cases.—(1) If the Commissioner,** or any other officer authorised by him in this behalf, is of the opinion that it is necessary or expedient in the public interest to publish the name of any person and any other particulars relating to any proceedings or prosecution under this Act in respect of such person, it may cause to be published such name and particulars in such manner as it thinks fit. (2) No publication under this section shall be made in relation to any penalty imposed under this Act until the time for presenting an appeal to the Appellate Authority under section 107 has expired without an appeal having been presented or the appeal, if presented, has been disposed of. 1. Ins. by Act 8 of 2023, s. 158 (w.e.f. 1-10-2023). 110 ----- _Explanation.––In the case of firm, company or other association of persons, the names of the partners_ of the firm, directors, managing agents, secretaries and treasurers or managers of the company, or the members of the association, as the case may be, may also be published if, in the opinion of the Commissioner, or any other officer authorised by him in this behalf, circumstances of the case justify it. **160. Assessment proceedings, etc., not to be invalid on certain grounds.—(1) No assessment,** re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings done, accepted, made, issued, initiated, or purported to have been done, accepted, made, issued, initiated in pursuance of any of the provisions of this Act shall be invalid or deemed to be invalid merely by reason of any mistake, defect or omission therein, if such assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings are in substance and effect in conformity with or according to the intents, purposes and requirements of this Act or any existing law. (2) The service of any notice, order or communication shall not be called in question, if the notice, order or communication, as the case may be, has already been acted upon by the person to whom it is issued or where such service has not been called in question at or in the earlier proceedings commenced, continued or finalised pursuant to such notice, order or communication. **161. Rectification of errors apparent on the face of record.—Without prejudice to the provisions of** section 160, and notwithstanding anything contained in any other provisions of this Act, any authority, who has passed or issued any decision or order or notice or certificate or any other document, may rectify any error which is apparent on the face of record in such decision or order or notice or certificate or any other document, either on its own motion or where such error is brought to its notice by any officer appointed under this Act or an officer appointed under the State Goods and Services Tax Act or an officer appointed under the Union Territory Goods and Services Tax Act or by the affected person within a period of three months from the date of issue of such decision or order or notice or certificate or any other document, as the case may be: Provided that no such rectification shall be done after a period of six months from the date of issue of such decision or order or notice or certificate or any other document: Provided further that the said period of six months shall not apply in such cases where the rectification is purely in the nature of correction of a clerical or arithmetical error, arising from any accidental slip or omission: Provided also that where such rectification adversely affects any person, the principles of natural justice shall be followed by the authority carrying out such rectification. **162. Bar on jurisdiction of civil courts.—Save as provided in sections 117 and 118, no civil court** shall have jurisdiction to deal with or decide any question arising from or relating to anything done or purported to be done under this Act. **163. Levy of fee.—Wherever a copy of any order or document is to be provided to any person on an** application made by him for that purpose, there shall be paid such fee as may be prescribed. **164. Power of Government to make rules.—(1) The Government may, on the recommendations of** the Council, by notification, make rules for carrying out the provisions of this Act. (2) Without prejudice to the generality of the provisions of sub-section (1), the Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules. (3) The power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this Act come into force. (4) Any rules made under sub-section (1) or sub-section (2) may provide that a contravention thereof shall be liable to a penalty not exceeding ten thousand rupees. 111 ----- **165. Power to make regulations.—The Board may, by notification, make regulations consistent with** this Act and the rules made thereunder to carry out the provisions of this Act. **166. Laying of rules, regulations and notifications.—Every rule made by the Government, every** regulation made by the Board and every notification issued by the Government under this Act, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or in the notification, as the case may be, or both Houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be. **167. Delegation of powers.—The Commissioner may, by notification, direct that subject to such** conditions, if any, as may be specified in the notification, any power exercisable by any authority or officer under this Act may be exercisable also by another authority or officer as may be specified in such notification. **168. Power to issue instructions or directions.—(1) The Board may, if it considers it necessary or** expedient so to do for the purpose of uniformity in the implementation of this Act, issue such orders, instructions or directions to the central tax officers as it may deem fit, and thereupon all such officers and all other persons employed in the implementation of this Act shall observe and follow such orders, instructions or directions. (2) The Commissioner specified in clause (91) of section 2, sub-section (3) of section 5, clause (b) of sub-section (9) of section 25, sub-sections (3) and (4) of section 35, sub-section (1) of section 37, 1*** sub-section (6) of section 39, 2[ 3[section 44], sub-sections (4) and (5) of section 52,] 4[sub-section (1) of section 143, except the second proviso thereof], [5]*** clause (l) of sub-section (3) of section 158 and section 167 shall mean a Commissioner or Joint Secretary posted in the Board and such Commissioner or Joint Secretary shall exercise the powers specified in the said sections with the approval of the Board. **6[168A. Power of Government to extend time limit in special circumstances.—(1)** Notwithstanding anything contained in this Act, the Government may, on the recommendations of the Council, by notification, extend the time limit specified in, or prescribed or notified under, this Act in respect of actions which cannot be completed of complied with due to force majeure. (2) The power to issue notification under sub-section (1) shall include the power to give retrospective effect to such notification from a date not earlier than the date of commencement of this Act. _Explanation.—For the purposes of this section, the expression “force majeure” means a case of war,_ epidemic, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or otherwise affecting the implementation of any of the provisions of this Act.] **169. Service of notice in certain circumstances.—(1) Any decision, order, summons, notice or other** communication under this Act or the rules made thereunder shall be served by any one of the following methods, namely:— 1. The words, brackets and figures “sub-section (2) of section 38,” omitted by Act 6 of 2022, s. 114 (w.e.f. 1-10-2022). 2. Ins. by Act 23 of 2019, s. 111 (w.e.f. 1-10-2022). 4. Subs. by Act 13 of 2021, s. 121, for the words, brackets and figures “sub-section (1) of section 44” (w.e.f. 1-1-2022). 3. Subs. by Act 12 of 2020, s. 129, for words, brackets and figures “sub-section (5) of section 66, sub-section (1) of section 143” (w.e.f. 30-6-2020). 5. The words, brackets and figures “sub-section (1) of section 151,” omitted by s. 121, ibid. (w.e.f. 1-1-2022). 6. Ins. by Act 38 of 2020, s. 7 (w.e.f. 31-3-2020). 112 ----- (a) by giving or tendering it directly or by a messenger including a courier to the addressee or the taxable person or to his manager or authorised representative or an advocate or a tax practitioner holding authority to appear in the proceedings on behalf of the taxable person or to a person regularly employed by him in connection with the business, or to any adult member of family residing with the taxable person; or (b) by registered post or speed post or courier with acknowledgment due, to the person for whom it is intended or his authorised representative, if any, at his last known place of business or residence; or (c) by sending a communication to his _e-mail address provided at the time of registration or as_ amended from time to time; or (d) by making it available on the common portal; or (e) by publication in a newspaper circulating in the locality in which the taxable person or the person to whom it is issued is last known to have resided, carried on business or personally worked for gain; or (f) if none of the modes aforesaid is practicable, by affixing it in some conspicuous place at his last known place of business or residence and if such mode is not practicable for any reason, then by affixing a copy thereof on the notice board of the office of the concerned officer or authority who or which passed such decision or order or issued such summons or notice. (2) Every decision, order, summons, notice or any communication shall be deemed to have been served on the date on which it is tendered or published or a copy thereof is affixed in the manner provided in sub-section (1). (3) When such decision, order, summons, notice or any communication is sent by registered post or speed post, it shall be deemed to have been received by the addressee at the expiry of the period normally taken by such post in transit unless the contrary is proved. **170. Rounding off of tax, etc.—The amount of tax, interest, penalty, fine or any other sum payable,** and the amount of refund or any other sum due, under the provisions of this Act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise it shall be ignored. **171. Anti-profiteering measure.—(1) Any reduction in rate of tax on any supply of goods or** services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices. (2) The Central Government may, on recommendations of the Council, by notification, constitute an Authority, or empower an existing Authority constituted under any law for the time being in force, to examine whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him. (3) The Authority referred to in sub-section (2) shall exercise such powers and discharge such functions as may be prescribed. 1[(3A) Where the Authority referred to in sub-section (2), after holding examination as required under the said sub-section comes to the conclusion that any registered person has profiteered under sub-section (1), such person shall be liable to pay penalty equivalent to ten per cent. of the amount so profiteered: Provided that no penalty shall be leviable if the profiteered amount is deposited within thirty days of the date of passing of the order by the Authority. _Explanation.—For the purposes of this section, the expression "profiteered" shall mean the amount_ determined on account of not passing the benefit of reduction in rate of tax on supply of goods or services 1. Ins. by Act 23 of 2019, s. 112 (w.e.f. 1-1-2020). 113 ----- or both or the benefit of input tax credit to the recipient by way of commensurate reduction in the price of the goods or services or both.] **172. Removal of difficulties.—(1) If any difficulty arises in giving effect to any provisions of this** Act, the Government may, on the recommendations of the Council, by a general or a special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty: Provided that no such order shall be made after the expiry of a period of [1][five years] from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of Parliament. **173. Amendment of Act 32 of 1994.—Save as otherwise provided in this Act, Chapter V of the** Finance Act, 1994 shall be omitted. **174. Repeal and saving.—(1) Save as otherwise provided in this Act, on and from the date of** commencement of this Act, the Central Excise Act, 1944 (1 of 1944) (except as respects goods included in entry 84 of the Union List of the Seventh Schedule to the Constitution), the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955), the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978), and the Central Excise Tariff Act, 1985 (5 of 1986) (hereafter referred to as the repealed Acts) are hereby repealed. (2) The repeal of the said Acts and the amendment of the Finance Act, 1994 (32 of 1994) (hereafter referred to as “such amendment” or “amended Act”, as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not— (a) revive anything not in force or existing at the time of such amendment or repeal; or (b) affect the previous operation of the amended Act or repealed Acts and orders or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended Act or repealed Acts or orders under such repealed or amended Acts: Provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended Act or repealed Acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right, privilege, obligation, liability, forfeiture or punishment, as aforesaid, and any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these Acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended Act or repealed Acts and such proceedings shall be continued under the said amended Act or repealed Acts as if this Act had not come into force and the said Acts had not been amended or repealed. 1. Subs. by Act 12 of 2020, s. 130, for “three years” (w.e.f. 30-6-2020). 114 ----- (3) The mention of the particular matters referred to in sub-sections (1) and (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal. 115 ----- SCHEDULE I [See section 7] ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION 1. Permanent transfer or disposal of business assets where input tax credit has been availed on such assets. 2. Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business: Provided that gifts not exceeding fifty thousand rupees in value in a financial year by an employer to an employee shall not be treated as supply of goods or services or both. 3. Supply of goods— (a) by a principal to his agent where the agent undertakes to supply such goods on behalf of the principal; or (b) by an agent to his principal where the agent undertakes to receive such goods on behalf of the principal. 4. Import of services by a [1][person] from a related person or from any of his other establishments outside India, in the course or furtherance of business. 1. Subs. by Act 31 of 2018, s. 30 for “taxable person” (w.e.f. 1-2-2019). 116 ----- SCHEDULE II [See section 7] ACTIVITIES [1][OR TRANSACTIONS] TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES 1. Transfer (a) any transfer of the title in goods is a supply of goods; (b) any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services; (c) any transfer of title in goods under an agreement which stipulates that property in goods shall pass at a future date upon payment of full consideration as agreed, is a supply of goods. 2. Land and Building (a) any lease, tenancy, easement, licence to occupy land is a supply of services; (b) any lease or letting out of the building including a commercial, industrial or residential complex for business or commerce, either wholly or partly, is a supply of services. 3. Treatment or process Any treatment or process which is applied to another person's goods is a supply of services. 4. Transfer of business assets (a) where goods forming part of the assets of a business are transferred or disposed of by or under the directions of the person carrying on the business so as no longer to form part of those assets, [2]***, such transfer or disposal is a supply of goods by the person; (b) where, by or under the direction of a person carrying on a business, goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, [2]***, the usage or making available of such goods is a supply of services; (c) where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless— (i) the business is transferred as a going concern to another person; or (ii) the business is carried on by a personal representative who is deemed to be a taxable person. 5. Supply of services The following shall be treated as supply of services, namely:— (a) renting of immovable property; (b) construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been 1. Ins. by Act 31 of 2018, s. 31 (w.e.f. 1-7-2017). 2. The words “whether or not for a consideration” omitted by Act 12 of 2020, s. 131 (w.e.f. 1-7-2017). 117 ----- received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier. _Explanation.—For the purposes of this clause—_ (1) the expression “competent authority” means the Government or any authority authorised to issue completion certificate under any law for the time being in force and in case of non-requirement of such certificate from such authority, from any of the following, namely:— (i) an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972); or (ii) a chartered engineer registered with the Institution of Engineers (India); or (iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority; (2) the expression “construction” includes additions, alterations, replacements or remodelling of any existing civil structure; (c) temporary transfer or permitting the use or enjoyment of any intellectual property right; (d) development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software; (e) agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act; and (f) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration. 6. Composite supply The following composite supplies shall be treated as a supply of services, namely:— (a) works contract as defined in clause (119) of section 2; and (b) supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration. 1* - - - 1. Paragraph 7 omitted by Act 13 of 2021, s. 122 (w.e.f. 1-1-2022). 118 ----- SCHEDULE III [See section 7] ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES 1. Services by an employee to the employer in the course of or in relation to his employment. 2. Services by any court or Tribunal established under any law for the time being in force. 3. (a) the functions performed by the Members of Parliament, Members of State Legislature, Members of Panchayats, Members of Municipalities and Members of other local authorities; (b) the duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity; or (c) the duties performed by any person as a Chairperson or a Member or a Director in a body established by the Central Government or a State Government or local authority and who is not deemed as an employee before the commencement of this clause. 4. Services of funeral, burial, crematorium or mortuary including transportation of the deceased. 5. Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building. 6. Actionable claims, other than [1][specified actionable claims]. 2[7. Supply of goods from a place in the non-taxable territory to another place in the non-taxable territory without such goods entering into India. 8. (a) Supply of warehoused goods to any person before clearance for home consumption; (b) Supply of goods by the consignee to any other person, by endorsement of documents of title to the goods, after the goods have been dispatched from the port of origin located outside India but before clearance for home consumption.] 3[Explanation 1.]—For the purposes of paragraph 2, the term “court” includes District Court, High Court and Supreme Court. 4[Explanation 2.––For the purposes of paragraph 8, the expression “warehoused goods” shall have the same meaning as assigned to it in the Customs Act, 1962 (52 of 1962).] 1. Subs. by Act 30 of 2023, s. 4, for “lottery, betting and gambling” (w.e.f. 1-10-2023). 2. Ins. by Act 31 of 2018, s. 32 (w.e.f. 1-7-2017). 3. Explanation numbered as Explanation 1 by s. 32, ibid. (w.e.f. 1-2-2019). 4. Explanation 2 ins. by s. 32, ibid. (w.e.f. 1-7-2017). 119 -----

20-Apr-2017

16

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2254/1/a2017-16.pdf

central

THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (PREVENTION AND CONTROL) ACT, 2017 __________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II PROHIBITION OF CERTAIN ACTS 3. Prohibition of discrimination. 4. Prohibition of certain acts. CHAPTER III INFORMED CONSENT 5. Informed consent for undertaking HIV test or treatment. 6. Informed consent not required for conducting HIV tests in certain cases. 7. Guidelines for testing centres, etc. CHAPTER IV DISCLOSURE OF HIV STATUS 8. Disclosure of HIV status. 9. Disclosure of HIV-positive status to partner of HIV-positive person. 10. Duty to prevent transmission of HIV. CHAPTER V OBLIGATION OF ESTABLISHMENTS 11. Confidentiality of data. 12. HIV and AIDS policy for establishments. CHAPTER VI ANTI-RETROVIRAL THERAPY AND OPPORTUNISTIC INFECTION MANAGEMENT FOR PEOPLE LIVING WITH HIV 13. Central Government and State Government to take measures. 14. Anti-retroviral Therapy and Opportunistic Infection Management by Central Government and State Government. CHAPTER VII WELFARE MEASURES BY THE CENTRAL GOVERNMENT AND STATE GOVERNMENT 15. Welfare measures by Central Government and State Government. 16. Protection of property of children affected by HIV or AIDS. 17. Promotion of HIV and AIDS related information, education and communication programmes. 18. Women and children infected with HIV or AIDS. 1 ----- CHAPTER VIII SAFE WORKING ENVIRONMENT SECTIONS 19. Obligation of establishments to provide safe working environment. 20. General responsibility of establishments. 21. Grievance redressal mechanism. CHAPTER IX PROMOTION OF STRATEGIES FOR REDUCTION OF RISK 22. Strategies for reduction of risk. CHAPTER X APPOINTMENT OF OMBUDSMAN 23. Appointment of Ombudsman. 24. Powers of Ombudsman. 25. Procedure of complaint. 26. Orders of Ombudsman. 27. Authorities to assist Ombudsman. 28. Report to State Government. CHAPTER XI SPECIAL PROVISIONS 29. Right of residence. 30. HIV-related information, education and communication before marriage. 31. Persons in care or custody of State. 32. Recognition of guardianship of older sibling. 33. Living wills for guardianship and testamentary guardianship. CHAPTER XII SPECIAL PROCEDURE IN COURT 34. Suppression of identity. 35. Maintenance applications. 36. Sentencing. CHAPTER XIII PENALTIES 37. Penalty for contravention. 38. Penalty for failure to comply with orders of Ombudsman. 39. Penalty for breach of confidentiality in legal proceeding. 40. Prohibition of victimisation. 41. Court to try offences. 42. Offences to be cognizable and bailable. CHAPTER XIV MISCELLANEOUS 43. Act to have overriding effect. 44. Protection of action taken in good faith. 45. Delegation of powers. 46. Guidelines. 47. Power of Central Government to make rules. 48. Laying of rules before both Houses of Parliament. 49. Power of State Government to make rules and laying thereof. 50. Power to remove difficulties. 2 ----- # THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (PREVENTION AND CONTROL) ACT, 2017 ACT NO. 16 OF 2017 [20th April, 2017.] # An Act to provide for the prevention and control of the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and for the protection of human rights of persons affected by the said virus and syndrome and for matters connected therewith or incidental thereto. WHEREAS the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome is a matter of grave concern to all and there is an urgent need for the prevention and control of said virus and syndrome; AND WHEREAS there is a need to protect and secure the human rights of persons who are HIV positive, affected by Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and vulnerable to the said virus and syndrome; AND WHEREAS there is a necessity for effective care, support and treatment for Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; AND WHEREAS there is a need to protect the rights of healthcare providers and other persons in relation to Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; AND WHEREAS the General Assembly of the United Nations, recalling and reaffirming its previous commitments on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome, has adopted the Declaration of Commitment on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (2001) to address the problems of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome in all its aspects and to secure a global commitment to enhancing coordination and intensification of national, regional and international efforts to combat it in a comprehensive manner; AND WHEREAS the Republic of India, being a signatory to the aforesaid Declaration, it is expedient to give effect to the said Declaration. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:–– CHAPTER I PRELIMINARY **1. Short title, extent and commencement.––(1) This Act may be called the Human** Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.––In this Act, unless the context otherwise requires,—** (a) “AIDS” means Acquired Immune Deficiency Syndrome, a condition characterised by a combination of signs and symptoms, caused by Human Immunodeficiency Virus, which attacks and weakens the body’s immune system making the HIV-positive person susceptible to life threatening conditions or other conditions, as may be specified from time to time; 1. 10th September, 2018 vide Notification No. S.O. 4715(E) dated 10th September 2018, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- (b) “capacity to consent” means ability of an individual, determined on an objective basis, to understand and appreciate the nature and consequences of a proposed action and to make an informed decision concerning such action; (c) “child affected by HIV” means a person below the age of eighteen years, who is HIV-positive or whose parent or guardian (with whom such child normally resides) is HIV-positive or has lost a parent or guardian (with whom such child resided) due to AIDS or lives in a household fostering children orphaned by AIDS; (d) “discrimination” means any act or omission which directly or indirectly, expressly or by effect, immediately or over a period of time,— (i) imposes any burden, obligation, liability, disability or disadvantage on any person or category of persons, based on one or more HIV-related grounds; or (ii) denies or withholds any benefit, opportunity or advantage from any person or category of persons, based on one or more HIV-related grounds, and the expression “discriminate” to be construed accordingly. _Explanation 1.—For the purposes of this clause, HIV-related grounds include—_ (i) being an HIV-positive person; (ii) ordinarily living, residing or cohabiting with a person who is HIV-positive person; (iii) ordinarily lived, resided or cohabited with a person who was HIV-positive. _Explanation_ 2.—For the removal of doubts, it is hereby clarified that adoption of medically advised safeguards and precautions to minimise the risk of infection shall not amount to discrimination; (e) “domestic relationship” means a relationship as defined under clause (f) of section 2 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005); (f) “establishment” means a body corporate or co-operative society or any organisation or institution or two or more persons jointly carrying out a systematic activity for a period of twelve months or more at one or more places for consideration or otherwise, for the production, supply or distribution of goods or services; (g) “guidelines” means any statement or any other document issued by the Central Government indicating policy or procedure or course of action relating to HIV and AIDS to be followed by the Central Government, State Governments, governmental and non-governmental organisations and establishments and individuals dealing with prevention, control and treatment of HIV or AIDS; (h) “healthcare provider” means any individual whose vocation or profession is directly or indirectly related to the maintenance of the health of another individual and includes any physician, nurse, paramedic, psychologist, counsellor or other individual providing medical, nursing, psychological or other healthcare services including HIV prevention and treatment services; (i) “HIV” means Human Immunodeficiency Virus; (j) “HIV-affected person” means an individual who is HIV-positive or whose partner (with whom such individual normally resides) is HIV-positive or has lost a partner (with whom such individual resided) due to AIDS; (k) “HIV-positive person” means a person whose HIV test has been confirmed positive; (l) “HIV-related information” means any information relating to the HIV status of a person and includes— (i) information relating to the undertaking performing the HIV test or result of an HIV test; (ii) information relating to the care, support or treatment of that person; (iii) information which may identify that person; and 4 ----- (iv) any other information concerning that person, which is collected, received, accessed or recorded in connection with an HIV test, HIV treatment or HIV-related research or the HIV status of that person; (m) “HIV test” means a test to determine the presence of an antibody or antigen of HIV; (n) “informed consent” means consent given by any individual or his representative specific to a proposed intervention without any coercion, undue influence, fraud, mistake or misrepresentation and such consent obtained after informing such individual or his representative, as the case may be, such information, as specified in the guidelines, relating to risks and benefits of, and alternatives to, the proposed intervention in such language and in such manner as understood by that individual or his representative, as the case may be; (o) “notification” means a notification published in the Official Gazette; (p) “partner” means a spouse, _de facto_ spouse or a person with whom another person has relationship in the nature of marriage; (q) “person” includes an individual, a Hindu Undivided Family, a company, a firm, an association of persons or a body of individuals, whether incorporated or not, in India or outside India, any corporation established by or under any Central or State Act or any company including a Government company incorporated under the Companies Act, 1956 (1 of 1956), any Limited Liability Partnership under the Limited Liability Partnership Act, 2008 (6 of 2009), any body corporate incorporated by or under the laws of a country outside India, a co-operative society registered under any law relating to co-operative societies, a local authority, and every other artificial juridical person; (r) “prescribed” means prescribed by rules made by the Central Government or the State Government, as the case may be; (s) “protected person” means a person who is— (i) HIV-Positive; or (ii) ordinarily living, residing or cohabiting with a person who is HIV-positive person; or (iii) ordinarily lived, resided or cohabited with a person who was HIV-positive; (t) “reasonable accommodation” means minor adjustments to a job or work that enables an HIV-positive person who is otherwise qualified to enjoy equal benefits or to perform the essential functions of the job or work, as the case may be; (u) “relative”, with reference to the protected person, means— (i) spouse of the protected person; (ii) parents of the protected person; (iii) brother or sister of the protected person; (iv) brother or sister of the spouse of the protected person; (v) brother or sister of either of the parents of the protected person; (vi) in the absence of any of the relatives mentioned at sub-clauses (i) to (v), any lineal ascendant or descendant of the protected person; (vii) in the absence of any of the relatives mentioned at sub-clauses (i) to (vi), any lineal ascendant or descendant of the spouse of the protected person; (v) “significant-risk” means— (a) the presence of significant-risk body substances; (b) a circumstance which constitutes significant-risk for transmitting or contracting HIV infection; or (c) the presence of an infectious source and an uninfected person. 5 ----- _Explanation.—For the purpose of this clause,—_ (i) “significant-risk body substances” are blood, blood products, semen, vaginal secretions, breast milk, tissue and the body fluids, namely, cerebrospinal, amniotic, peritoneal, synovial, pericardial and pleural; (ii) ‘‘circumstances which constitute significant-risk for transmitting or contracting HIV infection” are— (A) sexual intercourse including vaginal, anal or oral sexual intercourse which exposes an uninfected person to blood, blood products, semen or vaginal secretions of an HIV-positive person; (B) sharing of needles and other paraphernalia used for preparing and injecting drugs between HIV-positive persons and uninfected persons; (C) the gestation, giving birth or breast feeding of an infant when the mother is an HIV-positive person; (D) transfusion of blood, blood products, and transplantation of organs or other tissues from an HIV-positive person to an uninfected person, provided such blood, blood products, organs or other tissues have not been tested conclusively for the antibody or antigen of HIV and have not been rendered non-infective by heat or chemical treatment; and (E) other circumstances during which a significant-risk body substance, other than breast milk, of an HIV-positive person contacts or may contact mucous membranes including eyes, nose or mouth, non-intact skin including open wounds, skin with a dermatitis condition or abraded areas or the vascular system of an uninfected person, and including such circumstances not limited to needle-stick or puncture wound injuries and direct saturation or permeation of these body surfaces by the significant-risk body substances: Provided that “significant-risk” shall not include— (i) exposure to urine, faeces, sputum, nasal secretions, saliva, sweat, tears or vomit that does not contain blood that is visible to the naked eye; (ii) human bites where there is no direct blood to blood, or no blood to mucous membrane contact; (iii) exposure of intact skin to blood or any other blood substance; and (iv) occupational centres where individuals use scientifically accepted Universal Precautions, prohibitive techniques and preventive practices in circumstances which would otherwise pose a significant-risk and such techniques are not breached and remain intact; (w) “State AIDS Control Society” means the nodal agency of the State Government responsible for implementing programmes in the field of HIV and AIDS; (x) “State Government”, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution; and (y) “Universal Precautions” means control measures that prevent exposure to or reduce, the risk of transmission of pathogenic agents (including HIV) and includes education, training, personal protective equipment such as gloves, gowns and masks, hand washing, and employing safe work practices. 6 ----- CHAPTER II PROHIBITION OF CERTAIN ACTS **3. Prohibition of discrimination.—No person shall discriminate against the protected person on any** ground including any of the following, namely:— (a) the denial of, or termination from, employment or occupation, unless, in the case of termination, the person, who is otherwise qualified, is furnished with— (i) a copy of the written assessment of a qualified and independent healthcare provider competent to do so that such protected person poses a significant risk of transmission of HIV to other person in the workplace, or is unfit to perform the duties of the job; and (ii) a copy of a written statement by the employer stating the nature and extent of administrative or financial hardship for not providing him reasonable accommodation; (b) the unfair treatment in, or in relation to, employment or occupation; (c) the denial or discontinuation of, or, unfair treatment in, healthcare services; (d) the denial or discontinuation of, or unfair treatment in, educational, establishments and services thereof; (e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public, whether or not for a fee, including shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, bathing ghats, roads, burial grounds or funeral ceremonies and places of public resort; (f) the denial, or, discontinuation of, or unfair treatment with regard to, the right of movement; (g) the denial or discontinuation of, or, unfair treatment with regard to, the right to reside, purchase, rent, or otherwise occupy, any property; (h) the denial or discontinuation of, or, unfair treatment in, the opportunity to stand for, or, hold public or private office; (i) the denial of access to, removal from, or unfair treatment in, Government or private establishment in whose care or custody a person may be; (j) the denial of, or unfair treatment in, the provision of insurance unless supported by actuarial studies; (k) the isolation or segregation of a protected person; (l) HIV testing as a pre-requisite for obtaining employment, or accessing healthcare services or education or, for the continuation of the same or, for accessing or using any other service or facility: Provided that, in case of failure to furnish the written assessment under sub-clause (i) of clause (a), it shall be presumed that there is no significant-risk and that the person is fit to perform the duties of the job, as the case may be, and in case of the failure to furnish the written statement under sub-clause (ii) of that clause, it shall be presumed that there is no such undue administrative or financial hardship. **4. Prohibition of certain acts.—No person shall, by words, either spoken or written, publish,** propagate, advocate or communicate by signs or by visible representation or otherwise the feelings of hatred against any protected persons or group of protected person in general or specifically or disseminate, broadcast or display any information, advertisement or notice, which may reasonably be construed to demonstrate an intention to propagate hatred or which is likely to expose protected persons to hatred, discrimination or physical violence. 7 ----- CHAPTER III INFORMED CONSENT **5. Informed consent for undertaking HIV test or treatment.—(1) Subject to the provisions of this** Act,— (a) no HIV test shall be undertaken or performed upon any person; or (b) no protected person shall be subject to medical treatment, medical interventions or research, except with the informed consent of such person or his representative and in such manner, as may be specified in the guidelines. (2) The informed consent for HIV test shall include pre-test and post-test counselling to the person being tested or such person’s representative in the manner as may be specified in the guidelines. **6. Informed consent not required for conducting HIV tests in certain cases.—The informed** consent for conducting an HIV test shall not be required— (a) where a court determines, by an order that the carrying out of the HIV test of any person either as part of a medical examination or otherwise, is necessary for the determination of issues in the matter before it; (b) for procuring, processing, distribution or use of a human body or any part thereof including tissues, blood, semen or other body fluids for use in medical research or therapy: Provided that where the test results are requested by a donor prior to donation, the donor shall be referred to counselling and testing centre and such donor shall not be entitled to the results of the test unless he has received post-test counselling from such centre; (c) for epidemiological or surveillance purposes where the HIV test is anonymous and is not for the purpose of determining the HIV status of a person: Provided that persons who are subjects of such epidemiological or surveillance studies shall be informed of the purposes of such studies; and (d) for screening purposes in any licensed blood bank. **7. Guidelines for testing centres, etc.—No HIV test shall be conducted or performed by any testing** or diagnostic centre or pathology laboratory or blood bank, unless such centre or laboratory or blood bank follows the guidelines laid down for such test. CHAPTER IV DISCLOSURE OF HIV STATUS **8. Disclosure of HIV status.—(1) Notwithstanding anything contained in any other law for the time** being in force,— (i) no person shall be compelled to disclose his HIV status except by an order of the court that the disclosure of such information is necessary in the interest of justice for the determination of issues in the matter before it; (ii) no person shall disclose or be compelled to disclose the HIV status or any other private information of other person imparted in confidence or in a relationship of a fiduciary nature, except with the informed consent of that other person or a representative of such another person obtained in the manner as specified in section 5, as the case may be, and the fact of such consent has been recorded in writing by the person making such disclosure: Provided that, in case of a relationship of a fiduciary nature, informed consent shall be recorded in writing. 8 ----- (2) The informed consent for disclosure of HIV-related information under clause (ii) of sub-section (1) is not required where the disclosure is made— (a) by a healthcare provider to another healthcare provider who is involved in the care, treatment or counselling of such person, when such disclosure is necessary to provide care or treatment to that person; (b) by an order of a court that the disclosure of such information is necessary in the interest of justice for the determination of issues and in the matter before it; (c) in suits or legal proceedings between persons, where the disclosure of such information is necessary in filing suits or legal proceedings or for instructing their counsel; (d) as required under the provisions of section 9; (e) if it relates to statistical or other information of a person that could not reasonably be expected to lead to the identification of that person; and (f) to the officers of the Central Government or the State Government or State AIDS Control Society of the concerned State Government, as the case may be, for the purposes of monitoring, evaluation or supervision. **9. Disclosure of HIV-positive status to partner of HIV-positive person.—(1) No healthcare** provider, except a physician or a counsellor, shall disclose the HIV-positive status of a person to his or her partner. (2) A healthcare provider, who is a physician or counsellor, may disclose the HIV-positive status of a person under his direct care to his or her partner, if such healthcare provider— (a) reasonably believes that the partner is at the significant risk of transmission of HIV from such person; and (b) such HIV-positive person has been counselled to inform such partner; and (c) is satisfied that the HIV-positive person will not inform such partner; and (d) has informed the HIV-positive person of the intention to disclose the HIV positive status to such partner: Provided that disclosure under this sub-section to the partner shall be made in person after counselling: Provided further that such healthcare provider shall have no obligation to identify or locate the partner of an HIV-positive person: Provided also that such healthcare provider shall not inform the partner of a woman where there is a reasonable apprehension that such information may result in violence, abandonment or actions which may have a severe negative effect on the physical or mental health or safety of such woman, her children, her relatives or someone who is close to her. (3) The healthcare provider under sub-section (1) shall not be liable for any criminal or civil action for any disclosure or non-disclosure of confidential HIV-related information made to a partner under this section. **10. Duty to prevent transmission of HIV.—Every person, who is HIV-positive and has been** counselled in accordance with the guidelines issued or is aware of the nature of HIV and its transmission, shall take all reasonable precautions to prevent the transmission of HIV to other persons which may include adopting strategies for the reduction of risk or informing in advance his HIV status before any sexual contact with any person or with whom needles are shared with: Provided that the provisions of this section shall not be applicable to prevent transmission through a sexual contact in the case of a woman, where there is a reasonable apprehension that such information may result in violence, abandonment or actions which may have a severe negative effect on the physical or mental health or safety of such woman, her children, her relatives or someone who is close to her. 9 ----- CHAPTER V OBLIGATION OF ESTABLISHMENTS **11. Confidentiality of data.—Every establishment keeping the records of HIV-related information of** protected persons shall adopt data protection measures in accordance with the guidelines to ensure that such information is protected from disclosure. _Explanation.— For the purpose of this section, data protection measures shall include procedures for_ protecting information from disclosure, procedures for accessing information, provision for security systems to protect the information stored in any form and mechanisms to ensure accountability and liability of persons in the establishment. **12. HIV and AIDS policy for establishments.—The Central Government shall notify model HIV** and AIDS policy for establishments, in such manner, as may be prescribed. CHAPTER VI ANTI-RETROVIRAL THERAPY AND OPPORTUNISTIC INFECTION MANAGEMENT FOR PEOPLE LIVING WITH HIV **13. Central Government and State Government to take measures.—The Central Government and** every State Government, as the case may be, shall take all such measures as it deems necessary and expedient for the prevention of spread of HIV or AIDS, in accordance with the guidelines. **14. Antiretroviral Therapy and Opportunistic Infection Management by Central Government** **and State Government.—(1) The measures to be taken by the Central Government or the State** Government under section 13 shall include the measures for providing, as far as possible, diagnostic facilities relating to HIV or AIDS, Anti-retroviral Therapy and Opportunistic Infection Management to people living with HIV or AIDS. (2) The Central Government shall issue necessary guidelines in respect of protocols for HIV and AIDS relating to diagnostic facilities, Anti-retroviral Therapy and Opportunistic Infection Management which shall be applicable to all persons and shall ensure their wide dissemination. CHAPTER VII WELFARE MEASURES BY THE CENTRAL GOVERNMENT AND STATE GOVERNMENT **15. Welfare measures by Central Government and State Government.—(1) The Central** Government and every State Government shall take measures to facilitate better access to welfare schemes to persons infected or affected by HIV or AIDS. (2) Without prejudice to the provisions of sub-section (1), the Central Government and State Governments shall frame schemes to address the needs of all protected persons. **16. Protection of property of children affected by HIV or AIDS.—(1) The Central Government or** the State Government, as the case may be, shall take appropriate steps to protect the property of children affected by HIV or AIDS for the protection of property of child affected by HIV or AIDS. (2) The parents or guardians of children affected by HIV and AIDS, or any person acting for protecting their interest, or a child affected by HIV and AIDS may approach the Child Welfare Committee for the safe keeping and deposit of documents related to the property rights of such child or to make complaints relating to such child being dispossessed or actual dispossession or trespass into such child’s house. _Explanation.—For the purpose of this section, “Child Welfare Committee” means a Committee_ set-up under section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000). **17. Promotion of HIV and AIDS related information, education and communication** **programmes.—The Central Government and the State Government shall formulate HIV and AIDS** related information, education and communication programmes which are age-appropriate, gender-sensitive, non-stigmatising and non-discriminatory. 10 ----- **18. Women and children infected with HIV or AIDS.—(1) The Central Government shall lay** down guidelines for care, support and treatment of children infected with HIV or AIDS. (2) Without prejudice to the generality of the provisions of sub-section (1) and notwithstanding anything contained in any other law for the time being in force, the Central Government, or the State Government as the case may be, shall take measures to counsel and provide information regarding the outcome of pregnancy and HIV-related treatment to the HIV infected women. (3) No HIV positive woman, who is pregnant, shall be subjected to sterilisation or abortion without obtaining her informed consent. CHAPTER VIII SAFE WORKING ENVIRONMENT **19. Obligation of establishments to provide safe working environment.—Every establishment,** engaged in the healthcare services and every such other establishment where there is a significant risk of occupational exposure to HIV, shall, for the purpose of ensuring safe working environment,— (i) provide, in accordance with the guidelines,— (a) Universal Precautions to all persons working in such establishment who may be occupationally exposed to HIV; and (b) training for the use of such Universal Precautions; (c) Post Exposure Prophylaxis to all persons working in such establishment who may be occupationally exposed to HIV or AIDS; and (ii) inform and educate all persons working in the establishment of the availability of Universal Precautions and Post Exposure Prophylaxis. **20. General responsibility of establishments.—(1) The provisions of this Chapter shall be** applicable to all establishments consisting of one hundred or more persons, whether as an employee or officer or member or director or trustee or manager, as the case may be: Provided that in the case of healthcare establishments, the provisions of this sub-section shall have the effect as if for the words “one hundred or more”, the words “twenty or more” had been substituted. (2) Every person, who is in charge of an establishment, referred to in sub-section (1), for the conduct of the activities of such establishment, shall ensure compliance of the provisions of this Act. **21. Grievance redressal mechanism.—Every establishment referred to in sub-section (1) of** section 20 shall designate such person, as it deems fit, as the Complaints Officer who shall dispose of complaints of violations of the provisions of this Act in the establishment, in such manner and within such time as may be prescribed. CHAPTER IX PROMOTION OF STRATEGIES FOR REDUCTION OF RISK **22. Strategies for reduction of risk.—Notwithstanding anything contained in any other law for the** time being in force any strategy or mechanism or technique adopted or implemented for reducing the risk of HIV transmission, or any act pursuant thereto, as carried out by persons, establishments or organisations in the manner as may be specified in the guidelines issued by the Central Government shall not be restricted or prohibited in any manner, and shall not amount to a criminal offence or attract civil liability. _Explanation.—For the purpose of this section, strategies for reducing risk of HIV transmission means_ promoting actions or practices that minimise a person’s risk of exposure to HIV or mitigate the adverse impacts related to HIV or AIDS including— (i) the provisions of information, education and counselling services relating to prevention of HIV and safe practices; (ii) the provisions and use of safer sex tools, including condoms; 11 ----- (iii) drug substitution and drug maintenance; and (iv) provision of comprehensive injection safety requirements. _Illustrations_ (a) A supplies condoms to B who is a sex worker or to C, who is a client of B. Neither A nor B nor C can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using the strategy. (b) M carries on an intervention project on HIV or AIDS and sexual health information, education and counselling for men, who have sex with men, provides safer sex information, material and condoms to N, who has sex with other men. Neither M nor N can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using the intervention. (c) X, who undertakes an intervention providing registered needle exchange programme services to injecting drug users, supplies a clean needle to Y, an injecting drug user who exchanges the same for a used needle. Neither X nor Y can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using the intervention. (d) D, who carries on an intervention programme providing Opioid Substitution Treatment (OST), administers OST to E, an injecting drug user. Neither D nor E can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using the intervention. CHAPTER X APPOINTMENT OF OMBUDSMAN **23. Appointment of Ombudsman.—(1) Every State Government shall appoint one or more** Ombudsman,— (a) possessing such qualification and experience as may be prescribed, or (b) designate any of its officers not below such rank, as may be prescribed, by that Government, to exercise such powers and discharge such functions, as may be conferred on Ombudsman under this Act. (2) The terms and condition of the service of an Ombudsman appointed under clause (a) of sub-section (1) shall be such as may be prescribed by the State Government. (3) The Ombudsman appointed under sub-section (1) shall have such jurisdiction in respect of such area or areas as the State Government may, by notification, specify. **24. Powers of Ombudsman.—(1) The Ombudsman shall, upon a complaint made by any person,** inquire into the violations of the provisions of this Act, in relation to acts of discrimination mentioned in section 3 and providing of healthcare services by any person, in such manner as may be prescribed by the State Government. (2) The Ombudsman may require any person to furnish information on such points or matters, as he considers necessary, for inquiring into the matter and any person so required shall be deemed to be legally bound to furnish such information and failure to do so shall be punishable under sections 176 and 177 of the Indian Penal Code (45 of 1860). (3) The Ombudsman shall maintain records in such manner as may be prescribed by the State Government. **25. Procedure of complaint.—The complaints may be made to the Ombudsman under** sub-section (1) of section 24 in such manner, as may be prescribed, by the State Government. **26. Orders of Ombudsman.—The Ombudsman shall, within a period of thirty days of the receipt of** the complaint under sub-section (1) of section 24, and after giving an opportunity of being heard to the parties, pass such order, as he deems fit, giving reasons therefor: 12 ----- Provided that in cases of medical emergency of HIV positive persons, the Ombudsman shall pass such order as soon as possible, preferably within twenty-four hours of the receipt of the complaint. **27. Authorities to assist Ombudsman.—All authorities including the civil authorities functioning in** the area for which the Ombudsman has been appointed under section 23 shall assist in execution of orders passed by the Ombudsman. **28. Report to State Government.—The Ombudsman shall, after every six months, report to the** State Government, the number and nature of complaints received, the action taken and orders passed in relation to such complaints and such report shall be published on the website of the Ombudsman and a copy thereof be forwarded to the Central Government. CHAPTER XI SPECIAL PROVISIONS **29. Right of residence.—Every protected person shall have the right to reside in the shared** household, the right not to be excluded from the shared household or any part of it and the right to enjoy and use the facilities of such shared household in a non-discriminatory manner. _Explanation.—For the purposes of this section, the expression “shared household” means a household_ where a person lives or at any stage has lived in a domestic relationship either singly or along with another person and includes such a household, whether owned or tenanted, either jointly or singly, any such household in respect of which either person or both, jointly or singly, have any right, title, interest or equity or a household which may belong to a joint family of which either person is a member, irrespective of whether either person has any right, title or interest in the shared household. **30. HIV-related information, education and communication before marriage.—The Central** Government shall specify guidelines for the provision of HIV-related information, education and communication before marriage and ensure their wide dissemination. **31. Persons in care or custody of State.—(1) Every person who is in the care or custody of the State** shall have the right to HIV prevention, counselling, testing and treatment services in accordance with the guidelines issued in this regard. (2) For the purposes of this section, persons in the care or custody of the State include persons convicted of a crime and serving a sentence, persons awaiting trial, person detained under preventive detention laws, persons under the care or custody of the State under the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000), the Immoral Traffic (Prevention) Act, 1956 (104 of 1956) or any other law and persons in the care or custody of State run homes and shelters. **32. Recognition of guardianship of older sibling.—Notwithstanding anything contained in any law** for the time being in force, a person below the age of eighteen but not below twelve years, who has sufficient maturity of understanding and who is managing the affairs of his family affected by HIV and AIDS, shall be competent to act as guardian of other sibling below the age of eighteen years for the following purposes, namely:— (a) admission to educational establishments; (b) care and protection; (c) treatment; (d) operating bank accounts; (e) managing property; and (f) any other purpose that may be required to discharge his duties as a guardian. _Explanation.—For the purposes of this section, a family affected by HIV or AIDS means where both_ parents and the legal guardian is incapacitated due to HIV-related illness or AIDS or the legal guardian and parents are unable to discharge their duties in relation to such children. **33. Living wills for guardianship and testamentary guardianship.—(1) Notwithstanding anything** contained in any law for the time being in force, a parent or legal guardian of a child affected by HIV and 13 ----- AIDS may appoint, by making a will, an adult person who is a relative or friend, or a person below the age of eighteen years who is the managing member of the family affected by HIV and AIDS, as referred to in section 33, to act as legal guardian immediately upon incapacity or death of such parent or legal guardian, as the case may be. (2) Nothing in this section shall divest a parent or legal guardian of their rights, and the guardianship referred to in sub-section (1) shall cease to operate upon by the parent or legal guardian regaining their capacity. (3) Any parent or legal guardian of children affected by HIV and AIDS may make a will appointing a guardian for care and protection of such children and for the property that such children would inherit or which is bequeathed through the will made by such parent or legal guardian. CHAPTER XII SPECIAL PROCEDURE IN COURT **34. Suppression of identity.—(1) In any legal proceeding in which a protected person is a party or** such person is an applicant, the court, on an application by such person or any other person on his behalf may pass, in the interest of justice, any or all of the following orders, namely:— (a) that the proceeding or any part thereof be conducted by suppressing the identity of the applicant by substituting the name of such person with a pseudonym in the records of the proceedings in such manner as may be prescribed; (b) that the proceeding or any part thereof may be conducted in camera; (c) restraining any person from publishing in any manner any matter leading to the disclosure of the name or status or identity of the applicant. (2) In any legal proceeding concerning or relating to an HIV-positive person, the court shall take up and dispose of the proceeding on priority basis. **35. Maintenance applications.—In any maintenance application filed by or on behalf of a protected** person under any law for the time being in force, the court shall consider the application for interim maintenance and, in passing any order of maintenance, shall take into account the medical expenses and other HIV-related costs that may be incurred by the applicant. **36. Sentencing.—In passing any order relating to sentencing, the HIV-positive status of the persons** in respect of whom such an order is passed shall be a relevant factor to be considered by the court to determine the custodial place where such person shall be transferred to, based on the availability of proper healthcare services at such place. CHAPTER XIII PENALTIES **37. Penalty for contravention.—Notwithstanding any action that may be taken under any other law** for the time being in force, whoever contravenes the provisions of section 4 shall be punished with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine which may extend to one lakh rupees, or with both. **38. Penalty for failure to comply with orders of Ombudsman.—Whoever fails to comply with any** order given by an Ombudsman within such time as may be specified in such order, under section 26, shall be liable to pay a fine which may extend to ten thousand rupees and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues. **39. Penalty for breach of confidentiality in legal proceedings.—Notwithstanding any action that** may be taken under any law for the time being in force, whoever discloses information regarding the HIV status of a protected person which is obtained by him in the course of, or in relation to, any proceedings before any court, shall be punishable with fine which may extend to one lakh rupees unless such disclosure is pursuant to any order or direction of a court. 14 ----- **40. Prohibition of victimisation.—No person shall subject any other person or persons to any** detriment on the ground that such person or persons have taken any of the following actions, namely:— (a) made complaint under this Act; (b) brought proceedings under this Act against any person; (c) furnished any information or produced any document to a person exercising or performing any power or function under this Act; or (d) appeared as a witness in a proceeding under this Act. **41. Court to try offences.—No court other than the court of a Judicial Magistrate First Class shall** take cognizance of an offence under this Act. **42. Offences to be cognizable and bailable.—Notwithstanding anything contained in the Code of** Criminal Procedure, 1973 (2 of 1974), offences under this Act shall be cognizable and bailable. CHAPTER XIV MISCELLANEOUS **43. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in any other law for the time in force or in any instrument having effect by virtue of any law other than this Act. **44. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government, the State Government, the Central Government or AIDS Control Society of the State Government Ombudsman or any member thereof or any officer or other employee or person acting under the direction either of the Central Government, the State Government, the Central Government, or Ombudsman in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules or guidelines made thereunder or in respect of the publication by or under the authority of the Central Government, the State Government, the Central Government or AIDS Control Society of the State Government Ombudsman. **45. Delegation of powers.—The Central Government and State Government, as the case may be,** may, by general or special order, direct that any power exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be mentioned in the order, be exercisable also by an officer subordinate to that Government or the local authority. **46. Guidelines.—(1) The Central Government may, by notification, make guidelines consistent with** this Act and any rules thereunder, generally to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such guidelines may provide for all or any of the following matters, namely:— (a) information relating to risk and benefits or alternatives to the proposed intervention under clause (n) of section 2; (b) the manner of obtaining the informed consent under sub-section (1) and the manner of pre test and post test counselling under sub-section (2) of section 5; (c) guidelines to be followed by a testing or diagnostic centre or pathology laboratory or blood bank for HIV test under section 7; (d) the manner of taking data protection measures under section 11; (e) guidelines in respect of protocols for HIV/AIDS relating to Anti-retroviral Therapy and Opportunistic Infections Management under sub-section (2) of section 14; (f) care, support and treatment of children infected with HIV or AIDS under sub-section (1) of section 18; (g) guidelines for Universal Precautions and post exposure prophylaxis under section 19; (h) manner of carrying out the strategy or mechanism or technique for reduction of risk of HIV transmission under section 22; 15 ----- (i) manner of implementation of a drugs substitution, drug maintenance and needle and syringe exchange programme under section 22; (j) provision of HIV-related information, education and communication before marriage under section 30; (k) manner of HIV or AIDS prevention, counselling, testing and treatment of persons in custody under section 31; (l) any other matter which ought to be specified in guidelines for the purposes of this Act. **47. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely:— (a) manner of notifying model HIV or AIDS policy for the establishments under section 12; (b) any other matter which may be or ought to be prescribed by the Central Government. **48. Laying of rules before both Houses of Parliament.—Every rule made under this Act shall be** laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **49. Power of State Government to make rules and laying thereof.—(1) The State Government** may, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) measures to provide diagnostic facilities relating to HIV or AIDS, Antiretroviral Therapy and Opportunistic Infection Management to people living with HIV or AIDS and for the prevention of spread of HIV or AIDS in accordance with the guidelines under section 14; (b) qualification and experience for the appointment of a person as an Ombudsman under clause (a) or rank of officer of the State Government to be designated as Ombudsman under clause (b) of sub-section (1) of section 23; (c) terms and conditions of services of Ombudsman under sub-section (2) of section 23; (d) manner of inquiring into complaints by the Ombudsman under sub-section (1) and maintaining of records by him under sub-section (3) of section 24; (e) manner of making the complaints to the Ombudsman under section 25; and (f) manner of recording pseudonym in legal proceedings under clause (a) of sub-section (1) of section 34. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be, after it is made before the Legislature of that State. **50. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 16 -----

4-Aug-2017

20

The Footwear Design and Development Institute Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2255/1/a2017-20.pdf

central

# THE FOOTWEAR DESIGN AND DEVELOPMENT INSTITUTE ACT, 2017 __________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration of Footwear Design and Development Institute as an institution of national importance. 3. Definitions. CHAPTER II THE INSTITUTE 4. Establishment of Institute. 5. Vesting of properties. 6. Effect of incorporation of Institute. 7. Functions of Institute. 8. Power of Governing Council. 9. Institute be open to all races, creeds and classes. 10. Teaching at Institute. 11. Visitor. 12. Authorities of Institute. 13. The Senate. 14. Functions of Senate. 15. Functions, powers and duties of Chairperson. 16. Managing Director. 17. Secretary. 18. Executive Director. 19. Power and duties of other authorities and officers. 20. Grants by Central Government. 21. Funds of Institute. 22. Setting up of endowment fund. 23. Accounts and audit. 24. Pension and provident fund. 25. Appointment. 26. Statutes. 27. Statutes how made. 28. Ordinances. 29. Ordinance how made. 30. Tribunal of Arbitration. CHAPTER III MISCELLANEOUS 31. Act and proceedings not to be invalidated by vacancies. 32. Sponsored schemes. 33. Power of Institute to grant degree, etc. 34. Institute to be public authority under the Right to Information Act, 2005. 35. Power of Central Government to make rules. 36. Returns and information to be provided to Central Government. 37. Transitional provisions. 38. Statute and Ordinance to be published in the Official Gazette and to be laid before Parliament. 39. Power to remove difficulties. THE SCHEDULE 1 ----- # THE FOOTWEAR DESIGN AND DEVELOPMENT INSTITUTE ACT, 2017 ACT NO. 20 OF 2017 [4th August, 2017.] # An Act to establish and declare the Footwear Design and Development Institute as an institution of national importance for the promotion and development of quality and excellence in education, research and training in all disciplines relating to footwear and leather products design and development and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Footwear Design and** Development Institute Act, 2017. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference to the commencement in any such provision of this Act shall be construed as a reference to the commencement of that provision. **2. Declaration of Footwear Design and Development Institute as an institution of national** **importance.—Whereas the objects of the institution known as the Footwear Design and Development** Institute, are such as to make it the institution of national importance, it is hereby declared that the Footwear Design and Development Institute is an institution of national importance. **3. Definition.—In this Act, unless the context otherwise requires,—** (a) “Chairperson” means the Chairperson of the Institute nominated under clause (a) of sub-section (3) of section 4; (b) “design” means a rational, logical and sequential innovation process for the purposes of transferring culture to viable products and services in footwear and leather products, including fashion and retail thereof and for providing a competitive edge to products and services; (c) “development” means the systematic use of scientific and technical knowledge to meet specific objective or requirements and includes an extension of the theoretical or practical aspects of concepts, design, discovery and invention including business thereof; (d) “Executive Director” means the Executive Director of the Institute campus appointed under section 18; (e) “Fund” means the Fund of the institute to be maintained under section 21; (f) “Governing Council” means the Governing Council of the Institute constituted under sub-section (3) of section 4; (g) “Institute” means the Footwear Design and Development Institute established under sub-section (1) of section 4; (h) “Institute campus” means an Institute campus specified in the Schedule; (i) “leather products” includes a product made of leather or any other material or combination thereof; (j) “Managing Director” means the Managing Director of the Institute appointed under section 16; (k) “Member” means a Member of the Governing Council and includes the Chairperson; (l) “notification” means a notification published in the Official Gazette; (m) “prescribed” means prescribed by rules made under this Act; (n) “Schedule” means the Schedule appended to this Act; 1. 16th October, 2017 _vide notification No. S.O. 3248(E) dated the 5th October, 2017,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 2 ----- (o) “Secretary” means the Secretary of the Institute appointed under section 17; (p) “Senate” means the Senate of the Institute referred to in section 13; (q) “Society” means the Footwear Design and Development Institute registered under the Societies Registration Act, 1860 (21 of 1860); (r) “Statutes” and “Ordinances” mean respectively the Statutes and the Ordinances of the Institute made under this Act. CHAPTER II THE INSTITUTE **4. Establishment of Institute.—(1) On and from the date of commencement of this Act, the Footwear** Design and Development Institute shall be established as a body corporate by the name aforesaid. (2) The Institute shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued. (3) The Institute shall consist of a Governing Council having the following Members, namely:— (a) a Chairperson, who shall be an eminent academician, scientist, or industrialist from leather sector, to be nominated by the Central Government; (b) the Managing Director, ex officio; (c) the Joint Secretary in the Ministry or Department in the Government of India dealing with Footwear Design and Development Institute, ex officio; (d) the Joint Secretary in the Ministry or Department in the Government of India dealing with the leather, retail or fashion sector, ex officio; (e) the Director Finance of the Ministry or the Department in the Government of India dealing with Footwear Design and Development Institute, ex officio; (f) a representative of Ministry or Department in the Government of India dealing with skill development and entrepreneurship, ex officio; (g) four professionals or industrialists to represent the Council for Leather Exports, the Indian Leather Garments Association, the Indian Footwear Components Manufacturers Association, and the Confederation of Indian Industry National Committee on Leather, Footwear and Leather Products, to be nominated by the Central Government; and (h) one person each from the National Institute of Fashion Technology, National Institute of Design, the Central Leather Research Institute, the Indian Institute of Technology and the Indian Institute of Management, to be nominated by the Central Government. (4) The term of office of the Chairperson and other Members, other than ex officio Members thereof, shall be three years and they shall be entitled for such allowances as may be determined by the Central Government. (5) The term of office of the Members nominated to fill a casual vacancy shall continue for the remainder of the term of the Member in whose place he has been nominated. (6) The Governing Council shall meet at least two times in a year at such place and time and observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by the Governing Council. (7) Save as otherwise provided in this section, the term of office of an _ex officio_ member shall continue as long as he holds the office by virtue of which he is a member. **5. Vesting of properties.—On and from the date of commencement of this Act, subject to the other** provisions of this Act, all properties which had vested in the Society, immediately before the commencement of this Act, shall on and from such commencement, vest in the Institute. 3 ----- **6. Effect of incorporation of Institute. —On and from the date of commencement of this Act,—** (a) any reference to the Society in any contract or other instrument shall be deemed as a reference to the Institute; (b) all the rights and liabilities of the Society shall be transferred to, and be the rights and liabilities of, the Institute; (c) every person employed by the Society, immediately before the appointed day, shall hold office or service in the Institute by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same, if this Act had not been passed, and shall continue to be so, unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the Institute of compensation equivalent to three months’ remuneration in the case of permanent employee and one month’s remuneration in the case of other employee; (d) every person pursuing, before the date of commencement of this Act, any academic or research course in existing Institute campus, shall be deemed to have migrated and registered with the corresponding Institute campus on such commencement at the same level of study in the Institute campus from which such person migrated; and (e) all suits and other legal proceedings instituted or which could have been instituted by or against the Society, immediately before the commencement of this Act shall be continued or instituted by or against the Institute. **7. Functions of Institute.—The functions of the Institute shall be—** (i) to nurture and promote quality and excellence in education and research in the areas of footwear and leather products design and development and allied fields thereof; (ii) develop and conduct courses leading to graduate and post-graduate degrees, doctoral and post-doctoral courses and research in the areas of footwear and leather products design and development and allied fields thereof; (iii) to hold examinations and grant degrees, diplomas, certificates, or any other qualification; (iv) to institute fellowships, scholarships and confer awards, honorary degrees or other academic distinctions or titles; (v) to co-operate, associate and collaborate with educational or other institutions, research organisations or bodies corporate in any part of the world having objects wholly or partly similar to those of the Institute by exchange of faculty members, students, staff and scholars and generally in such manner as may be conducive to their common objective; (vi) to conduct courses for teachers, technologists and other professionals in the areas of footwear and leather products design and development and allied fields thereof; (vii) to undertake research, survey, and studies and application thereof, for improved quality and design, testing, and international marketing; (viii) to provide consultancy, testing, inspection, certification, project implementation and design support to the institutions and industries in any part of the world; (ix) to develop an international centre for creation and transmission of information, with focus on educational, professional and industrial commitments; (x) to conduct skill development programs and to provide technical assistance to artisans, craftsmen, manufacturers, designers and exporters; (xi) to design, develop, amend, update curriculums of the academic programs and training materials as per the sector’s requirement and change of technology; 4 ----- (xii) to acquire any patent or license relating to such invention, improvement or design or standardisation marks whether for general or specific purposes; (xiii) to establish, form and maintain museums, libraries and collections of literature and films, slides, photographs, prototypes and other information; (xiv) to function as a National resource centre for curriculum development, training the trainers and support skill development in the leather sector overall; (xv) to frame the Statutes and the Ordinances and to alter, modify or rescind the same; and (xvi) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute. **8. Powers of Governing Council.—(1) Subject to the provisions of this Act, the Governing Council,** under overall control of the Central Government, shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall exercise all the powers not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate. (2) Without prejudice to the provisions of sub-section (1), the Governing Council shall— (a) take decisions on questions of policy relating to the administration and working of the Institute; (b) institute academic and other posts and to make appointments thereto (except in the case of the Managing Director, Secretary and Executive Director); (c) frame the Statutes and the Ordinances and to alter, modify or rescind the same; (d) consider and pass resolutions on the annual report, the annual audited accounts and the budget estimates of the Institute for the next financial year as it thinks fit together with a statement of its development plans; (e) receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from the testators, donors or transferors, as the case may be; and (f) do all such things as may be necessary, incidental or conducive to the attainment of all or any of the aforesaid powers. (3) The Governing Council shall have the power to appoint such committees, as it considers necessary for the exercise of its powers and the performance of its duties under this Act. (4) Notwithstanding anything contained in sub-section (2) of section 4, the Governing Council shall not dispose of in any manner any immovable property without the prior approval of the Central Government. (5) The Central Government may appoint one or more persons to review the work and progress of the Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Central Government may direct. (6) Upon receipt of any such report, the Central Government may take such action and issue such directions as it considers necessary in respect of any of the matters dealt within the report and the Institute shall be bound to comply with such directions. (7) The Central Government shall have the power to remove Chairperson or other Members or reconstitute the Governing Council, if it considers it appropriate to do so. (8) No Chairperson or Member shall be removed under sub-section (7) unless he has been given a reasonable opportunity of being heard in the matter. **9. Institute be open to all races, creeds and classes.—(1) The Institute shall be open to persons of all** sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever. 5 ----- (2) No bequest, donation or transfer of any property shall be accepted by the Institute, which in the opinion of the Governing Council involves conditions or obligations opposed to the spirit and object of this section. **10. Teaching at Institute.—All teaching at the campuses of the Institute shall be conducted by or in** the name of the Institute in accordance with the Statutes and the Ordinances made in this behalf. **11. Visitor.—The President of India shall be the Visitor of the Institute.** **12. Authorities of Institute.—The following shall be the authorities of the Institute, namely:—** (a) a Governing council; (b) a Senate; and (c) such other authorities as may be declared by the Statutes to be the authorities of the Institute. **13. The Senate.—The Senate of the Institute shall consist of the following persons, namely:—** (a) the Managing Director, ex officio who shall be the Chairperson of the Senate; (b) the Secretary, ex officio; (c) the Executive Directors of all Institute campus, ex officio; (d) all Senior Professors of the Institute; (e) three persons, not being employees of the Institute, to be nominated by the Chairperson in consultation with the Managing Director, from amongst educationists of repute, from the fields of footwear, science, engineering and humanities and one of them shall be woman; (f) one alumnus of the Institute to be nominated by the Chairperson in consultation with the Managing Director by rotation; and (g) such other members of the staff as may be laid down in the Statutes. **14. Functions of Senate.—(1) Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate of** the Institute shall be the principal academic body of the Institute and shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examinations in the Institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. (2) Without prejudice to the provisions of sub-section (1), the Senate shall have the following powers, namely:— (a) to specify the criteria and process for admission to courses or programmes of study by the Institute; (b) to recommend to the Governing Council for creation of teaching and other academic posts, determination of number and emoluments of such posts and defining the duties and conditions of service of teachers and other academic posts; (c) to recommend to the Governing Council for commencement of new programmes and course of study; (d) to specify academic contents of programmes and course of study and to undertake modifications therein; (e) to specify the academic calendar and approve grant of degrees, diplomas and other academic distinctions or titles; and (f) to exercise such other powers and discharge such other functions as may be assigned to it, by Statutes or by the Governing Council. **15. Functions, powers and duties of Chairperson.—(1) The Chairperson shall ordinarily preside at** the meetings of the Governing Council and at the Convocations of the Institute. (2) The Chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes. (3) The Chairperson shall have the authority to review periodically the work and progress of the Institute and to order enquiries into the affairs of the Institute. 6 ----- **16. Managing Director.—(1) The Managing Director of the Institute shall be appointed by the** Central Government for a tenure of five years and on such terms and conditions of services as may be prescribed. (2) The Managing Director shall be the principal executive officer of the Institute and shall be responsible for the proper administration of the Institute and for imparting of instruction and maintenance of discipline therein. (3) The Managing Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act, the Statutes and the Ordinances or delegated by the Governing Council or the Senate. (4) The Managing Director shall submit annual reports and accounts to the Governing Council. (5) The Central Government shall have the power to remove the Managing Director before the tenure of five years, if it considers it appropriate to do so on the grounds of misconduct or incapacity after giving him an opportunity of being heard in the matter. (6) The Managing Director shall be responsible for the implementation of the decision of the Governing Council and the Senate. **17. Secretary.—(1) The Secretary of the Institute shall be appointed by the Central Government for a** tenure of five years and on such terms and conditions of service as may be prescribed. (2) The Secretary shall act as the Secretary of the Governing Council, the Senate and such committees as may be specified by the Statutes. (3) The Secretary shall be responsible to the Managing Director for the proper discharge of his functions. (4) The Secretary shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or the Managing Director. **18. Executive Director.—(1) The Executive Director of each Institute campus shall be appointed by** the Central Government for a tenure of five years and on such terms and conditions as may be prescribed and shall exercise such powers and perform such duties as may be assigned to him by this Act or the Statutes or by the Managing Director. (2) The Executive Director shall be the principal academic and executive officer of the Institute campus and shall be responsible for the implementation of the decision of the Governing Council and the Senate and the day-to-day administration of the Institute campus in consultation with the Managing Director. **19. Power and duties of other authorities and officers.—The powers and duties of authorities and** officers, other than those hereinbefore mentioned, shall be determined by the Statutes. **20. Grants by Central Government.—For the purpose of enabling the Institute to discharge its** functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Institute in each financial year such sums of money and in such manner as it may think fit. **21. Funds of Institute.—(1) The Institute shall maintain a Fund to which shall be credited—** (a) all moneys provided by the Central Government; _(b) all fees and other charges received by the Institute;_ (c) all moneys received by the Institute by way of loans, grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the Institute in any other manner or from any other source. (2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Governing Council decide. (3) The Fund shall be applied towards meeting the expenses of the Institute, including expenses incurred in the exercise of its powers and discharge of its duties under this Act. 7 ----- **22. Setting up of endowment fund.—Notwithstanding anything contained in section 21, the Central** Government may direct the Institute to— (a) set-up an endowment fund and any other fund for specified purpose; and (b) transfer money from its Fund to endowment fund or any other fund. **23. Accounts and audit.—(1) The Institute shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts, including the balance sheet, in such form as may be specified, in accordance with such general directions as may be issued by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India, generally has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Institute. (4) The accounts of the Institute as certified by the Comptroller and Auditor-General of India any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **24. Pension and provident fund.—(1) The Institute shall constitute, for the benefit of its employees,** including the Managing Director in such manner and subject to such conditions as may be specified by the Statutes, such pension, insurance and provident funds as it may consider necessary. (2) Where any such provident fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government Provident Fund. **25. Appointment.—All appointments of the staff of the Institute, except that of the Managing Director,** Secretary and Executive Director shall be made in accordance with the procedure laid down in the Statutes by— (a) the Governing Council, if the appointment is made on the academic staff in the post of Assistant Professor or above or if the appointment is made on the non-academic staff in any cadre, the maximum of the pay scale for which is the same or higher than that of Assistant Professor; and (b) the Managing Director, in any other case. **26. Statutes.—** Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:— (a) the formation of departments of teaching, centre of research, establishment of workshops, laboratories, studios; (b) the institution of fellowships, scholarships, exhibitions, medals and prizes; (c) the classification, term of office, qualification, the method of appointment and the determination of the terms and conditions of service of officers, teachers and other staff of the Institute; (d) the reservation of posts for the Scheduled Castes, the Scheduled Tribes and other backward categories of person as may be determined by the Central Government; (e) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute; (f) the constitution, powers and duties of the authorities of the Institute; (g) the manner of filling up of vacancies among members of the Governing Council; (h) the authentication of the orders and decisions of the Governing Council; 8 ----- (i) the meetings of the Governing Council, Senate or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business; (j) conferment of honorary degree; (k) the establishment and maintenance of halls and hostels; _(l) the conditions of residence of students of the Institute and the levying of the fees for residence in_ the halls and hostels and other charges; and (m) any other matter which by this Act is to be or may be specified by the Statutes. **27. Statutes how made.—(1) The first Statutes of the Institute shall be framed by the Governing** Council with the previous approval of the Visitor and shall be laid as soon as may be before each House of Parliament. (2) The Governing Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided. (3) Every new Statute or addition to the Statute or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may remit it to the Governing Council for consideration. (4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. **28. Ordinances.—Subject to the provisions of this Act and the Statutes, the Ordinances of the** Institute may provide for all or any of the following matters, namely:— (a) the admission of the students to the Institute; (b) the reservation for the Scheduled Castes, the Scheduled Tribes and other backward categories of persons; (c) the courses of study to be laid down for all degrees, diplomas and certificates of the Institute; (d) the conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the Institute and award of degrees, diplomas and certificates; (e) the conditions for award of fellowships, scholarships, exhibitions, medals and prizes; (f) the conditions and mode of appointment and duties of examining body, examiners and moderators; (g) the conduct of examinations; (h) the maintenance of discipline among the students of the Institute; (i) the fees to be charged for courses of study in the Institute and for admission to the examinations of degrees, diplomas and certificates of the Institute; and (j) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances. **29. Ordinance how made.—(1) Save as otherwise provided in this section, Ordinances shall be made** by the Senate. (2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Governing Council and shall be considered by the Governing Council at its next succeeding meeting. (3) The Governing Council shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. **30. Tribunal of Arbitration.—(1) Any dispute arising out of a contract between the Institute and any of** its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee and an umpire appointed by the Visitor. (2) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court. 9 ----- (3) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration. (4) The Tribunal of Arbitration shall have power to regulate its own procedure. (5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitration under this section. CHAPTER III MISCELLANEOUS **31. Act and proceedings not to be invalidated by vacancies.—No act of the Institute or Governing** Council or Senate or any other body set-up under this Act or the Statutes, shall be invalid merely by reason of— (a) any vacancy in, or defect in the constitution thereof; or (b) any defect in the election, nomination or appointment of a person acting as a member thereof; or (c) any irregularity in its procedure not affecting the merits of the case. **32. Sponsored schemes.—Notwithstanding anything contained in this Act, whenever the Institute receives** funds from any Government, the University Grants Commission or any other agency, including industry sponsoring a research scheme or a consultancy assignment or a teaching programme or a chaired professorship or a scholarship, etc., to be executed or endowed at the Institute— (a) the amount received shall be kept by the Institute separately from the Fund of the Institute and utilised only for the purpose of the scheme; and (b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisations: Provided that any money remaining unutilised shall be transferred to the endowment fund created under section 22 of this Act. **33. Power of Institute to grant degree, etc.—The Institute shall have the power to grant degrees,** diplomas, certificates and other academic distinctions under this Act, which shall be equivalent to such corresponding degrees, diplomas, certificates and other academic distinctions granted by any University or Institute established or incorporated under any other law for the time being in force. **34. Institute to be public authority under the Right to Information Act, 2005.—The provisions of** the Right to Information Act, 2005 (22 of 2005) shall apply to the Institute, as if it were a public authority as defined in clause (h) of section 2 of the Right to Information Act, 2005. **35. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of appointment of the Managing Director, Secretary and Executive Director and terms and conditions of his services; (b) the terms and conditions of service of the Managing Director, Secretary and the Executive Director under sub-section (1) of section 16, sub-section (1) of section 17 and sub-section (1) of section 18; (c) the form and manner in which the books of account of the Institute shall be maintained under sub-section (1) of section 23; and (d) any other matter which is required to be, or may be, prescribed. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of 10 ----- no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **36. Returns and information to be provided to Central Government.—The Institute shall furnish to the** Central Government such returns or other information with respect to policies or activities as the Central Government may, for the purpose of reporting to Parliament or for the making of policy, from time to time, require. **37. Transitional provisions.—Notwithstanding anything contained in this Act—** (a) the Governing Council of the Society functioning as such, immediately before the commencement of this Act shall continue to so function until a new Governing Council is constituted for the Institute under this Act, but on the constitution of a new Governing Council under this Act the members of the Governing Council holding office before such constitution shall cease to hold office; (b) until the first Statutes and the Ordinances are made under this Act, the rules and regulations, instructions and guidelines of the Society as in force, immediately before the commencement of this Act, shall continue to apply to the Institute insofar as they are not inconsistent with the provisions of this Act; and (c) any student who joined classes of the existing Institute on or after the academic year 2012-2013 or completed the course on or after the academic year 2013-2014 shall for the purposes of clause (iii) of section 7, be deemed to have pursued a course of study in the existing Institute if such student has not already been awarded degree or diploma for the same course of study. **38. Statute and Ordinance to be published in the Official Gazette and to be laid before** **Parliament.—(1) Every Statute or Ordinance made under this Act shall be published in the Official** Gazette. (2) Every Statute or Ordinance made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute or Ordinance or both Houses agree that the Statute or Ordinance should not be made, the Statute or Ordinance shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute or Ordinance. (3) The power to make Statutes or Ordinances shall include the power to give retrospective effect with the approval of the Central Government from a date not earlier than the date of commencement of this Act to Statutes or Ordinances or any of them but no retrospective effect shall be given to any Statute or Ordinance so as to prejudicially affect the interests of any person to whom such Statutes or Ordinances may be applicable. **39. Power to remove difficulties.—(1) lf any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provision or give such direction not inconsistent with the purposes of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 11 ----- Sl. No. Name of the State THE SCHEDULE [See section 3(h)] INSTITUTE CAMPUSES Name and address of the existing Institute campus and its location (1) (2) (3) 1. Uttar Pradesh Footwear Design and Development Institute, A-10/A, Sector-24, Noida, Gautam Budh Nagar, Pin-201301. 2. Tamil Nadu Footwear Design and Development Institute, Plot No: E-1, SIPCOT Industrial Park, Irrungattukotai, Kancheepuram. 3. West Bengal Footwear Design and Development Institute, Kolkata Leather Complex, Mouzakariadanga, J.L No-32 and Gangapur, J.L No-35, Kolkata. 4. Haryana Footwear Design and Development Institute, Plot No- 1, Sector-31 B, IMT Rohtak. 5. Rajasthan Footwear Design and Development Institute,Village Mandor, Tehsil Jodhpur, District- Jodhpur. 6. Uttar Pradesh Footwear Design and Development Institute, Sultanpur Road, Fursatganj, Raebareli, Pin-229302. 7. Madhya Pradesh Footwear Design and Development Institute, Corner Plot, Khasara No: 31, Nagpur-Batil Road, Immlikhera Chowk, Chhindwara. 8. Madhya Pradesh Footwear Design and Development Institute, Gram Maharajpura Panchayat, Hari Pur, Phawa No-42, Survey No.571/158, 61/1/1/1 on Gram Puraposar Road, Guna. 9. Bihar Footwear Design and Development Institute, Plot No P-6, Megha Industrial Area, Moza Dumri, Arra Road, Patna. 10. Telengana Footwear Design and Development Institute, LIDCAP Campus, HS Durga, Gachibowli, Bidar-Hyderabad Road, Hyderabad. Footwear Design and Development Institute, Plot No H-3301, 11. Gujarat Near ESIC Hospital, Ankleshwar Industrial Estate, Ankleshwar. 12. Punjab Footwear Design and Development Institute, District SAS Nagar (Mohali), Chandigarh-Patiala Highway, Chandigarh. 12 -----

9-Aug-2017

22

The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2256/1/A2017-22.pdf

central

# THE ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017 ___________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, application and commencement. 2. Definitions. CHAPTER II ADMIRALTY JURISDICTION AND MARITIME CLAIMS 3. Admiralty jurisdiction. 4. Maritime claim. 5. Arrest of vessel in rem. 6. Admiralty jurisdiction in _personam._ 7. Restrictions on actions in personam in certain cases. 8. Vesting of rights on sale of vessels. 9. _Inter se priority on maritime lien._ 10. Order of priority of maritime claims. 11. Protection of owner, demise charterer, manager or operator or crew of vessel arrested. CHAPTER III PROCEDURE AND APPEALS 12. Application of Code of Civil Procedure. 13. Assistance of assessors. 14. Appeal. 15. Transfer of proceedings by Supreme Court. CHAPTER IV MISCELLANEOUS 16. Power to make rules. 17. Repeal and savings. 18. Power to remove difficulties. 1 ----- # THE ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017 ACT NO 22 OF 2017 [9th August, 2017.] # An Act to consolidate the laws relating to admiralty jurisdiction, legal proceedings in connection with vessels, their arrest, detention, sale and other matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, application and commencement.—(1) This Act may be called the Admiralty** (Jurisdiction and Settlement of Maritime Claims) Act, 2017. (2) It shall apply to every vessel, irrespective of the place of residence or domicile of the owner: Provided that this Act shall not apply to an inland vessel defined in clause (a) of sub-section (1) of section 2 of the Inland Vessels Act, 1917 (1 of 1917), or a vessel under construction that has not been launched unless it is notified by the Central Government to be a vessel for the purposes of this Act: Provided further that this Act shall not apply to a warship, naval auxiliary or other vessel owned or operated by the Central or a State Government and used for any non-commercial purpose, and, shall also not apply to a foreign vessel which is used for any non-commercial purpose as may be notified by the Central Government. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—(1) In this Act,—** (a) “admiralty jurisdiction” means the jurisdiction exercisable by a High Court under section 3, in respect of maritime claims specified under this Act; (b) “admiralty proceeding” means any proceeding before a High Court, exercising admiralty jurisdiction; (c) “arrest” means detention or restriction for removal of a vessel by order of a High Court to secure a maritime claim including seizure of a vessel in execution or satisfaction of a judgment or order; (d) “goods” means any property including live animals, containers, pallets or such other articles of transport or packaging or luggage irrespective of the fact whether such property is carried, on or under the deck of a vessel; (e) “High Court”, in relation to an admiralty proceeding, means any of the High Court of Calcutta, High Court of Bombay, High Court of Madras, High Court of Karnataka, High Court of Gujarat, High Court of Orissa, High Court of Kerala, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh or any other High Court, as may be notified by the Central Government for the purposes of this Act; (f) “maritime claim” means a claim referred to in section 4; (g) “maritime lien” means a maritime claim against the owner, demise charterer, manager or operator of the vessel referred to in clauses (a) to (e) of sub-section (1) of section 9, which shall continue to exist under sub-section (2) of that section; (h) “notification” means a notification published in the Official Gazette; (i) “port” shall have the same meaning as assigned to it in the Indian Ports Act, 1908 (15 of 1908); (j) “prescribed” means prescribed by rules made by the Central Government under this Act; (k) “territorial waters” shall have the same meaning as assigned to it in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976); and (l) “vessel” includes any ship, boat, sailing vessel or other description of vessel used or constructed for use in navigation by water, whether it is propelled or not, and includes a barge, lighter or other floating vessel, a hovercraft, an off-shore industry mobile unit, a vessel that has sunk or is stranded or abandoned and the remains of such a vessel. _Explanation.—A vessel shall not be deemed to be a vessel for the purposes of this clause, when it_ is broken up to such an extent that it cannot be put into use for navigation, as certified by a surveyor. 2 ----- (2) The words and expressions used herein but not defined and defined in the Merchant Shipping Act, 1958 (44 of 1958) shall have the meanings respectively assigned to them in that Act. CHAPTER II ADMIRALTY JURISDICTION AND MARITIME CLAIMS **3. Admiralty jurisdiction.—Subject to the provisions of sections 4 and 5, the jurisdiction in respect** of all maritime claims under this Act shall vest in the respective High Courts and be exercisable over the waters up to and including the territorial waters of their respective jurisdictions in accordance with the provisions contained in this Act: Provided that the Central Government may, by notification, extend the jurisdiction of the High Court up to the limit as defined in section 2 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976). **4. Maritime claim.—(1) The High Court may exercise jurisdiction to hear and determine any question** on a maritime claim, against any vessel, arising out of any— (a) dispute regarding the possession or ownership of a vessel or the ownership of any share therein; (b) dispute between the co-owners of a vessel as to the employment or earnings of the vessel; (c) mortgage or a charge of the same nature on a vessel; (d) loss or damage caused by the operation of a vessel; (e) loss of life or personal injury occurring whether on land or on water, in direct connection with the operation of a vessel; (f) loss or damage to or in connection with any goods; (g) agreement relating to the carriage of goods or passengers on board a vessel, whether contained in a charter party or otherwise; (h) agreement relating to the use or hire of the vessel, whether contained in a charter party or otherwise; (i) salvage services, including, if applicable, special compensation relating to salvage services in respect of a vessel which by itself or its cargo threatens damage to the environment; (j) towage; (k) pilotage; (l) goods, materials, perishable or non-perishable provisions, bunker fuel, equipment (including containers), supplied or services rendered to the vessel for its operation, management, preservation or maintenance including any fee payable or leviable; (m) construction, reconstruction, repair, converting or equipping of the vessel; (n) dues in connection with any port, harbour, canal, dock or light tolls, other tolls, waterway or any charges of similar kind chargeable under any law for the time being in force; (o) claim by a master or member of the crew of a vessel or their heirs and dependents for wages or any sum due out of wages or adjudged to be due which may be recoverable as wages or cost of repatriation or social insurance contribution payable on their behalf or any amount an employer is under an obligation to pay to a person as an employee, whether the obligation arose out of a contract of employment or by operation of a law (including operation of a law of any country) for the time being in force, and includes any claim arising under a manning and crew agreement relating to a vessel, notwithstanding anything contained in the provisions of sections 150 and 151 of the Merchant Shipping Act, 1958 (44 of 1958); (p) disbursements incurred on behalf of the vessel or its owners; (q) particular average or general average; 3 ----- (r) dispute arising out of a contract for the sale of the vessel; (s) insurance premium (including mutual insurance calls) in respect of the vessel, payable by or on behalf of the vessel owners or demise charterers; (t) commission, brokerage or agency fees payable in respect of the vessel by or on behalf of the vessel owner or demise charterer; (u) damage or threat of damage caused by the vessel to the environment, coastline or related interests; measures taken to prevent, minimise, or remove such damage; compensation for such damage; costs of reasonable measures for the restoration of the environment actually undertaken or to be undertaken; loss incurred or likely to be incurred by third parties in connection with such damage; or any other damage, costs, or loss of a similar nature to those identified in this clause; (v) costs or expenses relating to raising, removal, recovery, destruction or the rendering harmless of a vessel which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such vessel, and costs or expenses relating to the preservation of an abandoned vessel and maintenance of its crew; and (w) maritime lien. _Explanation.—For the purposes of clause (q), the expressions “particular average” and “general_ average” shall have the same meanings as assigned to them in sub-section (1) of section 64 and sub-section (2) of section 66 respectively of the Marine Insurance Act, 1963 (11 of 1963). (2) While exercising jurisdiction under sub-section (1), the High Court may settle any account outstanding and unsettled between the parties in relation to a vessel, and direct that the vessel, or any share thereof, shall be sold, or make such other order as it may think fit. (3) Where the High Court orders any vessel to be sold, it may hear and determine any question arising as to the title to the proceeds of the sale. (4) Any vessel ordered to be arrested or any proceeds of a vessel on sale under this Act shall be held as security against any claim pending final outcome of the admiralty proceeding. **5. Arrest of vessel in** **_rem.—(1) The High Court may order arrest of any vessel which is within its_** jurisdiction for the purpose of providing security against a maritime claim which is the subject of an admiralty proceeding, where the court has reason to believe that— (a) the person who owned the vessel at the time when the maritime claim arose is liable for the claim and is the owner of the vessel when the arrest is effected; or (b) the demise charterer of the vessel at the time when the maritime claim arose is liable for the claim and is the demise charterer or the owner of the vessel when the arrest is effected; or (c) the claim is based on a mortgage or a charge of the similar nature on the vessel; or (d) the claim relates to the ownership or possession of the vessel; or (e) the claim is against the owner, demise charterer, manager or operator of the vessel and is secured by a maritime lien as provided in section 9. (2) The High Court may also order arrest of any other vessel for the purpose of providing security against a maritime claim, in lieu of the vessel against which a maritime claim has been made under this Act, subject to the provisions of sub-section (1): Provided that no vessel shall be arrested under this sub-section in respect of a maritime claim under clause (a) of sub-section (1) of section 4. **6. Admiralty jurisdiction** **_in_** **_personam.—Subject to section 7, the High Court may exercise_** admiralty jurisdiction by action in personam in respect of any maritime claim referred to in clauses (a) to (w) of sub-section (1) of section 4. **7. Restrictions on actions in personam in certain cases.—(1) Where any maritime claim arising in** respect of a damage or loss of life or personal injury arising out of any— (i) collision between vessels, (ii) the carrying out of or omission to carry out, a manoeuvre in the case of one or more vessels, 4 ----- (iii) non-compliance, on the part of one or more vessels, with the collision regulations made in pursuance of section 285 of the Merchant Shipping Act, 1958 (44 of 1958), the High Court shall not entertain any action under this section against any defendant unless— (a) the cause of action, wholly or in part, arises in India; or (b) the defendant, at the time of commencement of the action by the High Court, actually and voluntarily resides or carries on business or personally works for gain in India: Provided that an action may be entertained in a case, where there are more defendants than one and where one of the defendants who does not actually and voluntarily reside or carry on business or personally work for gain in India is made a party to such action either with the leave of the court, or each of the defendants acquiesces in such action. (2) The High Court shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside India against the same defendant in respect of the same incident or series of incidents have been discontinued or have otherwise come to an end. (3) The provisions of sub-section (2) shall apply to counter-claims as they apply to actions except counter-claims in proceedings arising out of the same incident or series of incidents. (4) A reference to the plaintiff and the defendant for the purpose of sub-section (3) shall be construed as reference to the plaintiff in the counter-claim and the defendant in the counter-claim respectively. (5) The provisions of sub-sections (2) and (3) shall not apply to any action or counter-claim if the defendant submits or agrees to submit to the jurisdiction of the High Court. (6) Subject to the provisions of sub-section (2), the High Court shall have jurisdiction to entertain an action _in personam_ to enforce a claim to which this section applies whenever any of the conditions specified, in clauses (a) and (b) of sub-section (1) is satisfied and any law for the time being in force relating to the service of process outside the jurisdiction shall apply. **8. Vesting of rights on sale of vessels.—On the sale of a vessel under this Act by the High Court in** exercise of its admiralty jurisdiction, the vessel shall vest in the purchaser free from all encumbrances, liens, attachments, registered mortgages and charges of the same nature on the vessel. **9. Inter se priority on maritime lien.—(1) Every maritime lien shall have the following order of inter se** priority, namely (a) claims for wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf; (b) claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel; (c) claims for reward for salvage services including special compensation relating thereto; (d) claims for port, canal, and other waterway dues and pilotage dues and any other statutory dues related to the vessel; (e) claims based on tort arising out of loss or damage caused by the operation of the vessel other than loss or damage to cargo and containers carried on the vessel. (2) The maritime lien specified in sub-section (1) shall continue to exist on the vessel notwithstanding any change of ownership or of registration or of flag and shall be extinguished after expiry of a period of one year unless, prior to the expiry of such period, the vessel has been arrested or seized and such arrest or seizure has led to a forced sale by the High Court: Provided that for a claim under clause (a) of sub-section (1), the period shall be two years from the date on which the wage, sum, cost of repatriation or social insurance contribution, falls due or becomes payable. 5 ----- (3) The maritime lien referred to in this section shall commence— (a) in relation to the maritime lien under clause (a) of sub-section (1), upon the claimant's discharge from the vessel; (b) in relation to the maritime liens under clauses (b) to (e) of sub-section (1), when the claim arises, and shall run continuously without any suspension or interruption: Provided that the period during which the vessel was under arrest or seizure shall be excluded. (4) No maritime lien shall attach to a vessel to secure a claim which arises out of or results from— (a) damage in connection with the carriage of oil or other hazardous or noxious substances by sea for which compensation is payable to the claimants pursuant to any law for the time being in force; (b) the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products or waste. **10. Order of priority of maritime claims.—(1) The order of maritime claims determining the** _inter se priority in an admiralty proceeding shall be as follows:—_ (a) a claim on the vessel where there is a maritime lien; (b) registered mortgages and charges of same nature on the vessel; (c) all other claims. (2) The following principles shall apply in determining the priority of claims inter se— (a) if there are more claims than one in any single category of priority, they shall rank equally; (b) claims for various salvages shall rank in inverse order of time when the claims thereto accrue. **11. Protection of owner, demise charterer, manager or operator or crew of vessel** **arrested.—(1) The High Court may, as a condition of arrest of a vessel, or for permitting an arrest** already effected to be maintained, impose upon the claimant who seeks to arrest or who has procured the arrest of the vessel, an obligation to provide an unconditional undertaking to pay such sums of money as damages or such security of a kind for an amount and upon such terms as may be determined by the High Court, for any loss or damage which may be incurred by the defendant as a result of the arrest, and for which the claimant may be found liable, including but not restricted to the following, namely:— (a) the arrest having been wrongful or unjustified; or (b) excessive security having been demanded and provided. (2) Where pursuant to sub-section (1), the person providing the security may at any time, apply to the High Court to have the security reduced, modified or cancelled for sufficient reasons as may be stated in the application. (3) If the owner or demise charterer abandons the vessel after its arrest, the High Court shall cause the vessel to be auctioned and the proceeds appropriated and dealt with in such manner as the court may deem fit within a period of forty-five days from the date of arrest or abandonment: Provided that the High Court shall, for reasons to be recorded in writing, extend the period of auction of the vessel for a further period of thirty days. CHAPTER III PROCEDURE AND APPEALS **12.** **Application of Code of Civil Procedure.—The provisions of the Code of Civil Procedure, 1908** (5 of 1908) shall apply in all the proceedings before the High Court in so far as they are not inconsistent with or contrary to the provisions of this Act or the rules made thereunder. **13. Assistance of assessors.—(1) Notwithstanding anything contained in any other law for the time** being in force, the Central Government shall appoint by notification, a list of assessors with such qualifications and experience in admiralty and maritime matters, the nature of duties to be performed by them, the fees to be paid to them and other ancillary or incidental matters for the purposes of this Act, in the manner as may be prescribed. 6 ----- (2) The appointment of assessors shall not be construed as a bar to the examination of expert witnesses by any of the parties in any admiralty proceeding. **14. Appeal.—Notwithstanding anything contained in any other law for the time being in force, an** appeal shall lie from any judgment, decree or final order or interim order of a single Judge of the High Court under this Act to a Division Bench of the High Court. **15. Transfer of proceedings by Supreme Court.—The Supreme Court may on an application of any** party, transfer, at any stage, any admiralty proceeding from one High Court to any other High Court and the latter High Court shall proceed to try, hear and determine the matter from the stage at which it stood at the time of transfer: Provided that no such proceeding shall be transferred unless parties to the proceeding have been given an opportunity of being heard in the matter. CHAPTER IV MISCELLANEOUS **16. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the rules may provide for all or any of the following matters, namely:— (a) the qualification, experience, nature of duties and fee to be paid to the assessors and other ancillary or incidental matters under sub-section (1) of section 13; (b) the practice and procedure of admiralty jurisdiction under this Act including fees, costs and expenses in such proceedings; and (c) any other matter which is required to be, or may be, prescribed. (3) Until rules are made under sub-section (2) by the Central Government, all rules for the time being in force governing the exercise of admiralty jurisdiction in the High Courts shall be applicable. (4) Every rule made under this Act shall be laid, as soon as may be after the rule is made, or notification issued before each House of Parliament while it is in session for a total period of thirty days comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect, only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. **17. Repeal and savings.—(1) The application in India of the following enactments are hereby** repealed— (a) the Admiralty Court Act, 1840 (3 and 4 Vict., c. 65); (b) the Admiralty Court Act, 1861 (24 and 25 Vict., c. 10); (c) the Colonial Courts of Admiralty Act, 1890 (53 and 54 vict., c. 27); (d) the Colonial Courts of Admiralty (India) Act, 1891 (16 of 1891); and (e) the provisions of the Letters Patent, 1865 in so far as they apply to the admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts. (2) Notwithstanding the repeal, all admiralty proceedings pending in any High Court immediately before the commencement of this Act shall continue to be adjudicated by such court in accordance with the provisions of this Act. (3) Anything done or any action taken, under the provisions of the repealed enactments, shall in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of the Act as if the said provisions were in force when such thing was done or such action was taken and shall continue to be in force accordingly until superseded by anything done or any action taken under this Act or rules made thereunder. 7 ----- (4) Any rule, regulation, bye-law made or order or notice issued under the repealed enactments, shall so far as it is not inconsistent with the provisions of this Act or rules made thereunder be deemed to have been done or taken under the corresponding provisions of this Act. **18. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 8 -----

9-Aug-2017

23

The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2245/1/A2017_23.pdf

central

# THE INDIAN INSTITUTES OF INFORMATION TECHNOLOGY (PUBLIC-PRIVATE PARTNERSHIP) ACT, 2017 ____________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration of certain institutions as institutions of national importance. 3. Definitions. CHAPTER II THE INSTITUTES 4. Incorporation of Institutes. 5. Effect of incorporation of Institutes. 6. Objects of Institute. 7. Powers and functions of Institute. 8. Institutes to be open to all races, creeds and classes. 9. Teaching at Institute. 10. Institute to be a distinct legal entity not-for-profit. 11. Establishment of Institute by Central Government, State Government and industry partners. CHAPTER III AUTHORITIES OF INDIAN INSTITUTES OF INFORMATION TECHNOLOGY ESTABLISHED IN PUBLIC-PRIVATE PARTNERSHIP 12. Visitor. 13. Authorities of Institute. 14. Board of Governors. 15. Term of office of, vacancies among and allowances payable to, members of Board. 16. Resignation of Chairperson. 17. Powers and functions of Board. 18. Senate. 19. Powers and functions of Senate. # 20. Finance Committee. 21. Powers and functions of Finance Committee. 22. Meetings. 23. Director. 24. Registrar. 25. Review of Performance of Institute. CHAPTER IV ACCOUNTS AND AUDIT 26. Grants by Central Government and State Governments. 27. Fund of Institute 28. Accounts and audit. 29. Pension and provident fund. 30. Appointments. 31. Statutes. 32. Statutes how to be made. 33. Ordinances. 1 ----- SECTIONS 34. Ordinances how to be made. 35. Tribunal of Arbitration. 36. Annual report of Director. 37. Annual report of each Institute. CHAPTER V CO-ORDINATION FORUM 38. Co-ordination Forum. 39. Term of office and allowances payable to members of Co-ordination Forum. 40. Functions and duties of Co-ordination Forum. CHAPTER VI MISCELLANEOUS 41. Power to make rules. 42. Acts and proceedings not to be invalidated by vacancies, etc. 43. Returns and information to be provided to Central Government or State Government. 44. Power of Central Government to issue directions. 45. Institute to be public authority under Right to Information Act. 46. Transitional provisions. 47. Power to remove difficulties. 48. Laying of rules, Statutes, Ordinances and notification. THE SCHEDULE. 2 ----- # THE INDIAN INSTITUTES OF INFORMATION TECHNOLOGY (PUBLIC-PRIVATE PARTNERSHIP) ACT, 2017 NO. 23 OF 2017 [9th August, 2017.] # An Act to declare certain Indian Institutes of Information Technology established under public-private partnership as institutions of national importance, with a view to develop new knowledge in information technology and to provide manpower of global standards for the information technology industry and to provide for certain other matters connected with such institutions or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Indian Institutes of Information** Technology (Public-private Partnership) Act, 2017. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration of certain institutions as institutions of national importance.—Whereas the objects of** the Institutes mentioned in the Schedule are such as to make them institutions of national importance, it is hereby declared that each such Institute is an institution of national importance. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the date of establishment of the Institutes established under sub-section (2) of section 4; (b) “Board”, in relation to any Institute, means the Board of Governors referred to in sub-section (1) of section 14; (c) “Chairperson” means the Chairperson of the Board appointed under sub-section (2) of section 14; (d) “Co-ordination Forum” means the Co-ordination Forum established under sub-section (1) of section 38; (e) “Director” means the Director of the Institute; (f) “existing Institute” means the Institute mentioned in column (3) of the Schedule; (g) “industry partner” means an individual, or a trust established under the Indian Trusts Act, 1882, (2 of 1882) or a company established under the Companies Act, 2013 (18 of 2013) or society formed and registered under the Societies Registration Act, 1860 (21 of 1860) or a financial institution or a combination of one or more of such industry partners; (h) “Institute” means any of the institutions mentioned in column (5) of the Schedule and such other Institutes established under section 11; (i) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (j) “prescribed” means prescribed by rules made under this Act; (k) “public-private partnership” means such partnership under a scheme of the Central Government which provides for establishment of Institute involving collaboration between the Central Government, the State Government and industry partners; (l) “Schedule” means the Schedule to this Act; (m) “Senate”, in relation to any Institute, means the Senate thereof; 1. 6th September, 2017 _vide notification No. S.O. 2928(E) dated the 6 September, 2017,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 3 ----- (n) “Statutes” and “Ordinances”, in relation to any Institute, mean the Statutes and Ordinances of the Institute made under this Act. CHAPTER II THE INSTITUTES **4.** **Incorporation of Institutes.—(1) On and from the commencement of this Act, every existing** Institute, shall be a body corporate by the same name as mentioned in column (5) of the Schedule. (2) On and from the appointed day, any other Institute of Information Technology as may be established under section 11 shall be a body corporate by such name as the Central Government may, by notification, specify. (3) Every existing Institute or any Institute established under sub-section (2) shall have perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by its name, sue or be sued. **5. Effect of incorporation of Institutes.—On and from the date of commencement of this Act,—** (a) any reference to any existing Institute in any contract or other instrument shall be deemed to be reference to the corresponding Institute mentioned in column (5) of the Schedule; (b) all properties, movable and immovable, belonging to every existing Institute shall vest in the corresponding Institute mentioned in column (5) of the Schedule; (c) all rights, debts and other liabilities of every existing Institute shall be transferred to, and be the rights and liabilities of, the corresponding Institute mentioned in column (5) of the Schedule; (d) every person employed by any existing Institute, immediately before such commencement, shall hold his office or service in the corresponding Institute mentioned in column (5) of the Schedule, with the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and the terms and conditions are duly altered by the Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the Institute of compensation equivalent to three months' remuneration in the case of permanent employees and one month's remuneration in case of other employees: Provided further that any reference, by whatever form of words, to the Director, Registrar and other officers of any existing Institute, in any law for the time being in force, or in any instrument or other document, shall be deemed to be reference to the Director, Registrar and other officers of the corresponding Institute mentioned in column (5) of the Schedule; (e) every person pursuing, before the commencement of this Act, any academic or research course in any existing Institute, shall be deemed to have migrated and registered with the corresponding Institute mentioned in column (5) of the Schedule, on such commencement at the same level of course in the Institute from which such person migrated; (f) all suits and other legal proceedings instituted or which could have been instituted by or against an existing Institute, immediately before the commencement of this Act, shall be continued or instituted by or against the corresponding Institute mentioned in column (5) of the Schedule. **6. Objects of Institute.—Every Institute shall have the following objectives, namely:—** (a) to emerge amongst the foremost institutions in information technology and allied fields of knowledge in the global context; (b) to advance new knowledge and innovation in information technology and allied fields to empower the nation to the forefront in the global context; 4 ----- (c) to develop competent and capable youth imbued with the spirit of innovation and entrepreneurship with the social and environmental orientation to meet the knowledge needs of the country and provide global leadership in information technology and allied fields; (d) to promote and provide transparency of highest order in matters of admission, appointment to various positions, academic evaluation, administration and finance. **7. Powers and functions of Institute.—(1) Subject to the provisions of this Act, every Institute shall** exercise the following powers and perform the following functions, namely:— (a) to provide instructions in such fields of knowledge relating to information technology and allied areas as the Institute may deem fit, for the advancement of learning and dissemination of knowledge; (b) to lead, organise and conduct research and innovation in information technology and allied fields of knowledge in such manner as the Institute may deem fit, including in collaboration or in association with any other Institute, educational institution, research organisation, body corporate or financial organisations at national or global level; (c) to hold examinations and grant degrees, diplomas and other academic distinctions or titles and to confer honorary degrees; (d) to create academic, administrative, technical, ministerial and other posts under the Institute other than the post of Director of the Institute and to make appointments thereto; (e) to appoint persons working in any other Institute or educational institution or involved in research of significance in any industry as adjunct, guest or visiting faculty of the Institute on such terms and for such duration as the Institute may decide; (f) to create administrative and other posts and to make appointments thereto on the basis of criteria as may be decided by the Board; (g) to make provision for dissemination of knowledge emerging from research and for that purpose to enter into such arrangements, including consultancy and advisory services, with other institutions, industry, civil society or other organisations, as the Institute may deem necessary; (h) to create a website, highlight all information not restricted to those related to students, admission, fee, administrative structure, policies including recruitment rules, faculty and non-faculty posts, annual reports and financial details including statement of account of the Institute; (i) to determine, specify and receive payment of fees and other charges, as the Institute may deem fit, from students and any other person, institution or body corporate for instructions and other services, including training, consultancy and advisory services, provided by the Institute; (j) to deal with any property belonging to, or vested in, the Institute in such manner as the Institute may deem fit for advancement of the objectives of the Institute: Provided that no land or other immovable property shall be disposed of by the Institute without the prior approval of the concerned State Government and the Central Government; (k) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfer of movable or immovable properties from testators, donors or transferors, as the case may be; (l) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects; (m) to establish and maintain such infrastructure as may be necessary, incidental or conducive to the attainment of the objectives of the Institute; (n) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and (o) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objectives of the Institute. 5 ----- (2) Subject to the provisions of this Act, every Institute may take up the following works, namely:— (a) supporting and collaborating with educational Institutes imparting technical or information technology courses located in the zone or region; (b) advising the State Governments and Union territory Administrations included in its zone in matters of information technology and other technological issues referred by them to the Institute for advice. **8. Institutes to be open to all races, creeds and classes.—(1) Every Institute shall be open to all** citizens irrespective of gender, caste, creed, disability, domicile, ethnicity, social or economic background. (2) No bequest, donation or transfer of any property shall be accepted by any Institute which in the opinion of the Co-ordination Forum involves conditions or obligations opposed to the spirit and object of this section. (3) Admissions to every programme of study in each Institute shall be based on merit assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such Institute: Provided that every such Institute shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007). **9. Teaching at Institute.—All teaching at each of the Institute shall be conducted by or in the name** of the Institute in accordance with the Statutes and Ordinances made in this behalf. **10. Institute to be a distinct legal entity not-for-profit. —(1) Every Institute shall be a not-for-profit** legal entity and no part of the surplus, if any, in revenue of such Institute, after meeting all expenditure in regard to its operations under this Act, shall be invested for any purpose other than for the growth and development of such Institute or for conducting research therein. (2) Every Institute shall strive to raise funds for creation of a corpus for self-sufficiency, sustainability and future development of the Institute. **11. Establishment of Institute by Central Government, State Government and industry** **partners.—(1) The State Government shall identify at least one industry partner, and preferably three industry** partners, for collaboration and submit a proposal to the Central Government. (2) The Central Government shall examine the proposal on the basis of such criteria, as may be prescribed, which shall include the following, namely:— (a) the investment of capital required for establishing the proposed Institute to be borne by the Central Government, the concerned State Government and industry partners in the ratio 50:35:15 and recurring expenditure, as may be considered necessary during the first five years of operation, to be made available by the Central Government: Provided that the ratio of investment of capital required for establishing the proposed Institute in North Eastern States shall be 57.5:35:7.5; (b) the expertise and standing of the industry partners proposed in sub-section (1) in the field of information technology; (c) the assessment of the capability, financial and other resources of industry partners to support the Institute; (d) the suitability of adequate land, to the extent of fifty to hundred acres, to be provided by the State Government free of cost; (e) the availability of, or the commitment of the State Government to make available, adequate physical infrastructure namely, water, electricity, road connectivity and security, at the proposed site. (3) The Central Government may, with the concurrence of the concerned State Government, suggest modifications, if any, to the proposal submitted to it under sub-section (1). 6 ----- (4) Where a proposal submitted by the State Government under sub-section (1) is not acceptable to the Central Government, the Central Government shall communicate its decision to that State Government, specifying the reasons for such decision. (5) The Central Government shall, on acceptance of the proposal with modifications, if any, under sub-section (3), enter into a memorandum of understanding or an agreement with the concerned State Government and the industry partners for the establishment of the proposed Institute. (6) The industry partner shall— (a) actively participate in the governance of the Institute within the overall framework; (b) support and facilitate joint research projects with the Indian Institutes of Information Technology either through funding, collaboration or in any other manner; (c) depute experienced individuals as adjunct faculty; (d) encourage, enable, support and mentor students to do research project as a part of their course curriculum, within their enterprise; (e) accept faculty members of the Indian Institutes of Information Technology on a sabbatical to work for short period with the industry; (f) co-create programs as per the requirements of the industry with the Institution; (g) provide internship to students of the Indian Institutes of Information Technology; (h) facilitate for placement of students from the Indian Institutes of Information Technology; (i) sponsor their eligible employees for doctorate studies in the Indian Institutes of Information Technology; and (j) fund and mentor the startups in the Institution. (7) Every memorandum of understanding or agreement referred to in sub-section (5) shall contain— (a) the investment proposal of capital in establishment of the Institute and the respective shares as may be prescribed; (b) the first Statutes of the Institute; (c) the commitment of the Central Government, the concerned State Government, and the industry partner in ensuring autonomy to the proposed Institute; and (d) the conditions, if the industry partners pulls out. CHAPTER III AUTHORITIES OF INDIAN INSTITUTES OF INFORMATION TECHNOLOGY ESTABLISHED IN PUBLIC-PRIVATE PARTNERSHIP **12. Visitor.—(1) The President of India shall be the Visitor of every Institute.** (2) The Visitor may appoint one or more persons to review the work and progress of any Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct. (3) Upon receipt of any such report, the Visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt within the report and the Institute shall be bound to comply with such directions within a reasonable time. **13. Authorities of Institute. —The following shall be the authorities of an Institute, namely:—** (a) Visitor; (b) Board of Governors; (c) Senate; (d) Finance Committee; 7 ----- (e) such other authorities or posts as may be declared by the Statutes to be the authorities of the Institute. **14. Board of Governors.—(1) The Board of Governors of each Institute shall be the principal policy** making and executive body of the Institute. (2) The Board shall consist of the following members, namely:— (a) Chairperson, an eminent technologist or industrialist or educationist to be nominated by the Visitor on the recommendation of the Central Government; (b) one nominee each of the Central Government and the concerned State Government; (c) three eminent persons, of which at least one shall be a woman, appointed by the Board out of industry, research laboratories, and civil society, one from each category; (d) two eminent academicians appointed by the Board; (e) one nominee representing each of the industry partners: Provided that if there are more than two industry partners then the number of representatives of industry partners at any time would be limited to two, chosen amongst themselves by rotation every two years; (f) Director of an Indian Institute of Technology or a National Institute of Technology located in the region, to be nominated by the Board; (g) two members from the faculty of the Institute, preferably one Professor and one Associate/Assistant Professor, to be nominated by the Senate; (h) one person from the Scheduled Castes or the Scheduled Tribes distinguished in the field of education or industry or social service or public service, to be nominated by the Board, in case any of the above do not belong to the Scheduled Castes or the Scheduled Tribes; and (i) Director of the Institute, ex officio. (3) Registrar of the concerned Institute shall be the ex officio non-member Secretary of the Board. (4) The First Board of Governors shall be notified by the Central Government by obtaining nominations under sub-section (2), other than the members referred to in clauses (c), (d), (f) and (h), which shall be decided in the first meeting of the Board of Governors. **15. Term of office of, vacancies among and allowances payable to, members of Board.—(1) Save** as otherwise provided in this section, the term of office of the Chairperson or any other member of the Board, other than an ex officio member, shall be for a period of three years from the date of nomination. (2) The term of office of an ex officio member shall continue so long as the member holds the office by virtue of which he is a member. (3) A member of the Board, other than an _ex officio member, who fails to attend three consecutive_ meetings of the Board without the leave of absence, shall cease to be a member of the Board. (4) One-third of the members of the Board shall form a quorum of the Board, provided at least three members are from members referred to in clauses other than clauses (e), (g) and (i) of sub-section (2) of section 14. (5) The members of the Board shall be entitled to such allowances, as may be laid down in Statutes, for attending meetings of the Board or as may be convened by the Institute. **16. Resignation of Chairperson.—(1) The Chairperson may, by writing under his hand addressed to** the Visitor, resign his office. (2) Any member of the Board, except ex officio members, may, by writing under his hand addressed to the Chairperson, resign his office. **17. Powers and functions of Board. — (1) Subject to the provisions of this Act, the Board shall be** responsible for the general policy making, superintendence, providing direction and shall have the power to frame, amend, modify or rescind the Statutes and the Ordinances governing the affairs of the Institute to achieve the objectives specified in section 6. 8 ----- (2) Without prejudice to the provisions of sub-section (1), the Board shall have the following powers, namely:— (a) to decide questions of policy relating to the Institute; (b) to establish departments, faculties or schools of studies and initiate programmes or courses of study at the Institute; (c) to examine and approve the annual budget estimates of the Institute; (d) to examine and approve the plan for development of the Institute and to identify sources of finance for implementation of the plan; (e) to create teaching, academic, administrative, technical and other posts and to make appointments thereto; (f) to provide by the Statutes, the qualifications, criteria and processes for appointment to teaching and other posts in the Institute; (g) to approve fees and other charges payable for pursuit of studies, courses or programmes in the Institute; (h) to make Statutes, subject to provisions of section 32, governing the administration, management and operations of such Institute; (i) to grant degrees, diplomas and other academic distinctions or titles, and to institute and award fellowships, scholarships, prizes and medals; and (j) to exercise such other powers and perform such other duties as may be conferred or imposed by this Act or the Statutes. (3) The Board may, subject to the provisions of this Act and the Statutes, delegate such powers and functions to the Senate or the Director, as the Board may deem fit. (4) The Board shall put in place policies to make the Institute self-sustaining within a period of five years. (5) The Board shall periodically conduct a review of the performance of the Director with specific reference to the leadership in the achievement of the objectives of the Institute. (6) The Board shall in exercise of the powers and discharge of functions strive to provide autonomy in academic matters to the Senate and departments of faculties or schools, as the case may be. (7) Wherein the opinion of the Director or the Chairperson, the situation is so emergent that an immediate decision needs to be taken in the interest of the Institute, the Chairperson, in consultation with the Director, may issue such orders as may be necessary, recording in writing the grounds for the opinion: Provided that such orders shall be submitted for ratification of the Board in the next meeting. **18. Senate. — (1) The Senate of every Institute shall consist of the following persons, namely:—** (a) the Director of the Institute who shall be the ex officio Chairperson of the Senate; (b) all Deans, ex officio; (c) heads of all departments, faculties or schools, ex officio, as the case may be, of the Institute; (d) all full-time professors other than the Deans or heads of the Departments; (e) three persons from amongst educationists of repute or persons from another field related to the activities of the Institute who are not in service of the Institute, nominated by the Board; (f) three persons who are not members of teaching staff co-opted by the Senate for their specialised knowledge; and (g) Registrar of the Institute, ex officio Secretary. (2) The term of office of members nominated under clauses (e) and (f) shall be for a period of two years from the date of nomination. 9 ----- (3) The term of office of an ex officio member shall continue so long as the member holds the office by virtue of which he is a member. **19. Powers and functions of Senate.—(1) Subject to the provisions of this Act, the Statutes and the** Ordinances, the Senate shall be the principal academic body of the Institute and shall have the power to enact, amend or modify the Ordinances governing academic matters and the affairs and well-being of students. (2) Without prejudice to the provisions of sub-section (1), the Senate shall have the following powers, namely:— (a) to specify the criteria and procedure for admission to courses or programmes of study offered by the Institute; (b) to recommend to the Board creation of teaching and other academic posts, determination of the number and emoluments of such posts and defining the duties and conditions of service of teachers and other academic posts; (c) to recommend to the Board about starting of new programmes or courses of study; (d) to specify the broad academic content of programmes and courses of study and undertake modifications therein; (e) to specify the academic calendar and approve grant of degrees, diplomas and other academic distinctions or titles; (f) to appoint examiners, moderators, tabulators and such other personnel for different examinations; (g) to recognise diplomas and degrees of Universities and other Institutes and to determine equivalence with the diplomas and degrees of the Institute; (h) to suggest measures for departmental co-ordination; (i) to make major recommendations to the Board of Governors on— (A) measures for improvement of standard of teaching, training and research; (B) institution of chairs, fellowships, scholarships, studentships, freeships, medals and prizes and other related matters; (C) establishment or abolition of departments or centres; and (D) academic functioning of the Institute, discipline, residence, admissions, examinations, award of fellowships and studentships, freeships, concessions, attendance and other related matters; (j) to appoint sub-committees to advise on such specific matters as may be referred to by the Board or by itself; (k) to consider the recommendations of the sub-committees and to take such action including making of recommendations to the Board as may be required; (l) to take periodical review of the activities of the departments or centres and to take appropriate action including making of recommendations to the Board with a view to maintain and improve the standards of instructions, in the institutions; and (m) to exercise such other powers and discharge such other functions as may be assigned to it, by Statutes or otherwise, by the Board. **20. Finance Committee.—(1) The Finance Committee of each Institute shall consist of the following** persons, namely:— (a) the Chairperson of the Board shall be the ex officio Chairperson of the Committee; 10 ----- (b) one representative of the Government of India, Ministry of Human Resource Development, Department of Higher Education handling the matters relating to finance, ex officio; (c) one representative of the State Government in which the Institute is located, ex officio; (d) one representative of the industry partners chosen from amongst themselves; (e) the Director, ex officio; and (f) the officer in-charge of finance and accounts of the Institute, ex officio Secretary. (2) The members of the Finance Committee other than ex officio members shall hold office for a term of three years. **21. Powers and functions of Finance Committee.—The Finance Committee shall examine the accounts,** scrutinise proposals for expenditure and financial estimates of the Institute and thereafter submit it to the Board together with its comments for approval. **22. Meetings.—(1) The Chairperson shall ordinarily preside over the meetings of the Board, Finance** Committee and at the convocations of the Institute. (2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Board are implemented. (3) The Chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes. **23. Director.—(1) The Director shall be the principal executive officer of the Institute and shall be** responsible for implementation of the decisions of the Board and Senate and for day-to-day administration of the Institute. (2) The Director shall be appointed by the Visitor, on such terms and conditions of service as may be laid down by the Statutes. (3) The Director shall be appointed out of the panel of names recommended by a search-cum selection committee consisting of— (a) Chairperson of the Board, who shall be the Chairperson of the search-cum-selection committee; (b) two members, nominated by the Board, from amongst eminent administrators, industrialists, educationists, scientists, technocrats and management specialists; (c) nominee of the State Government in which the Institute is located; (d) nominee of one of the industry partners by rotation; (e) head of the Bureau, Ministry of Human Resource Development dealing with Indian Institutes of Information Technology—Member Secretary, ex officio; (4) The Director shall exercise the powers and perform the duties as may be assigned under this Act or the Statutes or Ordinances, or as may be delegated by the Board. (5) The Director shall, except on account of resignation or removal, hold office for a period of five years from the date of assumption of charge as Director. (6) The Director may, by writing under his hand addressed to the Chairperson, resign his office. (7) The Visitor may remove from office the Director, who— (a) has been adjudged as insolvent; or (b) has been convicted of an offence which, in the opinion of the Visitor, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Director; or 11 ----- (d) has acquired such financial or other interest as is likely to affect prejudicially the functions as a Director; or (e) has so abused the position or so conducted as to render the continuance in office prejudicial to the public interest: Provided that the Director shall not be removed from office except by an order made by the Visitor, after an enquiry instituted by the Board, in which the Director has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges. (8) The Board shall initiate the process of appointment in respect of any vacancy due to arise for the post of Director on completion of tenure before a period of six months from the date of arising of such vacancy and that the process of appointment shall be completed before such vacancy arises. (9) Where the post of Director falls vacant on account of any reason other than completion of tenure, the process of appointment shall be initiated by the Board within one month of such vacancy and process shall be completed as early as possible. **24. Registrar.—(1) The Registrar of every Institute shall be appointed on such terms and conditions** as may be laid down by the Statutes. (2) The Registrar shall exercise such powers and perform such duties as may be assigned to him by the Statutes or by the Director. (3) The Registrar shall be responsible to the Director for the proper discharge of his functions. **25. Review of performance of Institute.—(1) The Institute shall, within five years from the** date of establishment and incorporation under this Act and thereafter at the expiration of every fifth year, constitute, with the prior approval of the Board, a review committee or shall appoint an agency as a third party to evaluate the performance of the Institute and its achievements with respect to its objectives during the said period. (2) The review committee constituted under sub-section (1) shall consist of members of repute in academia or industry, from relevant fields of teaching, learning and research in such Institute. (3) The third party agency appointed under sub-section (1) shall have past experience of conducting such evaluations. (4) The review committee or the third party agency, as the case may be, shall assess the performance of Institute and shall submit its report with recommendations on— (a) the extent of fulfilment of the objects of the Institute mentioned in section 6, as demonstrated by the state of teaching, learning and research, and its contribution to the society; (b) the promotion of transformational research and its impact on industry and society; (c) the advancement of fundamental research beyond the current frontiers of knowledge; (d) the establishment of the Institute as amongst the global leaders in the area of information technology; (e) such other parameters as the Board may consider necessary and specify. (5) The Board shall place the report of the review committee or the third party agency in the public domain and on its website and consider the recommendations referred to in sub-section (3) and take such action as it may deem fit: Provided that the recommendations of the review committee or the third party agency along with an explanatory memorandum on the action taken or proposed to be taken, specifying the reasons thereof, shall be submitted to the Central Government. 12 ----- CHAPTER IV ACCOUNTS AND AUDIT **26. Grants by Central Government and State Governments.—(1) For the purposes of enabling the** Institute to discharge their functions efficiently under this Act, the Central Government and the State Government may, after due appropriation made by the Parliament and the concerned State Legislature, as the case may be, by law in this behalf, pay to each Institute in every financial year such sums of money in such manner as is required to fulfil their obligations under section 11. (2) The Central Government and the concerned State Government shall provide to each Institute, grants of such sums of money as are required to meet the expenditure on scholarships or fellowships instituted by it, including scholarships or fellowships for students from socially and educationally backward classes of citizens enrolled in such Institute. **27. Fund of Institute.—(1) Every Institute shall maintain a Fund to which shall be credited—** (a) all monies provided by the Central Government or the State Government or industry partner, as the case may be; (b) all fees and other charges received by the Institute from students; (c) all monies received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; (d) all monies received by the Institute from utilisation of intellectual property arising from research conducted or provision of advisory or consultancy services by it; and (e) all monies received by the Institute in any other manner or from any other source. (2) The Fund of every Institute shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its duties under this Act, furtherance of research in the Institute or in collaboration with other educational institutions or industry and for capital investment aimed at the growth and development of the Institute. (3) All monies credited to the Fund of every Institute shall be deposited in such banks or invested in such manner as the Institute may, with approval of the Board, decide. (4) Each Institute shall create a corpus fund for long term sustainability of the Institute, to which shall be credited such per cent. of the net income of the Institute and donations made specifically towards such corpus fund as the Central Government may, in accordance with the provisions of the Income-tax Act, 1961 (43 of 1961), notify: Provided that the Board may also create endowment funds for specific purpose to which donations may be specifically made. **28. Accounts and audit.—(1) Every Institute shall maintain proper accounts and other relevant** records and prepare annual statement of accounts including the balance sheet in such form and accounting standard as may be specified by notification, by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) Where the statement of income and expenditure and the balance sheet of the Institute do not comply with the accounting standards, the Institute shall disclose in its statement of income and expenditure and balance sheet, the following, namely:— (a) the deviation from the accounting standards; (b) the reasons for such deviation; and (c) the financial effect, if any, arising out due to such deviation. (3) The accounts of every Institute shall be audited by the Comptroller and Auditor-General of India or any other person in accordance with the provisions of the extant rules and any expenditure incurred by audit 13 ----- team in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India or such person. (4) The Comptroller and Auditor-General of India and any person appointed in connection with the audit of the accounts of any Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts and, in particular shall have the rights to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute. (5) The accounts of every Institute as certified by the Comptroller and Auditor-General of India or any other person appointed in this behalf together with the audit report thereon shall be forwarded annually to the Central Government. **29. Pension and provident fund.—Every Institute may constitute for the benefit of its employees** such provident or pension fund or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be laid down by the Statutes. **30. Appointments.—All appointments of the staff of every Institute, except that of the Director, shall** be made in accordance with the procedure laid down in the Statutes. **31. Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the** following matters, namely:— (a) the formation of departments of teaching; (b) the institution of fellowships, scholarships, exhibitions, medals and prizes; (c) the terms of office and the method of appointment of officers of the Institute; (d) the qualifications of teachers of the Institute; (e) the classification, method of appointment and the determination of the terms and conditions of service of teachers and other staff of the Institute; (f) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute as per the provisions existing from time to time; (g) the constitution, powers and duties of the authorities of the Institute; (h) the establishment and maintenance of halls and hostels; (i) the conditions of residence of students of the Institute and the levying of fees for residence in the halls and hostels and of other charges; (j) the allowances to be paid to the Chairperson and members of the Board; (k) the authentication of the orders and decisions of the Board; (l) the meetings of the Board, the Senate, or any committee, the quorum at such meetings and the procedure to be followed in the conduct of their business; and (m) any other matter as may be considered necessary for the efficient functioning of the Institute. **32. Statutes how to be made.—(1) The first Statute of each Institute shall be framed by the Board** with the prior approval of the Visitor. (2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes. **33. Ordinance.—Subject to the provisions of this Act and the Statutes, the Ordinances of every** Institute may provide for all or any of the following matters, namely:— (a) the admission of the students to the Institute; (b) the courses of study to be laid down for all degrees and diplomas of the Institute; (c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the Institute, and shall be eligible for degrees and diplomas; 14 ----- (d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; (e) the conditions and mode of appointment and duties of examining bodies, examiners and moderators; (f) the conduct of examinations; (g) the maintenance of discipline among the students of the Institute; and (h) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances. **34. Ordinance how to be made.—(1) Save as otherwise provided in this section, Ordinances shall be** made by the Senate. (2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next meeting. (3) The Board shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. **35. Tribunal of Arbitration.—(1) (a) Any dispute arising out of a contract between an Institute and any** of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee, and an umpire appointed by the Visitor. (b) The decision of the Tribunal shall be final and shall not be questioned in any court. (c) No suit or proceeding shall lie in any court in respect of any matter, which is required by sub-section (1) to be referred to the Tribunal of Arbitration. (d) The Tribunal of Arbitration shall have power to regulate its own procedure: Provided that the Tribunal shall have regard to the principles of natural justice while making such procedure. (e) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section. (2) Any student or candidate for an examination whose name has been removed from the rolls of the Institute by the orders or resolution of the Director of the Institute and who has been debarred from appearing at the examinations of the Institute for more than one year, may within ten days of the date of receipt of such resolution by him, appeal to the Board who may confirm, modify or reverse the decision of the Director. (3) Any dispute arising out of any disciplinary action taken by the Institute against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-section (1) shall, as far as may be, apply to a reference made under this sub-section. (4) Every employee or student of the Institute, notwithstanding anything contained in this Act, have a right to appeal within such time as may be laid down by the Statutes, to the Board of Governors against the decision of any officer or authority of the Institute, as the case may be, and thereupon the Board may confirm, modify or reverse the decision appealed against. **36. Annual report of Director.—(1) There shall be attached to every statement of accounts laid** before the Board of each Institute, a report by its Director, with respect to— (a) the state of affairs of such Institute; (b) the amount, if any, which it proposes to carry forward to any surplus reserves in its balance sheet; 15 ----- (c) the extent to which understatement or overstatement of any surplus of income over expenditure or any shortfall of expenditure over income has been indicated in the auditor's report and the reasons for such understatement or overstatement; (d) the productivity of research projects undertaken by the Institute measured in accordance with such norms as may be specified by any statutory regulatory authority; (e) appointments of the officers and teachers of the Institute; (f) benchmark and internal standards set by the Institute, including the nature of innovations in teaching, research and application of knowledge. (2) The Director shall also be bound to give the complete information and explanation in its report on every reservation, qualification or adverse remark contained in the auditors' report. **37. Annual report of each Institute.—(1) The annual report of each Institute shall be prepared under** the direction of the Board, which shall include, among other matters, the steps taken by the Institute towards the fulfilment of its objects and an outcome based assessment of the research being undertaken in such Institute, and be submitted to the Board on or before such date as may be specified and the Board shall consider the report in its annual meeting. (2) The annual report as approved by the Board shall be published and placed on the website of the Institute. (3) The Board shall prepare and release for every year a report, in English and in Hindi, the working of the Institute in the previous year on or before the expiry of nine months from the close of financial year, and a copy of the same, together with an audited statement of accounts showing the income and expenditure for the previous year shall be submitted to the Central Government and the concerned State Government within that stipulated time, and the same may be caused to be laid before each House of Parliament and the concerned State Legislature. CHAPTER V CO-ORDINATION FORUM **38. Co-ordination Forum.—(1) In order that there may be better co-ordination among the Institutes,** the Central Government may, by notification in the Official Gazette, establish, with effect from such date as may be specified in the notification, a central body to be called the Co-ordination Forum for all the Institutes specified in column (5) of the Schedule. (2) The Co-ordination Forum shall consist of the following members, namely:— (i) the Minister in-charge of the Ministry or Department of the Central Government having administrative control of technical education, ex officio, as Chairperson; (ii) Secretary to the Government of India, in-charge of the Department of the Central Government having administrative control of technical education, ex officio; (iii) four Secretaries in-charge of department looking after Indian Institutes of Information Technology of State Governments in which the Institutes are located, to be nominated by the Chairperson of the Co-ordination Forum, by rotation for two years, ex officio; (iv) four Chairpersons of the Institutes, to be nominated by the Chairperson of the Co-ordination Forum, by rotation for two years; (v) the Directors of each of the Institutes, ex officio; (vi) four industry partners, to be nominated by the Chairperson of the Co-ordination Forum, not more than one from any Institute, by rotation every two years; (vii) three persons of eminence, of which at least one shall be a woman, in academia, industry or public service, to be nominated by the Co-ordination Forum; and (viii) one representative of All India Council of Technical Education: 16 ----- Provided that while nominating under clauses (iii), (iv) and (vi), care shall be taken to ensure representation of as many Institutes as possible by selecting Secretaries of State Governments, Chairpersons of the Institutes, and representatives of industry partners from the Board of different Institutes to the extent possible. (3) An officer of the Department of Higher Education, Government of India, not below the rank of Joint Secretary, concerned with technical education, _ex officio, to act as the Member-Secretary of the_ Co-ordination Forum. (4) The Co-ordination Forum may, at its discretion, constitute a Standing Committee of the Indian Institute of Information Technology Co-ordination Forum (Public-private Partnership) to assist the Co-ordination Forum in discharge of its duties and responsibilities. (5) The expenditure on the Co-ordination Forum shall be met by the resources pooled by all the Institutes governed by this Act. **39. Term of office and allowances payable to members of Co-ordination Forum.—(1) The term** of office of a member referred to in clause (viii) of sub-section (2) of section 38 shall be three years from the date of nomination. (2) The term of office of an ex officio member shall continue so long as the member holds the office by virtue of which he is a member. (3) While nominating members to the Co-ordination Forum under clauses (iii), (iv) and (vi) of sub-section (2) of section 38, the Chairperson of the Co-ordination Forum shall, to the extent possible, ensure maximum possible representation from each Institute. (4) The members of the Co-ordination Forum shall be entitled to travelling and such other allowances, as may be prescribed, for attending meetings of the Co-ordination Forum or its Committees thereof. **40. Functions and duties of Co-ordination Forum.—(1) The Co-ordination Forum shall facilitate** the sharing of experience, ideas and concerns with a view to enhancing the performance of all the Institutes. (2) Without prejudice to the provisions of sub-section (1), the Co-ordination Forum shall perform the following functions, namely:— (a) advise the Central Government to include a new institution or exclude an existing institution from the Schedule; (b) deliberate on such matters of common interest to Institutes as may be referred to it by any Institute; (c) promote necessary co-ordination and co-operation in the working of the Institutes; (d) recommend to the Central Government, the institution of scholarships including for research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens; and (e) perform such other functions as may be referred to it by the Central Government or any State Government: Provided that nothing in this section shall derogate the powers and functions vested by law in the Board or Senate or other authorities of each Institute. (3) The Chairperson of the Co-ordination Forum shall ordinarily preside at the meetings of the Co-ordination Forum and in the absence, the Secretary to the Government of India, in-charge of the Department of the Central Government having administrative control of technical education, shall preside at the meeting. (4) The Co-ordination Forum shall meet at least once in every year, or as and when deemed necessary by the Chairperson of the Co-ordination Forum, and follow such procedure in its meetings, as may be prescribed. 17 ----- CHAPTER VI MISCELLANEOUS **41. Power to make rules.—(1) The Central Government may, after previous publication, by** notification make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner in which the State Government shall submit proposal to the Central Government under sub-section (2) of section 11; (b) the investment proposal of capital in establishment of the Institute and the respective shares under sub-section (7) of section 11; (c) the travelling and other allowances payable to members of the Co-ordination Forum under sub-section (4) of section 39; (d) the procedure to be followed in the meetings of the Co-ordination Forum under sub-section (4) of section 40. **42. Acts and proceedings not to be invalidated by vacancies, etc.—No act of the Co-ordination** Forum, or any Institute or Board or Senate or any other body set up under this Act or the Statutes, shall be invalid merely by reason of— (a) any vacancy or defect in the constitution thereof; or (b) any irregularity in its procedure not affecting the merits of the case; or (c) any defect in the selection, nomination or appointment of a person acting as a member thereof. **43. Returns and information to be provided to Central Government or State Government.—(1)** The Institute shall furnish to the Central Government such returns or other information with respect to its policies or activities as the Central Government may, for the purpose of reporting to Parliament or for the making of policy, from time to time require. (2) The Institute, shall furnish to the State Government in which such Institute is located, such returns or other information with respect to its policies or activities as that Government may, for the purpose of reporting to the concerned State Legislature or for the making of policy, from time to time require. **44. Power of Central Government to issue directions.—The Institute shall carry out such directions** as may be issued to it from time to time by the Central Government for the efficient administration of this Act. **45. Institute to be public authority under Right to Information Act.—The provisions of the Right** to Information Act, 2005 (22 of 2005) shall apply to each Institute, as if it were a public authority defined in clause (h) of section 2 of the Right to Information Act, 2005. **46. Transitional provisions.—Notwithstanding anything contained in this Act—** (1) (a) the Board of every Institute functioning as such immediately before the commencement of this Act shall continue to function until a new Board is constituted for that Institute under this Act, but on the constitution of a new Board under this Act, the members of the Board holding office before such commencement of this Act shall cease to hold office; (b) every Senate constituted in relation to every Institute before the commencement of this Act shall be deemed to be the Senate constituted under this Act until a Senate is constituted under this Act for that Institute, but on the constitution of the new Senate under this Act, the members of the Senate holding office before the commencement of this Act shall cease to hold office; (c) rules, bye-laws and Ordinances of each existing Institute as in force, immediately, before the commencement of this Act, shall continue to apply in the corresponding institute in so far as they are not inconsistent with the provisions of this Act, until the first Statutes and Ordinances are made under this Act; 18 ----- (d) in case there are no such rules, bye-laws or Ordinances, the Statutes, Ordinances, rules and regulations of one of the existing centrally funded Indian Institutes of Information Technology as adopted by the Board of the concerned Institute, shall apply to the Institute in so far as they are not inconsistent with the provisions of the Act until the first Statutes and the Ordinances are made under this Act. (2) The Central Government may, without prejudice to the provisions of sub-section (1), if it considers necessary and expedient to do so, by notification, take such measures which may be necessary for the transfer of the existing Institute to the corresponding Institute mentioned under column (5) of the Schedule. **47. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of the period of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **48. Laying of rules, Statutes, Ordinances and notification.—Every rule, Statute, Ordinance made, and** every notification issued, by the Central Government under this Act, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, Statute, Ordinance or notification or both Houses agree that the rule, Statute, Ordinance or notification should not be made or issued, the rule, Statute, Ordinance or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, Statute, Ordinance or notification. 19 ----- Sl. No Name of the State THE SCHEDULE [See section 4(1)] Name of the existing institute Location Name of Institute Incorporated under this Act (1) (2) ( 3 ) (4) (5) 1. Andhra Pradesh Indian Institute of Information Technology, Sri City Chittoor, being a society registered under the Societies Registration Act, 1860 (21 of 1860) Indian Institute of Information Technology, Sri City, Chittoor. Indian Institute of Information Technology, Guwahati. Indian Institute of Information Technology, Bhagalpur.] Indian Institute of Information Technology, Vadodara. Indian Institute of Information Technology, Surat.] Indian Institute of Information Technology, Sonepat. Indian Institute of Information Technology, Una. Indian Institute of Information Technology, Ranchi. Indian Institute of Information Technology, Dharwad. 2. Assam Indian Institute of Information Technology, Guwahati, being a society registered under the Societies Registration Act, 1860 (21 of 1860) 1[2A Bihar Indian Institute of Information Technology, Bhagalpur being a society registered under the Societies Registration Act, 1860 (21 of 1860) 3. Gujarat Indian Institute of Information Technology, Vadodara, being a society registered under the Societies Registration Act, 1860 (21 of 1860) 1[3A Gujarat Indian Institute of Information Technology, Surat being a society registered under the Societies Registration Act, 1860 (21 of 1860) 4. Haryana Indian Institute of Information Technology, Sonepat, being a society registered under the Societies Registration Act, 1860 (21 of 1860 5. Himachal Pradesh Indian Institute of Information Technology, Sri City, Chittoor Indian Institute of Information Technology, Guwahati Indian Institute of Information Technology, Bhagalpur Indian Institute of Information Technology, Vadodara Indian Institute of Information Technology, Surat Indian Institute of Information Technology, Sonepat Indian Institute of Information Technology, Una Indian Institute of Information Technology, Ranchi Indian Institute of Information Technology, Dharwad 6. Jharkhand Indian Institute of Information Technology, Una, being a society registered under the Societies Registration Act, 1860 (21 of 1860) Indian Institute of Information Technology, Ranchi, being a society registered under the Societies Registration Act, 1860 (21 of 1860) 7. Karnataka Indian Institute of Information Technology, Dharwad, being a society registered under the Societies Registration Act, 1860 (21 of 1860) 1. Ins. by Act 28 of 2020, s. 3 (w.e.f. 10-10-2020). 20 ----- Sl. No Name of the State Name of the existing institute Location Name of Institute Incorporated under this Act (1) (2) ( 3 ) (4) (5) 1[7A. Karnataka Indian Institute of Information Technology, Raichur being a society registered under the Societies Registration Act, 1860 (21 of 1860) Indian Institute of Information Technology, Raichur.] Indian Institute of Information Technology, Kottayam. Indian Institute of Information Technology, Bhopal.] Indian Institute of Information Technology, Nagpur. Indian Institute of Information Technology, Pune. Indian Institute of Information Technology, Senapati. Indian Institute of Information Technology, Kota. Indian Institute of Information Technology, Tiruchirapalli. Indian Institute of Information Technology, Agartala.] Indian Institute of Information Technology, Lucknow. 8. Kerala Indian Institute of Information Technology, Kottayam, being a society registered under the Societies Registration Act, 1860 (21 of 1860) 1[8A Madhya Pradesh Indian Institute of Information Technology, Bhopal being a society registered under the Societies Registration Act, 1860 (21 of 1860) 9. Maharashtra Indian Institute of Information Technology, Nagpur, being a society registered under the Societies Registration Act, 1860 (21 of 1860) 10. Maharashtra Indian Institute of Information Technology, Pune, being a society registered under the Societies Registration Act, 1860 (21 of 1860) 11. Manipur 12. Rajasthan Indian Institute of Information Technology, Senapati, being a society registered under the Societies Registration Act, 1860 (21 of 1860) Indian Institute of Information Technology, Kota, being a society registered under the Societies Registration Act, 1860 (21 of 1860) Indian Institute of Information Technology, Raichur Indian Institute of Information Technology, Kottayam Indian Institute of Information Technology, Bhopal Indian Institute of Information Technology, Nagpur Indian Institute of Information Technology, Pune Indian Institute of Information Technology, Senapati Indian Institute of Information Technology, Kota Indian Institute of Information Technology, Srirangam, Tiruchirapalli Indian Institute of Information Technology, Agartala Indian Institute of Information Technology, Lucknow 13. Tamil Nadu Indian Institute of Information Technology, Tiruchirapalli, being a society registered under the Societies Registration Act, 1860 (21 of 1860) 1[13A Tripura Indian Institute of Information Technology, Agartala being a society registered under the Societies Registration Act, 1860 (21 of 1860) 14. Uttar Pradesh Indian Institute of Information Technology, Lucknow, being a society registered under the Societies Registration Act, 1860 (21 of 1860) 1. Ins. by Act 28 of 2020, s. 3 (w.e.f. 10-10-2020). 21 ----- Sl. No Name of the State Name of the existing institute Location Name of Institute Incorporated under this Act (1) (2) ( 3 ) (4) (5) 15. West Bengal Indian Institute of Information Technology, Kalyani, being a society registered under the Societies Registration Act, 1860 (21 of 1860) 22 Indian Institute of Information Technology, Kalyani Indian Institute of Information Technology, Kalyani. -----

23-Aug-2017

27

The Integrated Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2247/1/A2017-27.pdf

central

## THE INTEGRATED GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) ACT, 2017 _________ ARRANGEMENT OF SECTIONS ___________ SECTIONS ## 1. Short title and commencement. 2. Extension and amendment of Integrated Goods and Services Tax Act, 2017. 3. Repeal and saving. ----- ## THE INTEGRATED GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) ACT, 2017 # ACT NO. 27 OF 2017 ## [23rd August, 2017.] # An Act to provide for the extension of the Integrated Goods and Services Tax Act, 2017 to the State of Jammu and Kashmir*. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— **1. Short** **title and commencement.—(1) This Act may be called the Integrated Goods and Services Tax** (Extension to Jammu and Kashmir) Act, 2017. (2) It shall be deemed to have come into force on the 8th day of July, 2017. **2. Extension and amendment of Integrated Goods and Services Tax Act, 2017.—The Integrated Goods and** Services Tax Act, 2017 (13 of 2017) (hereinafter referred to as the principal Act) and all rules, notifications, schemes and orders made thereunder by the Central Government are hereby extended to, and shall be in force in, the State of Jammu and Kashmir*. (2) With effect from the date of commencement of this Act, in the principal Act, in section 1, in sub-section (2), the words “except the State of Jammu and Kashmir*” shall be omitted. **3. Repeal and saving.—(1) The Integrated Goods and Services Tax (Extension to Jammu and Kashmir) Ordinance** (Ord. 4 of 2017) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. -----

23-Aug-2017

26

The Central Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2246/1/a2017-26.pdf

central

# THE CENTRAL GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) ACT, 2017 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and commencement. 2. Extension and amendment of Central Goods and Services Tax Act, 2017. 3. Repeal and saving. 1 ----- # THE CENTRAL GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) ACT, 2017 ACT NO. 26 OF 2017 [23rd August, 2017.] # An Act to provide for the extension of the Central Goods and Services Tax Act, 2017 to the State of Jammu and Kashmir. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Central Goods and Services Tax** (Extension to Jammu and Kashmir) Act, 2017. (2) It shall be deemed to have come into force on the 8th day of July, 2017. **2.** **Extension and amendment of Central Goods and Services Tax Act, 2017.—(1)The Central** Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the principal Act) and all rules, notifications and orders made thereunder by the Central Government are hereby extended to, and shall be in force in, the State of Jammu and Kashmir*. (2) With effect from the date of commencement of this Act, in the principal Act,— (a) in section 1, in sub-section (2), the words “except the State of Jammu and Kashmir*” shall be omitted; (b) in section 22, in the Explanation, in clause (ii), after the word “Constitution”, the words “except the State of Jammu and Kashmir*” shall be inserted; (c) in section 109, in sub-section (6),— (i) after the words “each State or Union territory”, the words “except for the State of Jammu and Kashmir*” shall be inserted; (ii) in the first proviso, for the words “Provided that”, the following shall be substituted, namely:— “Provided that for the State of Jammu and Kashmir*, the State Bench of the Goods and Services Tax Appellate Tribunal constituted under this Act shall be the State Appellate Tribunal constituted under the Jammu and Kashmir Goods and Services Tax Act, 2017: Provided further that”; (iii) in the second proviso, for the words “Provided further that”, the words “Provided also that” shall be substituted. **3. Repeal and saving.—(1)** The Central Goods and Services Tax (Extension to Jammu and Kashmir) Ordinance, 2017 (Ord. 3 of 2017) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.. 2 -----

31-Dec-2017

33

The Indian Institute of Management Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2248/1/A201733.pdf

central

# THE INDIAN INSTITUTES OF MANAGEMENT ACT, 2017 ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration of certain institutions as institutions of national importance. 3. Definitions. CHAPTER II THE INSTITUTES 4. Incorporation of Institutes. 5. Effect of incorporation of Institutes. 6. Objects of Institutes. 7. Powers and functions of Institute. 8. Institutes to be open to all irrespective of sex, race, creed, caste or class. 9. Institute to be not-for-profit legal entity. CHAPTER III THE AUTHORITIES OF INSTITUTES 10. Board of Governors. 10A. Visitor. 11. Powers and functions of Board. 12. Term of office of, vacancies among, and allowances payable to members of Board. 13. Resignation of Chairperson. 14. Academic Council. 15. Power and functions of Academic Council. 16. Director. 17. [Omitted.]. 18. Custodian of records, etc. 19. Role of members of Society. 20. Committees and other authorities. CHAPTER IV ACCOUNTS AND AUDIT 21. Grants by Central Government. 22. Fund of Institute. 23. Accounts and audit. 24. Books of account to be maintained by Institute. 25. Appointment of auditors. 26. Annual report of Director. 27. Board to consider statement of accounts. 28. Annual report of Institute. CHAPTER V COORDINATION FORUM 29. Establishment of Coordination Forum. 30. Functions of Coordination Forum. 1 ----- CHAPTER VI MISCELLANEOUS SECTIONS 31. Acts and proceedings not to be invalidated by vacancies, etc . 32. Return and information to be provided to Central Government. 33. Institute to be public authority under Right to Information Act. 34. Power of Central Government to make rules. 35. Power to make regulations 36. Ordinances how made. 37. Rules and regulations to be laid before Parliament. 38. Power to remove difficulties. 39. Transitional provisions. THE SCHEDULE. 2 ----- # THE INDIAN INSTITUTES OF MANAGEMENT ACT, 2017 ACT NO. 33 OF 2017 [31st December, 2017.] # An Act to declare certain Institutes of management to be institutions of national importance with a view to empower these institutions to attain standards of global excellence in management, management research and allied areas of knowledge and to provide for certain other matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Indian Institutes of Management** Act, 2017. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. **2. Declaration of certain institutions as institutions of national importance.—Whereas the objects** of the Institutes mentioned in the Schedule are such as to make them institutions of national importance, it is hereby declared that each such Institute is an institution of national importance. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Academic Council” means the Academic Council referred to in section 14; (b) “Board”, in relation to any Institute, means the Board of Governors referred to in sub-section (1) of section 10; (c) “Chairperson” means the Chairperson of the Board of Governors of the Institutes appointed under clause (a) of sub-section (2) of section 10; (d) “Coordination Forum” means the Coordination Forum established under section 29; (e) “corresponding Institute”, in relation to an Institute mentioned in column (3) of the Schedule, means an Institute as specified against the said Institute in column (5); (f) [2][“Director” means] the Director of the Institute appointed under sub-section (2) of section 16; (g) “existing Institute” means any Institute mentioned in column (3) of the Schedule; (h) “Institute” means any Institute mentioned in column (5) of the Schedule; (i) “notification” means a notification published in the Official Gazette and the expression “notify” with its cognate meanings and grammatical variation shall be construed accordingly; (j) “Ordinances” means Ordinances made by the Academic Council under this Act; (k) “prescribed” means prescribed by rules made under this Act; (l) “regulations” means regulations made by the Board; (m) “Schedule” means the Schedule annexed to this Act; (n) “society” means any of the societies registered under the Societies Registration Act, 1860 (21 of 1860) or the Mysore Societies' Registration Act, 1960 (17 of 1960) or the Madhya Pradesh Societies Registration Act, 1973 (44 of 1973) or the Tamil Nadu Societies Registration Act, 1975 (27 of 1975) or the Jammu and Kashmir Societies Registration Act, 1998 (VI of 1998) mentioned in column (3) of the Schedule. 1. 31st January, 2018, _vide notification No. S.O. 149(E), dated 11th January, 2018,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 2. Subs. by Act 31 of 2019, s. 3 and the Second Schedule, for “Director”, means” (w.e.f. 8-8-2019) 3 ----- CHAPTER II THE INSTITUTES **4. Incorporation of Institutes.—(1) On and from the commencement of this Act, every existing** Institute shall be a body corporate by the same name as mentioned in column (5) of the Schedule. 1[(1A) On and from the date of commencement of the Indian Institutes of Management (Amendment) Act, 2023, the National Institute of Industrial Engineering, Mumbai, shall be called the ‘‘Indian Institute of Management, Mumbai’’ and all the provisions of this Act shall apply to the said Institute.] (2) Every Institute referred to in column (5) of the Schedule shall have perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. **5. Effect of incorporation of Institutes.—On and from the commencement of this Act,—** (a) any reference to an existing Institute in any contract or other instrument shall be deemed as a reference to the corresponding Institute; (b) all properties, movable and immovable, of or belonging to every existing Institute shall vest in the corresponding Institute; (c) all rights and debts and other liabilities of every existing Institute shall be transferred to, and be the rights and liabilities of, the corresponding Institute; (d) [2][every person, other than a Director employed by every existing Institute] immediately before such commencement shall hold his office or service in the corresponding Institute, with the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held had this Act not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee, or, if no provision is made therein in this behalf, on payment, to him by the Institute, of a compensation equivalent to three months' remuneration in case of permanent employee and one months' remuneration in the case of other employee: Provided further that any reference, by whatever form of words, to the Director, and other officers of an existing Institute under any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Director, and other officers of the corresponding Institutes; 3[Provided also that the provisions of the first proviso shall also be applicable to the Directors of the Institutes;] (e) every person pursuing, before commencement of this Act, any academic or research course in every existing Institute, shall be deemed to have migrated and registered with the corresponding Institute, on such commencement at the same level of course in the Institute from which such person migrated; (f) all suits and other legal proceedings instituted or which could have been instituted by or against an existing Institute, immediately before the commencement of this Act, shall be continued or instituted by or against the corresponding Institute. 3[Explanation.—For the removal of doubts, it is hereby clarified that in relation to the Indian Institute of Management, Mumbai, the reference to the following expressions in sections 4 and 5— (i) ‘‘On and from the commencement of this Act’’; 1. Ins. by Act 23 of 2023, s. 2, (w.e.f. 16-8-2023). 2. Sub. by s. 3, ibid., for “every person employed by every existing Institute” (w.e.f. 16-8-2023). 3. Ins. by s. 3, ibid, (w.e.f. 16-8-2023). 4 ----- (ii) ‘‘before such commencement’’; (iii) ‘‘before commencement of this Act’’; and (iv) ‘‘before the commencement of this Act’’, shall be construed as the reference to the date on which the provisions of the Indian Institutes of Management (Amendment) Act, 2023 comes into force.] **6. Objects of Institutes. —Each Institute shall have the following objects, namely:—** (a) to educate and support leaders who can contribute as professional managers, entrepreneurs, and stewards of existing and emerging enterprises in the private, public, and social sectors; (b) to carry out research, publication, consultancy and advisory work to advance new knowledge and innovation and to provide global leadership in management theory and practice: Provided that research so conducted shall also be directed towards such areas of study which shall enhance inclusive, equitable and sustainable national development goals as enshrined in the objects of the Act; (c) to provide management education of high quality and to promote allied areas of knowledge as well as interdisciplinary studies; (d) to sensitise management education to the vision of inclusive, equitable and sustainable national development goals in order to contribute holistically to Society; (e) to support and develop programmes promoting social and gender equity; (f) to develop educational programmes and faculties that advance the cause of education, teaching and learning, across disciplines; (g) to set-up centres for management studies and allied areas; (h) to support and collaborate with management institutions and other educational institutions in India; (i) to co-operate and collaborate with educational or management institutions in other countries to extend the interests of management education and research. **7. Powers and functions of Institute.—Subject to the provisions of this Act, every Institute shall** exercise the following powers and perform the following functions, namely:— (a) to carry out the administration and management of the Institutes; (b) to provide by regulations for the admission of candidates to the various courses of study in conformity with the laws for the time being in force; (c) to specify and conduct courses of study, training and research in management and allied subjects and document, and disseminate knowledge thereof; (d) to evolve innovative management education pedagogy aligned to dynamic global management practices; (e) to conduct examinations and to establish processes for evaluation and performance assessment through a fair and transparent system; (f) to grant degrees, diplomas and other academic distinctions or titles and to institute and award fellowships, scholarships, prizes and medals, honorary awards and other distinctions; (g) to lower the cost of education and to enhance the reach of the education by use of information and communication technology and other innovative methods; (h) to establish and maintain such infrastructure as may be necessary; 5 ----- (i) to determine, specify and receive payment of, fees and other charges as the Institute may deem fit, from students and any other person, institution or body corporate for instruction and other services, including training, consultancy and advisory services, provided by the Institute; (j) to acquire, hold and deal with the property belonging to or vested in the Institute, with the approval of the Board, and in case of immovable property, under prior intimation to the Central Government, for advancing the objects of the Institute subject to the condition that such property is not obtained wholly or partly from the State Government or the Central Government funds: Provided that where the land for the Institute has been provided free of cost by a State Government or the Central Government such land may be disposed of only with the prior approval of the Central Government; (k) to create academic, administrative, technical, ministerial and other posts under the Institute other than the post of Director of the Institute and to make appointments thereto; (l) to appoint committees for the disposal of any business of the Institute or for tendering advice in any matter pertaining to the Institute; _(m) to receive grants, gifts and contributions and to have custody of the funds including internally_ generated funds of the Institute to meet the expenses, including capital expenditure of the Institute including expenses incurred in the exercise of its powers and discharge of its functions; (n) to create partnership, affiliation and other classes of professional or honorary or technical membership or office as the Institute may consider necessary; (o) to perform such other functions as may be necessary for carrying out the objects of the Institutes; (p) to do all such things and activities, incidental to the attainment of all or any of the objects of the Institute. **8. Institutes to be open to all irrespective of sex, race, creed, caste or class.—(1) Every Institute** shall be open to all persons irrespective of sex, race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever. (2) No bequest, donation or transfer of any property shall be accepted by any Institute which in the opinion of the Board involves conditions or obligations opposed to the spirit and object of this section. (3) The admission to every academic course or programme of study in each Institute shall be based on merit assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such Institute: Provided that nothing in this section shall be deemed to prevent the Institute from making special provisions for the employment or admission of women, persons with disabilities or for persons belonging to any socially and educationally backward classes of citizens and, in particular, for the Scheduled Castes and the Scheduled Tribes: Provided further that every such Institute shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007). **9. Institute to be not-for-profit legal entity.—(1) Every Institute shall be a not-for-profit legal entity** and no part of the surplus, if any, in revenue of such Institute, after meeting all expenditure in regard to its operations under this Act, shall be invested for any purpose other than for the growth and development of such Institute or for conducting research therein. (2) Every Institute shall strive to raise funds for self-sufficiency and sustainability. 6 ----- CHAPTER III THE AUTHORITIES OF INSTITUTES **10. Board of Governors.—(1) The Board of Governors of each Institute shall be the principal** executive body of that Institute. (2) The Board of each Institute shall consist of the following members, namely:— (a) a Chairperson, from amongst eminent persons distinguished in the field of industry or education or science or technology or management or public administration or such other field, [1][to be nominated by the Visitor]; (b) one nominee of the Central Government having charge of the management education or his representative; (c) one nominee of the respective State Government or representative of such nominees, within whose territorial jurisdiction the Institute is located; (d) four eminent persons, of which at least one shall be a woman, distinguished in the field of education, industry, commerce, social service or public administration, to be nominated by the Board, having such experience and in such manner as may be specified by regulations; (e) two members from the faculty of respective Institutes to be nominated by the Chairperson, in the manner to be laid down by the Board by regulations; (f) one person from the Scheduled Castes or Scheduled Tribes to be nominated by the Board from amongst the members referred to in clauses (d), (e) and (g); (g) up to five persons to be co-opted by the Board from the alumni or the members of society of the existing Institute who have distinguished themselves in the field of management: Provided that out of such five persons, not more than one member shall be from the Society; (h) three women members to be nominated by the Board from amongst the members referred to in clauses (d), (e) and (g); (i) Director of the Institute, ex officio member. (3) The Board may nominate a person to fill up any temporary vacancy, of a member referred to in clauses (d) and (g) of sub-section (2), for a period which may extend to three months. (4) The Board shall designate an officer of the Institute to act as Secretary of the Board. (5) The Chairperson shall have the power to invite any number of experts, not being members of the Board, to attend meetings of the Board, but such invitees shall not be entitled to vote at the meeting. 2[(6) Notwithstanding anything contained in this section, if the Board is suspended or dissolved under such conditions or procedure as may be prescribed, the Central Government shall constitute an interim Board for a period of six months or till a regular Board is constituted as per the provisions of this Act.] 3[10A. **Visitor.— (1) The President of India shall be the Visitor of every Institute.** (2) The Visitor may appoint one or more persons to review the work and progress of any Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct. (3) The Board may also recommend to the Visitor, an inquiry as deemed proper against the Institute which has not been functioning in accordance with the provisions and objectives of this Act. 1. Subs. by Act 23 of 2023, s. 4, for “to be appointed by the Board” (w.e.f. 16-8-2023). 2. Ins. by s. 4, ibid. (w.e.f. 16-8-2023). 3. Ins. by s. 5, ibid. (w.e.f. 16-8-2023). 7 ----- (4) Upon receipt of any such report referred to in sub-section (2), the Visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the Institute shall be bound to comply with such directions.] **11. Powers and functions of Board.—(1) Subject to the provisions of this Act, the Board of every** Institute shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall have the power to frame or amend or modify or rescind the regulations governing the affairs of the Institute to achieve the objects of the Institute specified in section 6. (2) Without prejudice to the provisions of sub-section (1), the Board shall have the following powers, namely:— (a) to take decisions on questions of policy relating to the administration and working of the Institute; (b) to examine and approve the annual budget estimates of the Institute; (c) to examine and approve the plan for development of the Institute and to identify sources of finance for implementation of the plan; (d) to establish departments, faculties or schools of studies and initiate programmes or courses of study at the Institute; (e) to set-up centres of management studies and allied areas within the country under intimation to the Central Government; (f) to grant degrees, diplomas and other academic distinctions or titles, and to institute and award fellowships, scholarships, prizes and medals; (g) to confer honorary degrees in such manner as may be specified by the regulations; (h) to grant honorary awards and other distinctions; (i) to create academic, administrative, technical and other posts and to make appointments thereto: Provided that the cadre, the pay scales, allowances and term of employment of such posts shall be such as may be determined by the Central Government; (j) to determine, by regulations, the number and emoluments of such posts and to define the duties and conditions of services of the academic, administrative, technical and other staff; (k) to set-up centres of management studies and allied areas outside India in accordance with guidelines laid down by the Central Government from time to time and in accordance with the provisions of the laws for the time being in force in such foreign country; (l) to pay, variable pay to the Director of the Institute on the basis of performance objectives as may be specified by the regulations; (m) to specify by regulations, the fees to be charged for courses of study and examinations in the Institute; (n) to specify by regulations the manner of formation of department of teaching; (o) to specify by regulations the institution of fellowships, scholarships, exhibitions, medals and prizes; (p) to specify by regulations the qualifications, classification, terms of office and method of appointment of the academic, administrative, technical and other staff of the Institute; (q) to specify by regulations the constitution of pension, insurance and provident funds for the benefit of the academic, administrative, technical and other staff; (r) to specify by regulations, the establishment and maintenance of buildings; (s) to specify by regulations, the conditions of residence of students of the Institute and levying of fees for residence in the halls and hostels and of other charges; 8 ----- (t) to specify by regulations, the manner of authentication of the orders and decisions of the Board; (u) to specify by regulations, the quorum for meetings of the Board, the Academic Council or any Committee, and the procedures to be followed in the conduct of their business; (v) to specify by regulations, the financial accountability of the Institute; and (w) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the rules made thereunder. (3) Subject to the provisions of this Act, the Board may by regulations, delegate such powers and functions of the Board to the Director as it may deem fit. (4) The Board shall conduct an annual review of the performance of the Director, in the context of the achievements of objects of the Institute: Provided that such review shall include performance reviews of faculty members of the Institute on such parameters, periodicity and terms of reference as may be determined by the Board. (5) The Board shall, through an independent agency or group of experts, within a period of three years from the date of incorporation of the Institute, and thereafter at least once every three years, evaluate and review the performance of the Institutes, including its faculty, on the parameters of long term strategy and rolling plans of the Institutes and such other parameters as the Board may decide and the report of such review shall be placed in public domain. (6) The qualifications, experience and the manner of selection of the independent agency or group of experts, referred to in sub-section (5), shall be such as may be specified by regulations. (7) The report of the evaluation and review under sub-section (5) shall be submitted by the Board to the Central Government along with an action taken report thereon. (8) Where in the opinion of the Chairperson or the Director the situation is so emergent that an immediate decision need to be taken in the interest of the Institute, the Chairperson, in consultation with the Director may issue such orders as may be necessary, recording the grounds for his opinion: Provided that such orders shall be submitted for ratification by the Board in the next meeting. (9) The Board shall in the exercise of its power and discharge of its functions under this Act, be accountable to the Central Government. **12. Term of office of, vacancies among, and allowances payable to members of Board.—(1) Save** as otherwise provided in this section, the term of office of the Chairperson or any other member of the Board, other than an _ex officio_ member, shall be four years from the date of his appointment or nomination: Provided that the term of office of a member nominated under clause (e) of sub-section (2) of section 11 shall be two years from the date of his nomination: Provided further that the Chairperson, or any other member of the Board, other than an _ex officio_ member, may be appointed or nominated for a second term: Provided also that the Chairperson or any other member of the Board, other than an _ex officio_ member, shall not be appointed or nominated for more than two consecutive terms. 1[(1A) Notwithstanding anything contained in this section, an outgoing Member shall, unless the Board otherwise directs, continue in office until another person is appointed or nominated as a Member in his place.] (2) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member of the Board. 1. Ins. by Act 23 of 2023, s. 6 (w.e.f. 16-8-2023). 9 ----- (3) A member of the Board, other than a nominee of the Central Government or the State Government, who fails to attend three consecutive meetings of the Board without permission of the Chairperson, shall cease to be a member of the Board. (4) A casual vacancy of a member shall be filled up in accordance with the provisions of section 10. (5) The term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been so nominated. (6) Members of the Board shall be entitled to such allowances, as may be specified in the regulations, for attending meetings of the Board. (7) The Board shall meet at least once in every three months. **13. Resignation of Chairperson.—The Chairperson may, by notice in writing under his hand** addressed to the Board, resign from his office. **14. Academic Council.—(1) The Academic Council shall be the principal academic body of every** Institute, consisting of the following persons, namely:— (a) Director of the Institute, who shall be the Chairperson of the Academic Council; (b) Deans in charge of academics, research, student affairs and such other functions of the Institute; (c) Chairs of Areas or Programmes, Heads or Coordinators of Faculties or Schools or Centres or Departments, of the Institute; (d) all full time Faculty at the level of Professors and such number of other full time Faculty of the Institute as may be determined by the Board; (e) such members, by invitation of the Board on the recommendation of the Director, who are eminent in the fields of industry, finance, management, public administration and academics. (2) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member. (3) The term of office of a member nominated under clause (d) of sub-section (1) shall be two years from the date of his nomination. **15. Power and functions of Academic Council.—(1) The Academic Council shall perform the** following functions, namely:— (a) to specify the criteria and process for admission to courses or programmes of study offered by the Institute; (b) to specify the academic content of programmes and courses of study and undertake modifications therein; (c) to specify the academic calendar, guidelines for conduct of examination and recommend grant of degrees, diplomas and other academic distinctions or titles. (2) The Academic Council shall exercise such other powers and perform such other functions as may be conferred upon it, by this Act or the regulations or by the Board. **16. Director.—(1) The Director shall be the Chief Executive Officer of the Institute and shall** provide leadership to the Institute and be responsible for implementation of the decisions of the Board. (2) The Director shall be [1][appointed by the Board with prior approval of the Visitor, in such manner and subject to such terms] and conditions of service as may be prescribed. 1. Subs. by Act 23 of 2023, s. 7, for “appointed by the Board, on such terms” (w.e.f. 16-8-2023). 10 ----- 1[(3) The Director shall be appointed out of the panel of names recommended by a search-cum selection committee to be constituted by the Board consisting of— (a) the Chairperson of the Board, who shall be the Chairperson of the search-cum-selection committee; (b) one Member to be nominated by the Visitor; and (c) two Members chosen from amongst eminent administrators, industrialists, educationists, scientists, technocrats and management specialists. (3A) The procedure to be adopted for selection of the Director shall be such as may be prescribed.] (4) The Director shall exercise the powers and perform the duties as may be assigned to him under this Act or the regulations or as may be delegated to him by the Board: Provided that the Board may lay down the criteria to be followed by the Director while exercising powers and performing his duties, which shall be evaluated by the Board annually, and if the Board is of the opinion that such criteria has not been followed, then, the Board may, after giving an opportunity of being heard to the Director, initiate action for removal of such Director under sub-section (7). (5) The Director shall, except on account of resignation or removal, hold office for a term of five years, from the date on which he enters upon his office. (6) The Director may, by notice in writing under his hand addressed to the Board, through the Chairperson, resign his office at any time. (7) [2][The Board, with prior approval of the Visitor, may remove from office the Director]— (a) has been adjudged as an insolvent; or (b) has been convicted of an offence which, in the opinion of the Board, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Director; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Director; or (e) has so abused his position or so conducted himself as to render his continuance in office prejudicial to the public interest: Provided that the Director shall not be removed from office except by an order made by the Board, after an enquiry instituted by it in which the Director has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (8) Where the post of Director is likely to fall vacant on account of completion of tenure, the Board shall initiate the process of appointment nine months prior to the occurrence of such vacancy. (9) Where the post of Director falls vacant on account of any reason, the Board may appoint the senior-most faculty in the institution as the Director in charge till a regular Director is appointed: Provided that if the senior-most faculty is not willing to hold the post of Director in charge, then the next senior-most willing faculty may be appointed as Director in charge. 3[(10) The services of the Director may be terminated by the Visitor, in such manner as may be prescribed.] **17. [Initiation of inquiry].—Omitted by the Indian Institutes of Management (Amendment) Act, 2023** (23 of 2023), s. 8 (w.e.f. 11-08-2023). 1. Subs. by Act 23 of 2023, s. 7, for sub-section (3) (w.e.f. 16-8-2023). 2. Subs. by s. 7 ibid., for “The Board may remove from office the Director” (w.e.f. 16-8-2023). 3. Ins. by s. 7, ibid. (w.e.f. 16-8-2023). 11 ----- **18. Custodian of records, etc.—The Board may designate any officer or officers of the Institute as** the custodian of records, common seal, funds of the Institute and any other property of the Institute. **19. Role of members of Society.—The members of the societies referred to at serial numbers 2 and 3** under column (3) of the Schedule, may be engaged by the respective Boards of corresponding Institutes, for advisory assistance to it, by passing a resolution in that behalf. **20. Committees and other authorities.—(1) The Board may, constitute such committees and other** authorities of the Institute and specify the duties and functions of each such committees and authorities by regulations. (2) The Board may constitute such ad hoc committees as it may deem fit, for proper management of affairs of the Institute. CHAPTER IV ACCOUNTS AND AUDIT **21. Grants by Central Government.—For the purpose of enabling the Institutes to discharge their** functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to every Institute such sums of money in such manner as it may think fit. **22. Fund of Institute.—(1) Every Institute shall maintain a Fund to which shall be credited—** (a) all moneys provided by the Central Government; (b) all fees and other charges received by the Institute; (c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; (d) all moneys received by the Institute from utilisation of intellectual property arising from research conducted or rendering advisory or consultancy services by it; and (e) all moneys received by the Institute in any other manner or from any other source. (2) All moneys credited to the Fund of every Institute shall be deposited in such banks or invested in such manner as may be laid down by the Board by regulations. (3) Each Institute shall create a corpus fund for long term sustainability of the Institute, to which shall be credited such per cent. of the net income of the Institute and donations made specifically towards such corpus fund as the Central Government may in accordance with the provisions of the Income tax Act, 1961 (43 of 1961), notify: Provided that the Board may also create endowment funds for specific purposes to which donations may be specifically made. (4) The fund of any Institute shall be applied in such manner and for such purposes as may be specified by the regulations. **23. Accounts and audit.—(1) Every Institute shall maintain proper accounts including income and** expenditure statements, internal audit report and statement audited by internal auditor specifying investments and other relevant records and prepare annual statement of accounts including the balance sheet in such form and as per such accounting standard as may be specified by notification by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) Where the statement of income and expenditure and the balance sheet of the Institute do not comply with the accounting standards, the Institute shall disclose in its statement of income and expenditure and balance sheet, the following, namely:— (a) the deviation from the accounting standards; (b) the reasons for such deviation; and (c) the financial effect, if any, arising out of such deviation. 12 ----- (3) The accounts of every Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by audit team in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India. (4) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute. (5) The accounts of every Institute as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament in accordance with such procedure as may be laid down by the Central Government. **24. Books of account to be maintained by Institute.—Every Institute shall keep proper updated** books of account with respect to— (a) all sums of money received and expended by it and the matters in respect of which receipt and expenditure takes place; (b) the assets and liabilities of the Institute; (c) the properties, movable and immovable of the Institute. _Explanation.—For the purposes of this section, if books of account give a true and fair view of the_ state of affairs of the Institute and its transactions, it shall be deemed as proper books of account with respect to the matters specified therein. **25. Appointment of auditors.—(1) The Board of every Institute shall, prior to the end of every** financial year, and without prejudice to the provisions contained in the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971) or any other law for the time being in force containing provisions for audit of accounts by the Institutes, appoint such auditors including the internal auditor, on such remuneration as it thinks appropriate, to scrutinise the balance sheet and the statement of income and expenditure of such Institute: Provided that the Board shall change the auditors after every four years. (2) The Board of every Institute shall constitute an Audit Committee to provide an expert advice on effectiveness of internal control system, risk management and audit report to the Board. (3) The auditor appointed under sub-section (1) or any person employed by him shall not have any direct or indirect interest, whether pecuniary or otherwise, in any matter concerning or related to the administration or functions of the Institute. **26. Annual report of Director.—(1) There shall be attached to every statement of accounts laid** before the Board of each Institute under section 27, a report, by its Director, with respect to— (a) the state of affairs of such Institute; (b) the amounts, if any, which it proposes to carry to any surplus reserves in its balance sheet; (c) the extent to which understatement or overstatement of any surplus of income over expenditure or any shortfall of expenditure over income has been indicated in the auditor's report and the reasons for such understatement or overstatement; (d) the productivity of research projects undertaken by the Institute measured in accordance with such norms as may be specified by the Board; (e) appointments of the officers and faculty members of the Institute; (f) performance indicators and internal standards set by the Institute, including the nature of innovations in teaching, research and application of knowledge. 13 ----- (2) The report of the Director shall also include a statement showing the names of the five officers including faculty members and other employees of the Institute who received the highest remuneration (including allowances and other payments made to such employees) during the financial year and the contributions made by such employee during the financial year. (3) The statement referred to in sub-section (2) shall indicate whether any such employee is a relative of any member of the Board or Academic Council of the Institute and if so, the name of such member; and such other particulars as may be determined by the Board. (4) The Director shall also be bound to give the complete information and explanations in the report referred to in sub-section (1) on every reservation, qualification or adverse remark contained in the auditors' report. **27. Board to consider statement of accounts.—(1) The statement of accounts, including the balance** sheet and the statement of income and expenditure, the auditor's report, the report of the Director and other documents required to be annexed or attached with such statement, shall be brought before the Board of concerned Institute in its meeting not later than three months, from the conclusion of the financial year. (2) A copy of every statement of accounts referred to in sub-section (1) shall be sent to every member of the Board not less than twenty-one days before the date of the meeting. (3) The statement of accounts referred to in sub-section (1) shall on its approval by the Board, be published on the website of the Institute. **28. Annual report of Institute.—(1) The annual report of every Institute shall be prepared under the** directions of the Board, which shall include, among other matters, steps taken by the Institute towards the fulfilment of its objects and an outcome based assessment of the research being undertaken in such Institute. _Explanation.—For the purposes of this sub-section, the expression “outcome based assessment of_ research” shall mean an elaboration and analysis of the research conducted and the qualitative and quantitative outcomes of such research along with its impact factor and social outcomes. (2) The annual report prepared under sub-section (1) shall be submitted to the Board on or before such date as may be specified by the Board who shall consider the report in its meeting. (3) The annual report on its approval by the Board shall be published on the website of the Institute. (4) The annual report of each Institute shall be submitted to the Central Government who shall, as soon as may be, cause the same to be laid before both Houses of Parliament. CHAPTER V COORDINATION FORUM **29. Establishment of Coordination Forum.—(1) With effect from such date as the Central** Government may, by notification, specify in this behalf, there shall be established a Coordination Forum for all the Institutes. (2) The Coordination Forum shall consist of the following members, namely:— 1[(a) an eminent person to be nominated by the Visitor as Chairperson;] Provided that the Coordination Forum may select one of its members to act as the chairperson till the chairperson is appointed; (b) the Secretary to the Government of India, in charge of the Ministry or Department of the Central Government having administrative control of management education, member—ex officio; (c) two Secretaries in charge of management education of State Governments in which the Institutes are located, by rotation, each year, member—ex officio; 1. Subs. by Act 23 of 2023, s. 9, for clause (a) (w.e.f. 16-8-2023). 14 ----- 1[(d) the Chairperson of each Institute—Member, ex officio] (e) the Director of each Institute, member—ex officio; (f) five persons of eminence, of which at least one shall be a woman, in academia or public service, to be selected by a sub-committee constituted by the Coordination Forum. (3) The term of office of a member referred to in clause (f) of sub-section (2) shall be three years from the date of his nomination. (4) The non-official members of the Coordination Forum shall be entitled to such travelling and other allowances, as may be prescribed. (5) The Director of the host Institute where the meeting of the Coordination Forum takes place shall be the Member Secretary of the Coordination Forum and shall continue to be the Member-Secretary till a new host Institute is selected. **30. Functions of Coordination Forum.—(1) The Coordination Forum shall facilitate the sharing of** experiences, ideas and concerns with a view to enhancing the performance of all Institutes. (2) Without prejudice to the provisions of sub-section (1), the Coordination Forum shall perform the following functions, namely:— (a) recommend to the Central Government, the institution of scholarships including for research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens; (b) deliberate on such matters of common interest to Institutes as may be referred to it by any Institute; (c) promote necessary coordination and co-operation in the working of the Institutes; (d) review the achievement of policy objectives; and (e) perform such other functions as may be referred to it by the Central Government. (3) The Coordination Forum may constitute such committees as it may consider necessary for carrying out its functions under this section. (4) The Chairperson of the Coordination Forum shall ordinarily preside at the meetings of the Coordination Forum and in his absence, any other member chosen by the members present amongst themselves at the meeting, shall preside at the meeting. (5) The Coordination Forum shall submit a report on its functions under sub-section (2) to the Central Government. (6) The Coordination Forum shall meet at least once in a calendar year. (7) At each meeting of the Coordination Forum, the host institute, which would host the next meeting, shall be selected: Provided that no Institute shall host the meeting for more than two consecutive years. CHAPTER VI MISCELLANEOUS **31. Acts and proceedings not to be invalidated by vacancies, etc** .—No act of any Institute or the Board or the Academic Council or any other body set-up under this Act or the regulations, shall be invalid merely by reason of— (a) any vacancy or defect in the constitution thereof; or (b) any irregularity in its procedure not affecting the merits of the case; or (c) any defect in the selection, nomination or appointment of a person acting as a member thereof. 1. Subs. by Act 23 of 2023, s. 9, for clause (d) (w.e.f. 16-8-2023). 15 ----- **32. Return and information to be provided to Central Government.—Every Institute shall furnish** to the Central Government such returns or other information with respect to its policies or activities as the Central Government may, for the purpose of reporting to the Parliament or for the making of policy, from time to time, require. **33. Institute to be public authority under Right to Information Act.—(1) The provisions of the Right** to Information Act, 2005 (22 of 2005) shall apply to each Institute, including Institutes established in publicprivate partnership, as if it were a public authority established by notification issued or order made under clause (h) of section 2 of the Right to Information Act, 2005. (2) A copy of every notification proposed to be issued or order to be made under the Act referred to in sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or order or both Houses agree in making any modification in the notification or order, the notification or order shall not be issued or made, as the case may be, shall be issued or made only in such modified form as may be agreed upon by both the Houses. **34. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules, for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 1[(a) the conditions and the procedure subject to which the Board may be suspended or dissolved under sub-section (6) of section 10; (aa) such other powers and duties of the Board under clause (w) of sub-section (2) of section 11;] (b) the term and conditions of service of the Director under sub-section (2) of section 16; 2 [(ba) the procedure to be adopted for selection of the Director under sub-section (3A) of section 16; (bb) the manner of termination of services of the Director under sub-section (10) of section 16;] (c) the travelling and such other allowances payable to the members of the Coordination Forum for attending its meetings or its Committees under sub-section (4) of section 29; (d) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the Central Government by rules. **35. Power to make regulations.—(1) The Board may, by notification, make regulations not** inconsistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) tenure, remuneration and terms and conditions of employees of existing Institute under clause (d) of section 5; (b) admission of candidates to the various courses of study under clause (b) of section 7; (c) the manner of nominating the members from the faculty of respective Institutes under clause (e) of sub-section (2) of section 10; (d) the conferment of honorary degrees under clause (g) of sub-section (2) of section 11; (e) the number of posts, emoluments and the duties and conditions of service of the academic, administrative, technical and other staff under clause (j) of sub-section (2) of section 11; 1. Subs. by Act 23 of 2023, s. 10, for clause (a) (w.e.f. 16-8-2023). 2. Ins. by ibid, s. 10, (w.e.f. 16-8-2023). 16 ----- (f) determine performance objectives on the basis of which variable pay may be paid to the Director under clause (i) of sub-section (2) of section 11; (g) to specify by regulations, the fees to be charged for course of study and examinations in the Institute under clause (m) of sub-section (2) of section 11; (h) the manner of formation of Departments of teaching under clause (n) of sub-section (2) of section 11; (i) the institution of fellowships, scholarships, exhibitions, medals and prizes under clause (o) of sub-section (2) of section 11; (j) the qualifications, classification, terms of office and method of appointment of the academic, administrative, technical and other staff of the Institute under clause (p) of sub-section (2) of section 11; (k) the constitution of pension, insurance and provident funds for the benefit of the academic, administrative, technical and other staff under clause (q) of sub-section (2) of section 11; (I) the establishment and maintenance of buildings under clause (r) of sub-section (2) of section 11; (m) the conditions of residence of students of the Institute and levying of fees for residence in the halls and hostels and of other charges under clause (s) of sub-section (2) of section 11; (n) the manner of authentication of the orders and decisions of the Board under clause (t) of sub-section (2) of section 11; (o) the meetings of the Board, the Academic Council or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business under clause (u) of sub-section (2) of section 11; (p) the financial accountability of the Institute under clause (v) of sub-section (2) of section 11; (q) delegate such powers and functions of the Board to the Director under sub-section (3) of section 11; (r) the qualifications, experience and the manner of selection of the independent agency or group of experts under sub-section (5) of section 11; (s) allowances of the members of the Board for attending meetings under sub-section (6) of section 12; (t) such other powers and functions of the Academic Council under sub-section (2) of section 15; (u) the powers and duties of the Director under sub-section (4) of section 16; (v) constitution of such committees and other authorities of the Institute and their duties and functions under sub-section (1) of section 20; (w) the manner of depositing or investing the moneys credited to the Fund of every Institute under sub-section (2) of section 21; (x) the manner of application of the Fund of the Institute under sub-section (4) of section 21; and (y) any other matter which is to be or may be, specified by regulations. **36. Ordinances how made.—(1) Save as otherwise provided in this section, [1][Ordinances] shall be** made by the Academic Council. (2) Subject to the provisions of this Act and the rules and regulations made thereunder, the Ordinances of every Institute may provide for all or any of the following matters, namely:— (a) the admission of students to the Institute; (b) the courses of study to be laid down for all degrees and diplomas of the Institute; 1. Subs. by Act 31 of 2019, s. 3 and the Second Schedule, for “Ordinance” (w.e.f. 8-8-2019). 17 ----- (c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the Institute, and shall be eligible for degrees and diplomas; (d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; (e) the conditions and model of appointment and duties of examining bodies, examiners and moderators; (f) the conduct of examinations; (g) the maintenance of discipline among the students of the Institute; and (h) any other matter which is to be or may be provided for by the Ordinances. (3) All Ordinances made by the Academic Council shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next meeting. (4) The Board shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. **37. Rules and regulations to be laid before Parliament.—Every rule made by the Central Government** and the first regulation made by the Board under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation shall not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **38. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of the period of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **39. Transitional provisions.—(1) Notwithstanding anything contained in this Act:—** (a) the Board of every Institute functioning as such immediately before the commencement of this Act shall continue to so function until a new Board is constituted for that Institute under this Act, but on the constitution of a new Board under this Act, the members of the Board holding office before such constitution shall cease to hold office; (b) every Academic Council or Faculty Council, as the case may be, constituted in relation to every Institute before the commencement of this Act shall be deemed to be the Academic Council constituted under this Act until an Academic Council is constituted under this Act for that Institute, but on the constitution of the new Academic Council under this Act, the members of the Academic Council or Faculty Council, as the case may be, holding office before such constitution shall cease to hold office; (c) until the first regulations are made under this Act, the rules, and bye-laws of each Institute as in force, immediately before the commencement of this Act shall continue to apply to the Institute in so far as they are not inconsistent with the provisions of this Act. 1[(d) the Board of National Institute of Industrial Engineering, Mumbai, functioning as such immediately before the commencement of the Indian Institutes of Management (Amendment) Act, 1. Ins. by Act 23 of 2023, s. 11 (w.e.f. 16-8-2023). 18 ----- 2023 shall continue to so function until a new Board is constituted for that Institute under this Act, but on such constitution of a new Board under this Act, the Members of the Board holding office before such constitution shall cease to hold office; (e) the Academic Council constituted in relation to National Institute of Industrial Engineering, Mumbai, before the commencement of the Indian Institutes of Management (Amendment) Act, 2023 shall continue to so function until a new Academic Council is constituted for that Institute under this Act, but on the constitution of a new Academic Council under this Act, the Academic Council of the National Institute of Industrial Engineering, Mumbai shall cease to function; (f) until the first regulations in relation to National Institute of Industrial Engineering, Mumbai are made under this Act, the rules and bye-laws of the National Institute of Industrial Engineering, Mumbai as in force immediately before the commencement of the Indian Institutes of Management (Amendment) Act, 2023 shall continue to apply to the National Institute of Industrial Engineering, Mumbai with necessary modifications and adaptations insofar as they are not inconsistent with the provisions of this Act.] (2) The Central Government may, without prejudice to the provisions of this Act, if it considers so necessary and expedient, by notification, take such measures, which may be necessary for the smooth transfer of the existing Institute to the corresponding Institute. 19 ----- THE SCHEDULE [See section 4(1)] Sl. No. Name of the State Name of the existing Institute Location Name of Institute incorporated under this Act (1) (2) (3) (4) (5) 1. West Bengal Indian Institute of Management Calcutta, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 2. Gujarat Indian Institute of Management Ahmedabad, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 3. Karnataka Indian Institute of Management Bangalore, a Society registered under the Mysore Societies' Registration Act, 1960 (17 of 1960). 4. Uttar Pradesh Indian Institute of Management Lucknow, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 5. Madhya Pradesh Indian Institute of Management Indore, a Society registered under the Madhya Pradesh Societies Registration Act, 1973 (44 of 1973). 6. Kerala Indian Institute of management Kozhikode, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 7. Meghalaya Rajiv Gandhi Indian Institute of Management Shillong, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 20 Kolkata Indian Institute of Management, Calcutta. Ahmedabad Indian Institute of Management, Ahmedabad. Bengaluru Indian Institute of Management, Bangalore. Lucknow Indian Institute of Management, Lucknow. Indore Indian Institute of Management, Indore. Kozhikode Indian Institute of Management, Kozhikode. Shillong Indian Institute of Management, Shillong. ----- (1) (2) (3) (4) (5) 8. Haryana Indian Institute of Management Rohtak, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 9. Jharkhand Indian Institute of Management Ranchi, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 10. Chhattisgarh Indian Institute of Management Raipur, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 11. Tamil Nadu Indian Institute of Management Tiruchirappalli, a Society registered under the Tamil Nadu Societies Registration Act, 1975. 12. Uttarakhand Indian Institute of Management Kashipur, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 13. Rajasthan Indian Institute of Management Udaipur, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 14. Punjab Indian Institute of Mangement Amritsar, a Society resigtered under the Societies Registration Act, 1860 (21 of 1860). 15. Himachal Pradesh Indian Institute of H.P. Management Sirmaur, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 16. Odisha Indian Institute of Management Sambalpur, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 21 Rohtak Indian Institute of Management, Rohtak. Ranchi Raipur Indian Institute of Management, Ranchi. Indian Institute of Management, Raipur. Tiruchirappalli Indian Institute of Management, Tiruchirappalli. Kashipur Indian Institute of Management, Kashipur. Udaipur Indian Institute of Management, Udaipur. Amritsar Indian Institute of Management, Amritsar. Sirmaur Indian Institute of Management, Sirmaur. Sambalpur Indian Institute of Management, Sambalpur. ----- (1) (2) (3) (4) (5) 17. Andhra Pradesh Indian Institute of Management Visakhapatnam, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 18. Maharashtra Indian Institute of Management Nagpur, a Society Registered under the Societies Registration Act, 1860 (21 of 1860). 19. Bihar Indian Institute of Management Bodhgaya, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 20. Jammu and Kashmir Indian Institute of Management Jammu, a Society registered under the Jammu and Kashmir Societies Registration Act, 1998 (VI of 1998.) 1[21. Maharashtra National Institute of Industrial Engineering, Mumbai, a Society registered under the Societies Registration Act, 1860 (21 of 1860). 1. Ins. by Act 23 of 2023, s. 12 (w.e.f. 16-8-2023). 22 Visakhapatnam Indian Institute of Management, Visakhapatnam. Nagpur Indian Institute of Management, Nagpur. Bodhgaya Indian Institute of Management, Bodhgaya. Jammu Indian Institute of Management, Jammu. Mumbai Indian Institute of Management, Mumbai.] -----

5-Jan-2018

04

The Repealing and Amending (Second) Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2434/3/A2018-04.pdf

central

# THE REPEALING AND AMENDING (SECOND) ACT, 2017 _________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title. 2. Repeal of certain enactments. 3. Amendment of certain enactments. 4. Savings. THE FIRST SCHEDULE. THE SECOND SCHEDULE . 1 ----- # THE REPEALING AND AMENDING (SECOND) ACT, 2017 ACT NO. 4 OF 2018 [5th January, 2018.] # An Act to repeal certain enactments and to amend certain other enactments. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— **1. Short title.—This Act may be called the Repealing and Amending (Second) Act, 2017.** **2. Repeal of certain enactments.—The enactments specified in the First Schedule are hereby** repealed. **3. Amendment of certain enactments.—The enactments specified in the Second Schedule are** hereby amended to the extent and in the manner mentioned in the fourth column thereof. **4. Savings.—The repeal by this Act of any enactment shall not affect any other enactment in which** the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. 2 ----- THE FIRST SCHEDULE (See section 2) REPEALS Year Act No. Short title 1 2 3 **_Central Acts_** 1850 XXI The Caste Disabilities Removal Act, 1850. 1857 VII The Madras Uncovenanted Officers Act, 1857. 1857 XXI The Howrah Offences Act, 1857. 1859 XII The Calcutta Pilots Act, 1859. 1862 III The Government Seal Act, 1862. 1873 XVI The North-Western Provinces Village and Road Police Act, 1873. 1875 XX The Central Provinces Laws Act, 1875. 1876 XIX The Dramatic Performances Act, 1876. 1879 XIV The Hackney-carriage Act, 1879. 1879 XIX The Raipur and Khattra Laws Act, 1879. 1881 XIII The Fort William Act, 1881. 1882 XXI The Madras Forest (Validation) Act, 1882. 1883 X The Bikrama Singh's Estates Act, 1883. 1886 XXI The Oudh Wasikas Act, 1886. 1888 III The Police Act, 1888. 1888 VIII The Indian Tolls Act, 1888. 1893 II The Porahat Estate Act, 1893. 1895 XV The Government Grants Act, 1895. 1897 VIII The Reformatory Schools Act, 1897. 1911 X The Prevention of Seditious Meetings Act, 1911. 1912 VII The Bengal, Bihar and Orissa and Assam Laws Act, 1912. 1917 XXV The Sir Currimbhoy Ebrahim Baronetcy (Amendment) Act, 1917. 1921 XVII The Cattle-trespass (Amendment) Act, 1921. 1931 XX The Sheriff of Calcutta (Powers of Custody) Act, 1931. 3 ----- Year Act No. Short title 1 2 3 1932 XI The Public Suits Validation Act, 1932. 1932 XXIV The Bengal Suppression of Terrorist Outrages (Supplementary) Act, 1932. 1938 XX The Criminal Law Amendment Act, 1938. 1941 IV The Berar Laws Act, 1941. 1942 XVIII The Weekly Holidays Act, 1942. 1943 XXIII The War Injuries (Compensation Insurance) Act, 1943. The Trading with the Enemy (Continuance of Emergency Provisions) Act, 1947 XVI 1947. 1948 26 The Junagadh Administration (Property) Act, 1948. 1949 51 The Requisitioned Land (Apportionment of Compensation) Act, 1949. 1949 61 The Professions Tax Limitation (Amendment and Validation) Act, 1949. 1950 IV The Preventive Detention Act, 1950. 1950 L The Preventive Detention (Amendment) Act, 1950. 1950 67 The Cooch-Behar (Assimilation of Laws) Act, 1950. 1951 3 The Part B States (Laws) Act, 1951. 1951 IV The Preventive Detention (Amendment) Act, 1951. 1951 51 The Railway Companies (Emergency Provisions) Act, 1951. 1951 66 The Part C States (Miscellaneous Laws) Repealing Act, 1951. 1951 70 The Displaced Persons (Debts Adjustment) Act, 1951. 1952 1 The Part B States Marriages Validating Act, 1952. 1952 XXXIV The Preventive Detention (Amendment) Act, 1952. 1952 LXI The Preventive Detention (Second Amendment) Act, 1952. 1954 4 The Abducted Persons (Recovery and Restoration) Amendment Act, 1954. 1954 7 The Government of Part C States (Amendment) Act, 1954. 1954 15 The Transfer of Evacuee Deposits Act, 1954. 1954 20 The Absorbed Areas (Laws) Act, 1954. 1954 36 The Chandernagore (Merger) Act, 1954. 1954 51 The Preventive Detention (Amendment) Act, 1954. 4 ----- Year Act No. Short title 1 2 3 1955 19 The Commanders-in-Chief (Change in Designation) Act, 1955. 1955 30 The Abducted Persons (Recovery and Restoration) Continuance Act, 1955. 1956 4 The Bar Councils (Validation of State Laws) Act, 1956. 1956 50 The Indian Cotton Cess (Amendment) Act, 1956. 1956 65 The Abducted Persons (Recovery and Restoration) Continuance Act, 1956. 1956 88 The Representation of the People (Miscellaneous Provisions) Act, 1956. 1956 97 The Delhi Tenants (Temporary Protection) Act, 1956. 1957 32 The Forward Contracts (Regulation) Amendment Act, 1957. 1957 37 The Legislative Councils Act, 1957. 1957 54 The Preventive Detention (Continuance) Act, 1957. 1959 24 The Pharmacy (Amendment) Act, 1959. 1960 31 The Tripura Municipal Law (Repeal) Act, 1960. 1960 47 The Bilaspur Commercial Corporation (Repeal) Act, 1960. 1960 48 The Mahendra Pratab Singh Estates (Repeal) Act, 1960. 1960 53 The Tripura Excise Law (Repeal) Act, 1960. 1962 62 The Emergency Risks (Goods) Insurance Act, 1962. 1962 63 The Emergency Risks (Factories) Insurance Act, 1962. 1963 29 The Institutes of Technology (Amendment) Act, 1963. 1963 56 The Delhi Development (Amendment) Act, 1963. 1964 23 The Delhi (Delegation of Powers) Act, 1964. 1965 50 The Goa, Daman and Diu (Absorbed Employees) Act, 1965. 1967 16 The Anti-Corruption Laws (Amendment) Act, 1967. 1969 41 The International Monetary Fund and Bank (Amendment) Act, 1969. 1971 65 The Asian Refractories Limited (Acquisition of Undertaking) Act, 1971. The Uttar Pradesh Cantonments (Control of Rent and Eviction) (Repeal) 1971 68 Act, 1971. 1972 36 The Coking Coal Mines (Nationalisation) Act, 1972. 1973 26 The Coal Mines (Nationalisation) Act, 1973. 1975 19 The All-India Services Regulations (Indemnity) Act, 1975. 5 ----- Year Act No. Short title 1 2 3 The Assam Sillimanite Limited (Acquisition and Transfer of Refractory 1976 22 Plant) Act, 1976. The Parliamentary Proceedings (Protection of Publication) Repeal Act, 1976 28 1976. 1976 76 The National Library of India Act, 1976. 1976 89 The Indian Iron and Steel Company (Acquisition of Shares) Act, 1976. The Braithwaite and Company (India) Limited (Acquisition and Transfer of 1976 96 Undertakings) Act, 1976. 1977 16 The Disputed Elections (Prime Minister and Speaker) Act, 1977. The Smith, Stainstreet and Company Limited (Acquisition and Transfer of 1977 41 Undertakings) Act, 1977. The Gresham and Craven of India (Private) Limited (Acquisition and 1977 42 Transfer of Undertakings) Act, 1977. The Hindustan Tractors Limited (Acquisition and Transfer of 1978 13 Undertakings) Act, 1978. The Bolani Ores Limited (Acquisition of Shares) and Miscellaneous 1978 42 Provisions Act, 1978. 1979 12 The Punjab Excise (Delhi Amendment) Act, 1979. The Bengal Chemical and Pharmaceutical Works Limited (Acquisition and 1980 58 Transfer of Undertakings) Act, 1980. 1983 35 The Dangerous Machines (Regulation) Act, 1983. 1984 39 The Punjab Municipal (New Delhi Amendment) Act, 1984. The Aluminium Corporation of India Limited (Acquisition and Transfer of 1984 43 Aluminium Undertaking) Act, 1984. The Bengal Immunity Company Limited (Acquisition and Transfer of 1984 57 Undertakings) Act, 1984. 1985 80 The Customs (Amendment) Act, 1985. The Brentford Electric (India) Limited (Acquisition and Transfer of 1987 36 Undertakings) Act, 1987. 1993 24 The National Thermal Power Corporation Limited, the National Hydroelectric Power Corporation Limited and the North-Eastern Electric Power Corporation Limited(Acquisition and Transfer of Power Transmission Systems) Act, 1993. The Neyveli Lignite Corporation Limited (Acquisition and Transfer of 1994 56 Power Transmission System) Act, 1994. The Delhi Development Authority (Validation of Disciplinary Powers) Act, 1999 6 1998. 1999 8 The Customs (Amendment) Act, 1998. 1999 49 The Copyright (Amendment) Act, 1999. 6 ----- Year Act No. Short title 1 2 3 2000 20 The Direct-tax Laws (Miscellaneous) Repeal Act, 2000. 2000 48 The Forfeiture (Repeal) Act, 2000. 2001 33 The Influx from Pakistan (Control) Repealing (Repeal) Act, 2001. 2001 36 The Indian Universities (Repeal) Act, 2001. 2001 37 The Auroville (Emergency Provisions) Repeal Act, 2001. 2001 41 The Central Sales Tax (Amendment) Act, 2001. The Two-Member Constituencies (Abolition) and other Laws Repeal Act, 2001 47 2001. 2002 57 The Mysore State Legislature (Delegation of Powers) Repeal Act, 2002. 2002 65 The Countess of Dufferin's Fund (Repeal) Act, 2002. The Prevention of Food Adulteration (Extension to Kohima and 2002 66 Mokokchung Districts) Repeal Act, 2002. 2002 70 The Refugee Relief Taxes (Abolition) Repeal Act, 2002. 2003 2 The Cable Television Networks (Regulation) Amendment Act, 2002. 2005 38 The Displaced Persons Claims and other Laws Repeal Act, 2005. 2005 44 The Immigration (Carriers' Liability) Amendment Act, 2005. 2006 3 The Central Sales Tax (Amendment) Act, 2005. The National Commission for Minority Educational Institutions 2006 18 (Amendment) Act, 2006. 2006 24 The Cess Laws (Repealing and Amending) Act, 2006. 2006 29 The Taxation Laws (Amendment) Act, 2006. The Spirituous Preparations (Inter-State Trade and Commerce) Control 2006 32 (Repeal) Act, 2006. 2006 46 The Produce Cess Laws (Abolition) Act, 2006. 2006 49 The Indian Rifles (Repeal) Act, 2006. 2007 24 The Mizoram University (Amendment) Act, 2007. 2007 39 The Competition (Amendment) Act, 2007. 2008 25 The Central Universities Laws (Amendment) Act, 2008. 2009 39 The Competition (Amendment) Act, 2009. 7 ----- Year Act No. Short title 1 2 3 The National Commission for Minority Educational Institutions 2010 20 (Amendment) Act, 2010. 2010 33 The Jharkhand Panchayat Raj (Amendment) Act, 2010. 2012 27 The Copyright (Amendment) Act, 2012. The Central Educational Institutions (Reservation in Admission) 2012 31 Amendment Act, 2012. **_Ordinances made by the Governor-General_** 1941 VII The War Injuries Ordinance, 1941. 1942 XX The Collective Fines Ordinance, 1942. 1942 XLI The Armed Forces (Special Powers) Ordinance, 1942. 1944 XXI The Public Health (Emergency Provisions) Ordinance, 1944. 1945 XXIV The War Gratuities (Income-tax Exemption) Ordinance, 1945. 1945 XXX The Secunderabad Marriage Validating Ordinance, 1945. 1946 II The Bank Notes (Declaration of Holdings) Ordinance, 1946. 1946 VI The Criminal Law Amendment Ordinance, 1946. 1946 X The Termination of War (Definition) Ordinance, 1946. _____________ 8 ----- THE SECOND SCHEDULE (See section 3) AMENDMENTS Year Act No. Short title Amendments 1 2 3 4 1951 69 The Plantations Labour Act, 1951 In section 43, sub-section (4) shall be omitted. 2016 2 The Juvenile Justice (Care and Protection of Children) Act, 2015 The Rights of Persons with 2016 49 Disabilities Act, 2016 _________________ 9 In section 69, in sub-section (2), for the words, brackets and letters "mentioned at (d) to (f)", the words, brackets, letters and figure "mentioned at clauses (d) to (f) of sub-section (1)" shall be substituted. In section 76, after the word, brackets and letter, "clause (b)", the words, brackets and figure "of sub-section (1)" shall be inserted -----

5-Jan-2018

02

The Repealing and Amending Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2432/3/A2018-02.pdf

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# THE REPEALING AND AMENDING ACT, 2017 _________ ARRANGEMENT OF SECTIONS ________ ## SECTIONS 1. Short title. 2. Repeal of certain enactments. 3. Amendment of certain enactments. 4. Savings. ### THE FIRST SCHEDULE. THE SECOND SCHEDULE. ## 1 ----- # THE REPEALING AND AMENDING ACT, 2017 ACT NO. 2 OF 2018 An Act to repeal certain enactments and to amend certain other enactments. ### [5th January, 2018.] ## BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— 1. Short title.—This Act may be called the Repealing and Amending Act, 2017. 2. Repeal of certain enactments.—The enactments specified in the First Schedule are hereby repealed to the extent mentioned in the fourth column thereof. 3. Amendment of certain enactments.—The enactments specified in the Second Schedule are hereby amended to the extent and in the manner mentioned in the fourth column thereof. 4. Savings.—The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. 2 ----- ### THE FIRST SCHEDULE (See section 2) REPEALS Year No. Short title Extent of repeal 1 2 3 4 1850 XXXVII The Public Servants (Inquiries) Act, 1850 The whole. 1852 VIII The Sheriffs' Fees Act, 1852 The whole. 1866 XXI The Converts' Marriage Dissolution Act, 1866 The whole. 1867 I The Ganges Tolls Act, 1867 The whole. 1892 II The Marriages' Validation Act, 1892 The whole. 1897 I The Public Servants (Inquiries) Amendment Act, 1897 The whole. 1897 V The Repealing and Amending Act, 1897 The whole. 1897 XIV The Indian Short Titles Act, 1897 The whole. 1899 XXIII The Church of Scotland Kirk Sessions Act, 1899 The whole. 1901 XI The Amending Act, 1901 The whole. 1903 I The Amending Act, 1903 The whole. 1928 XII The Hindu Inheritance (Removal of Disabilities) Act, 1928 The whole. 1929 XXI The Transfer of Property (Amendment) Supplementary Act, 1929 So much as is not repealed. 1934 XXVII The Assam Criminal Law Amendment (Supplementary) Act, 1934 The whole. 1935 XIII The Jubbulpore and Chhattisgarh Divisions (Divorce Proceedings Validation) Act, 1935 The whole. 1936 V The Decrees and Orders Validating Act, 1936 The whole. 1936 XVI The Bangalore Marriages Validating Act, 1936 The whole. 1938 XI The Hindu Women's Right to Property (Amendment) Act, 1938 The whole. 1939 XXIX The Indian Tariff (Fourth Amendment) Act, 1939 The whole. 1946 XXII The Mica Mines Labour Welfare Fund Act, 1946 The whole. 1948 XL The Indian Matrimonial Causes (War Marriages) Act, 1948 The whole. 1948 LI The Imperial Library (Change of Name) Act, 1948 The whole. 1950 XXXIII The Opium and Revenue Laws (Extension of Application) Act, 1950 The whole. 1951 I The Code of Criminal Procedure (Amendment) Act, 1951 So much as is not repealed. 1951 II The Code of Civil Procedure (Amendment) Act, 1951 So much as is not repealed. 1953 11 The Administration of Evacuee Property (Amendment) Act, 1953 The whole. 1954 3 The Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Amendment Act, 1953 The whole. 1954 42 The Administration of Evacuee Property (Amendment) Act, 1954 The whole. 1955 26 The Code of Criminal Procedure (Amendment) Act, 1955 So much as is not repealed. 1956 7 The Sales-Tax Laws Validation Act, 1956 The whole. 1956 27 The Representation of the People (Second Amendment) Act, 1956 The whole. 1956 66 The Code of Civil Procedure (Amendment) Act, 1956 So much as is not repealed. 1956 70 The Ancient and Historical Monuments and Archaeological Sites and Remains The whole. (Declaration of National Importance) Amendment Act, 1956 ## 3 ----- 1 2 3 4 1956 91 The Administration of Evacuee Property (Amendment) Act, 1956 The whole. 1956 93 The Young Persons (Harmful Publications) Act, 1956 The whole. 1956 100 The Motor Vehicles (Amendment) Act, 1956 The whole. 1959 37 The Central Excises and Salt (Amendment) Act, 1959 So much as is not repealed. 1959 41 The Criminal Law (Amendment) Act, 1959 So much as is not repealed. 1959 48 The Miscellaneous Personal Laws (Extension) Act, 1959 The whole. 1959 59 The Mineral Oils (Additional Duties of Excise and Customs) Amendment Act, 1959 So much as is not repealed. 1959 61 The Married Women's Property (Extension) Act, 1959 The whole. 1960 2 The Displaced Persons (Compensation and Rehabilitation) Amendment Act, 1960 So much as is not repealed. 1960 5 The Motor Vehicles (Amendment) Act, 1960 So much as is not repealed. 1960 19 The Hindu Marriages (Validation of Proceedings) Act, 1960 The whole. 1960 38 The Central Excises (Conversion to Metric Units) Act, 1960 So much as is not repealed. 1960 40 The Customs Duties and Cesses (Conversion to Metric Units) Act, 1960 So much as is not repealed. 1960 57 The British Statutes (Application to India) Repeal Act, 1960 The whole. 1966 47 The Representation of the People (Amendment) Act, 1966 So much as is not repealed. 1969 46 The Punjab Legislative Council (Abolition) Act, 1969 The whole. 1971 20 The Bengal Finance (Sales Tax) (Delhi Validation of Appointments and The whole. Proceedings) Act, 1971 1971 54 The Coal Bearing Areas (Acquisition and Development) Amendment and The whole. Validation Act, 1971 1972 62 The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 The whole. 1976 91 The Delhi Sales Tax (Amendment and Validation) Act, 1976 The whole. 1980 63 The Code of Criminal Procedure (Amendment) Act, 1980 So much as is not repealed. 1981 30 The Cine-workers Welfare Cess Act, 1981 The whole. 1983 20 The Delegated Legislation Provisions (Amendment) Act, 1983 The whole. 1984 1 9 The Government of Union Territories (Amendment) Act, 1984 So much as is not repealed. 1985 37 The Tea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 The whole. 1985 81 The Banking Laws (Amendment) Act, 1985 So much as is not repealed. 1986 6 The Additional Duties of Excise (Textiles and Textile Articles) Amendment Act, 1985 The whole. 1986 7 The Additional Duties of Excise (Goods of Special Importance) Second Amendment The whole. Act, 1985 1986 8 The Customs Tariff (Amendment) Act, 1985 The whole. 1986 19 The Administrative Tribunals (Amendment) Act, 1986 So much as is not repealed. 1986 46 The Taxation Laws (Amendment and Miscellaneous Provisions) Act, 1986 The whole. 1999 29 The Contingency Fund of India (Amendment) Act, 1999 The whole. ## 4 ----- 1 2 3 4 1999 31 The Securities Laws (Amendment) Act, 1999 The whole. 1999 32 The Securities Laws (Second Amendment) Act, 1999 The whole. 1999 45 The Vice-President's Pension (Amendment) Act, 1999 The whole. 2000 14 The President's Emoluments and Pension (Amendment) Act, 2000 The whole. 2000 49 The Protection of Human Rights (Amendment) Act, 2000 The whole. 2001 12 The Colonial Prisoners Removal (Repeal) Act, 2001 The whole. 2001 19 The Industrial Disputes (Banking Companies) Decision (Repeal) Act, 2001 The whole. 2001 22 The Judicial Administration Laws (Repeal) Act, 2001 The whole. 2001 24 The Indian Railway Companies (Repeal) Act, 2001 The whole. 2001 25 The Railway Companies (Substitution of Parties in Civil Proceedings) Repeal Act, 2001 The whole. 2001 26 The Hyderabad Export Duties (Validation) Repeal Act, 2001 The whole. 2001 50 The Code of Criminal Procedure (Amendment) Act, 2001 The whole. 2002 21 The St. John Ambulance Association (India) Transfer of Funds (Repeal) Act, 2002 The whole. 2002 22 The Code of Civil Procedure (Amendment) Act, 2002 The whole. 2002 23 The Vice-President's Pension (Amendment) Act, 2002 The whole. 2002 28 The National Institute of Pharmaceutical Education and Research (Amendment) Act, 2002 The whole. 2002 59 The Securities and Exchange Board of India (Amendment) Act, 2002 The whole. 2002 68 The North-Eastern Council (Amendment) Act, 2002 The whole. 2003 25 The Customs Tariff (Amendment) Act, 2003 The whole. 2003 31 The Prevention of Insults to National Honour (Amendment) Act, 2003 The whole. 2004 7 The Uttar Pradesh Reorganisation (Amendment) Act, 2003 The whole. 2004 28 The Special Tribunals (Supplementary Provisions) Repeal Act, 2004 The whole. 2004 29 The Unlawful Activities (Prevention) Amendment Act, 2004 The whole. 2005 1 The Securities Laws (Amendment) Act, 2004 The whole. 2005 5 The Central Excise Tariff (Amendment) Act, 2004 The whole. 2005 31 The Hire-purchase (Repeal) Act, 2005 The whole. 2005 51 The Prevention of Insults to National Honour (Amendment) Act, 2005 The whole. 2006 10 The Khadi and Village Industries Commission (Amendment) Act, 2006 The whole. 2006 20 The Delhi Special Police Establishment (Amendment) Act, 2006 The whole. 2006 30 The Union Duties of Excise (Electricity) Distribution Repeal Act, 2006 The whole. 2006 43 The Protection of Human Rights (Amendment) Act, 2006 The whole. 2006 51 The Jallianwala Bagh National Memorial (Amendment) Act, 2006 The whole. 2007 1 The Administrative Tribunals (Amendment) Act, 2007 The whole. 2007 16 The Taxation Laws (Amendment) Act, 2007 Sections 9 to 11. 2007 19 The National Institute of Pharmaceutical Education and Research (Amendment) Act, 2007 The whole. 2007 27 The Securities Contracts (Regulation) Amendment Act, 2007 The whole. 2008 28 The President's Emoluments and Pension (Amendment) Act, 2008 The whole. 2008 29 The Vice-President's Pension (Amendment) Act, 2008 The whole. 2008 35 The Unlawful Activities (Prevention) Amendment Act, 2008 The whole. 2009 1 The Governors (Emoluments, Allowances and Privileges) Amendment Act, 2008 The whole. ## 5 ----- ## THE SECOND SCHEUDULE (See section 3) AMENDMENTS ### Year No. Short title Amendments 1 2 3 4 ### 2007 29 The National Institutes of Technology, Science Education and Research Act, 2007 2009 27 The Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009 2009 35 The Right of Children to Free and Compulsory Education Act, 2009 ## 6 ### In clause (d) of section 3, the words "as the case may be" shall be omitted. In sub-section (1) of section 1, for the word and figures "Bill, 2009", the word and figures "Act, 2009" shall be substituted. In section 1, for the marginal heading, the marginal heading "Short title, extent, application and commencement" shall be substituted. -----

5-Jan-2018

03

The Indian Institute of Petroleum and Energy Act, 2017

https://www.indiacode.nic.in/bitstream/123456789/2433/1/A2018-03.pdf

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# THE INDIAN INSTITUTE OF PETROLEUM AND ENERGY ACT, 2017 _________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title and commencement. 2. Declaration of Indian Institute of Petroleum and Energy as an institution of national importance. 3. Definitions. 4. Incorporation of Institute. 5. Constitution of Board of Governors. 6. Term of office of, vacancies among, and allowances payable to, members of Board. 7. Vesting of properties. 8. Effect of incorporation of Institute. 9. Functions of Institute. 10. Powers of Board. 11. Institute to be open to all races, creeds and classes. 12. Teaching at the Institute. 13. Visitor. 14. Authorities of Institute. 15. Constitution of General Council. 16. Powers and functions of General Council. 17. Senate. 18. Functions of Senate. 19. President of Board. 20. Director. 21. Registrar. 22. Powers and duties of other authorities and officers. 23. Grants by Central Government. 24. Fund of Institute. 25. Setting-up of endowment fund. 26. Budget of Institute. 27. Accounts and audit 28. Annual report. 29. Pension, provident fund, etc. 30. Authentication of orders and instruments of Institute. 31. Appointment. 32. Statutes. 33. Statutes how made. 34. Ordinances. 35. Ordinances how made. 36. Conduct of business by authorities of Institute. 37. Tribunal of Arbitration. 38. Acts and proceedings not to be invalidated by vacancies. 39. Grant of degrees, etc., by Institute. 40. Sponsored schemes. 41. Control by Central Government. 42. Resolution of differences. 43. Power to remove difficulties. 44. Transitional provisions. 45. Statutes, Ordinances and notifications to be published in the Official Gazette and to be laid before Parliament. 1 ----- # THE INDIAN INSTITUTE OF PETROLEUM AND ENERGY ACT, 2017 ACT NO. 3 OF 2018 [5th January, 2018.] # An Act to declare the institution known as the Indian Institute of Petroleum and Energy to be an institution of national importance and to provide for its incorporation and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Indian Institute of Petroleum and** Energy Act, 2017. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. **2. Declaration of India Institute of Petroleum and Energy as an institution of national** **importance.—Whereas the objects of the institution known as the Indian Institute of Petroleum and** Energy, Vishakhapatnam, Andhra Pradesh are such as to make the institution one of national importance, it is hereby declared that the institution known as the Indian Institute of Petroleum and Energy is an institution of national importance. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the date appointed under sub-section (2) of section 1 for coming into force of this Act; (b) “Board” means the Board of Governors of the Institute constituted under sub-section (1) of section 5; (c) “Chairperson” means the Chairperson of the General Council; (d) “Director” means the Director of the Institute appointed under section 20; (e) “fund” means the fund of the Institute to be maintained under section 24; (f) “General Council” means the General Council constituted under sub-section (1) of section 15; (g) “Institute” means the Indian Institute of Petroleum and Energy incorporated under section 4; (h) “President” means the President of the Board appointed under clause (a) of sub-section (1) of section 5; (i) “Registrar” means the Registrar of the Institute referred to in section 21; (j) “Senate” means the Senate of the Institute referred to in section 17; (k) “Society” means the Indian Institute of Petroleum and Energy Society, Vishakhapatnam, Andhra Pradesh registered under the Andhra Pradesh Societies Registration Act, 2001 (Andhra Pradesh Act 35 of 2001); and (l) “Statutes” and “Ordinances” mean, respectively, the Statutes and the Ordinances of the Institute made under this Act. **4. Incorporation of Institute.—The Indian Institute of Petroleum and Energy, Vishakhapatnam,** Andhra Pradesh, an institution registered under the Andhra Pradesh Societies Registration Act, 2001, shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue and be sued. 1. 22nd January, 2018, _vide_ notification No. S.O. 272(E), dated 17[th] January, 2018, _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 2 ----- **5. Constitution of Board of Governors.—(1) With effect from such date as the Central** Government may, by notification in the Official Gazette, appoint, there shall be constituted by the Central Government for the purposes of this Act, a Board to be known as the Board of Governors consisting of the following members, namely:— (a) the President to be appointed by the Central Government in such manner as may be provided by the Statutes: Provided that the first President shall be appointed by the Central Government on such terms and conditions as it deems fit, for a period not exceeding six months from the date the first Statutes comes into force; (b) the Director of the Institute, ex officio; (c) two persons from the Board of Directors of the promoting companies to be nominated by the Central Government. _Explanation.—For the purposes of this clause, promoting companies mean those companies_ contributing to the endowment fund referred to in section 25; (d) one Professor of the Indian Institute of Science, Bangalore to be nominated by the Director of that Institute; (e) five eminent experts in the field of petroleum technology, renewable and non-renewable energy covering the entire hydrocarbon value chain having specialised knowledge or operational experience in respect of education, research, engineering and technology to be nominated by the General Council, in consultation with the Director of the Institute; ( f) two Professors of the Institute to be nominated by the Senate of the Institute; and (g) one representative of the graduates of the Institute to be nominated by the Executive Committee of the Alumni Association. (2) The Registrar of the Institute shall act as the Secretary of the Board. (3) The Board shall ordinarily meet four times during a calendar year. **6. Term of office of, vacancies among, and allowances payable to, members of Board.—(1)** Save as otherwise provided in this section, the term of office of the President or any other member of the Board, other than _ex officio_ members, shall be three years from the date of his appointment or nomination thereto. (2) An ex officio member shall cease to be a member of the Board as soon as he vacates the office by virtue of which he is a member of the Board. (3) The term of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated. (4) Notwithstanding anything contained in this section, an outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is nominated as a member in his place. (5) The members of the Board shall be entitled to such allowances, if any, from the Institute, as may be provided for in the Statutes, but no member other than the member referred to in clause (f) of section 5 shall be entitled to any salary. **7. Vesting of properties.—On and from the appointed day and subject to the other provisions of** this Act, all properties which had vested in the Society immediately before that day, shall, on and from that day, vest in the Institute. **8. Effect of incorporation of Institute.—On and from the appointed day,—** (a) any reference to the Society in any contract or other instrument shall be deemed as a reference to the Institute; (b) all the rights and liabilities of the Society shall be transferred to, and be the rights and liabilities of, the Institute. 3 ----- **9. Functions of Institute.—The Institute shall perform the following functions, namely:—** (i) nurture and promote quality and excellence in education and research in the area of petroleum and hydrocarbons and energy; (ii) provide for programmes and courses of instruction and research leading to the award of the Bachelors, Masters and Doctoral degrees in engineering and technology, management, sciences and arts in the area of petroleum and hydrocarbons and energy; (iii) grant, subject to such conditions as the Institute may determine, degrees, diplomas, certificates or other academic distinctions or titles at various academic levels to candidates who have attained the prescribed standard of proficiency as judged on the basis of examination or on any other basis of testing and evaluation and to withdraw any such degrees, diplomas, certificates or other academic distinctions or titles for good and sufficient reasons; (iv) confer honorary degrees or other distinctions and to institute and award fellowships, scholarships, exhibitions, prizes and medals; (v) lay down standards of admission to the Institute through an examination or any other method of testing and evaluation; (vi) manage the content, quality, design and continuous evaluation of its academic and research programmes in a manner that earns accreditation of an international stature; (vii) promote research and development for the benefit of oil, gas and petrochemical industry and the energy sector through the integration of teaching and research; (viii) foster close educational and research interaction through networking with national, regional and international players in the oil, gas and petrochemical industry and the energy sector; (ix) co-operate with educational and research institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars, conduct of joint research, undertaking sponsored research and consultancy projects, etc; (x) organise national and international symposia, seminars and conferences in the area of petroleum and hydrocarbons and energy; (xi) establish, maintain and manage halls, residences and hostels for students and to lay down conditions for residing in the halls and hostels; (xii) supervise, control and regulate the discipline of all categories of employees of the Institute and to make arrangements for promoting their health and general welfare; (xiii) supervise and regulate the discipline of students and to make arrangements for promoting their health, general welfare and cultural and corporate life; (xiv) frame Statutes and to alter, modify or rescind the same; (xv) deal with any property belonging to or vested in the Institute in such manner as the Institute may deem fit for advancing its objects; (xvi) receive gifts, grants, donations or benefactions from the Central Government and the State Governments and to receive bequests, donations, grants and transfers of movable or immovable properties from testators, donors, transferors, alumni, industry or any other person; (xvii) borrow money for the purposes of the Institute with or without security of the property of the Institute; (xviii) integrate new technology in the classroom to encourage student-centric learning strategies and the development of an attitude for learning; (xix) develop and maintain an information resource centre of print and non-print knowledge resources in the field of petroleum sector covering the entire hydrocarbon value chain as well as other related areas of energy, science and technology; (xx) provide for further education to the working professionals and other employees of the Institute in the advanced areas of technology relating to oil, gas, complete hydrocarbon value chain and energy; 4 ----- (xxi) offering customised programmes that serve the current and ongoing needs of working professionals for continuing education at the cutting-edge of petroleum and energy sector at the campus of the Institute or at company site; (xxii) encouraging industry to sponsor their staff to join the Institute for higher degrees and work on problems that interest the sponsoring industry thus helping develop deeper interactions and a research environment in the industry; (xxiii) fostering the creation of new basic knowledge and applied technology and its active transmission to companies for the benefit of the nation and for this purpose establishing an Intellectual Property Rights cell to patent the new developments made at the Institute and to license them nationally and internationally; (xxiv) being proactive in supporting the skill development programmes of the Government of India by training people in various related areas by way of certificate and diploma courses at the campus of the Institute or at other locations and involving industry in design and conduct of curricula; (xxv) giving broad focus to the functioning of the Institute in the area of petroleum and petroleum related technologies under the wide umbrella of energy; and (xxvi) doing all such things, not specifically covered above, as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute. **10. Powers of Board.—(1) Subject to the provisions of this Act, the Board shall be responsible for** the general superintendence, direction and control of the affairs of the Institute and shall exercise all the powers not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate. (2) Without prejudice to the provisions of sub-section (1), the Board shall— (a) take decisions on questions of policy relating to the administration and working of the Institute; (b) lay down policy regarding the duration of the courses, nomenclature of the degrees and other distinctions to be conferred by the Institute; (c) institute courses of study and to lay down standards of proficiency and other academic distinctions in respect of the courses offered by the Institute; (d) lay down policy regarding the cadre structure, qualification, the method of recruitment and conditions of service of the teaching and research faculty as well as other employees of the Institute; (e) guide resource mobilisation of the Institute and to lay down policies for investment; (f) consider and approve proposals for taking loans for purposes of the Institute with or without security of the property of the Institute; (g) frame Statutes and to alter, modify or rescind the same; (h) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the Institute for the next financial year as it thinks fit together with a statement of its development plans; (i) create academic, administrative, technical and other posts and to make appointments thereto and to provide avenues for their growth and development; (j) examine and approve the development plans of the Institute and the financial implications of such plans; (k) examine and approve the annual operation and capital budget estimates of Institute for the next financial year and to sanction expenditure within the limits of the approved budget; (l) receive gifts, grants, bequests, donations or benefactions and transfer of movable or immovable properties from the Central Government and the State Governments and from testators, donors, or transferors, as the case may be, and to have custody of the funds of the Institute; (m) fix, demand and receive fees and other charges; 5 ----- (n) to sue and defend all legal proceedings on behalf of the Institute; and (o) do all such things as may be necessary, incidental or conducive to the attainment of all or any of the aforesaid powers. (3) The Board shall have the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act. (4) The Board shall have the power to establish campus and academic centres at any place within or outside India: Provided that no campus or academic centre shall be established outside India without the prior approval of the Central Government. (5) Notwithstanding anything contained in section 4, the Board shall not dispose of in any manner, any immovable property of the Institute without prior approval of the Central Government. (6) The Board may, through a specific resolution to this effect, delegate any of its powers and duties to the President, Director, any officer or any authority of the Institute subject to reserving the right to review the action that may be taken under such delegated authority. **11. Institute to be open to all races, creeds and classes.—(1) The Institute shall be open to** persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting students, appointing teachers or employees or in any other connection whatsoever. (2) No bequest, donation or transfer of any property shall be accepted by the Institute which in the opinion of the Board involves conditions or obligations opposed to the spirit and object of this section. **12. Teaching at the Institute.—All teaching and other academic activities at the Institute shall be** conducted by or in the name of the Institute in accordance with the Statutes and the Ordinances made in this behalf. **13. Visitor.—(1) The President of India shall be the Visitor of the Institute.** (2) The Visitor may appoint one or more persons to review the work and progress of the Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct. (3) Upon receipt of any such report, the Visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the Institute shall be bound to comply with such directions. **14. Authorities of Institute.—The following shall be the authorities of the Institute, namely:—** (a) the General Council; (b) the Board of Governors; (c) the Senate; and (d) such other authorities as may be declared by the Statutes to be the authorities of the Institute. **15. Constitution of General Council.—(1) With effect from such date as the Central Government** may, by notification in the Official Gazette, appoint, there shall be constituted, for the purposes of this Act, a body to be known as the General Council. (2) The General Council shall consist of the following members, namely:— (a) the Secretary, Ministry of Petroleum and Natural Gas in the Central Government, ex officio, who shall be the Chairperson; (b) the Chairman, Indian Oil Corporation Limited, ex officio; (c) the Chairman and Managing Director, Hindustan Petroleum Corporation Limited, ex officio; (d) the Chairman and Managing Director, Oil and Natural Gas Corporation, ex officio; 6 ----- (e) the Chairman and Managing Director, Gas Authority of India Limited, ex officio; (f) the Director General of Hydrocarbons, ex officio; (g) the Principal Advisor (Energy), NITI Aayog, ex officio; (h) the Executive Director, Oil Industry Safety Directorate, ex officio; (i) the Director, Indian Institute of Science, Bangalore, ex officio; (j) the Director, Indian Institute of Chemical Technology, Hyderabad, ex officio; (k) the Secretary, Oil Industry Development Board, ex officio; (l) the President of the Board, ex officio; (m) the Director of the Institute, ex officio; and (n) persons, not less than two but not exceeding four, representing the private entities in the field of petroleum sector operating in the country, to be nominated by the Chairperson. (3) The Registrar of the Institute shall be the ex officio Secretary of the General Council. (4) The Chairperson shall have the power to invite any person who is not a member of the General Council to attend its meeting but such invitee shall not be entitled to vote. **16. Powers and functions of General Council.—Subject to the provisions of this Act, the** General Council shall have the following powers and functions, namely:— (a) review from time to time the broad policies and programmes of the Institute and to suggest measures for the improvement, development and expansion of the Institute thereof; (b) consider the annual statement of accounts including a balance-sheet together with the audit report thereto and the observations of the Board of Governors thereon and to suggest improvements in fiscal management of the Institute; (c) review and evaluate overall quality and effectiveness of the Institute and to advise measures for improvement of performance and for confidence-building between the Institute and its stakeholders; (d) provide credibility, aura, connectivity and contacts for the Institute especially with regard to student placement and resource mobilisation; (e) advise the Institute and its Board in respect to new cutting edge areas of technology in the domain of energy and hydrocarbon development including oil, gas, renewable and non-renewable energy, etc., that the Institute needs to pursue, as well as in respect of any other matter referred to it by the Board for advice; and (f) advise the Institute and its Board in respect of the advanced areas of technology in the field of petroleum sector covering the entire hydrocarbon value chain as well as in respect of any other matter that may be referred to it for advice by the Board. **17. Senate.—The Senate of the Institute shall be the principal academic body and its** composition shall be such as may be provided by the Statutes. **18. Functions of Senate.—Subject to the provisions of this Act, the Statutes and the Ordinances,** the Senate shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the Institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. **19. President of Board.—(1) The President shall ordinarily preside at the meetings of the Board** and at the Convocations of the Institute. (2) It shall be the duty of the President to ensure that the decisions taken by the Board are implemented. (3) The President shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes. 7 ----- **20. Director.—(1) The Director of the Institute shall be appointed by the Central Government in** such manner and on such terms and conditions as may be provided by the Statutes: Provided that the first Director shall be appointed by the Central Government on such terms and conditions as it deems fit, for a period not exceeding one year from the date the first Statutes come into force. (2) The Director shall be the principal academic and executive officer of the Institute and shall be responsible for the proper administration and academic performance of the Institute and for imparting of instruction and maintenance of discipline therein. (3) The Director shall submit annual reports and accounts to the Board. (4) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act, the Statutes or the Ordinances. **21. Registrar.—(1) The Registrar of the Institute shall be appointed in such manner and on such** terms and conditions as may be provided by the Statutes and shall be the custodian of records, the common seal, the funds of the Institute and such other property of the Institute as the Board shall commit to his charge. (2) The Registrar shall act as the Secretary of the General Council, the Board, the Senate and such committees as may be provided by the Statutes. (3) The Registrar shall be responsible to the Director for the proper discharge of his functions. (4) The Registrar shall exercise such other powers and perform such other duties as may be assigned to him by this Act, the Statutes or by the Director. **22. Powers and duties of other authorities and officers.—The powers and duties of authorities** and officers, other than those hereinbefore mentioned, shall be determined by the Statutes. **23. Grants by Central Government.—For the purpose of enabling the Institute to discharge its** functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Institute such sums of money and in such manner as it may think fit. **24. Fund of Institute.—(1) The Institute shall maintain a fund to which shall be credited—** (a) all moneys provided by the Central Government; (b) all fees and other charges; (c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the Institute in any other manner or from any other source. (2) All moneys credited to the fund shall be deposited in such banks or invested in such manner as may be decided by the Board. (3) The fund shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its duties under this Act. **25. Setting-up of endowment fund.—Notwithstanding anything contained in section 24, the** Institute may,— (a) set-up an endowment fund and any other fund for a specified purpose; and (b) transfer money from its fund to the endowment fund or any other fund. **26. Budget of Institute.—The Institute shall prepare, in such form and at such time every year, a** budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of the Institute and shall forward to the Central Government such number of copies thereof as may be provided by the Statutes. **27. Accounts and audit.—(1) The Institute shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts, including the balance-sheet, in such form as may 8 ----- be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute. (4) The accounts of the Institute as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **28. Annual report.—The Institute shall prepare for every year a report of its activities during that** year and submit the report to the Central Government in such form and on or before such date as may be provided by the Statutes and a copy of this report shall be laid before both Houses of Parliament within one month of its receipt. **29. Pension, provident fund, etc.—(1) The Institute shall constitute for the benefit of its** employees, including the Director, such pension, insurance and provident fund scheme as it deems fit, in such manner and subject to such conditions as may be provided by the Statutes. (2) Where any such provident fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund as if it were a Government provident fund. **30. Authentication of orders and instruments of Institute.—All orders and decisions of the** Institute shall be authenticated by the Director or any other member authorised by the Institute in this behalf and all other instruments shall be authenticated by the signature of the Director or such officers as may be authorised by the Institute. **31. Appointment.—All appointments of the staff of the Institute, except that of the Director shall** be made in accordance with the procedure laid down in the Statutes,— (a) by the Board, if the appointment is made on the academic staff in the post of Assistant Professor or above or if the appointment is made on the non-academic staff in any cadre, the maximum of the pay scale for which is the same or higher than that of Assistant Professor; and (b) by the Director, in any other case. **32. Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the** following matters, namely:— (a) the formation of departments of teaching and other academic units; (b) the institution of fellowships, scholarships, exhibitions, medals and prizes; (c) the classification of posts, term of office, method of appointment, powers and duties and other terms and conditions of service of the officers of the Institute including the President, the Director, the Registrar, and such other officers as may be declared as officers of the Institute by the Statutes; (d) the classification, the method of appointment and the determination of the terms and conditions of service of officers, teachers and other staff of the Institute; (e) the reservation of posts for the Scheduled Castes, the Scheduled Tribes and other categories of persons as may be determined by the Central Government; (f) the form in which and the time at which the budget and reports shall be prepared by the Institute; (g) the form of annual report; 9 ----- (h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute; (i) the constitution, powers and duties of the other authorities of the Institute referred to in clause (d) of section 14; (j) the delegation of powers; (k) the code of conduct, disciplinary actions thereto for misconduct including removal from service of employees on account of misconduct and the procedure for appeal against the actions of an officer or authority of the Institute; (l) the conferment of honorary degrees; (m) the establishment and maintenance of halls, residences and hostels; (n) he authentication of the orders and decisions of the Board; and (o) any other matter which by this Act is to be, or may be, provided by the Statutes. **33. Statutes how made.—(1) The first Statutes of the Institute shall be framed by the Central** Government and a copy of the same shall be laid, as soon as may be after it is made, before each House of Parliament. (2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided. (3) A new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the General Council who may assent thereto or withhold assent or remit it to the Board for consideration. (4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the General Council. **34. Ordinances.—Subject to the provisions of this Act and the Statutes, the Ordinances may** provide for all or any of the following matters, namely:— (a) the admission of the students to the Institute; (b) the reservation for the Scheduled Castes, the Scheduled Tribes and other categories of persons; (c) the courses of study to be laid down for all degrees, diplomas and certificates of the Institute; (d) the conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the Institute and the eligibility conditions for awarding the same; (e) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; (f) the conditions and manner of appointment and duties of examining bodies, examiners and moderators; (g) the conduct of examinations; (h) the maintenance of discipline among the students of the Institute; (i) the fees to be charged for courses of study at the Institute and for admission to the examinations; (j) the conditions of residence of students of the Institute and the levying of the fees for residence in the halls and hostels and of other charges; and (k) any other matter which by this Act or the Statutes is to be, or may be, provided for by the Ordinances. **35. Ordinances how made.—(1) The First Ordinance of the Institute shall be framed by the Central** Government. (2) Save as otherwise provided in this section, Ordinances shall be made by the Senate. 10 ----- (3) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next succeeding meeting. (4) The Board shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. **36. Conduct of business by authorities of Institute.—The authorities of the Institute may have** their own rules of procedure, consistent with the provisions of this Act, the Statutes and the Ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances. **37. Tribunal of Arbitration.—(1) Any dispute arising out of a contract between the Institute and any** of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee, and an umpire appointed by the Visitor. (2) The decision of the Tribunal of Arbitration shall be final. (3) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration. (4) The Tribunal of Arbitration shall have power to regulate its own procedure. (5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section. **38. Acts and proceedings not to be invalidated by vacancies.—No act of the Institute or the** General Council or Board or Senate or any other body set-up under this Act or the Statutes, shall be invalid merely by reasons of— (a) any vacancy in, or defect in the constitution thereof, or (b) any defect in the election, nomination or appointment of a person acting as a member thereof, or (c) any irregularity in its procedure not affecting the merits of the case. **39. Grant of degrees, etc., by Institute.—Notwithstanding anything in the University Grants** Commission Act, 1956 (3 of 1956) or in any other law for the time being in force, the Institute shall have power to grant degrees and other academic distinctions and titles under this Act. **40. Sponsored schemes.—Notwithstanding anything in this Act, whenever the Institute receives** funds from any Government, the University Grants Commission or any other agency including industry sponsoring a research scheme, a consultancy assignment, a teaching programme or a chaired professorship or a scholarship, to be executed or endowed at the Institute,— (a) the amount received shall be kept by the Institute separately from the fund of the Institute and utilised only for the purpose of the scheme; and (b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisation: Provided that any money remaining unutilised under clause (a) shall be transferred to the endowment fund created under section 25. **41. Control by Central Government.—The Institute shall carry out such directions as may be** issued to it from time to time by the Central Government for the efficient administration of this Act. **42. Resolution of differences.—If in, or in connection with, the exercise of its powers and** discharge of its functions by the Institute under this Act, any dispute or difference arises between the Institute and the Central Government, the decision of the Central Government thereon shall be final. **43. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions 11 ----- or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **44. Transitional provisions.—Notwithstanding anything contained in this Act,—** (a) the Board of Governors of the Society functioning as such immediately before the commencement of this Act shall continue to so function until a new Board is constituted for the Institute under this Act, but on the constitution of a new Board under this Act, the members of the Board holding office before such constitution shall cease to hold office; and (b) until the first Statutes and the Ordinances are made under this Act, the Statutes and the Ordinances of the Indian Institute of Petroleum and Energy Society, as in force, immediately before the commencement of this Act, shall continue to apply to the Institute insofar as they are not inconsistent with the provisions of this Act. **45. Statutes, Ordinances and notifications to be published in the Official Gazette and to be** **laid before Parliament.—(1) Every Statute and every Ordinance made or notification issued under** this Act shall be published in the Official Gazette. (2) Every Statute and every Ordinance made or notification issued under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or notification or both Houses agree that the Statute, Ordinance or notification should not be made or issued, the Statute, Ordinance or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or notification. (3) The power to make the Statutes, Ordinances or notifications shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances, notifications or any of them but no retrospective effect shall be given to any Statute, Ordinance or notification so as to prejudicially affect the interests of any person to whom such Statute, Ordinance or notification may be applicable. 12 -----

31-Jul-2018

17

The Fugitive Economic Offenders Act, 2018

https://www.indiacode.nic.in/bitstream/123456789/4035/1/A2018-17.pdf

central

THE FUGITIVE ECONOMIC OFFENDERS ACT, 2018 __________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Application of Act. CHAPTER II DECLARATION OF FUGITIVE ECONOMIC OFFENDERS AND CONFISCATION OF PROPERTY 4. Application for declaration of fugitive economic offender and procedure therefor. 5. Attachment of property. 6. Powers of Director and other officers. 7. Power of survey. 8. Search and seizure. 9. Search of persons. 10. Notice. 11. Procedure for hearing application. 12. Declaration of fugitive economic offender. 13. Supplementary application. 14. Power to disallow civil claims. 15. Management of properties confiscated under this Act. CHAPTER III MISCELLANEOUS 16. Rules of evidence. 17. Appeal. 18. Bar of jurisdiction. 19. Protection of action taken in good faith. 20. Power of Central Government to amend Schedule. 21. Overriding effect. 22. Application of other laws not barred. 23. Power to make rules. 24. Laying of rules before Parliament. 25. Power to remove difficulties. 26. Repeal and saving. THE SCHEDULE. 1 ----- # THE FUGITIVE ECONOMIC OFFENDERS ACT, 2018 ACT NO 17 OF 2018 [31st July, 2018.] # An Act to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Fugitive Economic** Offenders Act, 2018. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 21st day of April, 2018. **2. Definitions.—(1) In this Act, unless the context otherwise requires,––** (a) “Administrator” means an Administrator appointed under sub-section (1) of section 15; (b) “benami property” and “benami transaction” shall have the same meanings as assigned to them under clauses (8) and (9) respectively of section 2 of the Prohibition of _Benami Property_ Transactions Act, 1988 (45 of 1988); (c) “contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise; (d) “Deputy Director” means the Deputy Director appointed under sub-section (1) of section 49 of the Prevention of Money-laundering Act, 2002 (15 of 2003); (e) “Director” means the Director appointed under sub-section (1) of section 49 of the Prevention of Money-laundering Act, 2002 (15 of 2003); (f) “fugitive economic offender” means any individual against whom a warrant for arrest in relation to a Scheduled Offence has been issued by any Court in India, who— (i) has left India so as to avoid criminal prosecution; or (ii) being abroad, refuses to return to India to face criminal prosecution; (g) “key managerial personnel” shall have the same meaning as assigned to it in clause (51) of section 2 of the Companies Act, 2013 (18 of 2013); (h) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (i) “person” includes— (i) an individual; (ii) a Hindu Undivided Family; (iii) a company; (iv) a trust; (v) a partnership; (vi) a limited liability partnership; 2 ----- (vii) an association of persons or a body of individuals, whether incorporated or not; (viii) every artificial juridical person not falling within any of the preceding sub-clauses; and (ix) any agency, office or branch owned or controlled by any of the above persons mentioned in the preceding sub-clauses; (j) “prescribed” means prescribed by rules made under this Act; (k) “proceeds of crime” means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a Scheduled Offence, or the value of any such property, or where such property is taken or held outside the country, then the property equivalent in value held within the country or abroad; (l) “Schedule” means the Schedule appended to this Act; (m) “Scheduled Offence” means an offence specified in the Schedule, if the total value involved in such offence or offences is one hundred crore rupees or more; (n) “Special Court” means a Court of Session designated as a Special Court under sub-section (1) of section 43 of the Prevention of Money-laundering Act, 2002 (15 of 2003). (2) The words and expressions used and not defined in this Act but defined in the Prevention of Money-laundering Act, 2002 (15 of 2003) shall have the meanings respectively assigned to them in that Act. **3. Application of Act.—The provisions of this Act shall apply to any individual who is, or** becomes, a fugitive economic offender on or after the date of coming into force of this Act. CHAPTER II DECLARATION OF FUGITIVE ECONOMIC OFFENDERS AND CONFISCATION OF PROPERTY **4.** **Application** **for** **declaration** **of** **fugitive** **economic** **offender** **and** **procedure** **therefor.—(1) Where the Director or any other officer not below the rank of Deputy Director** authorised by the Director for the purposes of this section, has reason to believe (the reasons for such belief to be recorded in writing), on the basis of material in his possession, that any individual is a fugitive economic offender, he may file an application in such form and manner as may be prescribed in the Special Court that such individual may be declared as a fugitive economic offender. (2) The application referred to in sub-section (1) shall contain— (a) reasons for the belief that an individual is a fugitive economic offender; (b) any information available as to the whereabouts of the fugitive economic offender; (c) a list of properties or the value of such properties believed to be the proceeds of crime, including any such property outside India for which confiscation is sought; (d) a list of properties or _benami properties owned by the individual in India or abroad for_ which confiscation is sought; and (e) a list of persons who may have an interest in any of the properties listed under clauses (c) and (d). (3) The Authorities appointed for the purposes of the Prevention of Money-laundering Act, 2002 (15 of 2003) shall be the Authorities for the purposes of this Act. **5. Attachment of property.—(1) The Director or any other officer authorised by the Director, not** below the rank of Deputy Director, may, with the permission of the Special Court, attach any property mentioned in the application under section 4 by an order in writing in such manner as may be prescribed. 3 ----- (2) Notwithstanding anything contained in sub-section (1) or section 4, the Director or any other officer, not below the rank of Deputy Director, authorised by the Director, may, by an order in writing, at any time prior to the filing of the application under section 4, attach any property— (a) for which there is a reason to believe that the property is proceeds of crime, or is a property or benami property owned by an individual who is a fugitive economic offender; and (b) which is being or is likely to be dealt within a manner which may result in the property being unavailable for confiscation: Provided that the Director or any other officer who provisionally attaches any property under this sub-section shall, within a period of thirty days from the date of such attachment, file an application under section 4 before the Special Court. (3) The attachment of any property under this section shall continue for a period of one hundred and eighty days from the date of order of attachment or such other period as may be extended by the Special Court before the expiry of such period. (4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) from such enjoyment. _Explanation.—For the purposes of this sub-section, the expression “person interested”, in relation_ to any immovable property includes all persons claiming or entitled to claim any interest in the property. **6. Powers of Director and other officers.—The Director or any other officer shall, for the** purposes of section 4, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:— (a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a reporting entity and examining him on oath; (c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed. **7. Power of survey.—(1) Notwithstanding anything contained in any other provisions of this Act,** where a Director or any other officer authorised by the Director, on the basis of material in his possession, has reason to believe (the reasons for such belief to be recorded in writing), that an individual may be a fugitive economic offender, he may enter any place— (i) within the limits of the area assigned to him; or (ii) in respect of which he is authorised for the purposes of this section, by such other authority, who is assigned the area within which such place is situated. (2) Where the Director or any other officer authorised by him, on the basis of material in his possession, has reason to believe (the reasons for such belief to be recorded in writing) that an individual may be a fugitive economic offender and it is necessary to enter any place as mentioned in sub-section (1), he may request any proprietor, employee or any other person who may be present at that time, to— (a) afford him the necessary facility to inspect such records as he may require and which may be available at such place; (b) afford him the necessary facility to check or verify the proceeds of crime or any transaction related to proceeds of crime which may be found therein; and 4 ----- (c) furnish such information as he may require as to any matter which may be useful for, or relevant to any proceedings under this Act. (3) The Director, or any other officer acting under this section may— (i) place marks of identification on the records inspected by him and make or cause to be made extracts or copies therefrom; (ii) make an inventory of any property checked or verified by him; and (iii) record the statement of any person present at the property which may be useful for, or relevant to, any proceeding under this Act. **8. Search and seizure.—(1) Notwithstanding anything contained in any other law for the time** being in force, where the Director or any other officer not below the rank of Deputy Director authorised by him for the purposes of this section, on the basis of information in his possession, has reason to believe (the reason for such belief to be recorded in writing) that any person— (i) may be declared as a fugitive economic offender; (ii) is in possession of any proceeds of crime; (iii) is in possession of any records which may relate to proceeds of crime; or (iv) is in possession of any property related to proceeds of crime, then, subject to any rules made in this behalf, he may authorise any officer subordinate to him to— (a) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept; (b) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause (a) where the keys thereof are not available; (c) seize any record or property found as a result of such search; (d) place marks of identification on such record or property, if required or make or cause to be made extracts or copies therefrom; (e) make a note or an inventory of such record or property; and (f) examine on oath any person, who is found to be in possession or control of any record or property, in respect of all matters relevant for the purposes of any investigation under this Act. (2) Where an authority, upon information obtained during survey under section 7, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or place where such evidence is located and seize that evidence. **9. Search of persons.—Notwithstanding anything contained in any other law for the time being** in force— (a) if an authority, authorised in this behalf by the Central Government by general or special order, has reason to believe (the reason for such belief to be recorded in writing) that any person has secreted about his person or anything under his possession, ownership or control, any record or proceeds of crime which may be useful for or relevant to any proceedings under this Act, he may search that person and seize such record or property which may be useful for or relevant to any proceedings under this Act; (b) where an authority is about to search any person, he shall, if such person so requires, take such person within twenty-four hours to the nearest Gazetted Officer, superior in rank to him, or a Magistrate: Provided that the period of twenty-four hours shall exclude the time necessary for the journey undertaken to take such person to the nearest Gazetted Officer, superior in rank to him, or the Magistrate’s Court; 5 ----- (c) if the requisition under clause (b) is made, the authority shall not detain the person for more than twenty-four hours prior to taking him before the Gazetted Officer, superior in rank to him, or the Magistrate referred to in that clause: Provided that the period of twenty-four hours shall exclude the time necessary for the journey from the place of detention to the office of the Gazetted Officer, superior in rank to him, or the Magistrate’s Court; (d) the Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge such person but otherwise shall direct that search be made; (e) before making the search under clause (a) or clause (d), the authority shall call upon two or more persons to attend and witness the search and the search shall be made in the presence of such persons; (f) the authority shall prepare a list of record or property seized in the course of the search and obtain the signatures of the witnesses on the list; (g) no female shall be searched by anyone except a female; and (h) the authority shall record the statement of the person searched under clause (a) or clause (d) in respect of the records or proceeds of crime found or seized in the course of the search. **10. Notice.—(1) Where an application under section 4 has been duly filed, the Special Court shall** issue a notice to an individual who is alleged to be a fugitive economic offender. (2) The notice referred to in sub-section (1), shall also be issued to any other person who has any interest in the property mentioned in the application under sub-section (2) of section 4. (3) A notice under sub-section (1) shall— (a) require the individual to appear at a specified place and time not less than six weeks from the date of issue of such notice; and (b) state that failure to appear on the specified place and time shall result in a declaration of the individual as a fugitive economic offender and confiscation of property under this Act. (4) A notice under sub-section (1) shall be forwarded to such authority, as the Central Government may notify, for effecting service in a contracting State. (5) The authority referred to in sub-section (4) shall make efforts to serve the notice within a period of two weeks in such manner as may be prescribed. (6) A notice under sub-section (1) may also be served to the individual alleged to be a fugitive economic offender by electronic means to— (a) his electronic mail address submitted in connection with an application for allotment of Permanent Account Number under section 139A of the Income-tax Act, 1961 (43 of 1961); (b) his electronic mail address submitted in connection with an application for enrolment under section 3 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) any other electronic account as may be prescribed, belonging to the individual which is accessed by him over the internet, subject to the satisfaction of the Special Court that such account has been recently accessed by the individual and constitutes a reasonable method for communication of the notice to the individual. **11. Procedure for hearing application.—(1) Where any individual to whom notice has been** issued under sub-section (1) of section 10 appears in person at the place and time specified in the notice, the Special Court may terminate the proceedings under this Act. (2) Where any individual to whom notice has been issued under sub-section (1) of section 10 fails to appear at the place and time specified in the notice, but enters appearance through counsel, the 6 ----- Special Court may in its discretion give a period of one week to file a reply to the application under section 4. (3) Where any individual to whom notice has been issued under sub-section (1) of section 10 fails to enter appearance either in person or through counsel, and the Special Court is satisfied— (a) that service of notice has been effected on such party; or (b) that notice could not be served in spite of best efforts because such individual has evaded service of notice, it may, after recording reasons in writing, proceed to hear the application. (4) The Special Court may also give any person to whom notice has been issued under sub-section (2) of section 10 a period of one week to file a reply to the application under section 4. **12. Declaration of fugitive economic offender.—(1) After hearing the application under** section 4, if the Special Court is satisfied that an individual is a fugitive economic offender, it may, by an order, declare the individual as a fugitive economic offender for reasons to be recorded in writing. (2) On a declaration under sub-section (1), the Special Court may order that any of the following properties stand confiscated to the Central Government— (a) the proceeds of crime in India or abroad, whether or not such property is owned by the fugitive economic offender; and (b) any other property or benami property in India or abroad, owned by the fugitive economic offender. (3) The confiscation order of the Special Court shall, to the extent possible, identify the properties in India or abroad that constitute proceeds of crime which are to be confiscated and in case such properties cannot be identified, quantify the value of the proceeds of crime. (4) The confiscation order of the Special Court shall separately list any other property owned by the fugitive economic offender in India which is to be confiscated. (5) Where the Special Court has made an order for confiscation of any property under sub-section (2), and such property is in a contracting State, the Special Court may issue a letter of request to a Court or authority in the contracting State for execution of such order. (6) Every letter of request to be transmitted to a contracting State under sub-section (5) shall be transmitted in such form and manner as the Central Government may, by notification, specify in this behalf. (7) The Special Court may, while making the confiscation order, exempt from confiscation any property which is a proceed of crime in which any other person, other than the fugitive economic offender, has an interest if it is satisfied that such interest was acquired _bona fide and without_ knowledge of the fact that the property was proceeds of crime. (8) All the rights and title in the confiscated property shall, from the date of the confiscation order, vest in the Central Government, free from all encumbrances. (9) Where on the conclusion of the proceedings, the Special Court finds that the individual is not a fugitive economic offender, the Special Court shall order release of property or record attached or seized under this Act to the person entitled to receive it. (10) Where an order releasing the property has been made by the Special Court under sub-section (9), the Director or any other officer authorised by him in this behalf may withhold the release of any such property or record for a period of ninety days from the date of receipt of such order, if he is of the opinion that such property is relevant for the appeal proceedings under this Act. **13. Supplementary application.—(1) Where at any time after the institution of the application** under section 4, any other property is discovered or identified which constitutes proceeds of crime or is property or benami property owned by the individual in India or abroad who is a fugitive economic 7 ----- offender liable to be confiscated under this Act, the Director or any other officer not below the rank of Deputy Director authorised by the Director for the purposes of this section, may file a supplementary application in the Special Court seeking confiscation of such properties. (2) The provisions of sections 4 to 12 shall, as far as may be, apply in relation to such application as they apply in relation to an application under section 4. **14. Power to disallow civil claims.—Notwithstanding anything contained in any other law for the** time being in force,— (a) on a declaration of an individual as a fugitive economic offender, any Court or tribunal in India, in any civil proceeding before it, may, disallow such individual from putting forward or defending any civil claim; and (b) any Court or tribunal in India in any civil proceeding before it, may, disallow any company or limited liability partnership from putting forward or defending any civil claim, if an individual filing the claim on behalf of the company or the limited liability partnership, or any promoter or key managerial personnel or majority shareholder of the company or an individual having a controlling interest in the limited liability partnership has been declared as a fugitive economic offender. _Explanation.—For the purposes of this section, the expressions—_ (a) “company” means any body corporate and includes a firm, or other association of persons; and (b) “limited liability partnership” shall have the same meaning as assigned to it in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009). **15. Management of properties confiscated under this Act.—(1) The Central Government** may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of a Joint Secretary to the Government of India) as it thinks fit, to perform the functions of an Administrator. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (2) of section 12 in such manner and subject to such conditions as may be prescribed. (3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is vested in the Central Government under section 12: Provided that the Central Government or the Administrator shall not dispose of any property for a period of ninety days from the date of the order under sub-section (2) of section 12. CHAPTER III MISCELLANEOUS **16. Rules of evidence.—(1) The burden of proof for establishing—** (a) that an individual is a fugitive economic offender; or (b) that a property is the proceeds of crime or any other property in which the individual alleged to be a fugitive economic offender has an interest, shall be on the Director or the person authorised by the Director to file the application under section 4. (2) Notwithstanding anything contained in any other law for the time being in force, where any person referred to in sub-section (2) of section 10 claims that any interest in any property was acquired _bona fide and without knowledge of the fact that, such property constitutes proceeds of_ crime, the burden of proving such fact shall lie upon him. (3) The standard of proof applicable to the determination of facts by the Special Court under this Act shall be preponderance of probabilities. 8 ----- **17. Appeal.—(1) An appeal shall lie from any judgment or order, not being an interlocutory order,** of a Special Court to the High Court both on facts and on law. (2) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days: Provided further that no appeal shall be entertained after the expiry of period of ninety days. **18. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding** in respect of any matter which the Special Court is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. **19. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding** shall lie against the Central Government or Presiding Officer of the Special Court or Director or Deputy Director or any other officer authorised by the Director for anything which is in good faith done or intended to be done under this Act or any rule made thereunder. **20. Power of Central Government to amend Schedule.—(1) The Central Government may,** having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification add to, or as the case may be, omit from the Schedule any offences specified therein. (2) Every such notification shall, as soon as after it is issued, be laid before each House of Parliament. **21. Overriding effect.—The provisions of this Act shall have effect, notwithstanding anything** inconsistent therewith contained in any other law for the time being in force. **22. Application of other laws not barred.—The provisions of this Act shall be in addition to and** not in derogation of any other law for the time being in force. **23. Power to make rules.—(1) The Central Government may, by notification in the Official** Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner of filing application under sub-section (1) of section 4; (b) the manner of attachment of property under sub-section (1) of section 5; (c) other matters under clause (f) of section 6; (d) the procedure for conducting search and seizure under section 8; (e) the manner in which the notice shall be served under sub-section (5) of section 10; (f) any other electronic account under clause (c) of sub-section (6) of section 10; (g) the manner and conditions subject to which the Administrator shall receive and manage the property confiscated under sub-section (2) of section 15; and (h) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules. **24. Laying of rules before Parliament.—Every rule made under this Act shall be laid, as soon as** may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, 9 ----- as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **25. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of five years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **26. Repeal and saving.—(1) The Fugitive Economic Offenders Ordinance, 2018 (Ord. 1 of 2018),** is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act. 10 ----- THE SCHEDULE [See section 2(l) and (m)] **Section** **Description of offence** **I. Offences under the Indian Penal Code, 1860 (45 of 1860)** 120B read with any offence in this Schedule Punishment of criminal conspiracy. 255 Counterfeiting Government stamp. 257 Making or selling instrument for counterfeiting Government stamp. 258 Sale of counterfeit Government stamp. 259 Having possession of counterfeit Government stamp. 260 Using as genuine a Government stamp known to be counterfeit. 417 Punishment for cheating. 418 Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. 420 Cheating and dishonestly inducing delivery of property. 421 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. 422 Dishonestly or fraudulently preventing debt being available for creditors. 423 Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. 424 Dishonest or fraudulent removal or concealment of property. 467 Forgery of valuable security, will, etc. 471 Using as genuine a forged [document or electronic record]. 472 Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467. 473 Making or possessing counterfeit seal, etc., intent to commit forgery punishable otherwise. 475 Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material. 476 Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material. 481 Using a false property mark. 482 Punishment for using a false property mark. 483 Counterfeiting a property mark used by another. 484 Counterfeiting a mark used by a public servant. 485 Making or possession of any instrument for counterfeiting a property mark. 486 Selling goods marked with a counterfeit property mark. 487 Making a false mark upon any receptacle containing goods. 488 Punishment for making use of any such false mark. 11 ----- **Section** **Description of offence** 489A Counterfeiting currency notes or bank notes. 489B Using as genuine, forged or counterfeit currency notes or bank notes. **II. Offences under the Negotiable Instruments Act, 1881 (26 of 1881)** 138 Dishonour of cheque for insufficiency, etc., of funds in the account. **III. Offences under the Reserve Bank of India Act, 1934 (2 of 1934)** 58B Penalties. **IV. Offences under the Central Excise Act, 1944 (1 of 1944)** Section 9 Offences and Penalties. **V. Offences under the Customs Act, 1962 (52 of 1962)** 135 Evasion of duty or prohibitions. **VI. Offences under the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988)** 3 Prohibition of benami transactions. **VII. Offences under the Prevention of Corruption Act, 1988 (49 of 1988)** 7 Public servant taking gratification other than legal remuneration in respect of an official act. 8 Taking gratification in order, by corrupt or illegal means, to influence public servant. 9 Taking gratification for exercise of personal influence with public servant. 10 Punishment for abetment by public servant of offences defined in section 8 or section 9 of the Prevention of Corruption Act, 1988. 13 Criminal misconduct by a public servant. **VIII. Offences under the Securities and Exchange Board of India Act, 1992 (15 of 1992)** 12A read with section 24 Prohibition of manipulative and deceptive devices, insider trading and substantial acquisition of securities or control. 24 Offences for contravention of the provisions of the Act. **IX. Offences under the Prevention of Money-laundering Act, 2002 (15 of 2003)** 3 Offence of money-laundering. 4 Punishment for money-laundering. **X. Offences under the Limited Liability Partnership Act, 2008 (6 of 2009)** Sub-section (2) of section 30 Carrying on business with intent or purpose to defraud creditors of the Limited Liability Partnership or any other person or for any other fraudulent purpose. **XI. Offences under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)** 34 Penalty for article or currency or security obtained in contravention of section 10. 35 Punishment for contravention of any provision of the Act. 12 ----- **Section** **Description of offence** **XII. Offences under the Companies Act, 2013 (18 of 2013)** Sub-section (4) of section 42 of the Companies Act, 2013 read with section 24 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) Offer or invitation for subscription of securities on private placement. 74 Repayment of deposits, etc., accepted before commencement of the Companies Act, 2013. 76A Punishment for contravention of section 73 or section 76 of the Companies Act, 2013. Second proviso to sub-section (4) of section 206 Clause (b) of section 213 Carrying on business of a company for a fraudulent or unlawful purpose. Conducting the business of a company with intent to defraud its creditors, members or any other persons or otherwise for a fraudulent or unlawful purpose, or in a manner oppressive to any of its members or that the company was formed for any fraudulent or unlawful purpose. 447 Punishment for fraud. 452 Punishment for wrongful withholding of property. **XIII. Offences under the Black Money (Undisclosed Foreign Income and Assets) and Imposition** **of Tax Act, 2015 (22 of 2015)** 51 Punishment for wilful attempt to evade tax. **XIV. Offences under the Insolvency and Bankruptcy Code, 2016 (31 of 2016)** 69 Punishment for transactions defrauding creditors. **XV. Offences under the Central Goods and Services Tax Act, 2017 (12 of 2017)** Sub-section (5) of section 132 Punishment for certain offences. 13 -----

14-Aug-2018

24

The National Commission for Backward Classes (Repeal) Act, 2018

https://www.indiacode.nic.in/bitstream/123456789/4036/1/A2018-24.pdf

central

# THE NATIONAL COMMISSION FOR BACKWARD CLASSES (REPEAL) ACT, 2018 _____________ # ARRANGEMENT OF SECTIONS _____________ # SECTIONS 1. Short title and commencement. 2. Repeal and savings. 1 ----- # THE NATIONAL COMMISSION FOR BACKWARD CLASSES (REPEAL) ACT, 2018 ACT NO. 24 OF 2018 [14th August, 2018.] # An Act to repeal the National Commission for Backward Classes Act, 1993. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the National Commission for** Backward Classes (Repeal) Act, 2018. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Repeal and savings.—(1) The National Commission for Backward Classes Act, 1993 (27 of** 1993) is hereby repealed and the National Commission for Backward Classes constituted under subsection (1) of section 3 of the said Act shall stand dissolved. (2) The repeal of the National Commission for Backward Classes Act, 1993 (27 of 1993) shall, however, not affect,— (i) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or (ii) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (iii) any penalty, confiscation or punishment incurred in respect of any contravention under the Act so repealed; or (iv) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as if that Act had not been repealed. (3) The mention of the particular matters referred to in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal. 1. 15[th] August, 2018, vide notification No. S.O. 3988(E), dated 14[th] August, 2018, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 -----

17-Aug-2018

25

The National Sports University Act, 2018

https://www.indiacode.nic.in/bitstream/123456789/4037/1/A2018-25.pdf

central

# THE NATIONAL SPORTS UNIVERSITY ACT, 2018 __________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Establishment of University. 4. Objects of University. 5. Powers and functions of University. 6. University to be open to all caste, creed, race or class. 7. Central Government to review work and progress of University. 8. Officers of University. 9. Chancellor. 10. Vice-Chancellor. 11. Deans of Schools. 12. Registrar. 13. Finance Officer. 14. Controller of Examinations. 15. Librarian. 16. Other officers. 17. Authorities of University. 18. The Court. 19. Executive Council. 20. Academic and Activity Council. 21. Board of Sports Studies. 22. Finance Committee. 23. Other authorities of University. 24. Power to make Statutes. 25. Statutes, how to be made. 26. Power to make Ordinances. 27. Regulations. 28. Annual report. 29. Annual accounts. 30. Fund of University. 31. Returns and information. 32. Conditions of service of employees, etc. 33. Procedure of appeal and arbitration in disciplinary cases against students. 34. Rights to appeals. 35. Provident and pension funds. 36. Disputes as to constitution of authorities and bodies. 37. Filing of casual vacancies. 38. Proceedings of authorities or bodies not invalidated by vacancies. 39. Protection of action taken in good faith. 40. Mode of proof of University record. 41. Power to remove difficulties. 42. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. 43. Transitional provisions. 44. Repeal and savings. THE SCHEDULE. 1 ----- # THE NATIONAL SPORTS UNIVERSITY ACT, 2018 ACT NO. 25 OF 2018 [17th August, 2018.] # An Act to establish and incorporate a National Sports University in the State of Manipur, a specialised University first of its kind, to promote sports education in the areas of sports sciences, sports technology, sports management and sports coaching besides functioning as the national training centre for select sports disciplines by adopting best international practices and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the National Sports University** Act, 2018. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 31st day of May, 2018. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Academic and Activity Council” means the Academic and Activity Council of the University; (b) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances; (c) “Board of Sports Studies” means the Board of Sports Studies of a Department of the University; (d) “Chancellor” means the Chancellor of the University; (e) “College” means a college or other academic institution established or maintained by, or admitted to the privileges of, the University; (f) “Court” means the Court of the University; (g) “Department” means a Department of Studies and includes a Centre of Studies; (h) “employee” means any person appointed by the University and includes teachers and other staff of the University; (i) “Executive Council” means the Executive Council of the University; (j) “Finance Committee” means the Finance Committee of the University; (k) “Fund” means the University Fund referred to in section 30; (l) “Hall” means a unit of residence or of corporate life for the students of the University, or of an Outlying Campus or of a College or an Institution, maintained by the University; (m) “Head of the Department” means the head of any teaching department of the University; (n) “Institution” means an academic institution, not being a College, maintained by, or admitted to the privileges of, the University; (o) “Outlying Campus” means the campus of the University as may be established by it at any place within or outside India; (p) “Principal” means the Head of a College or an Institution maintained by the University and includes, where there is no Principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal, or the acting Principal, a Vice-Principal duly appointed as such; (q) “Regional Centre” means a centre established or maintained by the University for the purpose of coordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Executive Council; 2 ----- (r) “Regulations” means the regulations made by any authority of the University under this Act for the time being in force; (s) “School” means a School of Studies of the University; (t) “section” means the section of this Act; (u) “State” includes a Union territory; (v) “Statutes” and “Ordinances” mean, respectively, the Statutes and the Ordinances of the University for the time being in force; (w) “Study Centre” means a centre established, maintained or recognised by the University for the purpose of advising, counselling, training or for rendering any other assistance required by the students; (x) “teachers of the University” means Professors, Associate Professors, Assistant Professors and such other persons as may be appointed for imparting instructions, training or conducting research in the University or in any Outlying Campus, College or Institution or Regional Centres and Study Centres maintained by the University and are designated as teachers by the Ordinances; (y) “University” means the National Sports University established and incorporated as a University under this Act; (z) “Vice-Chancellor” means the Vice-Chancellor of the University. **3. Establishment of University.—(1) There shall be established a University by the name of** “National Sports University”. (2) The headquarters of the University shall be in the State of Manipur and it may establish or maintain Outlying Campuses, Colleges, Regional Centres and Study Centres at such other places in India as it may deem fit: Provided that the University may, with the prior approval of the Central Government, also establish Outlying Campuses and Study Centres outside India. (3) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic and Activity Council, and all such persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of “National Sports University”. (4) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name. **4. Objects of University.—The objects of the University shall be––** (i) to evolve as an institute of advanced study in the field of physical education and sports sciences; (ii) to provide for research and development and dissemination of knowledge in physical education and sports sciences by providing specially designed academic and training programmes in various areas of physical education and sports sciences and training in advanced technologies of sports; (iii) to strengthen physical education and sports training programmes to promote sports including traditional and tribal sports and games; (iv) to establish centres and institutions of excellence for imparting state of the art educational training and research in the fields of physical education and sports sciences, sports technology and high performance training for all sports and games; (v) to provide professional and academic leadership to other institutions in the field of physical education and sports sciences; 3 ----- (vi) to provide vocational guidance and placement services in physical education, sports sciences, sports medicine, sports technology and other related fields; (vii) to generate capabilities for the development of knowledge, skills and competences at various levels in the fields of physical education and sports sciences, sports technology and high performance training for all sports and games; (viii) to generate capabilities to provide infrastructure of international standard for education, training and research in the areas related to physical education and sports sciences, sports technology and high performance training for all sports and games; (ix) to prepare highly qualified professionals in the fields of physical education and sports sciences, sports technology and high performance training for all sports and games; (x) to serve as a Centre of Excellence for the elite and other talented sportspersons of all sports and games and innovation in physical education and sports sciences and to carry out, endorse and propagate research; (xi) to function as a leading resource centre for knowledge and development in the areas of physical education and sports sciences, sports technology and high performance training for all sports and games; (xii) to provide international collaboration in the fields of physical education and sports sciences, sports technology and high performance training for all sports and games; (xiii) to establish close linkage with sports academies, schools, colleges, sports and recreation clubs, sports associations and international federations for the purpose of teaching, training and research in physical education and sports sciences, sports technology and high performance training for all sports and games; (xiv) to train talented athletes so as to help them to evolve into elite athletes of international level; (xv) to make India become a sporting power; (xvi) such other objects, not inconsistent with the provisions of this Act, which the Central Government may, by notification in the Official Gazette, specify in this behalf. **5. Powers and functions of University.—(1) The University shall have the following powers and** functions, namely:–– (i) to plan, design, develop and prescribe courses of study and conduct appropriate academic and training programmes in physical education and sports sciences including sports technology and to provide for instruction and training in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge; (ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on, persons, on the basis of examinations, evaluation or any method of testing, and to withdraw any such certificates, diplomas, degrees or other academic distinctions for good and sufficient cause; (iii) to provide opportunities to the students of the University to participate in the sports tournaments and competitions in co-ordination with established International Sports Federations, National Sports Federations, Indian Olympic Association and Association of Indian Universities; (iv) to have liaison or membership with various international professional organisations or bodies; (v) to establish and maintain, with the prior approval of the Central Government, such Outlying Campuses, Regional Centres, specialised laboratories or other units for research, instruction and training as are, in the opinion of the University, necessary for the furtherance of its objects; (vi) to establish, maintain or recognise Study Centres in the manner laid down by the Statutes; (vii) to establish and maintain Colleges, Institutions and Halls; 4 ----- (viii) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (ix) to institute Principalships, Professorships, Associate Professorships, Assistant Professorships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships, Associate Professorships, Assistant Professorships or other teaching or academic positions; (x) to appoint persons working in any University or academic institution, including those located outside the country, as teachers of the University for a specified period; (xi) to create administrative, ministerial and other posts and to make appointments thereto; (xii) to co-operate or collaborate or associate with any other University or authority or Institution of higher learning, including those located outside the country, in such manner and for such purposes as the University, may determine; (xiii) to provide facilities through the distance education system to such persons and in such manner as may be prescribed by the Statutes; (xiv) to institute and award fellowships, scholarships, studentship, medals and prizes for raising academic standards and research; (xv) to organise and to undertake extramural studies, training and extension services; (xvi) to make provision for research and advisory services and for that purpose, to enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary; (xvii) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators, other academic staff and students; (xviii) to appoint on contract or otherwise visiting Professors, Emeritus Professors, Consultants and such other persons who may contribute to the advancement of the objects of the University; (xix) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing; (xx) to demand and receive payment of fees and other charges; (xxi) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare; (xxii) to lay down conditions of service of all categories of employees, including their code of conduct; (xxiii) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary; (xxiv) to make arrangements for promoting the health and general welfare of the employees; (xxv) to receive benefactions, donations and gifts and to acquire, hold and manage, and to dispose of, with the previous approval of the Central Government, any property, movable or immovable, including trust and endowment properties, for the purposes of the University; (xxvi) to borrow, with the previous approval of the Central Government, on the security of the property of the University, money for the purposes of the University; (xxvii) to conduct innovative experiments and promote new methods and technologies in the fields of physical education, sports sciences, sports medicine, sports technology, sports management and other related fields; (xxviii) to purchase or to take on lease any land or building or sports complex or sports infrastructure and scientific sports research equipment or indoor stadium or works which may be necessary or convenient for the purposes of the University, on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such building or work; (xxix) to start any new allied course or research programme or diploma or training programme and discontinue any course or training programme; 5 ----- (xxx) to invest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of the University; (xxxi) to execute conveyances regarding transfers, mortgages, leases, licenses, agreements and other conveyances in respect of the property, movable or immovable, including Government securities, belonging to the University or to be acquired for the purposes of the University, after taking prior permission of the Central Government; (xxxii) to act as a technical advisory body to Government of India and other National Organisations, State Governments and National Sports Federations on all matters related to sports; (xxxiii) to provide training, coaching and other back up to high level sports persons for achieving success in different national and international sports competitions; (xxxiv) to give effect to the procedures and standards provided under the Khelo India Scheme or the National Sports Talent Search and Identification Scheme; (xxxv) to confer autonomous status on a College or an Institution in the manner laid down by the Statutes; (xxxvi) to admit to its privileges any College or Institution in or outside India subject to such conditions as may be laid down by the Statutes: Provided that no College or Institution shall be so admitted except with the prior approval of the Central Government; (xxxvii) to provide for the preparation of instructional and training materials, including films, cassettes, tapes, video cassettes and other software; (xxxviii) to recognise persons for imparting instructions in any College or Institution admitted to the privileges of the University; and (xxxix) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects. (2) The University shall in the exercise of its powers have jurisdiction over the whole of India and to the Outlying Campuses and Study Centres outside India. (3) In exercising its powers referred to in sub-section (1), it shall be the endeavour of the University to maintain an all-India character and high standards of teaching, training and research, and the University shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:— (i) admissions of students and recruitment of faculty shall be made on all-India basis through appropriate procedures approved by the Executive Council of the University; (ii) foreign students shall be admitted by the University to various courses and programmes as per the policy and schemes of the Government of India and the procedure approved by the Executive Council of the National Sports University; (iii) inter-University mobility of faculty with portable pension scheme benefits, if any, and protection of seniority shall be encouraged; (iv) semester system, continuous evaluation and choice-based credit system shall be introduced and the University shall enter into agreement with other Universities and academic institutions for credit transfer and joint degree programmes; (v) innovative courses and programmes of studies shall be introduced with a provision for periodic review and restructuring; (vi) active participation of students shall be ensured in all academic activities of the University, including evaluation of teachers; (vii) accreditation shall be obtained from the National Assessment and Accreditation Council or any other accrediting agency at the national level; and (viii) e-governance shall be introduced with effective management information. 6 ----- **6. University to be open to all caste, creed, race or class.—The University shall be open to** persons of any sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle such person to be appointed as a teacher of the University or to hold any other office therein or to be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens: Provided further that no such special provision shall be made on the ground of domicile. **7. Central Government to review work and progress of University.—(1) The Central** Government may, from time to time, appoint one or more persons to review the work and progress of the University, including Outlying Campuses, Colleges, Institutions, Regional Centres and Study Centres maintained by it, and to submit a report thereon; and upon receipt of that report, the Central Government may, after obtaining the views of the Executive Council thereon through the ViceChancellor, take such action and issue such directions, as it considers necessary, in respect of any of the matters dealt with in the report and the University shall abide by such action and be bound to comply with such directions. (2) The Central Government shall have the right to cause an inspection to be made by such person or persons, as it may direct, of the University, its buildings, sports complexes, libraries, laboratories and equipment, and of any Outlying Campus or College or Institution or Regional Centres or Study Centres maintained by the University; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions or Regional Centres or Study Centres. (3) The Central Government shall, in every matter referred to in sub-section (2), give notice of its intention to cause an inspection or inquiry to be made, to the University, and the University shall have the right to make such representations to the Central Government, as it may consider necessary. (4) After considering the representations, if any, made by the University, the Central Government may cause to be made such inspection or inquiry as is referred to in sub-section (3). (5) Where any inspection or inquiry has been caused to be made by the Central Government, the University shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. (6) The Central Government may, if the inspection or inquiry is made in respect of the University or any Outlying Campus or College or Institution or Regional Centre or Study Centre established or maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Central Government may be pleased to offer, and on receipt of address made by the Central Government, the Vice-Chancellor shall communicate to the Executive Council the views of the Central Government with such advice as the Central Government may offer upon the action to be taken thereon. (7) The Executive Council shall communicate through the Vice-Chancellor to the Central Government such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. (8) Where, the Executive Council does not, within a reasonable time, take action to the satisfaction of the Central Government, it may, after considering any explanation furnished or representation made by the Executive Council, issue such directions, as it may think fit, and the Executive Council shall comply with such directions. (9) Without prejudice to the foregoing provisions of this section, the Central Government may, by order in writing, annul any proceeding of the University which is not in conformity with the provisions of this Act or the Statutes or the Ordinances: 7 ----- Provided that before making any such order, the Central Government shall call upon the Vice Chancellor to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, it shall consider the same. (10) The Central Government shall have such other powers, in respect of the affairs of the University, as may be prescribed by the Statutes. **8. Officers of University.—The following shall be the officers of the University, namely:—** (a) the Chancellor; (b) the Vice-Chancellor; (c) the Deans of Schools; (d) the Registrar; (e) the Finance Officer; (f) the Controller of Examinations; (g) the Librarian; and (h) such other officers as may be declared by the Statutes to be the officers of the University. **9. Chancellor.—(1) The Chancellor shall be appointed by the Central Government in such manner** as may be prescribed by the Statutes. (2) The Chancellor shall, by virtue of his office, be the head of the University and shall, if present, preside at the Convocations of the University held for conferring degrees and other ceremonial functions and also the meetings of the Court. **10. Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Central Government in** such manner as may be prescribed by the Statutes. (2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall apprise such authority at its next meeting the action taken by him on such matter: Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Central Government whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to represent against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. (4) Where the Vice-Chancellor is of the opinion that any decision taken by any authority of the University is beyond the powers of the authority conferred under the provisions of this Act or the Statutes or the Ordinances, or that any decision taken by the authority is not in the interest of the University, he may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Central Government whose decision thereon shall be final. (5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances. **11. Deans of Schools.—Every Dean of School shall be appointed in such manner, and on such** terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. **12. Registrar.—(1) The Registrar shall be appointed in such manner, and on such terms and** conditions of service, as may be prescribed by the Statutes. 8 ----- (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. **13. Finance Officer.—The Finance Officer shall be appointed in such manner, and shall exercise** such powers and perform such duties, as may be prescribed by the Statutes. **14. Controller of Examinations.—Controller of Examinations shall be appointed in such manner** and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. **15. Librarian.—The Librarian shall be appointed in such manner and on such terms and conditions** of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. **16. Other officers.—The manner of appointment and powers and duties of other officers of the** University shall be prescribed by the Statutes. **17. Authorities of University. The following shall be the authorities of the University, namely:—** (a) the Court; (b) the Executive Council; (c) the Academic and Activity Council; (d) the Board of Sports Studies; (e) the Finance Committee; (f) such other authorities as may be declared by the Statutes to be the authorities of the University. **18. The Court.—(1) The constitution of the Court and the term of office of its members shall be** prescribed by the Statutes. (2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:— (a) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for the improvement and development of the University; (b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts; (c) to advise the Central Government in respect of any matter which may be referred to it for advice; and (d) to perform such other functions as may be prescribed by the Statutes. **19. Executive Council.—(1) The Executive Council shall be the principal executive body of the** University. (2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes. **20. Academic and Activity Council.—(1) The Academic and Activity Council shall be the principal** academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, co-ordinate and exercise general supervision over the academic policies of the University. (2) The constitution of the Academic and Activity Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes: Provided that the Academic and Activity Council shall have sports persons who have achieved distinction in Olympics or world championships. **21. Board of Sports Studies.—The constitution, powers and functions of the Board of Sports** Studies shall be prescribed by the Statutes. **22. Finance Committee.—The constitution, powers and functions of the Finance Committee shall** be prescribed by the Statutes. 9 ----- **23. Other authorities of University.—The constitution, powers and functions of other authorities,** as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes. **24. Power to make Statutes.—Subject to the provisions of this Act, the Statutes may provide for** all or any of the following matters, namely:— (a) the constitution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time; (b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers, academic staff and other employees of the University, the emoluments and conditions of service; (e) the appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project; (f) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary action; (g) the principles governing the seniority of service of the employees of the University; (h) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University; (j) the conferment of autonomous status on a College or an Institution or a Department; (k) the establishment and abolition of Schools, Departments, Centres, Halls, Colleges, Institutions, Regional Centres and Study Centres; (l) the conferment of honorary degrees; (m) the conferment and withdrawal of degrees, diplomas, certificates and other academic distinctions; (n) the management of Colleges, Institutions, Regional Centres and Study Centres established and maintained by the University; (o) the delegation of powers vested in the authorities or officers of the University; (p) the maintenance of discipline among the employees and students; and (q) all other matters which by this Act are to be, or may be, provided for by the Statutes. **25. Statutes, how to be made.—(1) The first Statutes are those set out in the Schedule to this Act.** (2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal any Statutes referred to in sub-section (1): Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on proposed changes, and any opinion so expressed shall be considered by the Executive Council. (3) Every new Statutes or Statutes amending or repealing existing Statutes shall require the approval of the Central Government and unless so approved, they shall be invalid. (4) Notwithstanding anything contained in the foregoing sub-sections, the Central Government may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1), during the period of three years immediately after the commencement of this Act: 10 ----- Provided that the Central Government may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Statutes as it may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament. (5) Notwithstanding anything contained in this section, the Central Government may direct the University to make provisions in the Statutes in respect of any matter specified by it and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Central Government may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes suitably. **26. Power to make Ordinance.—(1) Subject to the provisions of this Act and the Statutes, the** Ordinances may provide for all or any of the following matters, namely:— (a) the admission of students to the University and their enrolment as such; (b) the courses of study and their duration to be laid down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas of the University; (f) the conditions for award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence and teaching of women students and the prescribing of special courses of studies for them; (j) the establishment of Centres of Studies, Board of Studies, Specialised Laboratories and other Committees; (k) the manner of co-operation and collaboration with other Universities, institutions and other agencies including learned bodies or associations; (l) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (m) the institution of fellowships, scholarships, studentships, medals and prizes; (n) the setting up of a machinery for redressal of grievances of employees and students; and (o) any other matter which, by this Act or the Statutes, is to be or may be, provided for by the Ordinances. (2) The first Ordinances shall be made by the Vice-Chancellor with previous approval of the Executive Council and the Ordinances so made may also be amended or repealed at any time by the Executive Council in the manner prescribed by the Statutes. **27. Regulations.—The authorities of the University may make Regulations, consistent with this** Act, the Statutes and the Ordinances, for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes. **28. Annual report.—(1) The annual report of the University shall be prepared under the** directions of Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Court on or before such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting. 11 ----- (2) The Court shall submit the annual report to the Central Government along with its comments, if any. (3) The Central Government shall, as soon as may be, cause a copy of the annual report to be laid before both the Houses of Parliament. **29. Annual accounts.—(1) The annual accounts and balance-sheet of the University shall be** prepared under the directions of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf. (2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court and the Central Government along with the observations of the Executive Council. (3) Any observations made by the Central Government on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Central Government. (4) The Central Government shall, as soon as may be, cause the copy of the annual accounts together with the audit report to be laid before both the Houses of Parliament. (5) The audited annual accounts after having been laid before both the Houses of Parliament shall be published in the Official Gazette. **30. Fund of University.––(1) There shall be a University Fund which shall include––** (a) any contribution or grant made by the University Grants Commission or the Central Government; (b) any contribution or grant made by the State Government; (c) any contribution made by Government, semi-Government or autonomous bodies; (d) any loans, gifts, bequests, donations, endowments or other grants, if any; (e) income received by the University from fees and charges; (f) the moneys received by the University from the collaborating industries in terms of the provisions of the Memorandum of Understanding entered between the University and the industry for the establishment of sponsored chairs, fellowships or infrastructure facilities of the University; and (g) amounts received in any other manner from any other source. (2) All funds of the University shall be deposited in such banks or invested in such manner as the Board may decide on the recommendation of the Finance Committee. (3) The funds of the University shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge of its functions by or under this Act. **31. Returns and information.––The University shall furnish to the Central Government such** returns or other information with respect to its property or activities, within such period, as the Central Government may, from time to time, require. **32. Conditions of service of employees, etc.––(1) Every employee of the University shall be** appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Central Government. (3) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal: Provided that nothing in this sub-section shall preclude the employee from availing of judicial remedies available under articles 32 and 226 of the Constitution. 12 ----- (4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996). (5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes. **33. Procedure of appeal and arbitration in disciplinary cases against students.––(1) Any student** or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be. (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 32 shall, as far as may be, apply to a reference made under this sub-section. **34. Right to appeals.––Every employee or student of the University or of a College or an** Institution or a Regional Centre or a Study Centre established or maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal to the Executive Council within such time, as may be prescribed by the Statutes, against the decision of any officer or authority of the University, or of the Principal or the management of any College or Institution or Regional Centre or Study Centre, as the case may be, and thereupon, the Executive Council may confirm, modify or reverse the decision appealed against. **35. Provident and pension funds.––(1) The University shall constitute for benefit of its** employees such provident fund or any other similar fund or provide such insurance schemes, as it may deem fit, in such manner and subject to such conditions, as may be prescribed by the Statutes. (2) Where such provident fund or other similar fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund, as if it were a Government provident fund. **36. Disputes as to constitution of authorities and bodies.––If any question arises as to whether any** person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Central Government whose decision thereon shall be final. **37. Filling of casual vacancies.––All casual vacancies among the members (other than ex officio** members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and the persons appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member. **38. Proceedings of authorities or bodies not invalidated by vacancies.––No act or proceedings** of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members. **39. Protection of action taken in good faith.––No suit or other legal proceedings shall lie against** any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances. **40. Mode of proof of University record.––Notwithstanding anything contained in the Indian** Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force, a copy of any receipt, application, notice, order, proceeding or resolution of any authority or other body of the University, or any other document in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as _prima facie_ evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence. 13 ----- **41. Power to remove difficulties.––(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. **42. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be** **laid before Parliament.––(1) Every Statute, Ordinance or Regulation made under this Act shall be** published in the Official Gazette. (2) Every Statute, Ordinance or Regulation made under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinances or Regulations or both Houses agree that the Statute, Ordinances or Regulations should not be made, the Statute, Ordinances or Regulations shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the Statute, Ordinances or Regulations. (3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statutes, Ordinances or Regulations so as to prejudicially affect the interests of any person to whom such Statutes, Ordinances or Regulations may be applicable. **43. Transitional provisions.—Notwithstanding anything contained in this Act and the Statutes,—** (a) the first Vice-Chancellor shall be appointed by the Central Government in such manner and on such conditions as may be deemed fit and the said officer shall hold office for such term, not exceeding five years, as may be specified by the Central Government; (b) the first Registrar and the first Finance Officer shall be appointed by the Central Government and each of the said officers shall hold office for a term of three years; (c) the first Court and the first Executive Council shall consist of not more than thirty-one members and eleven members, respectively, who shall be nominated by the Central Government and shall hold office for a term of three years; and (d) the first Academic and Activity Council shall consist of not more than twenty-one members, who shall be nominated by the Central Government and they shall hold office for a term of three years: Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Central Government and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. **44. Repeal and savings.—(1) The National Sports University Ordinance, 2018 (Ord. 5 of** 2018) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. 14 ----- THE SCHEDULE [See section 25(1)] The Statutes of the University **1. Chancellor.—(1) The Chancellor shall be appointed by the Central Government from a panel of** names of not less than three persons recommended by the Executive Council: Provided that if the Central Government does not approve any of the persons included in the panel, it may call for an extended fresh panel. (2) The Chancellor shall be an eminent person in the field of sports who shall either be a sports person himself or a Sports Administrator or a Sports Academician. (3) The Chancellor shall hold office for the term of five years and shall not be eligible for re appointment: Provided that notwithstanding the expiry of his term of office, the Chancellor shall continue to hold office until his successor enters upon his office. **2. Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Central Government from** out of a panel of names recommended by a Committee as constituted under clause (2): Provided that if the Central Government does not approve any of the persons included in the panel, it may call for an extended fresh panel. (2) The Committee referred to in clause (1) shall consist of five persons, out of whom three shall be nominated by the Executive Council and two by the Central Government, and one of the nominees of the Central Government shall be the convener of the Committee: Provided that none of the members of the Committee shall be an employee of the University or of a College or Institution or Regional Centre or Study Centre established or maintained by the University or a member of any authority of the University. (3) The Vice-Chancellor shall be a whole-time salaried officer of the University. (4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall not be eligible for re-appointment: Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office: Provided further that the Central Government may direct any Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by it: Provided also that when the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or, as the case may be, due to illness or such other cause, the Executive Council may appoint the senior-most Dean to perform the functions of the Vice-Chancellor until a new Vice-Chancellor is appointed or, as the case may be, the existing Vice-Chancellor resumes his duties. (5) Notwithstanding anything contained in clause (4), the Central Government may, at any time after the Vice-Chancellor has entered upon his office, by an order in writing, remove the ViceChancellor from office on grounds of incapacity, misconduct or violation of statutory provisions: Provided that no such order shall be made by the Central Government unless the Vice-Chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him: Provided further that the Central Government may, at any time before making such order, place the Vice-Chancellor under suspension, pending enquiry. (6) (a) The Vice-Chancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, 15 ----- without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence. (b) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Central Government from time to time: Provided that where an employee of the University or of a College, Institution, Regional Centre or Study Centre established or maintained by the University, or of any other University or any College or Institution admitted to the privileges of the University or such other University, is appointed as the ViceChancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor: Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme. (c) The Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Executive Council. (d) The Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of January and July every year: Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice Chancellor during the currency of a half-year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service. (e) In addition to the leave referred to in sub-clause (d), the Vice-Chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate: Provided that when such commuted leave is availed of, twice the amount of half-pay leave shall be debited against half-pay leave due. **3. Powers and duties of Vice-Chancellor.—(1) The Vice-Chancellor shall be ex officio Chairman** of the Executive Council, the Academic and Activity Council and the Finance Committee and shall, in the absence of the Chancellor, preside at the Convocations held for conferring degrees and at meetings of the Court. (2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body. (3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed and he shall have all the powers necessary to ensure such observance. (4) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he deems fit. (5) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Executive Council, the Academic and Activity Council and the Finance Committee. **4. Deans of Schools.—(1) Every Dean of School shall be appointed by the Vice-Chancellor from** amongst the Professors in the School by rotation in order of seniority for a period of three years: Provided that in case there is only one Professor or no Professor in a School, the Dean shall be appointed, for the time being, from amongst the Professor, if any, and the Associate Professors in the School, by rotation in the order of seniority: Provided further that a Dean on attaining the age of sixty-five years shall cease to hold office as such. 16 ----- (2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by the senior-most Professor or Associate Professor, as the case may be, in the School. (3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School and shall have such other functions as may be prescribed by the Ordinances. (4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Sports Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof. **5. Registrar.—(1) The Registrar shall be appointed by the Executive Council on the** recommendation of a Selection Committee constituted for the purpose and shall be whole-time salaried officer of University. (2) The Registrar shall be appointed for a term of five years and shall be eligible for re appointment. (3) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Executive Council from time to time: Provided that the Registrar shall retire on attaining the age of sixty-two years. (4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and other academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment: Provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a). (c) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon the conclusion of the inquiry, make a report to the ViceChancellor along with his recommendation: Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty. (6) The Registrar shall be _ex officio_ Secretary of the Executive Council and the Academic and Activity Council, but shall not be deemed to be member of either of these authorities and he shall be _ex officio Member-Secretary of the Court._ (7) It shall be the duty of the Registrar— (a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge; (b) to issue all notices convening meetings of the Court, the Executive Council, the Academic and Activity Council and of any Committee appointed by those authorities; (c) to keep the minutes of all the meetings of the Court, the Executive Council, the Academic and Activity Council and of any Committees appointed by those authorities; (d) to conduct the official correspondence of the Court, the Executive Council and the Academic and Activity Council; (e) to supply to the Central Government, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings; 17 ----- (f) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and (g) to perform such other duties as may be specified in the Statutes, the Ordinances or Regulations or as may be required from time to time by the Executive Council. **6. Finance Officer** .—(1) The Finance Officer shall be appointed by the Executive Council on the recommendations of the Selection Committee constituted for the purpose and shall be a wholetime salaried officer of the University. (2) The Finance Officer shall be appointed for a term of five years and shall be eligible for re appointment. (3) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Executive Council form time to time: Provided that the Finance Officer shall retire on attaining the age of sixty-two years. (4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The Finance Officer shall be ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee. (6) The Finance Officer shall— (a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and (b) perform such other financial function as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances. (7) Subject to the control of the Executive Council, the Finance Officer shall— (a) hold and manage the property and investments of the University including trust and endowed property; (b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted; (c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council; (d) keep a constant watch on the state of the cash and bank balances and on the state of investments; (e) watch the progress of the collection of revenues and advise on the methods of collection employed; (f) ensure that the registers of buildings, land, furniture and equipment are maintained up to date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Departments, Centres and Specialised Laboratories; (g) bring to the notice of the Vice-Chancellor any unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and (h) call for, from any office, Department, Centre, Laboratory, College, Institution, Regional Centre or Study Centre established or maintained by the University, any information or returns that he may consider necessary for the performance of his duties. 18 ----- (8) Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Executive Council for any money payable to University shall be sufficient discharge for payment of such money. **7. Controller of Examination.—(1) The Controller of Examinations shall be appointed by the** Executive Council on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) The Controller of Examinations shall be appointed for a term of five years and shall be eligible for re-appointment. (3) The emoluments and other terms and conditions of service of the Controller of Examinations shall be such as may be prescribed by the Executive Council from time to time: Provided that the Controller of Examinations shall retire on attaining the age of sixty-two years. (4) When the officer of the Controller of Examinations is vacant or when the Controller of Examinations is, by reason of illness, absence or any other cause, unable to perform the duties of his office, shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The Controller of Examinations shall arrange for and superintend the examinations of the University in the manner prescribed by the Ordinances. **8. Librarian.—(1) The Librarian shall be appointed by the Executive Council on the recommendations of** the Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council. **9. Constitution and meetings of Court.—(1) The Court shall consist of the following members** who shall hold office for a period of three years, namely:— (a) Ex officio Members:— (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Proctor; (iv) the Deans of Schools; (v) the Dean of Students' Welfare; (vi) the Finance Officer; (vii) one Senior Warden, by rotation; (viii) the Librarian of the University; (ix) the President, Alumni Association; (b) other Members: (i) Heads of Departments or Professors who are members of the Academic and Activity Council; (ii) one representative from each institution recognised by the university, nominated by the Vice-Chancellor on recommendations of the Head of the Institution; (iii) not more than four persons from amongst eminent sports scientists, sports academicians and sports administrators to be nominated by the Central Government; (iv) not more than two persons representing sports industry, to be nominated by the Central Government; (v) not more than ten persons from amongst eminent sports persons and highly recognised coaches to be nominated by the Central Government; (c) the Registrar, who shall be the ex officio Member Secretary. 19 ----- (2) An annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year. (3) At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance-sheet as audited, and financial estimates for the next year shall be presented. (4) A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2) shall be sent to every member of the Court at least seven days before the date of the annual meeting. (5) Special meetings of the Court may be convened by the Executive Council or the Vice Chancellor or if there is no Vice-Chancellor, by the Registrar. (6) Eleven members of the Court shall form a quorum for a meeting of the Court. **10. Quorum for meeting of Executive Council.—Seven members of the Executive Council shall** form a quorum for a meeting of the Executive Council. **11. Constitution, powers and functions of Executive Council.—(1) The Executive Council shall** consist of the following members to be nominated by the Central Government who shall hold office for a period of two years, namely:— (a) Ex officio Members: (i) the Vice-Chancellor; (ii) the Proctor; (iii) the Deans of Students' Welfare; (iv) the Additional Secretary and Financial Advisor, Ministry of Youth Affairs and Sports; (v) the Joint Secretary, Ministry of Youth Affairs and Sports; (vi) the Deans of Schools; (b) Other Members: (i) three Senior Professors by rotation; (ii) four persons from amongst sports scientists, sports administrators, eminent sports persons and distinguished coaches. (2) The Executive Council shall have the power of management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for. (3) Subject to the provision of this Act, the Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely:— (i) to create teaching and other academic posts including Chairs, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Associate Professors, Assistant Professors and other academic staff: Provided that no action shall be taken by the Executive Council in respect of the number and qualifications of teachers and other academic staff otherwise than after consideration of the recommendations of the Academic and Activity Council; (ii) to appoint such Professors, Associate Professors, Assistant Professors and other academic staff including Chair, as may be necessary, on the recommendation of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein; (iii) to promote interfacial research by making joint appointments of teaching staff in different Schools, Department and Centres; (iv) to create administrative, ministerial and other necessary posts and to define their duties and conditions of their service and to make appointments thereto in the manner prescribed by the Ordinances; 20 ----- (v) to grant leave of absence to any officer of the University other than the Chancellor and the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence; (vi) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances; (vii) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents as it may think fit; (viii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendation of the Finance Committee; (ix) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, share or securities, from time to time, as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time; (x) to transfer or accept transfers of any movable or immovable property on behalf of the University; (xi) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University; (xii) to enter into, vary, carry out and cancel contracts on behalf of the University; (xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the University who may, for any reason, feel aggrieved; (xiv) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic and Activity Council; (xv) to select a common seal for the University and provide for the use of such seal; (xvi) to make such special arrangements as may be necessary for the residence of women students; (xvii) to institute fellowships, scholarships, studentships, medals and prizes; (xviii) to provide for the appointment of Visiting Professors, Emeritus Professors, Consultants and Scholars and determine the terms and conditions of such appointments; (xix) to enter into partnership with industry and non-Government agencies for the advancement of knowledge and establish a corpus of funds out of the profits of such partnership; and (xx) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or these Statutes. **12. Members of Academic and Activity Council and quorum for meeting.—(1) The members** of the Academic and Activity Council shall include sports persons who have achieved distinction in Olympics or world championships. (2) Nine members of the Academic and Activity Council shall form quorum for the meeting of the Academic and Activity Council. **13. Powers and functions of Academic and Activity Council.—Subject to the provisions of this** Act, the Statutes and the Ordinances, the Academic and Activity Council shall, in addition to all other powers vested in it, have the following powers, namely:— (a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-ordination of teaching among the Colleges, Institutions, Regional Centres and Study Centres and evaluation of research and improvement of academic standards; (b) to bring about and promote inter-School co-ordination and to establish or appoint such committees or boards as may be deemed necessary for the purpose; 21 ----- (c) to consider matters of general academic interest either on its own initiative, or on a reference by a School or the Executive Council, and to take appropriate action thereon; (d) to frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residence, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance. **14. Schools of Studies and Departments.—(1) The University shall have such Schools of Studies** as may be specified in the Statutes. (2) Every School shall have a School Board and the members of the first School Board shall be nominated by the Executive Council for a period of three years. (3) The composition, powers and functions of a School Board shall be prescribed by the Ordinances. (4) The conduct of the meetings of a School Board and the quorum required for such meetings shall be prescribed by the Ordinances. (5) (a) Every School shall consist of such Departments as may be assigned to it by the Ordinances: Provided that the Executive Council may, on the recommendation of the Academic and Activity Council, establish Centres of Studies to which may be assigned such teachers of the University as the Executive Council may consider necessary. (b) Each Department shall consist of the following members, namely:— (i) teachers of the Department; (ii) persons conducting research in the Department; (iii) Dean of the School; (iv) Honorary Professors, if any, attached to the Department; and (v) such other persons as may be members of the Department in accordance with the provisions of the Ordinances. **15. Board of Sports Studies.—(1) Each Department shall have a Board of Sports Studies.** (2) The term of office of the Board of Sports Studies and of its members shall be prescribed by the Ordinances. (3) Subject to the overall control and supervision of the Academic and Activity Council, the functions of a Board of Sports Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances,— (a) courses of studies and appointment of examiners for courses, but excluding research degrees; (b) appointment of supervisors for research; and (c) measures for the improvement of the standard of teaching and research: Provided that the above functions of a Board of Sports Studies shall, during the period of three years immediately after the commencement of this Act, be performed by the Department. **16. Finance Committee.—(1) The Finance Committee shall consist of the following members,** namely:— (i) the Vice-Chancellor; (ii) one person to be nominated by the Court; (iii) three persons to be nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council; and (iv) three persons to be nominated by the Central Government. (2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee. 22 ----- (3) All the members of the Finance Committee, other than ex officio members, shall hold office for a term of three years. (4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee. (5) The Finance Committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure. (6) All proposals relating to creation of posts, and those items which have not been included in the budget, shall be examined by the Finance Committee before they are considered by the Executive Council. (7) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval. (8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans). **17. Selection Committees.—(1) There shall be Selection Committees for making** recommendations to the Executive Council for appointment to the post of Professor, Associate Professor, Assistant Professor, Registrar, Finance Officer, Controller of Examinations, Librarian and Principals of Colleges, Institutions, Regional Centres and Study Centres established or maintained by the University. (2) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of the Vice-Chancellor, a nominee of the Central Government and the persons specified in the corresponding entry in column 2 of the said Table: TABLE 1 2 Professor. (i) The Dean of the School. (ii) The Head of the Department, if he is a Professor. (iii) Three persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic and Activity Council for their special knowledge of, or interest in, the subject with which the Professor will be concerned. Associate Professor/ (i) The head of the Department. Assistant Professor. (ii) One Professor nominated by the Vice-Chancellor. (iii) Two persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic and Activity Council for their special knowledge of, or interest in, the subject with which the Associate Professor or Assistant Professor will be concerned. Registrar/ Finance Officer/ Controller of Examination. (i) Two members of the Executive Council nominated by it. (ii) One person not in the service of the University nominated by the Executive Council. Librarian. (i) One person not in the service of the University who has special knowledge of the subject of the Library Science or Library Administration nominated by the Executive Council. (ii) One person not in the service of the University nominated by the Executive Council. 23 ----- 1 2 Principal of College or Institution maintained by the University. Three persons not in the service of the University of whom two shall be nominated by the Executive Council and one by the Academic and Activity Council for their special knowledge of, or interest in, a subject in which instruction is being provided by the College or Institution. _Note 1: Where the appointment is being made for an inter-disciplinary project, the head of the_ project shall be deemed to be the Head of the Department concerned. _Note 2: The Professor to be nominated by the Vice-Chancellor shall be a Professor concerned_ with the speciality for which the selection is being made and the Vice-Chancellor shall consult the Head of the Department and the Dean of the School before nominating the Professor. (3) The Vice-Chancellor shall convene and preside at the meeting of the Selection Committee: Provided that the meeting of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of the Central Government's nominee and the experts nominated by the Executive Council: Provided further that the proceedings of the Selection Committee shall not be valid unless,— (a) where the number of the Central Government's nominee and the persons nominated by the Executive Council is four in all, at least three of them attend the meeting; and (b) where the number of the Central Government's nominee and the persons nominated by the Executive Council is three in all, at least two of them attend the meeting. (4) The procedure to be followed by the Selection Committee shall be laid down in the Ordinances. (5) If the Executive Council is unable to accept the recommendations made by the Selection Committee, it shall record its reasons and submit the case to the Central Government for final orders. (6) (a) Appointments to temporary posts shall,— (i) if the temporary vacancy is for duration longer than one academic session, be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses: Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months; (ii) if the temporary vacancy is for a period less than a year, be made on the recommendation of a local Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice-Chancellor: Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor: Provided further that in the case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment. (b) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under the Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be. **18. Special mode of appointment.—(1) Notwithstanding anything contained in Statute 17,** the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor or Associate Professor or any other equivalent academic 24 ----- post in the University on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post: Provided that the Executive Council may also create supernumerary posts for a specified period for appointment of such persons: Provided further that the number of supernumerary posts so created should not exceed five per cent. of the total posts in the University. (2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organistion for undertaking a joint project in accordance with the manner laid down in the Ordinances. **19. Appointment for fixed tenure.—The Executive Council may appoint a person selected in** accordance with the procedure laid down in Statute 17 for a fixed tenure on such terms and conditions as it deems fit. **20. Committees.—(1) An authority of the University may appoint as many standing or special** committees as it may deem fit, and may appoint to such committees persons who are not members of such authority. (2) A committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it. **21. Terms and conditions of service and code of conduct of teachers, etc.—(1) All the teachers** and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. (2) The emoluments of members of the academic staff shall be such as may be prescribed by the Ordinances. (3) Every teacher and member of the academic staff of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances. (4) A copy of every contract referred to in clause (3) shall be deposited with the Registrar. **22. Terms and conditions of service and code of conduct of other employees.—(1) All the** employees of the University, other than the teachers and other academic staff shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. (2) The manner of appointment and emoluments of employees, other than the teachers and other academic staff, shall be such as may be prescribed by the Ordinances. **23. Seniority list.—(1) Whenever, in accordance with the Statutes, any person is to hold an office** or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the Executive Council may, from time to time, prescribe. (2) It shall be the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1). (3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final. **24. Removal of employees of University.—(1) Where there is an allegation of misconduct against a** teacher, a member of the academic staff or other employee of the University, the Vice-Chancellor, in the case of the teacher or a member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee may, by order in 25 ----- writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made: Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order. (2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and condition of service of the employees, the Executive Council in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of misconduct. (3) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months' notice or on payment of three months' salary in lieu thereof. (4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made: Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension. (6) Notwithstanding anything contained in the foregoing provisions of the Statute, a teacher, member of the academic staff or other employee may resign,— (a) if he is a permanent employee, only after giving three months' notice in writing to the Executive Council or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof; (b) if he is not a permanent employee, only after giving one month's notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one month's salary in lieu thereof: Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Executive Council or the appointing authority, as the case may be. **25. Honorary degrees.—(1) The Executive Council may, on the recommendation of the** Academic and Activity Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Central Government for the conferment of honorary degrees: Provided that in case of emergency, the Executive Council may, on its own motion, make such proposals. (2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Central Government, any honorary degree conferred by the University. **26. Withdrawal of degrees, etc.—The Executive Council may, by a resolution passed by a** majority of not less than two-thirds of the members present and voting, withdraw a degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause: Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice as to why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council. 26 ----- **27. Maintenance of discipline amongst students of University.—(1) All powers relating to the** maintenance of discipline and disciplinary action in relation to the students of the University shall vest in Vice-Chancellor. (2) There shall be Proctor of the University to assist the Vice-Chancellor in the exercise of the powers referred to in clause (1), who shall be appointed by the Executive Council from amongst the Professors and Associate Professors in the manner prescribed by the Ordinances. (3) The Vice-Chancellor may delegate all or any of the powers referred to in clause (1), as he deems proper, to the Proctor and to such other officers as he may specify in this behalf. (4) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the ViceChancellor may, in exercise of such powers, by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted to a course or courses of study in a College, Institution or Regional Centre or a Department or a School of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or Regional Centre or Department or a School for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be withheld or cancelled. (5) The Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Institutions, Schools and teaching Departments in the University, as may be necessary for the proper conduct of such Colleges, Institution, Schools and teaching Departments. (6) Without prejudice to the powers of the Vice-Chancellor and the Principals and other persons specified in clause (5), detailed rules of discipline and proper conduct shall be made by the University and the Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University may also make such supplementary rules as they deem necessary for the purposes stated therein. (7) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University. **28. Convocations.—Convocations of the University for the conferring of degrees or for other** purposes shall be held in such manner as may be prescribed by the Ordinances. **29. Acting Chairman of meetings.—Where no provision is made for Chairman to preside over a** meeting of any authority of the University or any Committee of such authority or when the Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting. **30. Resignation.—Any member, other than an** _ex officio_ member of the Court, the Executive Council, the Academic and Activity Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar. **31. Disqualification.—(1) A person shall be disqualified for being chosen as, and for being, a member of** any of the authorities, or for being appointed as, and for being, an officer, of the University if— (i) he is of unsound mind; (ii) he is an undischarged insolvent; or (iii) he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months. (2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in sub-clause (i), the question shall be referred to the Central Government 27 ----- and its decision shall be final and no suit or other proceeding shall lie in any civil court against such decision. **32. Residence conditions for membership and office.—Notwithstanding anything contained in** the Statutes, a person who is not ordinarily resident in India shall not be eligible to be an officer of the University or a member of any authority of the University. **33. Membership of authorities of virtue of membership of other bodies.—Notwithstanding** anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be. **34. Alumni Association.— (1) There shall be an Alumni Association for the University.** (2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances. (3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of election and is a degree holder of the University of at least five years standing: Provided that the condition relating to the completion of one year's membership shall not apply in the case of the first election. **35. Students Council.—(1) There shall be constituted in the University, a Students' Council for** every academic year, consisting of,— (i) the Dean of Students' Welfare who shall be the Chairman of the Students' Council; (ii) twenty students to be nominated by the Academic and Activity Council on the basis of merit in studies, sports and extra-curricular activities; and (iii) twenty students to be elected by the students as their representatives: Provided that any student of the University shall have the right to bring up any matter concerning the University before the Students' Council, if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration. (2) The functions of the Students' Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students' welfare and other matters of importance, in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion. (3) The Students' Council shall meet at least twice in every academic year and the first meeting of the Council be held in the beginning of the academic session. **36. Ordinance how to be made.—(1) The first Ordinances made under sub-section (2) of section** 26 may be amended or repealed at any time by the Executive Council in the manner specified in the following clauses. (2) No Ordinances in respect of the matters enumerated in sub-section (1) of section 26 of this Act shall be made by the Executive Council unless a draft of such Ordinances has been proposed by the Academic and Activity Council. (3) The Executive Council shall not have power to amend any draft of any Ordinances proposed by the Academic and Activity Council under clause (2), but may reject the proposal or return the draft to the Academic and Activity Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest. (4) Where the Executive Council has rejected or returned the draft of an Ordinances proposed by the Academic and Activity Council, the Academic and Activity Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half of the total number of members of the Academic and 28 ----- Activity Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Central Government whose decision shall be final. (5) Every Ordinance made by the Executive Council shall come into effect immediately. (6) Every Ordinance made by the Executive Council shall be submitted to the Central Government within two weeks from the date of its adoption. (7) The Central Government shall have the power to direct the University to suspend the operation of any Ordinance. (8) The Central Government shall inform the Executive Council about its objection to the Ordinances referred to in clause (7) and may, after receiving the comments of the University, either withdraw the order suspending the Ordinances or disallow the Ordinances, and its decision shall be final. **37. Regulations.—(1) The authorities of the University may make Regulations consistent with this** Act, the Statutes and the Ordinances for the following matters, namely:— (i) laying down the procedure to be observed at their meeting and the number of members required to form a quorum; (ii) providing for all matters which are required by this Act, the Statutes or the Ordinances, to be prescribed by Regulations; and (iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by this Act, the Statutes or the Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Executive Council may direct the amendment in such manner as it may specify of any Regulation made under the Statutes or the annulment of any such Regulation. **38. Delegation of powers.—Subject to the provisions of this Act and the Statutes, any officer or** authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers. 29 -----

9-Jul-2019

10

The Central Educational Institutions (Reservation in Teachers Cadre) Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/11008/1/A2019-10.pdf

central

# THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION IN TEACHERS’ CADRE) ACT, 2019 ___________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Reservation of posts in recruitments by Central Educational Institutions. 4. Act not to apply in certain cases. 5. Laying of notifications before Parliament. 6. Repeal and savings. 1 ----- # THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION IN TEACHERS’ CADRE) ACT, 2019 ACT NO. 10 OF 2019 [9th July, 2019.] # An Act to provide for the reservation of posts in appointments by direct recruitment of persons belonging to the Scheduled Castes, the Scheduled Tribes, the socially and educationally backward classes and the economically weaker sections, to teachers’ cadre in certain Central Educational Institutions established, maintained or aided by the Central Government, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Central Educational Institutions** (Reservation in Teachers’ Cadre) Act, 2019. (2) It shall be deemed to have come into force on the 7th day of March, 2019. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appropriate authority” means the University Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956), or any other authority or body established by or under a Central Act for the determination, coordination or maintenance of the standards of higher education in any Central Educational Institution; (b) “branch of study” means a branch of study leading to three principal levels of qualifications at bachelors (under graduate), masters (post graduate) and doctoral levels; (c) “Central Educational Institution” means— (i) a University established or incorporated by or under a Central Act; (ii) an institution of national importance established by an Act of Parliament; (iii) an institution, declared as an institution deemed to be University under section 3 of the University Grants Commission Act, 1956 (3 of 1956),, and maintained by or receiving aid from the Central Government; (iv) an institution maintained by or receiving aid from the Central Government, whether directly or indirectly, and affiliated to an institution referred to in sub-clause (i) or sub-clause (ii), or a constituent unit of an institution referred to in sub-clause (iii); and (v) an educational institution established by the Central Government under the Societies Registration Act, 1860 (21 of 1860); (d) “direct recruitment” means the process of appointing faculty by inviting applications against public advertisement from persons eligible to teach in a Central Educational Institution; (e) “economically weaker sections” means such weaker sections as are referred to in Explanation to clause (6) of article 15 of the Constitution; (f) “faculty” means the faculty of a Central Educational Institution; (g) “Minority Educational Institution” means an institution established and administered by the minorities under clause (1) of article 30 of the Constitution and so declared by an Act of Parliament or by the Central Government or declared as a Minority Educational Institution under the National Commission for Minority Educational Institutions Act, 2004 (2 of 2005); (h) “sanctioned strength” means the number of posts in teachers’ cadre approved by the appropriate 2 ----- authority; (i) “Scheduled Castes” means the Scheduled Castes notified under article 341 of the Constitution; (j) “Scheduled Tribes” means the Scheduled Tribes notified under article 342 of the Constitution; (k) “socially and educationally backward classes” means such backward classes as are so deemed under article 342A of the Constitution; (l) “teachers’ cadre” means a class of all the teachers of a Central Educational Institution, regardless of the branch of study or faculty, who are remunerated at the same grade of pay, excluding any allowance or bonus. **3. Reservation of posts in recruitments by Central Educational Institutions.—(1)** Notwithstanding anything in any other law for the time being in force, there shall be reservation of posts in direct recruitment out of the sanctioned strength in teachers' cadre in a Central Educational Institution to the extent and in the manner as may be specified by the Central Government by notification in the Official Gazette. (2) For the purpose of reservation of posts, a Central Educational Institution shall be regarded as one unit. **4. Act not to apply in certain cases.—The provisions of section 3 shall not apply to—** (a) the institutions of excellence, research institutions, institutions of national and strategic importance specified in the Schedule to this Act; (b) a Minority Educational Institution. (2) The Central Government may, by notification in the Official Gazette, amend the Schedule referred to in clause (a) of sub-section (1) from time to time. **5. Laying of notifications before Parliament.—Every notification made by the Central Government** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. **6. Repeal and savings.—(1) The Central Educational Institutions (Reservation in Teachers'** Cadre) Ordinance, 2019 (Ord. 13 of 2019) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act. 3 -----

26-Jul-2019

17

The India International Arbitration Centre Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/11413/1/A2019-17.pdf

central

# THE INDIA INTERNATIONAL ARBITRATION CENTRE ACT, 2019 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT AND INCORPORATION OF INDIA INTERNATIONAL ARBITRATION CENTRE 3. Establishment and incorporation of India International Arbitration Centre. 4. Declaration of India International Arbitration Centre as an institution of national importance. 5. Composition of Centre. 6. Terms and conditions, etc., of Chairperson and Members. CHAPTER III ACQUISITION AND TRANSFER OF UNDERTAKINGS OF SOCIETY 7. Transfer and vesting. 8. General effect of vesting. 9. Liability prior to specified date. 10. Power of Central Government to direct vesting of undertaking in Centre. 11. Management, etc., of undertakings. 12. Duties of persons in charge of management of undertakings to deliver all assets. 13. Certain powers of Central Government or Centre. 14. Objects of Centre. 15. Functions of Centre. 16. Vacancies, etc., not to invalidate proceedings of Centre. 17. Resignation of Members. 18. Removal of Members. 19. Committees of Centre. 20. Meetings of Centre. 21. Chief Executive Officer. 22. Delegation of powers. 23. Secretariat. 1 ----- SECTIONS CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 24. Grants by Central Government 25. Fund of Centre. 26. Accounts and audit. 27. Assessment of assets and liabilities of undertaking. CHAPTER V CHAMBER OF ARBITRATION AND ARBITRATION ACADEMY 28. Chamber of Arbitration. 29. Arbitration Academy. CHAPTER VI MISCELLANEOUS 30. Power to make rules. 31. Power to make regulations. 32. Laying of rules and regulations. 33. Protection of action taken in good faith. 34. Power to remove difficulty. 35. Repeal and savings. 2 ----- # THE INDIA INTERNATIONAL ARBITRATION CENTRE ACT, 2019 ACT NO. 17 OF 2019 [26th July, 2019.] # An Act to provide for the establishment and incorporation of the [1][India International Arbitration Centre] for the purpose of creating an independent and autonomous regime for institutionalised arbitration and for acquisition and transfer of the undertakings of the International Centre for Alternative Dispute Resolution and to vest such undertakings in the [1][India International Arbitration Centre] for the better management of arbitration so as to make it a hub for institutional arbitration and to declare the 1[India International Arbitration Centre] to be an institution of national importance and # for matters connected therewith or incidental thereto. WHEREAS dispute resolution process has a huge impact on the Indian economy and global perception on doing business in our country and it has become necessary to inspire confidence and credibility among the litigants of commercial disputes; AND WHEREAS rapidly changing economic activity demands expeditious settlement of disputes and creation and establishment of institutional arbitration; AND WHEREAS the International Centre for Alternative Dispute Resolution was set up in the year 1995, under the aegis of the Central Government and registered under the Societies Registration Act, 1860 (21 of 1860), with the objective of promoting alternative dispute resolution mechanism and providing facilities for the same; AND WHEREAS the International Centre for Alternative Dispute Resolution has received land and substantial funding by way of grants and other benefits from the Central Government for constructing infrastructure and making other facilities; AND WHEREAS the International Centre for Alternative Dispute Resolution has not been able to actively engage and embrace developments in the arbitration ecosystem and to create a reputation par excellence keeping pace with the dynamic nature of arbitration over more than two decades; AND WHEREAS studies conducted by the High Level Committee appointed by the Central Government indicate that the International Centre for Alternative Dispute Resolution has failed to address the growing needs of the institutional arbitration and also to bear optimum caseload and to become better choice to the parties for arbitration; AND WHEREAS it has become expedient to take over the undertakings of the International Centre for Alternative Dispute Resolution including its regional offices without interfering with its activities and without adversely affecting its character as a Society but to utilise its existing infrastructure and other facilities which have been set up by using the public funds provided by the Government and to incorporate a robust institution for domestic and international arbitration to be known as the [2][India International Arbitration Centre]; AND WHEREAS it is considered necessary to declare the [2][India International Arbitration Centre] as an institution of national importance for its overall development as a major arbitration hub by promoting quick and efficient dispute resolution mechanism. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. Subs. by Act 23 of 2022, s. 2, for “New Delhi International Arbitration Centre” (w.e.f. 27-1-2023). 2. Subs. by s. 3, ibid., for “New Delhi International Arbitration Centre” (w.e.f. 27-1-2023). 3 ----- CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the** [1][India International Arbitration Centre] Act, 2019. (2) It shall be deemed to have come into force on the 2nd March, 2019. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “Centre” means the [2][India International Arbitration Centre] established and incorporated under section 3; (b) “Chairperson” means the Chairperson of the Centre referred to in clause (a) of section 5; (c) “Chief Executive Officer” means the Chief Executive Officer appointed under section 21; (d) “Committee” means the relevant Committee of the Centre referred to in section 19; (e) “Custodian” means the person who is appointed as Custodian under sub-section (2) of section 11 in respect of the undertakings; (f) “Fund” means the Fund of the Centre to be maintained under section 25; (g) “Member” means Full-time or Part-time Member of the Centre and includes the Chairperson; (h) “notification” means a notification published in the Official Gazette; (i) “prescribed” means prescribed by rules made by the Central Government under this Act; (j) “regulations” means regulations made by the Centre under this Act; (k) “Society” means the International Centre for Alternative Dispute Resolution, registered as such under the Societies Registration Act, 1860 (21 of 1860), and having its registered office at New Delhi; (l) “specified date” means the date as may be specified by the Central Government by notification; (m) “undertakings” means the undertakings of the Society which vests with the Central Government under section 7. (2) All other words and expressions used herein but not defined and defined in the Arbitration and Conciliation Act, 1996 (26 of 1996), shall have the same meanings as assigned to them in that Act. CHAPTER II ESTABLISHMENT AND INCORPORATION OF [3][INDIA INTERNATIONAL ARBITRATION CENTRE] **3.** **Establishment and incorporation of** **[4][India International Arbitration Centre].—(1) The** Central Government shall, by notification, establish a body to be called the [4][India International Arbitration Centre] for the purposes of exercising the powers and discharging the functions under this Act. (2) The Centre shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued. 1. Subs. by Act 23 of 2022, s. 4, for “New Delhi International Arbitration Centre” (w.e.f. 27-1-2023). 2. Subs. by s. 5, ibid., for “New Delhi International Arbitration Centre” (w.e.f. 27-1-2023). 3. Subs. by s. 6, ibid., for Chapter heading “NEW DELHI INTERNATIONAL ARBITRATION CENTRE” (w.e.f. 27-12023). 4. Subs. by s. 7, ibid., for “New Delhi International Arbitration Centre” (w.e.f. 27-1-2023). 4 ----- **4. Declaration of** **[1][India International Arbitration Centre] as an institution of national** **importance.—(1) Whereas, the objects of the** [1][India International Arbitration Centre] are such as to make it as an institution of national importance, it is hereby declared that the [1][India International Arbitration Centre] is an institution of national importance. (2) The head office of the Centre shall be at New Delhi and it may with the previous approval of the Central Government, establish branches at other places in India and abroad. **5. Composition of Centre.—The Centre shall consist of the following Members, namely:––** (a) a person, who has been a Judge of the Supreme Court or a Judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, law or management, appointed by the Central Government in consultation with the Chief Justice of India––Chairperson; (b) two eminent persons having substantial knowledge and experience in institutional arbitration, both domestic and international, appointed by the Central Government––Full-time Members or Part-time Members; (c) one representative of a recognised body of commerce and industry, chosen on rotational basis by the Central Government––Part-time Member; (d) Secretary, Department of Legal Affairs, Ministry of Law and Justice or his representative, not below the rank of the Joint Secretary––Member, ex officio; (e) one Financial Adviser nominated by the Department of Expenditure, Ministry of Finance–– Member, ex officio; and (f) Chief Executive Officer––Member, ex officio. **6. Terms and conditions, etc., of Chairperson and Members.––(1) The Chairperson and** Members shall hold office for a term of three years from the date on which they enter upon their office and shall be eligible for re-appointment: Provided that no Chairperson or Member shall hold office as such after he has attained the age of seventy years in the case of Chairperson and sixty-seven years in the case of a Member. (2) The terms and conditions, salaries and allowances payable to the Chairperson and Full-time Member shall be such as may be prescribed. (3) The term of office of a Member appointed to fill a casual vacancy shall be for the remainder of the term of the Member in whose place he has been appointed. (4) The Part-time Member shall be entitled to such travelling and other allowances as may be prescribed. CHAPTER III ACQUISITION AND TRANSFER OF UNDERTAKINGS OF SOCIETY **7. Transfer and vesting.––On and from the specified date, so much of the undertakings of the** Society as form part of, or are relatable to the Society, and the right, title and interest of the Society in relation to such undertakings, shall, by virtue of this Act, stand transferred to, and vest in, the Central Government. **8. General effect of vesting.––(1) The undertakings vested under section 7 shall be deemed to** include all assets, rights, leaseholds, powers, authorities and privileges, and all property (movable and immovable), including lands, buildings, works, projects, instruments, automobiles and other vehicles, cash balances, funds, including reserve funds, investments and book debts of the Society as form part of, or are relatable to, the Society and all other rights and interest arising out of such properties as were immediately before the commencement of the New Delhi International Arbitration Centre 1. Subs. by Act 23 of 2022, s. 8, for “New Delhi International Arbitration Centre” (w.e.f. 27-1-2023). 5 ----- Ordinance, 2019 (Ord. 10 of 2019) in the ownership, possession, power or control of the Society, and all books of account, registers and all other documents of whatever nature relating thereto. (2) All properties and assets as aforesaid which have vested in the Central Government under section 7 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, _lien and all other encumbrances affecting them or of any attachment, injunction, decree or_ order of any court or other authority restricting the use of such properties or assets in any manner or appointing any receiver in respect of the whole or any part of such properties or assets shall be deemed to have been withdrawn. (3) Any licence or other instrument granted to the Society in relation to any undertaking which has vested in the Central Government under section 7 at any time before the specified date and in force immediately before the specified date, shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purpose of such undertaking or where the undertaking is directed under section 10, to vest in the Centre, the Centre shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to the Centre and the Centre shall hold it for the remainder of the period which the Society would have held it under the terms thereof. (4) If, on the specified date, any suit, appeal or other proceeding, of whatever nature, in relation to any property or asset which has vested in the Central Government under section 7, instituted or preferred by or against the Society is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertaking of the Society of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the Central Government or where the undertakings of the Society are directed under section 10, to vest in the Centre, by or against the Centre. **9. Liability prior to specified date.––Every liability in relation to any undertaking in respect of** any period prior to the specified date, shall be enforceable against the Society and not against the Central Government. **10. Power of Central Government to direct vesting of undertaking in Centre.––(1)** Notwithstanding anything contained in sections 7 and 8, the Central Government shall, as soon as may be after the specified date, direct by notification, that the undertakings and the right, title and interest of the Society in relation to such undertakings which had vested in the Central Government under section 7, shall, vest in the Centre either on the date of publication of the notification or on such earlier or later date as may be specified in the notification. (2) Where the right, title and interest of the Society in relation to the undertakings vest, under sub-section (1), in the Centre, the Centre shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings and the rights and liabilities of the Central Government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become, the rights and liabilities, respectively, of the Centre. **11.** **Management, etc., of undertakings.––(1) The general superintendence, direction, control and** management of affairs of the undertakings, the right, the interest in relation to which have vested in the Central Government under section 7, shall–– (a) where a direction has been made by the Central Government under sub-section (1) of section 10, vest in the Centre; or (b) where no such direction has been made by the Central Government, vest in the Custodian appointed by the Central Government under sub-section (2), and, thereupon, the Centre or the Custodian so appointed, as the case may be, shall be entitled to exercise all such powers and do all such things as the Society, is authorised to exercise and do in relation to its undertakings. (2) The Central Government may appoint any person as the Custodian of the undertakings in relation to which no direction has been made by it under sub-section (1) of section 10. 6 ----- (3) The Custodian so appointed shall receive such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government. **12. Duties of persons in charge of management of undertakings to deliver all assets.––(1) On** the vesting of the management of the undertakings in the Centre or on the appointment of a Custodian under sub-section (2) of section 11, all persons in charge of management of the undertakings immediately before such vesting or appointment shall be bound to deliver to the Centre or Custodian, as the case may be, all assets, books of account, registers and other documents in their custody relating to the undertakings. (2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Custodian as to the powers and duties of the Custodian and such Custodian may also, if it is considered necessary so to do, apply to the Central Government at any time for instructions as to the manner in which the management of the undertaking shall be conducted or in relation to any other matter arising in the course of such management. (3) Any person who on the specified date, has in his possession or under his control, any books, documents or other papers relating to the undertakings shall be liable to account for the said books, documents or other papers to the Central Government or the Custodian or the Centre, as the case may be, and shall deliver them to the Central Government or the Custodian or the Centre or to such person or body of persons as the Central Government or the Centre may specify in this behalf. (4) The Central Government or the Centre may take or cause to be taken, all necessary steps for securing possession of all undertakings which have vested in the Central Government or the Centre under this Act. (5) The Society shall, within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all its properties and assets, as on the commencement of the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019) pertaining to the undertaking and for this purpose, the Central Government or Custodian or the Centre shall afford to the Society, or body all reasonable facilities. **13. Certain powers of Central Government or Centre.––The Central Government or the** Custodian or the Centre shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to the Society in relation to its undertakings which have vested in the Central Government or Custodian or the Centre, as the case may be, and realised after the commencement of the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019), notwithstanding that the realisation pertains to a period prior to the commencement of the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019). **14. Objects of Centre.** –– The objects of the Centre shall be,–– (a) to bring targeted reforms to develop itself as a flagship institution for conducting international and domestic arbitration; (b) to promote research and study, providing teaching and training, and organising conferences and seminars in arbitration, conciliation, mediation and other alternative dispute resolution matters; (c) to provide facilities and administrative assistance for conciliation, mediation and arbitral proceedings; (d) to maintain panels of accredited arbitrators, conciliators and mediators both at national and international level or specialists such as surveyors and investigators; (e) to collaborate with other national and international institutions and organisations for ensuring credibility of the Centre as a specialised institution in arbitration and conciliation; (f) to set up facilities in India and abroad to promote the activities of the Centre; (g) to lay down parameters for different modes of alternative dispute resolution mechanisms being adopted by the Centre; and 7 ----- (h) such other objectives as it may deem fit with the approval of the Central Government. **15. Functions of Centre.––Without prejudice to the provisions contained in section 14, the Centre** shall strive,–– 1[(a) to facilitate the conduct of conciliation and other forms of alternative dispute resolution mechanism, both international and domestic, in the manner as may be specified by the regulations;] (b) to provide cost effective and timely services for the conduct of arbitration and conciliation at national and international level; (c) to promote studies in the field of alternative dispute resolution and related matters, and to promote reforms in the system of settlement of disputes; (d) to undertake teaching and to provide for diffusion of knowledge of law and procedures on alternative dispute resolution and related matters and to award certificates and other academic or professional distinction; (e) to impart training in alternative dispute resolution and related matters to those who are handling arbitration, conciliation and mediation; (f) to co-operate with other societies, institutions and organisations, national or international for promoting alternative dispute resolution; and (g) to perform such other functions as may be entrusted to it by the Central Government for promoting alternative dispute resolution. **16. Vacancies, etc., not to invalidate proceedings of Centre.––No act or proceedings of the** Centre shall be invalid merely by reason of,–– (a) any vacancy or any defect in the constitution of the Centre; or (b) any defect in the appointment of a person acting as a Member of the Centre; or (c) any irregularity in the procedure of the Centre not affecting the merits of the case. **17. Resignation of Members.––The Chairperson or the Full-time Member or Part-time Member** may, by notice in writing, under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or the Full-time Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earlier. **18.** **Removal of Members.––(1) The Central Government may, remove a Member from his office** if he,–– (a) is an undischarged insolvent; or (b) has engaged at any time (except Part-time Member), during his term of office, in any paid employment; or (c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest; or (f) has become physically or mentally incapable of acting as a Member. 1. Subs. by Act 23 of 2022, s. 9, for clause (a) (w.e.f. 27-1-2023). 8 ----- (2) Notwithstanding anything contained in sub-section (1), no Member shall be removed from his office on the grounds specified in clauses (d) and (e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that the Member, ought on such ground or grounds to be removed. **19. Committees of Centre.** –– (1) The Centre may constitute such Committees as may be considered necessary to administer various aspects of its functions. (2) The composition and functions of the Committees referred to in sub-section (1) shall be such as may be prescribed. (3) The Committee shall meet at such time and at such places and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum as may be specified by the regulations. **20. Meetings of Centre.** –– (1) The Chairperson shall ordinarily preside at the meetings of the Centre: Provided that, in his absence, the Member chosen by the other Members present amongst themselves shall preside at the meetings. (2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Centre are implemented. (3) The Chairperson shall exercise such other powers and perform such other duties as are assigned to him under this Act. (4) The Centre shall meet at least four times a year and follow such procedure in its meetings including quorum at such meetings in such manner as may be specified by the regulations. (5) All questions which come up before any meeting of the Centre shall be–– (a) decided by a majority of votes by the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding, shall have a casting vote; (b) dealt with as expeditiously as possible and the Centre shall dispose of the same within a period of sixty days from the date of receipt of the application: Provided that where any such [1][question] could not be disposed of within the said period of sixty days, the Centre shall record its reasons in writing for not disposing of the [1][question] within that period. (6) The Chairperson may invite any expert, not being a Member, to attend the meetings of the Centre, but such invitee shall not be entitled to vote at the meeting. **21. Chief Executive Officer. –– (1) There shall be a Chief Executive Officer of the Centre who** shall be responsible for day-to-day administration of the Centre and for this purpose, he shall maintain liaison with the Centre and the Secretariat. (2) The appointment, qualifications and the terms and conditions of services of the Chief Executive Officer shall be such as may be specified by the regulations. (3) The Chief Executive Officer shall exercise such powers and discharge such functions as may be specified by the regulations or as may be delegated to him by the Centre. **22. Delegation of powers. –– The Centre may, for the purpose of discharging of its powers,** functions and duties, by general or special order in writing, specify the powers and duties conferred or imposed upon the Centre by or under this Act (except the power to make regulation) which may also be exercised or performed by the Chief Executive Officer or any officer or officers of the Centre and the conditions and restrictions, if any, subject to which the powers and duties may be exercised and performed. 1. Subs. by Act 23 of 2022, s. 10, for “application” (w.e.f. 27-1-2023). 9 ----- **23. Secretariat. –– (1) There shall be a Secretariat to the Centre consisting of––** (a) Registrar, who shall supervise the activities of the [1][Secretariat]; (b) Counsel, dealing with the matters relating to domestic and international arbitration; and (c) such number of other officers and employees as may be prescribed. (2) The qualifications, experience, method of selection and the functions of the Registrar, Counsel and other officers and employees shall be such as may be prescribed. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT **24. Grants by Central Government. –– The Central Government may, after due appropriation** made by Parliament by law in this behalf, pay to the Centre in each financial year such sums of money and in such manner as it may think fit for being utilised for the purposes of this Act. **25. Fund of Centre. –– (1) The Centre shall maintain a Fund to which shall be credited,—** (a) all monies provided by the Central Government; (b) all fees and other charges received during or in connection with the arbitration, conciliation, mediation or other proceedings; (c) all monies received by the Centre for the facilities provided by it to the parties; (d) all monies received by the Centre in the form of donations, grants, contributions and income from other sources; and (e) the amount received from the investment income. (2) All monies credited to the Fund shall be deposited in such banks or invested in such manner as may be decided by the Centre. (3) The Fund shall be applied towards meeting the salaries and other allowances of Members 2[, Registrar, Counsel and other officers and employees of the Centre] and the expenses of the Centre including expenses incurred in the exercise of its powers and discharge of its duties under this Act. **26. Accounts and audit. –– (1) The Centre shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts, including the balance sheet, in such form and manner as may be prescribed in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Centre shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Centre to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Centre shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Centre. (4) The accounts of the Centre as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and the Central Government shall cause the same to be laid before each House of Parliament. **27. Assessment of assets and liabilities of undertaking.––The assets and liabilities in relation to** any undertaking under this Act shall be caused to be assessed by any agency authorised by the 1. Subs. by Act 23 of 2022, s. 11, for “Centre” (w.e.f. 27-1-2023). 2. Ins. by s. 12, ibid. (w.e.f. 27-1-2023). 10 ----- Comptroller and Auditor-General of India in such manner as may be specified by him and any payment on a claim to be made in relation thereto shall be settled by him between the Society and the Central Government and shall be paid by the Society or the Central Government, as the case may be, in the manner as may be specified by the Comptroller and Auditor-General of India. CHAPTER V CHAMBER OF ARBITRATION AND ARBITRATION ACADEMY **28. Chamber of arbitration.––(1) The Centre shall, establish a Chamber of Arbitration** [1][to] empanel the Arbitrators and also scrutinise the applications for admission in the panel of reputed arbitrators to maintain a permanent panel of arbitrators. (2) The Chamber of Arbitration shall consist of experienced arbitration practitioners of repute, at national and international level and persons having wide experience in the area of alternative dispute resolution and conciliation. (3) The Centre shall by regulations lay down the criteria for admission to the panel of the cadre so as to maintain a pool of reputed arbitrators having expertise in international commercial arbitration and arbitration other than international commercial arbitration. (4) The Registrar to the Secretariat of the Centre shall act as the Member-Secretary to the Chamber of Arbitration. **29. Arbitration Academy. –– (1) The Centre may establish an Arbitration Academy––** (a) to train the arbitrators, particularly in the area of international commercial arbitration to compete on par with the reputed international arbitral institutions; (b) to conduct research in the area of alternative dispute resolution and allied areas; and (c) to give suggestions for achieving the objectives of the Act. (2) For the purposes of sub-section (1), there may be constituted a permanent three member committee in order to suggest and to submit a report to the Centre with respect to the amendments, if any, necessary to the rules and regulations made under this Act. CHAPTER VI MISCELLANEOUS **30. Power to make rules. — (1) The Central Government may, by notification, make rules to** carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision for— (a) the terms and conditions and the salaries and allowances payable to the Chairperson and Full-time Members under sub-section (2) of section 6; (b) the travelling and other allowances payable to the Part-time Members under sub-section (4) of section 6; (c) the composition and functions of the Committees referred to in sub-section (2) of section 19; (d) the number of officers and employees of the Secretariat of the Centre under clause (c) of sub-section (1) of section 23; (e) the qualifications, experience, method of selection and the functions of the Registrar, Counsel and other officers and employees of the Centre under sub-section (2) of section 23; (f) annual statement of accounts, including the balance sheet under sub-section (1) of section 26; and 1. Subs. by Act 23 of 2022, s. 13, for “which shall” (w.e.f. 27-1-2023). 11 ----- (g) any other matter in respect of which provision is to be made or may be made under this Act. **31. Power to make regulations. — (1) The Centre may, with the previous approval of the** Central Government, by notification, make regulations consistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may make provision for–– 1[(a) the manner of the conduct of arbitration and other forms of alternative dispute resolution mechanism under clause (a) of section 15; (aa) the time and place and the rules of procedure to be observed in regard to the transaction of business of the Committee at the meetings including the quorum under sub-section (3) of section 19;] (b) the time and place and rules of procedure in regard to the transaction of business of the Centre or any Committee including the quorum at the meeting under sub-section (4) of section 20; (c) the appointment, qualifications and the terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 21; (d) the powers and functions of the Chief Executive Officer under sub-section (3) of section 21; (e) the criteria for admission to the panel of reputed arbitrators under sub-section (3) of section 28; and (f) any other matter in respect of which provision, in the opinion of the Centre, is necessary for the performance of its functions under this Act. **32. laying of rules and regulations. –– Every rule and regulation made under this Act shall be** laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **33. Protection of action taken in good faith. –– No suit, prosecution or other legal** proceedings shall lie against the Centre, the Chairperson or Members or its employees and arbitrators for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. **34. Power to remove difficulty. –– (1) If any difficulty arises in giving effect to the provisions** of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of 2[five years] from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 1. Subs. by Act 23 of 2022, s. 14, for clause (a) (w.e.f. 27-1-2023). 2. Subs. by s. 15, ibid., for “two years” (w.e.f. 27-1-2023). 12 ----- **35. Repeal and savings. –– (1) The New Delhi International Arbitration Centre Ordinance,** 2019 (Ord. 10 of 2019) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the New Delhi International Arbitration Centre Ordinance, 2019 (Ord. 10 of 2019), shall be deemed to have been done or taken under the provisions of this Act. 13 -----

31-Jul-2019

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The Muslim Women (Protection of Rights on Marriage) Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/11564/1/a2019-20.pdf

central

# THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 __________ ARRANGEMENT OF SECTIONS _____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II DECLARATION OF TALAQ TO BE VOID AND ILLEGAL 3. _Talaq to be void and illegal._ 4. Punishment for pronouncing talaq. CHAPTER III PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN 5. Subsistence allowance. 6. Custody of minor children. 7. Offence to be cognizable, compoundable, etc. 8. Repeal and savings. 1 ----- # THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 ACT NO. 20 OF 2019 [31st July, 2019.] # An Act to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Muslim Women** (Protection of Rights on Marriage) Act, 2019. (2) It shall extend to the whole of India except the State of Jammu and Kashmir*. (3) It shall be deemed to have come into force on the 19th day of September, 2018. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000); (b) “Magistrate” means a Judicial Magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974), in the area where the married Muslim woman resides; and (c) “talaq” means _talaq-e-biddat or any other similar form of_ _talaq having the effect of_ instantaneous and irrevocable divorce pronounced by a Muslim husband. CHAPTER II DECLARATION OF TALAQ TO BE VOID AND ILLEGAL **3. Talaq to be void and illegal.—Any pronouncement of talaq by a Muslim husband upon his wife, by words,** either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal. **4. Punishment for pronouncing talaq.—Any Muslim husband who pronounces talaq referred to in** section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. CHAPTER III PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN **5. Subsistence allowance.—Without prejudice to the generality of the provisions contained in any** other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate. **6. Custody of minor children.—Notwithstanding anything contained in any other law for the time** being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate. **7. Offence to be cognizable, compoundable, etc.—Notwithstanding anything contained in the Code** of Criminal Procedure, 1973 (2 of 1974),— (a) an offence punishable under this Act shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage; (b) an offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine; *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 2 ----- (c) no person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom _talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such_ person. **8. Repeal and savings.—(1) The Muslim Women (Protection of Rights on Marriage) Second** Ordinance, 2019 (Ord. 4 of 2019) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019), shall be deemed to have been done or taken under the provisions of this Act. 3 -----

31-Jul-2019

21

The Banning of Unregulated Deposit Schemes Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/11641/1/A2019-21.pdf

central

# THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II BANNING OF UNREGULATED DEPOSIT SCHEMES. 3. Banning of Unregulated Deposit Schemes. 4. Fraudulent default in Regulated Deposit Schemes. 5. Wrongful inducement in relation to Unregulated Deposit Schemes. 6. Certain scheme to be Unregulated Deposit Scheme. CHAPTER III AUTHORITIES 7. Competent Authority. 8. Designated Court. CHAPTER IV INFORMATION ON DEPOSIT TAKERS 9. Central database. 10. Information of business by deposit taker. 11. Information to be shared. CHAPTER V RESTITUTION TO DEPOSITORS 12. Priority of depositors' claim. 13. Precedence of attachment. 14. Application for confirmation of attachment and sale of property. 15. Confirmation of attachment by Designated Court. 16. Attachment of property of mala fide transferees. 17. Payment in lieu of attachment. 18. Powers of Designated Court. 19. Appeal to High Court. 20. Power of Supreme Court to transfer cases. 1 ----- SECTIONS CHAPTER VI OFFENCES AND PUNISHMENTS 21. Punishment for contravention of section 3. 22. Punishment for contravention of section 4. 23. Punishment for contravention of section 5. 24. Punishment for repeat offenders. 25. Offences by deposit takers other than individuals. 26. Punishment for contravention of section 10. 27. Cognizance of offences. CHAPTER VII INVESTIGATION, SEARCH AND SEIZURE 28. Offences to be cognizable and non-bailable. 29. Competent Authority to be informed of offences. 30. Investigation of offences by Central Bureau of Investigation. 31. Power to enter, search and seize without warrant. 32. Application of Code of Criminal Procedure, 1973 to proceedings before Designated Court. CHAPTER VIII MISCELLANEOUS 33. Publication of advertisement of Unregulated Deposit Scheme. 34. Act to have overriding effect. 35. Application of other laws not barred. 36. Protection of action taken in good faith. 37. Power of Central Government to make rules. 38. Power of State Government, etc., to make rules. 39. Laying of rules. 40. Power to amend First Schedule. 41. Act not to apply certain deposits. 42. Amendment to certain enactments. 43. Power to remove difficulties. 44. Repeal and saving. THE FIRST SCHEDULE THE SECOND SCHEDULE 2 ----- THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019 ACT NO. 21 OF 2019 [31st July, 2019.] An Act to provide for a comprehensive mechanism to ban the unregulated deposit schemes, other than deposits taken in the ordinary course of business, and to protect the interest of depositors and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Banning of Unregulated** Deposit Schemes Act, 2019. (2) It extends to the whole of India *except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 21st day of February, 2019 **2. Definitions—In this Act, unless the context otherwise requires,—** (1) “appropriate Government” means in respect of matters relating to,— (i) the Union territory without legislature, the Central Government; (ii) the Union territory of Puducherry, the Government of that Union territory; (iii) the Union territory of Delhi, the Government of that Union territory; and; (iv) the State, the State Government; (2) “company” shall have the same meaning as assigned to it in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013); (3) “Competent Authority” means an Authority appointed by the appropriate Government under section 7; (4) “deposit” means an amount of money received by way of an advance or loan or in any other form, by any deposit taker with a promise to return whether after a specified period or otherwise, either in cash or in kind or in the form of a specified service, with or without any benefit in the form of interest, bonus, profit or in any other form, but does not include— (a) amounts received as loan from a scheduled bank or a co-operative bank or any other banking company as defined in section 5 of the Banking Regulation Act, 1949 (10 of 1949); (b) amounts received as loan or financial assistance from the Public Financial Institutions notified by the Central Government in consultation with the Reserve Bank of India or any non-banking financial company as defined in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934) and is registered with the Reserve Bank of India or any Regional Financial Institutions or insurance companies; *. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by vide notification No. S.O. 3912 (E), dated 30th October, 2019. . 3 ----- (c) amounts received from the appropriate Government, or any amount received from any other source whose repayment is guaranteed by the appropriate Government, or any amount received from a statutory authority constituted under an Act of Parliament or a State Legislature; (d) amounts received from foreign Governments, foreign or international banks, multilateral financial institutions, foreign Government owned development financial institutions, foreign export credit collaborators, foreign bodies corporate, foreign citizens, foreign authorities or person resident outside India subject to the provisions of the Foreign Exchange Management Act, 1999 (42 of 1999) and the rules and regulations made thereunder; (e) amounts received by way of contributions towards the capital by partners of any partnership firm or a limited liability partnership; (f) amounts received by an individual by way of loan from his relatives or amounts received by any firm by way of loan from the relatives of any of its partners; (g) amounts received as credit by a buyer from a seller on the sale of any property (whether movable or immovable); (h) amounts received by an asset re-construction company which is registered with the Reserve Bank of India under section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (i) any deposit made under section 34 or an amount accepted by a political party under section 29B of the Representation of the People Act, 1951 (43 of 1951); (j) any periodic payment made by the members of the self-help groups operating within such ceilings as may be prescribed by the State Government or Union territory Government; (k) any other amount collected for such purpose and within such ceilings as may be prescribed by the State Government; (l) an amount received in the course of, or for the purpose of, business and bearing a genuine connection to such business including— (i) payment, advance or part payment for the supply or hire of goods or provision of services and is repayable in the event the goods or services are not in fact sold, hired or otherwise provided; (ii) advance received in connection with consideration of an immovable property under an agreement or arrangement subject to the condition that such advance is adjusted against such immovable property as specified in terms of the agreement or arrangement; (iii) security or dealership deposited for the performance of the contract for supply of goods or provision of services; or (iv) an advance under the long-term projects for supply of capital goods except those specified in item (ii): Provided that if the amounts received under items (i) to (iv) become refundable, such amounts shall be deemed to be deposits on the expiry of fifteen days from the date on which they become due for refund: 4 ----- Provided further that where the said amounts become refundable, due to the deposit taker not obtaining necessary permission or approval under the law for the time being in force, wherever required, to deal in the goods or properties or services for which money is taken, such amounts shall be deemed to be deposits. _Explanation.—For the purposes of this clause,—_ (i) in respect of a company, the expression “deposit” shall have the same meaning as assigned to it under the Companies Act, 2013 (18 of 2013); (ii) in respect of a non-banking financial company registered under the Reserve Bank of India Act, 1934 (2 of 1934), the expression “deposit” shall have the same meaning as assigned to it in clause (bb) of section 45-I of the said Act; (iii) the expressions “partner” and “firm” shall have the meanings respectively assigned to them under the Indian Partnership Act, 1932 (9 of 1932); (iv) the expression “partner” in respect of a limited liability partnership shall have the same meaning as assigned to it in clause (q) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009); (v) the expression “relative” shall have the same meaning as assigned to it in the Companies Act, 2013 (18 of 2013); (5) “depositor” means any person who makes a deposit under this Act; (6) “deposit taker” means— (i) any individual or group of individuals; (ii) a proprietorship concern; (iii) a partnership firm (whether registered or not); (iv) a limited liability partnership registered under the Limited Liability Partnership Act, 2008 (6 of 2009); (v) a company; (vi) an association of persons; (vii) a trust (being a private trust governed under the provisions of the Indian Trusts Act, 1882 (2 of 1882) or a public trust, whether registered or not); (viii) a co-operative society or a multi-State co-operative society; or (ix) any other arrangement of whatsoever nature, receiving or soliciting deposits, but does not include— (i) a Corporation incorporated under an Act of Parliament or a State Legislature; (ii) a banking company, a corresponding new bank, the State Bank of India, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-State co-operative bank as defined in the Banking Regulation Act,1949 (10 of 1949); 5 ----- (7) “Designated Court” means a Designated Court constituted by the appropriate Government under section 8; (8) “insurer” shall have the same meaning as assigned to it in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938); (9) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (10) “person” includes— (i) an individual; (ii) a Hindu Undivided Family; (iii) a company; (iv) a trust; (v) a partnership firm; (vi) a limited liability partnership; (vii) an association of persons; (viii) a co-operative society registered under any law for the time being in force relating to co-operative societies; or (ix) every artificial juridical person, not falling within any of the preceding sub-clauses; (11) “prescribed” means prescribed by the rules made by the Central Government or, as the case may be, the State Government under this Act; (12) “property” means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located; (13) “public financial institution” shall have the same meaning as assigned to it in clause (72) of section 2 of the Companies Act, 2013 (18 of 2013); (14) “Regulated Deposit Scheme” means the Schemes specified under column (3) of the First Schedule; (15) “Regulator” means the Regulator specified in column (2) of the First Schedule; (16) “Schedule” means the Schedule appended to this Act; (17) “Unregulated Deposit Scheme” means a Scheme or an arrangement under which deposits are accepted or solicited by any deposit taker by way of business and which is not a Regulated Deposit Scheme, as specified under column (3) of the First Schedule. 6 ----- **STATE AMENDMENT** **Union Territory of Jammu and Kashmir** **Section 2.—In clause (1), in sub-clause (iii), omit "and" and after sub-clause (iii) as so omitted,** insert— _“(iiia) the Union territory of Jammu and Kashmir, the Government of that Union territory; and”._ [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020).] CHAPTER II BANNING OF UNREGULATED DEPOSIT SCHEMES **3. Banning of Unregulated Deposit Schemes. — On and from the date of commencement of this** Act,— (a) the Unregulated Deposit Schemes shall be banned; and (b) no deposit taker shall, directly or indirectly, promote, operate, issue any advertisement soliciting participation or enrolment in or accept deposits in pursuance of an Unregulated Deposit Scheme. **4. Fraudulent default in Regulated Deposit Schemes. —No deposit taker, while accepting deposits** pursuant to a Regulated Deposit Scheme, shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such deposit. **5. Wrongful inducement in relation to Unregulated Deposit Schemes.—No person by whatever** name called shall knowingly make any statement, promise or forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any Unregulated Deposit Scheme. **6. Certain scheme to be Unregulated Deposit Scheme.—A prize chit or a money circulation scheme** banned under the provisions of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (43 of 1978) shall be deemed to be an Unregulated Deposit Scheme under this Act. CHAPTER III AUTHORITIES **7. Competent Authority. — (1) The appropriate Government shall, by notification, appoint one or** more officers not below the rank of Secretary to that Government, as the Competent Authority for the purposes of this Act. (2) The appropriate Government may, by notification, appoint such other officer or officers as it thinks fit, to assist the Competent Authority in discharging its functions under this Act. (3) Where the Competent Authority or officers appointed under sub-section (2), for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of such information and particulars as may be prescribed, that any deposit taker is soliciting deposits in contravention of section 3, he may, by an order in writing, provisionally attach the deposits held by the deposit taker and the money or other property acquired either in the name of the deposit taker or in the 7 ----- name of any other person on behalf of the deposit taker from the date of the order, in such manner as may be prescribed. (4) The Competent Authority shall, for the purposes of sub-section (3), have the same powers as vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while conducting investigation or inquiry in respect of the following matters, namely:— (a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a reporting entity and examining him on oath; (c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed. (5) The Competent Authority shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this section. (6) All the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. (7) Every proceeding under sub-sections (4) and (5) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). (8) Subject to any rules made in this behalf by the Central Government, any officer referred to in sub section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this Act: Provided that the officer or officers referred to in sub-section (2) shall not— (a) impound any records without recording his reasons for so doing; or (b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the Competent Authority. **8. Designated Court. — (1) The appropriate Government shall, with the concurrence of the Chief** Justice of the concerned High Court, by notification, constitute one or more Courts known as the Designated Courts for such area or areas or such case or cases as may be specified in such notification, which shall be presided over by a Judge not below the rank of a District and Sessions Judge or Additional District and Sessions Judge. (2) No Court other than the Designated Court shall have jurisdiction in respect of any matter to which the provisions of this Act apply. 8 ----- (3) When trying an offence under this Act, the Designated Court may also try an offence, other than an offence under this Act, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. CHAPTER IV INFORMATION ON DEPOSIT TAKERS **9. Central database. — (1) The Central Government may designate an authority, whether existing or** to be constituted, which shall create, maintain and operate an online database for information on deposit takers operating in India. (2) The authority designated under sub-section (1) may require any Regulator or the Competent Authority to share such information on deposit takers, as may be prescribed. **10. Information of business by deposit taker.—(1) Every deposit taker which commences or carries** on its business as such on or after the commencement of this Act shall intimate the authority referred to in sub-section (1) of section 9 about its business in such form and manner and within such time, as may be prescribed. (2) The Competent Authority may, if it has reason to believe that the deposits are being solicited or accepted pursuant to an Unregulated Deposit Scheme, direct any deposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit taker. _Explanation.—For the removal of doubts, it is hereby clarified that—_ (a) the requirement of intimation under sub-section (1) is applicable to deposit takers accepting or soliciting deposits as defined in clause (4) of section 2; and (b) the requirement of intimation under sub-section (1) applies to a company, if the company accepts the deposits under Chapter V of the Companies Act, 2013 (18 of 2013). **11. Information to be shared. — (1) The Competent Authority shall share all information received** under section 29 with the Central Bureau of Investigation and with the authority which may be designated by the Central Government under section 9. (2) The appropriate Government, any Regulator, income-tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this Act by the police or the Central Bureau of Investigation, shall share all such information or documents with the police or the Central Bureau of Investigation. (3) Where the principal officer of any banking company, a corresponding new bank, the State Bank of India, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-State co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this Act, he shall forthwith inform the same to the Competent Authority. 9 ----- CHAPTER V RESTITUTION TO DEPOSITORS **12. Priority of depositors’ claim. — Save as otherwise provided in the Securitisation and** Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) or the Insolvency and Bankruptcy Code, 2016 (31 of 2016), any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate Government or the local authority. **13. Precedence of attachment. — (1) Save as otherwise provided in the Securitisation and** Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) or the Insolvency and Bankruptcy Code, 2016 (31 of 2016), an order of provisional attachment passed by the Competent Authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate Government or the local authority. (2) Where an order of provisional attachment has been passed by the Competent Authority— (a) such attachment shall continue until an order is passed under sub-section (3) or sub-section (5) of section 15 by the Designated Court; (b) all the attached money or property of the deposit taker and the persons mentioned therein shall vest in the Competent Authority and shall remain so vested till further order of the Designated Court. (3) The Competent Authority shall open an account in a scheduled bank for the purpose of crediting and dealing with the money realised under this Act, which shall not be utilised except under the instructions of the Designated Court. (4) The Competent Authority shall not dispose of or alienate the property or money attached, except in accordance with the order of the Designated Court under sub-section (3) or sub-section (5) of section 15. (5) Notwithstanding anything contained in sub-section (4), the Competent Authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other property. **14. Application for confirmation of attachment and sale of property.—(1) The Competent** Authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the Designated Court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private sale. (2) In case where the money or property has been attached on the permission granted by a Designated Court in another State or Union territory, the application for confirmation of such attachment shall be filed in that Court. **15. Confirmation of attachment by Designated Court. — (1) Upon receipt of an application under** section 14, the Designated Court shall issue notice to— (a) the deposit taker; and 10 ----- (b) any person whose property is attached under section 14, to show cause, within a period of thirty days from the date of issue of notice, as to why the order of attachment should not be made absolute and the properties so attached be sold. (2) The Designated Court shall also issue notice to all other persons represented to it as having or being likely to claim any interest or title in the property, to appear on the same date as persons referred to in sub-section (1) to raise objections, if they so desire, to the attachment of the property. (3) The Designated Court shall, after adopting such procedure as may be prescribed, pass an order— (a) making the provisional order of attachment absolute; or (b) varying it by releasing a portion of the property from attachment; or (c) cancelling the provisional order of attachment, and in case of an order under clause (a) or clause (b), direct the Competent Authority to sell the property so attached by public auction or, if necessary, by private sale and realise the sale proceeds. (4) The Designated Court shall not, in varying or cancelling the provisional order of attachment, release any property from attachment, unless it is satisfied that— (a) the deposit taker or the person referred to in sub-section (1) has interest in such property; and (b) there shall remain an amount or property sufficient for repayment to the depositors of such deposit taker. (5) The Designated Court shall pass such order or issue such direction as may be necessary for the equitable distribution among the depositors of the money attached or realised out of the sale. (6) The Designated Court shall endeavour to complete the proceedings under this section within a period of one hundred and eighty days from the date of receipt of the application referred to in sub-section (1). **16. Attachment of property of mala fide transferees.—(1) Where the Designated Court is satisfied** that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee’s property as is equivalent to the proper value of the property transferred should not be attached. (2) Where the said transferee does not appear and show cause on the specified date or where the Designated Court is satisfied that the transfer of the property to the said transferee was not a bona fide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee’s property as in its opinion is equivalent to the proper value of the property transferred. **17. Payment in lieu of attachment.—(1) Any deposit taker or a person referred to in sub-** section (1) of section 15, or transferee referred to in section 16 whose property is about to be attached or has been provisionally attached under this Act, may, at any time before the confirmation of attachment, apply to the Designated Court for permission to deposit the fair value of the property in lieu of attachment. 11 ----- (2) While allowing the deposit taker or person or transferee referred to in sub-section (1) to make the deposit under sub-section (1), the Designated Court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicable. **18. Powers of Designated Court. — (1) The Designated Court shall exercise the following powers,** namely:— (a) power to approve the statement of dues of the deposit taker due from various debtors; (b) power to assess the value of the assets of the deposit taker and finalise the list of the depositors and their respective dues; (c) power to direct the Competent Authority to take possession of any assets belonging to or in the control of the deposit taker and to sell, transfer or realise the attached assets, either by public auction or by private sale as it deems fit depending upon the nature of assets and credit the sale proceeds thereof to its bank account; (d) power to approve the necessary expenditure to be incurred by the Competent Authority for taking possession and realisation of the assets of the deposit taker; (e) power to pass an order for full payment to the depositors by the Competent Authority or an order for proportionate payment to the depositors in the event, the money so realised is not sufficient to meet the entire deposit liability; (f) power to direct any person, who has made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this Act, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention; and (g) power to pass any other order which the Designated Court deems fit for realisation of assets of the deposit taker and for repayment of the same to the depositors of such deposit taker or on any other matter or issue incidental thereto. (2) On the application of any person interested in any property attached and vested in the Competent Authority under this Act and after giving such Competent Authority an opportunity of being heard, make such order as the Designated Court considers just and reasonable for— (a) providing from such of the property attached and vested in the Competent Authority as the applicant claims an interest in, such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for expenses connected with the defence of the applicant where criminal proceedings have been initiated against him in the Designated Court under this Act; or (b) safeguarding, so far as may be practicable, the interest of any business affected by the attachment. _Explanation.—For the purposes of this section, the expression “deposit taker” includes the_ directors, promoters, managers or members of said establishment or any other person whose property or assets have been attached under this Act. **19. Appeal to High Court. — Any person including the Competent Authority, if aggrieved by any** final order of the Designated Court under this Chapter, may appeal to the High Court, within a period of sixty days from the date of such order: 12 ----- Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. _Explanation.—The expression “High Court” means the High Court of a State or Union territory where_ the Designated Court is situated. **20. Power of Supreme Court to transfer cases. — (1) Whenever it is made to appear to the Supreme** Court that there is a default in any deposit scheme or deposit schemes of the nature referred to in section 30, the Supreme Court may, by an order, direct that any particular case be transferred from one Designated Court to another Designated Court. (2) The Supreme Court may act under this section only on an application filed by the Competent Authority or any interested party, and every such application shall be supported by an affidavit. (3) Where an application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the case. CHAPTER VI OFFENCES AND PUNISHMENTS **21. Punishment for contravention of section 3. — (1) Any deposit taker who solicits deposits in** contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees. (2) Any deposit taker who accepts deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than three lakh rupees but which may extend to ten lakh rupees. (3) Any deposit taker who accepts deposits in contravention of section 3 and fraudulently defaults in repayment of such deposits or in rendering any specified service, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five lakh rupees but which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in the Unregulated Deposit Scheme. _Explanation.—For the purposes of this Act,—_ (i) the expression “fraudulently” shall have the same meaning as assigned to it in section 25 of the Indian Penal Code (45 of 1860); (ii) where the terms of the Deposit Scheme are entirely impracticable or unviable, the terms shall be relevant facts showing an intention to defraud. **22. Punishment for contravention of section 4. — Any deposit taker who contravenes the provisions** of section 4 shall be punishable with imprisonment for a term which may extend to seven years, or with fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of the fraudulent default referred to in said section, whichever is higher, or with both. 13 ----- **23. Punishment for contravention of section 5. —Any person who contravenes the provisions of** section 5 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which may extend to ten lakh rupees. **24. Punishment for repeat offenders. —Whoever having been previously convicted of an offence** punishable under this Chapter, except the offence under section 26, is subsequently convicted of an offence shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and with fine which shall not be less than ten lakh rupees but which may extend to fifty crore rupees. **25. Offences by deposit takers other than individuals. — (1) Where an offence under this Act has** been committed by a deposit taker other than an individual, every person who, at the time the offence was committed, was in charge of, and was responsible to, the deposit taker for the conduct of its business, as well as the deposit taker, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a deposit taker other than an individual, and it is proved that the offence— (a) has been committed with the consent or connivance of; or (b) is attributable to any neglect on the part of any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker, such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. **26. Punishment for contravention of section 10. — Whoever fails to give the intimation required** under sub-section (1) of section 10 or fails to furnish any such statements, information or particulars as required under sub-section (2) of that section, shall be punishable with fine which may extend to five lakh rupees. **27. Cognizance of offences.— Notwithstanding anything contained in section 4, no Designated Court** shall take cognizance of an offence punishable under that section except upon a complaint made by the Regulator: Provided that the provisions of section 4 and this section shall not apply in relation to a deposit taker which is a company. CHAPTER VII INVESTIGATION, SEARCH AND SEIZURE **28. Offences to be cognizable and non-bailable. —Notwithstanding anything contained in the Code** of Criminal Procedure, 1973 (2 of 1974) every offence punishable under this Act, except the offence under section 22 and section 26, shall be cognizable and non-bailable. 14 ----- **29. Competent Authority to be informed of offences. —The police officer shall, on recording** information about the commission of an offence under this Act, inform the same to the Competent Authority. **30. Investigation of offences by Central Bureau of Investigation. — (1) On receipt of information** under section 29 or otherwise, if the Competent Authority has reason to believe that the offence relates to a deposit scheme or deposit schemes in which— (a) the depositors, deposit takers or properties involved are located in more than one State or Union territory in India or outside India; and (b) the total value of the amount involved is of such magnitude as to significantly affect the public interest, the Competent Authority shall refer the matter to the Central Government for investigation by the Central Bureau of Investigation. (2) The reference made by the Competent Authority under sub-section (1) shall be deemed to be with the consent of the State Government under section 6 of the Delhi Special Police Establishment Act, 1946 (25 of 1946). (3) On the receipt of the reference under sub-section (1), the Central Government may transfer the investigation of the offence to the Central Bureau of Investigation under section 5 of the Delhi Special Police Establishment Act, 1946 (25 of 1946). **31. Power to enter, search and seize without warrant. — (1) Whenever any police officer, not** below the rank of an officer in-charge of a police station, has reason to believe that anything necessary for the purpose of an investigation into any offence under this Act may be found in any place within the limits of the police station of which he is in-charge, or to which he is attached, such officer may, with the written authorisation of an officer not below the rank of Superintendent of Police, and after recording in writing so far as possible, the thing for which the search is to be made and subject to the rules made in this behalf, authorise any officer subordinate to him,— (a) to enter and search any building, conveyance or place, between sunrise and sunset, which he has reason to suspect is being used for purposes connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this Act; (b) in case of resistance, to break open any door and remove any obstacle to such entry, if necessary by force, with such assistance as he considers necessary, for exercising the powers conferred by clause (a); (c) to seize any record or property found as a result of the search in the said building, conveyance or place, which are intended to be used, or reasonably suspected to have been used, in connection with any such deposit taking scheme or arrangement in contravention of the provisions of this Act; and (d) to detain and search, and if he thinks proper, take into custody and produce before any Designated Court any such person whom he has reason to believe to have committed any offence punishable under this Act: Provided that if such officer has reason to believe that the said written authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an 15 ----- offender, he may, without the said written authorisation, enter and search such building, conveyance or place, at any time between sunset and sunrise after recording the grounds in writing. (2) Where it is not practicable to seize the record or property, the officer authorised under sub-section (1), may make an order in writing to freeze such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this Act and it shall be binding on the concerned bank or financial or market establishment to comply with the said order: Provided that no bank or financial or market establishment shall freeze such account, deposit or valuable securities, for a period beyond thirty days unless the same is authorised by the order of the Designated Court: Provided further that, if at any time, it becomes practicable to seize the frozen property, the officer authorised under sub-section (1) may seize such property. _Explanation.—For the purposes of this section, the expressions,—_ (i) “freezing of account” shall mean that no transaction, whether deposit or withdrawal shall be allowed in the said account; and (ii) “freezing of property” shall mean that no transfer, conversion, disposition or movement of property shall be allowed. (3) Where an officer takes down any information in writing or records grounds for his belief or makes an order in writing under sub-section (1) or sub-section (2), he shall, within a time of seventy-two hours send a copy thereof to the Designated Court in a sealed envelope and the owner or occupier of the building, conveyance or place shall, on application, be furnished, free of cost, with a copy of the same by the Designated Court. (4) All searches, seizures and arrests under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). **32. Application of Code of Criminal Procedure, 1973 to proceedings before Designated Court. —** (1) The Designated Court may take cognizance of offences under this Act without the accused being committed to it for trial. (2) Save as otherwise provided in section 31, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply— (a) to all arrests, searches and seizures made under this Act; (b) to the proceedings under this Act and for the purposes of the said provisions, the Designated Court shall be deemed to be a Court of Session and the persons conducting the prosecution before the Designated Court, shall be deemed to be Public Prosecutors. 16 ----- CHAPTER VIII MISCELLANEOUS **33. Publication of advertisement of Unregulated Deposit Scheme. — Where any newspaper or** other publication of any nature, contains any statement, information or advertisement promoting, soliciting deposits for, or inducing any person to become a member of any Unregulated Deposit Scheme, the appropriate Government may direct such newspaper or publication to publish a full and fair retraction, free of cost, in the same manner and in the same position in such newspaper or publication as may be prescribed. **34. Act to have overriding effect.— Save as otherwise expressly provided in this Act, the provisions** of this Act shall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any State or Union territory. **35. Application of other laws not barred. — The provisions of this Act shall be in addition to, and** not in derogation of, the provisions of any other law for the time being in force. **36. Protection of action taken in good faith. —No suit, prosecution or other legal proceedings shall** lie against the appropriate Government or the Competent Authority or any officer of the appropriate Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. **37. Power of Central Government to make rules. — (1) The Central Government may, by** notification, make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the information and other particulars to be taken into consideration before issuing an order, and the manner of attachment, under sub-section (3) of section 7; (b) the information to be shared under sub-section (2) of section 9; (c) the form and manner in which and the time within which the intimation shall be given under sub-section (1) of section 10; (d) the particulars contained in the application to be filed by the Competent Authority before the Designated Court under sub-section (1) of section 14; (e) the procedure to be adopted by the Designated Court before issuing an order under sub-section (3) of section 15; (f) rules under sub-section (1) of section 31; (g) the manner of publication of advertisement under section 33; and (h) any other matter which is required to be, or may be, prescribed. **38. Power of State Government, etc., to make rules. — (1) The State Government or Union territory** Government, as the case may be, in consultation with the Central Government, by notification, make rules for carrying out the provisions of this Act. 17 ----- (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) ceiling for self-help groups under clause (j) of sub-section (4) of section 2; (b) purpose and ceiling under clause (k) of sub-section (4) of section 2; (c) the manner of provisional attachment of property by the Competent Authority under sub-section (3) of section 7; (d) other matters under clause (f) of sub-section (4) of section 7; (e) the rules relating to impounding and custody of records under sub-section (8) of section 7; and (f) any other matter which is required to be, or may be, prescribed. **39. Laying of rules. — (1) Every rule made by the Central Government under this Act shall be laid, as** soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (2) Every rule made by a State Government or the Union territory Government, as the case may be, shall be laid, as soon as may be after it is made, before each House of the State Legislature or the Union territory Legislature, as the case may be, where it consists of two Houses, or where such Legislature consists of one House, before that House. **40. Power to amend First Schedule. — (1) The Central Government may, having regard to the** objects of this Act, and if it considers necessary or expedient so to do, by notification, add to, or as the case may be, omit from the First Schedule, any scheme or arrangement, and on such addition, or omission, such scheme or arrangement shall become, or cease to be, a Regulated Deposit Scheme, as the case may be. (2) A copy of every notification issued under this section shall, as soon as may be after it has been issued, be laid before each House of Parliament. **41. Act not to apply certain deposits. —The provisions of this Act shall not apply to deposits taken** in the ordinary course of business. **42. Amendment to certain enactments. —The enactments specified in the Second Schedule shall be** amended in the manner specified therein. **43. Power to remove difficulties. — (1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. 18 ----- (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **44. Repeal and saving. — (1) The Banning of Unregulated Deposit Schemes Ordinance, 2019, is** hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act. 19 ----- THE FIRST SCHEDULE [See section 2 (15)] REGULATED DEPOSIT SCHEMES (1) The Regulator and Regulated Deposit Scheme refers to the regulators and schemes and arrangements listed in the following Table, namely:— TABLE Sl. No. Regulator Regulated Deposit Scheme (1) (2) (3) 1. The Securities and Exchange Board of India 20 (i) Any scheme or an arrangement [as defined under section 11AA of the Securities and Exchange Board of India Act, 1992 (15 of 1992)] launched, sponsored or carried out by a Collective Investment Management Company registered with the Securities and Exchange Board of India under the Securities and Exchange Board of India (Collective Investment Scheme) Regulations, 1999. (ii) Any scheme or an arrangement registered with the Securities and Exchange Board of India under the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012. (iii) Any scheme or an arrangement, pursuant to which funds are managed by a portfolio manager, registered under the Securities and Exchange Board of India (Portfolio Managers) Regulations, 1993. (iv) Any scheme or an arrangement regulated under the Securities and Exchange Board of India (Share Based Employee Benefits) Regulations, 2014 or providing for employee benefits as permitted under the Companies Act, 2013 (18 of 2013). (v) Any other scheme or an arrangement registered under the Securities and Exchange Board of India Act, 1992 (15 of 1992), or the regulations made thereunder. ----- (1) (2) (3) (vi) Any amount received as contributions in the nature of subscriptions to a mutual fund registered with Securities and Exchange Board of India under the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996. 2. The Reserve Bank of India (i) Any scheme under which deposits are accepted by Non-Banking Financial Companies as defined in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934) and registered with the Reserve Bank of India; or any other scheme or an arrangement registered under the Reserve Bank of India Act, 1934. (ii) Any scheme or an arrangement under which funds are accepted by individuals or entities engaged as Business Correspondents and Facilitators by banks subject to the guidelines and circulars issued by the Reserve Bank of India from time to time. (iii) Any scheme or an arrangement under which funds are received by a system provider operating as an authorised payment system under the Payment and Settlement Systems Act, 2007 (51 of 2007). (iv) Any other scheme or an arrangement regulated under the Reserve Bank of India Act, 1934 (2 of 1934), or the guidelines or circulars of the Reserve Bank of India 3. The Insurance A contract of insurance pursuant to Regulatory and a certificate of Development registration obtained in accordance Authority of India with the Insurance Act, 1938 (4 of 1938). 4. The State Government (i) Any scheme or an arrangement or Union territory made or offered by a co-operative Government society registered under the Co operative Societies Act, 1912 (2 of 1912) or a society being a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State or Union territory 21 ----- (1) (2) (3) (ii) Any scheme or an arrangement commenced or conducted as a chit business with the previous sanction of the State Government in accordance with the provisions of the Chit Funds Act, 1982 (40 of 1982). (iii) Any scheme or an arrangement regulated by any enactment relating to money lending which is for the time being in force in any State or Union territory. (iv) Any scheme or an arrangement by a prize chit or money circulation scheme under section 11 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (43 of 1978). 5. The National Any scheme or an arrangement for Housing Bank acceptance of deposits registered under the National Housing Bank Act, 1987 (53 of 1987). 6. The Pension Fund Regulatory and Any scheme or an arrangement Development Authority under the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013). The Employees' Provident Fund Any scheme, Pension Scheme or 7. Organisation Insurance Scheme framed under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 ( 19 of 1952). 8. The Central Registrar, Multi-State Any scheme or an arrangement for Co- operative Societies acceptance of deposits from voting members by a Multi-State Cooperative Society registered under the Multi-State Co-operative Societies Act, 2002 (39 of 2002). 9. The Ministry of Corporate Affairs, (i) Deposits accepted or permitted Government of India under the provisions of Chapter V of the Companies Act, 2013 (18 of 2013). (ii) Any scheme or an arrangement under which deposits are accepted by a company declared as a Nidhi or a Mutual Benefit Society under section 406 of the Companies Act, 2013 (18 of 2013). (2) The following shall also be treated as Regulated Deposit Schemes under this Act, namely:— (a) deposits accepted under any scheme or an arrangement registered with any regulatory body in India constituted or established under a statute; and (b) any other scheme as may be notified by the Central Government under this Act. 22 ----- THE SECOND SCHEDULE (See section 42) AMENDMENTS TO CERTAIN ENACTMENTS PART I AMENDMENT TO THE RESERVE BANK OF INDIA ACT, 1934 **Amendment of section 45-I of Act 2 of 1934.In the Reserve Bank of India Act, 1934, in** section 45-I, in clause (bb), after Explanation II, the following Explanation shall be inserted, namely:— “Explanation III.—The amounts accepted by a co-operative society from the members or shareholders, by whatever name called, but excluding the amounts received as share capital, shall be deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or associate members, by whatever name called, who do not have full voting rights in the meetings of such cooperative society.”. PART II AMENDMENTS TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 In the Securities and Exchange Board of India Act, 1992,— **Amendment of section 11 of Act 15 of 1992. — (i) in section 11, in sub-section (4), for** clause (e), the following clause shall be substituted, namely:— “(e) attach, for a period not exceeding ninety days, bank accounts or other property of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this Act, or the rules or the regulations made thereunder: Provided that the Board shall, within ninety days of the said attachment, obtain confirmation of the said attachment from the Special Court, established under section 26A, having jurisdiction and on such confirmation, such attachment shall continue during the pendency of the aforesaid proceedings and on conclusion of the said proceedings, the provisions of section 28A shall apply: Provided further that only property, bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this Act, or the rules or the regulations made thereunder shall be allowed to be attached.”; (ii) in section 28A, after Explanation 3, the following Explanation shall be inserted, namely:— “Explanation 4.—The interest referred to in section 220 of the Income-tax Act, 1961 shall commence from the date the amount became payable by the person.”. 23 ----- PART III AMENDMENT TO THE MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002 Amendment of section 67 of Act 39 of 2002. —In the Multi-State Co-operative Societies Act, 2002, in section 67, in sub-section (1),— (a) after the words “receive deposits”, the words “from its voting members” shall be inserted; (b) the following Explanation shall be inserted, namely:— “Explanation.—For the removal of doubts, it is hereby clarified that a multi-State co-operative society shall not be entitled to receive deposits from persons other than voting members.”. _______ 24 -----

8-Aug-2019

31

The Repealing and Amending Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/11956/1/a2019____31.pdf

central

# THE REPEALING AND AMENDING ACT, 2019 _______ ARRANGEMENT OF SECTIONS ## ________ SECTIONS 1. Short title. 2. Repeal of certain enactments. 3. Amendment of certain enactments. 4. Savings. THE FIRST SCHEDULE. THE SECOND SCHEDULE. ----- # THE REPEALING AND AMENDING ACT, 2019 ACT NO. 31 OF 2019 ## [8th August, 2019.] # An Act to repeal certain enactments and to amend certain other enactments. ## BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. Short title.—This Act may be called the Repealing and Amending Act, 2019. 2. Repeal of certain enactments.—The enactments specified in the First Schedule are hereby repealed. 3. Amendment of certain enactments.—The enactments specified in the Second Schedule are hereby amended to the extent and in the manner specified in the fourth column thereof. 4. Savings.—The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. ----- THE FIRST SCHEDULE (See section 2) REPEALS Year Act No. Short Title 11 1 2 3 1850 XII The Public Accountants’ Defaults Act, 1850. 1881 XI The Municipal Taxation Act, 1881. 1892 X The Government Management of Private Estates Act, 1892. 1956 69 The Terminal Tax on Railway Passengers Act, 1956. 1958 56 The Himachal Pradesh Legislative Assembly (Constitution and Proceedings) Validation Act, 1958. 1960 22 The Cotton Transport (Amendment) Act, 1960. 1963 1 The Hindi Sahitya Sammelan (Amendment) Act, 1963. 1963 35 The Dramatic Performances (Delhi Repeal) Act, 1963. 1964 10 The Public Employment (Requirement as to Residence) Amendment Act, 1964. 1968 49 The Delhi and Ajmer Rent Control (Nasirabad Cantonment Repeal) Act, 1968. 1973 56 The Alcock Ashdown Company Limited (Acquisition of Undertakings) Act, 1973. 1976 55 The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976. 1976 61 The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976. 1976 62 The Beedi Workers Welfare Fund Act, 1976. 1980 68 The Tea (Amendment) Act, 1980. 1981 62 The Aligarh Muslim University (Amendment) Act, 1981. 1982 63 The Road Transport Corporations (Amendment) Act, 1982. 1983 41 The Transformers and Switchgear Limited (Acquisition and Transfer of Undertakings) Act, 1983. 1988 22 The Tamil Nadu Agricultural Service Co-operative Societies (Appointment of Special Officers) Amendment Act, 1988. 1999 3 The High Denomination Bank Notes (Demonetisation) Amendment Act, 1998. 2001 39 The Motor Vehicles (Amendment) Act, 2001. 2001 48 The Registration and Other Related Laws (Amendment) Act, 2001. 2002 16 The Institutes of Technology (Amendment) Act, 2002. 2002 43 The Delhi University (Amendment) Act, 2002. 2007 3 The Dalmia Dadri Cement Limited (Acquisition and Transfer of Undertakings) Amendment Act, 2006. 2007 28 The Central Road Fund (Amendment) Act, 2007. 2009 21 The Prevention of Money-laundering (Amendment) Act, 2009. ----- 1 2 3 2009 22 The Central Industrial Security Force (Amendment) Act, 2009. 2009 38 The Central Universities (Amendment) Act, 2009. 2010 3 The Civil Defence (Amendment) Act, 2009. 2011 6 The Repatriation of Prisoners (Amendment) Act, 2011. 2011 14 The Customs (Amendment and Validation) Act, 2011. 2012 28 The National Institutes of Technology (Amendment) Act, 2012. 2012 34 The Institutes of Technology (Amendment) Act, 2012. 2014 8 The Governors (Emoluments, Allowances and Privileges) Amendment Act, 2014. 2014 9 The National Institute of Technology, Science Education and Research (Amendment) Act, 2014. 2014 19 The Andhra Pradesh Reorganisation (Amendment) Act, 2014. 2014 20 The Telecom Regulatory Authority of India (Amendment) Act, 2014. 2014 31 The Merchant Shipping (Amendment) Act, 2014. 2014 32 The Merchant Shipping (Second Amendment) Act, 2014. 2014 39 The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2014. 2015 2 The Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2015. 2015 3 The Motor Vehicles (Amendment) Act, 2015. 2015 5 The Insurance Laws (Amendment) Act, 2015. 2015 10 The Mines and Minerals (Development and Regulation) Amendment Act, 2015. 2015 12 The Andhra Pradesh Reorganisation (Amendment) Act, 2015. 2015 14 The Regional Rural Banks (Amendment) Act, 2015. 2015 16 The Warehousing Corporations (Amendment) Act, 2015. 2015 21 The Companies (Amendment) Act, 2015. 2016 10 The Election Laws (Amendment) Act, 2016. 2016 13 The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016. 2016 25 The Mines and Minerals (Development and Regulation) Amendment Act, 2016. 2016 42 The National Institute of Technology, Science Education and Research (Amendment) Act, 2016. 2016 45 The Central Agricultural University (Amendment) Act, 2016. 2016 48 The Taxation Laws (Second Amendment) Act, 2016. 2017 19 The National Institute of Technology, Science Education and Research (Amendment) Act, 2017. 2017 21 The Collection of Statistics (Amendment) Act, 2017. 2017 25 The Indian Institutes of Information Technology (Amendment) Act, 2017. ----- THE SECOND SCHEDULE (See section 3) AMENDMENTS Year Act No. Short title Amendments 1 2 3 4 1961 43 The Income-tax Act, 1961 In section 54GA, in the Explanation to sub-section (1), in clause (a), after the word, brackets, letters “clause (za)”, the words and figure “of section 2” shall be inserted. 2017 33 The Indian Institutes of Management Act, 2017 (i) in section 3, in clause (f), for the words “Director”, means’, the words “Director” means’ shall be substituted; (ii) in section 36, in sub-section (1), for the word “Ordinance”, the word “Ordinances” shall be substituted. ## 5 -----

8-Aug-2019

30

The National Medical Commission Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/11820/1/A2019_30.pdf

central

# THE NATIONAL MEDICAL COMMISSION ACT, 2019 ____________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II THE NATIONAL MEDICAL COMMISSION 3. Constitution of National Medical Commission. 4. Composition of Commission. 5. Search Committee for appointment of Chairperson and Members. 6. Term of office and conditions of service of Chairperson and Members. 7. Removal of Chairperson and Member of Commission. 8. Appointment of Secretary, experts, professionals, officers and other employees of Commission. 9. Meetings, etc., of Commission. 10. Powers and functions of Commission. CHAPTER III THE MEDICAL ADVISORY COUNCIL 11. Constitution and composition of Medical Advisory Council. 12. Functions of Medical Advisory Council. 13. Meetings of Medical Advisory Council. CHAPTER IV NATIONAL EXAMINATION 14. National Eligibility cum-Entrance Test. 15. National Exit Test. CHAPTER V AUTONOMOUS BOARDS 16. Constitution of Autonomous Boards. 17. Composition of Autonomous Boards. 18. Search Committee for appointment of President and Members. 19. Term of office and conditions of service of President and Members. 20. Advisory committees of experts. 21. Staff of Autonomous Boards. 22. Meetings, etc., of Autonomous Boards. 1 ----- SECTIONS 23. Powers of Autonomous Boards and delegation of powers. 24. Powers and functions of Under-Graduate Medical Education Board. 25. Powers and functions of Post-Graduate Medical Education Board. 26. Powers and functions of Medical Assessment and Rating Board. 27. Powers and functions of Ethics and Medical Registration Board. 28. Permission for establishment of new medical college. 29. Criteria for approving or disapproving scheme. 30. State Medical Councils. 31. National Register and State Register. 32. Community Health Provider. 33. Rights of persons to have licence to practice and to be enrolled in National Register or State Register and their obligations thereto. 34. Bar to practice. CHAPTER VI RECOGNITION OF MEDICAL QUALIFICATIONS 35. Recognition of medical qualifications granted by Universities or medical institutions in India. 36. Recognition of medical qualifications granted by medical institutions outside India. 37. Recognition of medical qualifications granted by statutory or other body in India. 38. Withdrawal of recognition granted to medical qualification granted by medical institutions in India. 39. Derecognition of medical qualifications granted by medical institutions outside India. 40. Special provision in certain cases for recognition of medical qualifications. CHAPTER VII GRANTS, AUDIT AND ACCOUNTS 41. Grants by Central Government. 42. National Medical Commission Fund. 43. Audit and accounts. 44. Furnishing of returns and reports to Central Government. CHAPTER VIII MISCELLANEOUS 45. Power of Central Government to give directions to Commission and Autonomous Boards. 46. Power of Central Government to give directions to State Governments. 47. Information to be furnished by Commission and publication thereof. 48. Obligation of universities and medical institutions. 49. Completion of courses of studies in medical institutions. 50. Joint sittings of Commission, Central Councils of Homoeopathy and Indian medicine to enhance interface between their respective systems of medicine. 51. State Government to promote primary healthcare in rural areas. 52. Chairperson, Members, officers of Commission and of Autonomous Boards to be public servants. 2 ----- SECTIONS 53. Protection of action taken in good faith. 54. Cognizance of offences. 55. Power of Central Government to supersede Commission. 56. Power to make rules. 57. Power to make regulations. 58. Rules and regulations to be laid before Parliament. 59. Power to remove difficulties. 60. Repeal and saving. 61. Transitory provisions. THE SCHEDULE 3 ----- # THE NATIONAL MEDICAL COMMISSION ACT, 2019 ACT NO. 30 OF 2019 [8th August, 2019.] # An Act to provide for a medical education system that improves access to quality and affordable medical education, ensures availability of adequate and high quality medical professionals in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of medical professionals accessible to all the citizens; that promotes national health goals; that encourages medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register for India and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the National Medical** Commission Act, 2019. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Autonomous Board” means any of the Autonomous Boards constituted under section 16; (b) “Chairperson” means the Chairperson of the National Medical Commission appointed under section 5; (c) “Commission” means the National Medical Commission constituted under section 3; (d) “Council” means the Medical Advisory Council constituted under section 11; (e) “Ethics and Medical Registration Board” means the Board constituted under section 16; (f) “health University” means a University specialised in affiliating institutions engaged in teaching medicine, medical and health sciences and includes a medical University and University of health sciences; (g) “licence” means a licence to practice medicine granted under sub-section (1) of section 33; (h) “Medical Assessment and Rating Board” means the Board constituted under section 16; 1. 2nd September, 2019—Sections 3, 4, 5, 6, 8, 11, 16, 17, 18, 19, 56 and 57, _vide_ notification No. S.O. 3162(E), dated 2nd September, 2019, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 25th September, 2020—all the remaining provisions, _vide notification No. S.O. 3262(E), dated 24th September, 2020,_ _see_ Gazette of India, Extraordinary, Part II, sec. 3, Sub-section(ii) . 4 ----- (i) “medical institution” means any institution within or outside India which grants degrees, diplomas or licences in medicine and include affiliated colleges and deemed to be Universities; (j) “medicine” means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery; (k) “Member” means a Member of the Commission appointed under section 5 and includes the Chairperson thereof; (l) “National Board of Examination” means the body registered as such under the Societies Registration Act, 1860 (21 of 1860) which grants broad-speciality and super-speciality qualifications referred to in the Schedule; (m) “National Register” means a National Medical Register maintained by the Ethics and Medical Registration Board under section 31; (n) “notification” means notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (o) “Post-Graduate Medical Education Board” means the Board constituted under section 16; (p) “prescribed” means prescribed by rules made under this Act; (q) “President” means the President of an Autonomous Board appointed under section 18; (r) “recognised medical qualification” means a medical qualification recognised under section 35 or section 36 or section 37 or section 40, as the case may be; (s) “regulations” means the regulations made by the Commission under this Act; (t) “Schedule” means the Schedule to this Act; (u) “State Medical Council” means a medical council constituted under any law for the time being in force in any State or Union territory for regulating the practice and registration of practitioners of medicine in that State or Union territory; (v) “State Register” means a register maintained under any law for the time being in force in any State or Union territory for registration of practitioners of medicine; (w) “Under-Graduate Medical Education Board” means the Board constituted under section 16; (x) “University” shall have the same meaning as assigned to it in clause (f) of section 2 of the University Grants Commission Act, 1956 (3 of 1956) and includes a health University. CHAPTER II THE NATIONAL MEDICAL COMMISSION **3. Constitution of National Medical Commission.—(1) The Central Government shall constitute a** Commission, to be known as the National Medical Commission, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act. (2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the Commission shall be at New Delhi. 5 ----- **4. Composition of Commission.—(1) The Commission shall consist of the following persons to be** appointed by the Central Government, namely:— (a) a Chairperson; (b) ten ex officio Members; and (c) twenty-two part-time Members. (2) The Chairperson shall be a medical professional of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of medical sciences from any University and having experience of not less than twenty years in the field of medical sciences, out of which at least ten years shall be as a leader in the area of medical education. (3) The following persons shall be the ex officio Members of the Commission, namely:— (a) the President of the Under-Graduate Medical Education Board; (b) the President of the Post-Graduate Medical Education Board; (c) the President of the Medical Assessment and Rating Board; (d) the President of the Ethics and Medical Registration Board; (e) the Director General of Health Services, Directorate General of Health Services, New Delhi; (f) the Director General, Indian Council of Medical Research; (g) a Director of any of the All India Institutes of Medical Sciences, to be nominated by the Central Government; (h) two persons from amongst the Directors of Postgraduate Institute of Medical Education and Research, Chandigarh; Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry; Tata Memorial Hospital, Mumbai; North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong; and All India Institute of Hygiene and Public Health, Kolkata; to be nominated by the Central Government; and (i) one person to represent the Ministry of the Central Government dealing with Health and Family Welfare, not below the rank of Additional Secretary to the Government of India, to be nominated by that Ministry. (4) The following persons shall be appointed as part-time Members of the Commission, namely:— (a) three Members to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in such areas including management, law, medical ethics, health research, consumer or patient rights advocacy, science and technology and economics; (b) ten Members to be appointed on rotational basis from amongst the nominees of the States and Union territories, under clauses (c) and (d) of sub-section (2) of section 11, in the Medical Advisory Council for a term of two years in such manner as may be prescribed; (c) nine members to be appointed from amongst the nominees of the States and Union territories, under clause (e) of sub-section (2) of section 11, in the Medical Advisory Council for a term of two years in such manner as may be prescribed. 6 ----- _Explanation.—For the purposes of this section and section 17, the term “leader” means the Head_ of a Department or the Head of an organisation. **5. Search Committee for appointment of Chairperson and Members.—(1) The Central** Government shall appoint the Chairperson, part-time Members referred to in clause (a) of sub-section (4) of section 4 and the Secretary referred to in section 8 on the recommendation of a Search Committee consisting of— (a) the Cabinet Secretary—Chairperson; (b) three experts, possessing outstanding qualifications and experience of not less than twenty five years in the field of medical education, public health education and health research, to be nominated by the Central Government— Members; (c) one expert, from amongst the part-time Members referred to in clause (c) of sub-section (4) of section 4, to be nominated by the Central Government in such manner as may be prescribed— Member; (d) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology, to be nominated by the Central Government—Member; and (e) the Secretary to the Government of India in charge of the Ministry of Health and Family Welfare, to be the Convenor—Member. (2) The Central Government shall, within one month from the date of occurrence of any vacancy, including by reason of death, resignation or removal of the Chairperson or a Member, or within three months before the end of tenure of the Chairperson or Member, make a reference to the Search Committee for filling up of the vacancy. (3) The Search Committee shall recommend a panel of at least three names for every vacancy referred to it. (4) The Search Committee shall, before recommending any person for appointment as the Chairperson or a Member of the Commission, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Member. (5) No appointment of the Chairperson or Member shall be invalid merely by reason of any vacancy or absence of a Member in the Search Committee. (6) Subject to the provisions of sub-sections (2) to (5), the Search Committee may regulate its own procedure. **6. Term of office and conditions of service of Chairperson and Members.—(1) The Chairperson** and the part-time Members, other than the part-time Members appointed under clauses (b) and (c) of sub-section (4) of section 4, shall hold office for a term not exceeding four years and shall not be eligible for any extension or re-appointment: Provided that such person shall cease to hold office after attaining the age of seventy years. (2) The term of office of an ex officio Member shall continue as long as he holds the office by virtue of which he is such Member. (3) Where a Member, other than an _ex officio Member, is absent from three consecutive ordinary_ meetings of the Commission and the cause of such absence is not attributable to any valid reason in the opinion of the Commission, such Member shall be deemed to have vacated the seat. 7 ----- (4) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Member, other than an ex officio Member, shall be such as may be prescribed. (5) The Chairperson or a Member may,— (a) relinquish his office by giving in writing to the Central Government a notice of not less than three months; or (b) be removed from his office in accordance with the provisions of section 7: Provided that such person may be relieved from duties earlier than three months or be allowed to continue beyond three months until a successor is appointed, if the Central Government so decides. (6) The Chairperson and every member of the Commission shall make declaration of his assets and his liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement in such form and manner as may be prescribed, and such declaration shall be published on the website of the Commission. (7) The Chairperson or a Member, ceasing to hold office as such, shall not accept, for a period of two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private medical institution, whose matter has been dealt with by such Chairperson or Member, directly or indirectly: Provided that nothing herein shall be construed as preventing such person from accepting an employment in a body or institution, including medical institution, controlled or maintained by the Central Government or a State Government: Provided further that nothing herein shall prevent the Central Government from permitting the Chairperson or a Member to accept any employment in any capacity, including as a consultant or expert in any private medical institution whose matter has been dealt with by such Chairperson or Member. **7. Removal of Chairperson and Member of Commission.—(1) The Central Government may, by** order, remove from office the Chairperson or any other Member, who— (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Member; or (d) is of unsound mind and stands so declared by a competent court; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (f) has so abused his position as to render his continuance in office prejudicial to public interest. (2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter. **8. Appointment of Secretary, experts, professionals, officers and other employees of** **Commission.—(1) There shall be a Secretariat for the Commission to be headed by a Secretary, to be** appointed by the Central Government in accordance with the provisions of section 5. (2) The Secretary of the Commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribed. 8 ----- (3) The Secretary shall be appointed by the Central Government for a term of four years and shall not be eligible for any extension or re-appointment. (4) The Secretary shall discharge such functions of the Commission as are assigned to him by the Commission and as may be specified by regulations made under this Act. (5) The Commission may, for the efficient discharge of its functions under this Act, appoint such officers and other employees, as it considers necessary, against the posts created by the Central Government. (6) The salaries and allowances payable to, and other terms and conditions of service of, the Secretary, officers and other employees of the Commission shall be such as may be prescribed. (7) The Commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in such fields, including medical education, public health, management, health economics, quality assurance, patient advocacy, health research, science and technology, administration, finance, accounts and law, as it deems necessary, to assist the Commission in the discharge of its functions under this Act. **9. Meetings, etc., of Commission.—(1) The Commission shall meet at least once every quarter at** such time and place as may be appointed by the Chairperson. (2) The Chairperson shall preside at the meeting of the Commission, and if, for any reason, the Chairperson is unable to attend a meeting of the Commission, any other Member, being the President of an Autonomous Board, nominated by the Chairperson, shall preside at the meeting. (3) Unless the procedure to be followed at the meetings of the Commission is otherwise provided by regulations, one-half of the total number of Members of the Commission including the Chairperson shall constitute the quorum and all the acts of the Commission shall be decided by a majority of the members, present and voting and in the event of equality of votes, the Chairperson, or in his absence, the President of the Autonomous Board nominated under sub-section (2), shall have the casting vote. (4) The general superintendence, direction and control of the administration of the Commission shall vest in the Chairperson. (5) No act done by the Commission shall be questioned on the ground of the existence of a vacancy in, or a defect in the constitution of, the Commission. (6) A person who is aggrieved by any decision of the Commission except the decision rendered under sub-section (4) of section 30 may prefer an appeal to the Central Government against such decision within thirty days of the communication of such decision. **10. Powers and functions of Commission.—(1) The Commission shall perform the following** functions, namely:— (a) lay down policies for maintaining a high quality and high standards in medical education and make necessary regulations in this behalf; (b) lay down policies for regulating medical institutions, medical researches and medical professionals and make necessary regulations in this behalf; (c) assess the requirements in healthcare, including human resources for health and healthcare infrastructure and develop a road map for meeting such requirements; 9 ----- (d) promote, co-ordinate and frame guidelines and lay down policies by making necessary regulations for the proper functioning of the Commission, the Autonomous Boards and the State Medical Councils; (e) ensure co-ordination among the Autonomous Boards; (f) take such measures, as may be necessary, to ensure compliance by the State Medical Councils of the guidelines framed and regulations made under this Act for their effective functioning under this Act; (g) exercise appellate jurisdiction with respect to the decisions of the Autonomous Boards; (h) lay down policies and codes to ensure observance of professional ethics in medical profession and to promote ethical conduct during the provision of care by medical practitioners; (i) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of seats in private medical institutions and deemed to be universities which are governed under the provisions of this Act; (j) exercise such other powers and perform such other functions as may be prescribed. (2) All orders and decisions of the Commission shall be authenticated by the signature of the Secretary. (3) The Commission may delegate such of its powers of administrative and financial matters, as it deems fit, to the Secretary. (4) The Commission may constitute sub-committees and delegate such of its powers to such sub-committees as may be necessary to enable them to accomplish specific tasks. CHAPTER III THE MEDICAL ADVISORY COUNCIL **11. Constitution and composition of Medical Advisory Council.—(1) The Central Government** shall constitute an advisory body to be known as the Medical Advisory Council. (2) The Council shall consist of a Chairperson and the following members, namely:— (a) the Chairperson of the Commission shall be the ex officio Chairperson of the Council; (b) every member of the Commission shall be the ex officio members of the Council; (c) one member to represent each State, who is the Vice-Chancellor of a health University in that State, to be nominated by that State Government; (d) one member to represent each Union territory, who is the Vice-Chancellor of a health University in that Union territory, to be nominated by the Ministry of Home Affairs in the Government of India; (e) one member to represent each State and each Union territory from amongst elected members of the State Medical Council, to be nominated by that State Medical Council; (f) the Chairman, University Grants Commission; (g) the Director, National Assessment and Accreditation Council; 10 ----- (h) four members to be nominated by the Central Government from amongst persons holding the post of Director in the Indian Institutes of Technology, Indian Institutes of Management and the Indian Institute of Science: Provided that if there is no health University in any State or Union territory, the Vice-Chancellor of a University within that State or Union territory having the largest number of medical colleges affiliated to it shall be nominated by the State Government or by the Ministry of Home Affairs in the Government of India: Provided further that if there is no University in any Union territory, the Ministry of Home Affairs shall nominate a member who possesses such medical qualification and experience as may be prescribed. **12. Functions of Medical Advisory Council.—(1) The Council shall be the primary platform** through which the States and Union territories may put forth their views and concerns before the Commission and help in shaping the overall agenda, policy and action relating to medical education and training. (2) The Council shall advise the Commission on measures to determine and maintain, and to co-ordinate maintenance of, the minimum standards in all matters relating to medical education, training and research. (3) The Council shall advise the Commission on measures to enhance equitable access to medical education. **13. Meetings of Medical Advisory Council.—(1) The Council shall meet at least twice a year at** such time and place as may be decided by the Chairperson. (2) The Chairperson shall preside at the meeting of the Council and if for any reason the Chairperson is unable to attend a meeting of the Council, such other member as nominated by the Chairperson shall preside over the meeting. (3) Unless the procedure is otherwise provided by regulations, fifty per cent. of the members of the Council including the Chairperson shall form the quorum and all acts of the Council shall be decided by a majority of the members present and voting. CHAPTER IV NATIONAL EXAMINATION **14. National Eligibility cum-Entrance Test.—(1) There shall be a uniform National Eligibility-** cum-Entrance Test for admission to the undergraduate and postgraduate super-speciality medical education in all medical institutions which are governed by the provisions of this Act: Provided that the uniform National Eligibility-cum-Entrance Test for admission to the undergraduate medical education shall also be applicable to all medical institutions governed under any other law for the time being in force. (2) The Commission shall conduct the National Eligibility-cum-Entrance Test in English and in such other languages, through such designated authority and in such manner, as may be specified by regulations. (3) The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to undergraduate and postgraduate super-speciality seats in all the medical institutions which are governed by the provisions of this Act: 11 ----- Provided that the designated authority of the Central Government shall conduct the common counselling for all India seats and the designated authority of the State Government shall conduct the common counselling for the seats at the State level. **15. National Exit Test.—(1) A common final year undergraduate medical examination, to be known** as the National Exit Test shall be held for granting licence to practice medicine as medical practitioners and for enrolment in the State Register or the National Register, as the case may be. (2) The Commission shall conduct the National Exit Test through such designated authority and in such manner as may be specified by regulations. (3) The National Exit Test shall become operational on such date, within three years from the date of commencement of this Act, as may be appointed by the Central Government, by notification. (4) Any person with a foreign medical qualification shall have to qualify National Exit Test for the purpose of obtaining licence to practice medicine as medical practitioner and for enrolment in the State Register or the National Register, as the case may be, in such manner as may be specified by regulations. (5) The National Exit Test shall be the basis for admission to the postgraduate broad-speciality medical education in medical institutions which are governed under the provisions of this Act or under any other law for the time being in force and shall be done in such manner as may be specified by regulations. (6) The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to the postgraduate broad-speciality seats in the medical institutions referred to in sub-section (5): Provided that the designated authority of the Central Government shall conduct the common counselling for All India seats and the designated authority of the State Government shall conduct the common counselling for the seats at the State level. CHAPTER V AUTONOMOUS BOARDS **16. Constitution of Autonomous Boards.—(1) The Central Government shall, by notification,** constitute the following Autonomous Boards, under the overall supervision of the Commission, to perform the functions assigned to such Boards under this Act, namely:— (a) the Under-Graduate Medical Education Board; (b) the Post-Graduate Medical Education Board; (c) the Medical Assessment and Rating Board; and (d) the Ethics and Medical Registration Board. (2) Each Board referred to in sub-section (1) shall be an autonomous body which shall carry out its functions under this Act subject to the regulations made by the Commission. **17. Composition of Autonomous Boards.—(1) Each Autonomous Board shall consist of a President** and two whole-time Members and two part-time Members. (2) The President of each Autonomous Board, three Members (including one part-time Member) of the Under-Graduate Medical Education Board and the Post-Graduate Medical Education Board, and two Members (including one part-time Member) each of the Medical Assessment and Rating Board and the Ethics and Medical Registration Board shall be persons of outstanding ability, proven administrative 12 ----- capacity and integrity, possessing a postgraduate degree in any discipline of medical sciences from any University and having experience of not less than fifteen years in such field, out of which at least seven years shall be as a leader in the area of medical education, public health, community medicine or health research. (3) The third Member of the Medical Assessment and Rating Board shall be a person of outstanding ability and integrity, possessing a postgraduate degree in any of the disciplines of management, quality assurance, law or science and technology from any University, having not less than fifteen years’ experience in such field, out of which at least seven years shall be as a leader. (4) The third Member of the Ethics and Medical Registration Board shall be a person of outstanding ability who has demonstrated public record of work on medical ethics or a person of outstanding ability possessing a postgraduate degree in any of the disciplines of quality assurance, public health, law or patient advocacy from any University and having not less than fifteen years’ experience in such field, out of which at least seven years shall be as a leader. (5) The fourth Member of each Autonomous Boards, being a part-time Member, shall be chosen from amongst the elected Members of the State Medical Council in such manner as may be prescribed. **18. Search Committee for appointment of President and Members.—The Central Government** shall appoint the President and Members of the Autonomous Boards, except Members referred to in sub-section (5) of section 17, on the recommendations made by the Search Committee constituted under section 5 in accordance with the procedure specified in that section. **19. Term of office and conditions of service of President and Members.—(1) The President and** Members (other than part-time Members) of each Autonomous Board shall hold the office for a term not exceeding four years and shall not be eligible for any extension or re-appointment: Provided that part-time Members of each Autonomous Board shall hold the office for a term of two years: Provided further that a Member shall cease to hold office after attaining the age of seventy years. (2) The salaries and allowances payable to, and other terms and conditions of service of the President and Members (other than part-time Members) of an Autonomous Board shall be such as may be prescribed: Provided that part-time Members of each Autonomous Board shall be entitled for such allowances as may be prescribed. (3) The provisions of sub-sections (3), (5), (6), (7) and (8) of section 6 relating to other terms and conditions of service of, and section 7 relating to removal from the office of, the Chairperson and Members of the Commission shall also be applicable to the President and Members of the Autonomous Boards. **20. Advisory committees of experts.—(1) Each Autonomous Board, except the Ethics and Medical** Registration Board, shall be assisted by such advisory committees of experts as may be constituted by the Commission for the efficient discharge of the functions of such Boards under this Act. (2) The Ethics and Medical Registration Board shall be assisted by such ethics committees of experts as may be constituted by the Commission for the efficient discharge of the functions of that Board under this Act. **21. Staff of Autonomous Boards.—The experts, professionals, officers and other employees** appointed under section 8 shall be made available to the Autonomous Boards in such number, and in such manner, as may be specified by regulations by the Commission. 13 ----- **22. Meetings, etc., of Autonomous Boards.—(1) Every Autonomous Board shall meet at least once** a month at such time and place as it may appoint. (2) All decisions of the Autonomous Boards shall be made by majority of votes of the President and Members. (3) Subject to the provision of section 28, a person who is aggrieved by any decision of an Autonomous Board may prefer an appeal to the Commission against such decision within sixty days of the communication of such decision. **23. Powers of Autonomous Boards and delegation of powers.—(1) The President of each** Autonomous Board shall have such administrative and financial powers as may be delegated to it by the Commission to enable such Board to function efficiently. (2) The President of an Autonomous Board may further delegate any of his powers to a Member or an officer of that Board. **24. Powers and functions of Under-Graduate Medical Education Board.—(1) The Under-** Graduate Medical Education Board shall perform the following functions, namely:— (a) determine standards of medical education at undergraduate level and oversee all aspects relating thereto; (b) develop competency based dynamic curriculum at undergraduate level in accordance with the regulations made under this Act; (c) develop competency based dynamic curriculum for addressing the needs of primary health services, community medicine and family medicine to ensure healthcare in such areas, in accordance with the provisions of the regulations made under this Act; (d) frame guidelines for setting up of medical institutions for imparting undergraduate courses, having regard to the needs of the country and the global norms, in accordance with the provisions of the regulations made under this Act; (e) determine the minimum requirements and standards for conducting courses and examinations for undergraduates in medical institutions, having regard to the needs of creativity at local levels, including designing of some courses by individual institutions, in accordance with the provisions of the regulations made under this Act; (f) determine standards and norms for infrastructure, faculty and quality of education in medical institutions providing undergraduate medical education in accordance with the provisions of the regulations made under this Act; (g) facilitate development and training of faculty members teaching undergraduate courses; (h) facilitate research and the international student and faculty exchange programmes relating to undergraduate medical education; (i) specify norms for compulsory annual disclosures, electronically or otherwise, by medical institutions, in respect of their functions that has a bearing on the interest of all stakeholders including students, faculty, the Commission and the Central Government; (j) grant recognition to a medical qualification at the undergraduate level. (2) The Under-Graduate Medical Education Board may, in the discharge of its duties, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. 14 ----- **25. Powers and functions of Post-Graduate Medical Education Board.—(1) The Post-Graduate** Medical Education Board shall perform the following functions, namely:— (a) determine the standards of medical education at the postgraduate level and super-speciality level in accordance with the regulations made under this Act and oversee all aspects relating thereto; (b) develop competency based dynamic curriculum at postgraduate level and super-speciality level in accordance with the regulations made under this Act, with a view to develop appropriate skill, knowledge, attitude, values and ethics among postgraduates and super-specialists to provide healthcare, impart medical education and conduct medical research; (c) frame guidelines for setting up of medical institutions for imparting postgraduate and super-speciality courses, having regard to the needs of the country and global norms, in accordance with the regulations made under this Act; (d) determine the minimum requirements and standards for conducting postgraduate and super-speciality courses and examinations in medical institution, in accordance with the regulations made under this Act; (e) determine standards and norms for infrastructure, faculty and quality of education in medical institutions conducting postgraduate and super-speciality medical education, in accordance with the regulations made under this Act; (f) facilitate development and training of the faculty members teaching postgraduate and super speciality courses; (g) facilitate research and the international student and faculty exchange programmes relating to postgraduate and super-speciality medical education; (h) specify norms for compulsory annual disclosure, electronically or otherwise, by medical institutions in respect of their functions that has a bearing on the interest of all stakeholders including students, faculty, the Commission and the Central Government; (i) grant recognition to the medical qualifications at the postgraduate level and super-speciality level; (j) promote and facilitate postgraduate courses in family medicine. (2) The Post-Graduate Medical Education Board may, in the discharge of its functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **26. Powers and functions of Medical Assessment and Rating Board.—(1) The Medical** Assessment and Rating Board shall perform the following functions, namely:— (a) determine the procedure for assessing and rating the medical institutions for their compliance with the standards laid down by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, in accordance with the regulations made under this Act; (b) grant permission for establishment of a new medical institution, or to start any postgraduate course or to increase number of seats, in accordance with the provisions of section 28; (c) carry out inspections of medical institutions for assessing and rating such institutions in accordance with the regulations made under this Act: 15 ----- Provided that the Medical Assessment and Rating Board may, if it deems necessary, hire and authorise any other third party agency or persons for carrying out inspections of medical institutions for assessing and rating such institutions: Provided further that where inspection of medical institutions is carried out by such third party agency or persons authorised by the Medical Assessment and Rating Board, it shall be obligatory on such institutions to provide access to such agency or person; (d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess and rate all medical institutions, within such period of their opening, and every year thereafter, at such time, and in such manner, as may be specified by the regulations; (e) make available on its website or in public domain the assessment and ratings of medical institutions at regular intervals in accordance with the regulations made under this Act; (f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a medical institution for failure to maintain the minimum essential standards specified by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, in accordance with the regulations made under this Act. (2) The Medical Assessment and Rating Board may, in the discharge of its functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **27. Powers and functions of Ethics and Medical Registration Board.—(1) The Ethics and Medical** Registration Board shall perform the following functions, namely:— (a) maintain National Registers of all licensed medical practitioners in accordance with the provisions of section 31; (b) regulate professional conduct and promote medical ethics in accordance with the regulations made under this Act: Provided that the Ethics and Medical Registration Board shall ensure compliance of the code of professional and ethical conduct through the State Medical Council in a case where such State Medical Council has been conferred power to take disciplinary actions in respect of professional or ethical misconduct by medical practitioners under respective State Acts; (c) develop mechanisms to have continuous interaction with State Medical Councils to effectively promote and regulate the conduct of medical practitioners and professionals; (d) exercise appellate jurisdiction with respect to the actions taken by a State Medical Council under section 30. (2) The Ethics and Medical Registration Board may, in the discharge of its duties, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **28. Permission for establishment of new medical college.—(1) No person shall establish a new** medical college or start any postgraduate course or increase number of seats without obtaining prior permission of the Medical Assessment and Rating Board. (2) For the purposes of obtaining permission under sub-section (1), a person may submit a scheme to the Medical Assessment and Rating Board in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by the regulations. 16 ----- (3) The Medical Assessment and Rating Board shall, having due regard to the criteria specified in section 29, consider the scheme received under sub-section (2) and either approve or disapprove such scheme within a period of six months from the date of such receipt: Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be given to the person concerned. (4) Where a scheme is approved under sub-section (3), such approval shall be the permission under sub-section (1) to establish new medical college. (5) Where a scheme is disapproved under sub-section (3), or where no decision is taken within six months of submitting a scheme under sub-section (1), the person concerned may prefer an appeal to the Commission for approval of the scheme within fifteen days of such disapproval or, as the case may be, lapse of six months, in such manner as may be specified by the regulations. (6) The Commission shall decide the appeal received under sub-section (5) within a period of forty-five days from the date of receipt of the appeal and in case the Commission approves the scheme, such approval shall be the permission under sub-section (1) to establish a new medical college and in case the Commission disapproves the scheme, or fails to give its decision within the specified period, the person concerned may prefer a second appeal to the Central Government within thirty days of communication of such disapproval or, as the case may be, lapse of specified period. (7) The Medical Assessment and Rating Board may conduct evaluation and assessment of any medical institution at any time, either directly or through any other expert having integrity and experience of medical profession and without any prior notice and assess and evaluate the performance, standards and benchmarks of such medical institution. _Explanation.—For the purposes of this section, the term “person” includes a University, trust or any_ other association of persons or body of individuals, but does not include the Central Government. **29. Criteria for approving or disapproving scheme.—While approving or disapproving a scheme** under section 28, the Medical Assessment and Rating Board, or the Commission, as the case may be, shall take into consideration the following criteria, namely:— (a) adequacy of financial resources; (b) whether adequate academic faculty and other necessary facilities have been provided to ensure proper functioning of medical college or would be provided within the time-limit specified in the scheme; (c) whether adequate hospital facilities have been provided or would be provided within the time-limit specified in the scheme; (d) such other factors as may be prescribed: Provided that, subject to the previous approval of the Central Government, the criteria may be relaxed for the medical colleges which are set up in such areas as may be specified by the regulations. **30. State Medical Councils.—(1) The State Government shall, within three years of the** commencement of this Act, take necessary steps to establish a State Medical Council if no such Council exists in that State. (2) Where a State Act confers power upon the State Medical Council to take disciplinary actions in respect of any professional or ethical misconduct by a registered medical practitioner or professional, the State Medical Council shall act in accordance with the regulations made, and the guidelines framed, under this Act: 17 ----- Provided that till such time as a State Medical Council is established in a State, the Ethics and Medical Registration Board shall receive the complaints and grievances relating to any professional or ethical misconduct against a registered medical practitioner or professional in that State in accordance with such procedure as may be specified by the regulations: Provided further that the Ethics and Medical Registration Board or, as the case may be, the State Medical Council shall give an opportunity of hearing to the medical practitioner or professional concerned before taking any action, including imposition of any monetary penalty against such person. (3) A medical practitioner or professional who is aggrieved by any action taken by a State Medical Council under sub-section (2) may prefer an appeal to the Ethics and Medical Registration Board against such action, and the decision, if any, of the Ethics and Medical Registration Board thereupon shall be binding on the State Medical Council, unless a second appeal is preferred under sub-section (4). (4) A medical practitioner or professional who is aggrieved by the decision of the Ethics and Medical Registration Board may prefer an appeal to the Commission within sixty days of communication of such decision. _Explanation.—For the purposes of this Act,—_ (a) “State” includes Union territory and the expressions “State Government” and “State Medical Council”, in relation to a Union territory, shall respectively mean the “Central Government” and “Union territory Medical Council”; (b) the expression “professional or ethical misconduct” includes any act of commission or omission as may be specified by the regulations. **31. National Register and State Register.—(1) The Ethics and Medical Registration Board shall** maintain a National Register containing the name, address, all recognised qualifications possessed by a licensed medical practitioner and such other particulars as may be specified by the regulations. (2) The National Register shall be maintained in such form, including electronic form, in such manner, as may be specified by the regulations. (3) The manner in which a name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, shall be such as may be specified by the regulations. (4) The National Register shall be a public document within the meaning of section 74 of the Indian Evidence Act, 1872 (1 of 1872). (5) The National Register shall be made available to the public by placing it on the website of the Ethics and Medical Registration Board. (6) Every State Medical Council shall maintain and regularly update the State Register in the specified electronic format and supply a physical copy of the same to the Ethics and Medical Registration Board within three months of the commencement of this Act. (7) The Ethics and Medical Registration Board shall ensure electronic synchronisation of the National Register and the State Register in such a manner that any change in one register is automatically reflected in the other register. (8) The Ethics and Medical Registration Board shall maintain a separate National Register in such form, containing such particulars, including the name, address and all recognised qualifications possessed by a Community Health Provider referred to in section 32 in such manner as may be specified by the regulations. 18 ----- **32. Community Health Provider.—(1) The Commission may grant limited licence to practice** medicine at mid-level as Community Health Provider to such person connected with modern scientific medical profession who qualify such criteria as may be specified by the regulations: Provided that the number of limited licence to be granted under this sub-section shall not exceed one-third of the total number of licenced medical practitioners registered under sub-section (1) of section 31. (2) The Community Health Provider who is granted limited licences under sub-section (1), may practice medicine to such extent, in such circumstances and for such period, as may be specified by the regulations. (3) The Community Health Provider may prescribe specified medicine independently, only in primary and preventive healthcare, but in cases other than primary and preventive healthcare, he may prescribe medicine only under the supervision of medical practitioners registered under sub-section (1) of section 31. **33. Rights of persons to have licence to practice and to be enrolled in National Register or State** **Register and their obligations thereto.—(1) Any person who qualifies the National Exit Test held under** section 15 shall be granted a licence to practice medicine and shall have his name and qualifications enrolled in the National Register or a State Register, as the case may be: Provided that a person who has been registered in the Indian Medical Register maintained under the Indian Medical Council Act, 1956 (102 of 1956) prior to the coming into force of this Act and before the National Exit Test becomes operational under sub-section (3) of section 15, shall be deemed to have been registered under this Act and be enrolled in the National Register maintained under this Act. (2) No person who has obtained medical qualification from a medical institution established in any country outside India and is recognised as a medical practitioner in that country, shall, after the commencement of this Act and the National Exit Test becomes operational under sub-section (3) of section 15, be enrolled in the National Register unless he qualifies the National Exit Test. (3) When a person whose name is entered in the State Register or the National Register, as the case may be, obtains any title, diploma or other qualification for proficiency in sciences or public health or medicine which is a recognised medical qualification under section 35 or section 36, as the case may be, he shall be entitled to have such title, diploma or qualification entered against his name in the State Register or the National Register, as the case may be, in such manner as may be specified by the regulations. **34. Bar to practice.—(1) No person other than a person who is enrolled in the State Register or the** National Register, as the case may be, shall— (a) be allowed to practice medicine as a qualified medical practitioner; (b) hold office as a physician or surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon; (c) be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner; (d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to medicine: Provided that the Commission shall submit a list of such medical professionals to the Central Government in such manner as may be prescribed: 19 ----- Provided further that a foreign citizen who is enrolled in his country as a medical practitioner in accordance with the law regulating the registration of medical practitioners in that country may be permitted temporary registration in India for such period and in such manner as may be specified by the regulations. (2) Any person who contravenes any of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees or with both. CHAPTER VI RECOGNITION OF MEDICAL QUALIFICATIONS **35. Recognition of medical qualifications granted by Universities or medical institutions in** **India.—(1) The medical qualification granted by any University or medical institution in India shall be** listed and maintained by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, in such manner as may be specified by the regulations and such medical qualification shall be a recognised medical qualification for the purposes of this Act. (2) Any University or medical institution in India which grants an undergraduate or postgraduate or super-speciality medical qualification not included in the list maintained by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, may apply to that Board for granting recognition to such qualification. (3) The Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, shall examine the application for grant of recognition to a medical qualification within a period of six months in such manner as may be specified by the regulations. (4) Where the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, decides to grant recognition to a medical qualification, it shall include such medical qualification in the list maintained by it and also specify the date of effect of such recognition. (5) Where the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, decides not to grant recognition to a medical qualification, the University or the medical institution concerned may prefer an appeal to the Commission for grant of recognition within sixty days of the communication of such decision, in such manner as may be specified by the regulations. (6) The Commission shall examine the appeal received under sub-section (5) within a period of two months and if it decides that recognition may be granted to such medical qualification, it may direct the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, to include such medical qualification in the list maintained by that Board, in such manner as may be specified by the regulations. (7) Where the Commission decides not to grant recognition to the medical qualification, or fails to take a decision within the specified period, the University or the medical institution concerned may prefer a second appeal to the Central Government within thirty days of the communication of such decision or lapse of specified period, as the case may be. (8) All medical qualifications which have been recognised before the date of commencement of this Act and are included in the First Schedule and Part I of the Third Schedule to the Indian Medical Council Act, 1956 (102 of 1956), shall also be recognised medical qualifications for the purposes of this Act, and shall be listed and maintained by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, in such manner as may be specified by the regulations. 20 ----- **36. Recognition of medical qualifications granted by medical institutions outside India.—(1)** Where an authority in any country outside India, which by the law of that country is entrusted with the recognition of medical qualifications in that country, makes an application to the Commission for granting recognition to such medical qualification in India, the Commission may, subject to such verification as it may deem necessary, either grant or refuse to grant recognition to that medical qualification: Provided that the Commission shall give a reasonable opportunity of being heard to such authority before refusing to grant such recognition. (2) A medical qualification which is granted recognition by the Commission under sub-section (1) shall be a recognised medical qualification for the purposes of this Act, and such qualification shall be listed and maintained by the Commission in such manner as may be specified by the regulations. (3) Where the Commission refuses to grant recognition to the medical qualification under sub-section (1), the authority concerned may prefer an appeal to the Central Government against such decision within thirty days of communication thereof. (4) All medical qualifications which have been recognised before the date of commencement of this Act and are included in the Second Schedule and Part II of the Third Schedule to the Indian Medical Council Act, 1956 (102 of 1956), shall also be recognised medical qualifications for the purposes of this Act, and shall be listed and maintained by the Commission in such manner as may be specified by the regulations. **37. Recognition of medical qualifications granted by statutory or other body in India.—(1) The** medical qualifications granted by any statutory or other body in India which are covered by the categories listed in the Schedule shall be recognised medical qualifications for the purposes of this Act. (2) The Diplomate of National Board in broad-speciality qualifications and superspeciality qualifications when granted in a medical institution with attached hospital or in a hospital with the strength of five hundred or more beds, by the National Board of Examinations, shall be equivalent in all respects to the corresponding postgraduate qualification and the super-speciality qualification granted under this Act, but in all other cases, senior residency in a medical college for an additional period of one year shall be required for such qualification to be equivalent for the purposes of teaching also. (3) The Central Government may, on the recommendation of the Commission, and having regard to the objects of this Act, by notification, add to, or, as the case may be, omit from, the Schedule any categories of medical qualifications granted by a statutory or other body in India and on such addition, or as the case may be, omission, the medical qualifications granted by such statutory or other body in India shall be, or shall cease to be, recognised medical qualifications for the purposes of this Act. **38. Withdrawal of recognition granted to medical qualification granted by medical institutions** **in India.—(1) Where, upon receiving a report from the Medical Assessment and Rating Board under** section 26, or otherwise, if the Commission is of the opinion that— (a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a University or medical institution do not conform to the standards specified by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be; or (b) the standards and norms for infrastructure, faculty and quality of education in medical institution as determined by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, are not adhered to by any University or medical institution, and such University or medical institution has failed to take necessary corrective action to 21 ----- maintain specified minimum standards, the Commission may initiate action in accordance with the provisions of sub-section (2): Provided that the Commission shall, before taking any action for suo motu withdrawal of recognition granted to the medical qualification awarded by a University or medical institution, impose penalty in accordance with the provisions of clause (f) of sub-section (1) of section 26. (2) The Commission shall, after making such further inquiry as it deems fit, and after holding consultations with the concerned State Government and the authority of the concerned University or medical institution, comes to the conclusion that the recognition granted to a medical qualification ought to be withdrawn, it may, by order, withdraw recognition granted to such medical qualification and direct the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, to amend the entries against the University or medical institution concerned in the list maintained by that Board to the effect that the recognition granted to such medical qualification is withdrawn with effect from the date specified in that order. **39. Derecognition of medical qualifications granted by medical institutions outside India.—** Where, after verification with the authority in any country outside India, the Commission is of the opinion that a recognised medical qualification which is included in the list maintained by it is to be derecognised, it may, by order, derecognise such medical qualification and remove it from the list maintained by the Commission with effect from the date of such order. **40. Special provision in certain cases for recognition of medical qualifications.—Where the** Commission deems it necessary, it may, by an order published in the Official Gazette, direct that any medical qualification granted by a medical institution in a country outside India, after such date as may be specified in that notification, shall be a recognised medical qualification for the purposes of this Act: Provided that medical practice by a person possessing such qualification shall be permitted only if such person qualifies National Exit Test. CHAPTER VII GRANTS, AUDIT AND ACCOUNTS **41. Grants by Central Government.—The Central Government may, after due appropriation made** by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central Government may think fit. **42. National Medical Commission Fund.—(1) There shall be constituted a fund to be called “the** National Medical Commission Fund” which shall form part of the public account of India and there shall be credited thereto— (a) all Government grants, fees, penalties and charges received by the Commission and the Autonomous Boards; (b) all sums received by the Commission from such other sources as may be decided by it. (2) The Fund shall be applied for making payment towards— (a) the salaries and allowances payable to the Chairperson and Members of the Commission, the Presidents and Members of the Autonomous Boards and the administrative expenses including the salaries and allowances payable to the officers and other employees of the Commission and Autonomous Boards; (b) the expenses incurred in carrying out the provisions of this Act, including in connection with the discharge of the functions of the Commission and the Autonomous Boards. 22 ----- **43. Audit and accounts.—(1) The Commission shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other persons appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and in particular, shall have the right to demand the production of, and complete access to, records, books, accounts, connected vouchers and other documents and papers and to inspect the office of the Commission. (4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually by the Commission to the Central Government which shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament. **44. Furnishing of returns and reports to Central Government.—(1) The Commission shall** furnish to the Central Government, at such time, in such form and in such manner, as may be prescribed or as the Central Government may direct, such reports and statements, containing such particulars in regard to any matter under the jurisdiction of the Commission, as the Central Government may, from time to time, require. (2) The Commission shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government. (3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament. CHAPTER VIII MISCELLANEOUS **45. Power of Central Government to give directions to Commission and Autonomous Boards.—** (1) Without prejudice to the foregoing provisions of this Act, the Commission and the Autonomous Boards shall, in exercise of their powers and discharge of their functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to them from time to time: Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section. (2) The decision of the Central Government whether a question is one of policy or not shall be final. **46. Power of Central Government to give directions to State Governments.—The Central** Government may give such directions, as it may deem necessary, to a State Government for carrying out all or any of the provisions of this Act and the State Government shall comply with such directions. **47. Information to be furnished by Commission and publication thereof.—(1) The Commission** shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Government as that Government may require. 23 ----- (2) The Central Government may publish, in such manner as it may think fit, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1). **48. Obligation of universities and medical institutions.—Every University and medical institution** governed under this Act shall maintain a website at all times and display on its website all such information as may be required by the Commission or an Autonomous Board, as the case may be. **49. Completion of courses of studies in medical institutions.—(1) Notwithstanding anything** contained in this Act, any student who was studying for a degree, diploma or certificate in any medical institution immediately before the commencement of this Act shall continue to so study and complete his course for such degree, diploma or certificate, and such institution shall continue to provide instructions and examination for such student in accordance with the syllabus and studies as existed before such commencement, and such student shall be deemed to have completed his course of study under this Act and shall be awarded degree, diploma or certificate under this Act. (2) Notwithstanding anything contained in this Act, where recognition granted to a medical institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, such medical institution shall continue to maintain and provide the minimum standards required to be provided under this Act till such time as all candidates who are admitted in that medical institution complete their study. **50. Joint sittings of Commission, Central Councils of Homoeopathy and Indian medicine to** **enhance interface between their respective systems of medicine.—(1) There shall be a joint sitting of** the Commission, the Central Council of Homoeopathy and the Central Council of Indian Medicine at least once a year, at such time and place as they mutually appoint, to enhance the interface between Homoeopathy, Indian Systems of Medicine and modern systems of medicine. (2) The agenda for the joint sitting may be prepared with mutual agreement between the Chairpersons of the Commission, the Central Council of Homoeopathy and the Central Council of Indian Medicine or be prepared separately by each of them. (3) The joint sitting referred to in sub-section (1) may, by an affirmative vote of all members present and voting, decide on approving specific educational modules or programmes that may be introduced in the undergraduate course and the postgraduate course across medical systems and promote medical pluralism. **51. State Government to promote primary healthcare in rural areas.—Every State Government** may, for the purposes of addressing or promoting primary healthcare in rural area, take necessary measures to enhance the capacity of the healthcare professionals. **52. Chairperson, Members, officers of Commission and of Autonomous Boards to be public** **servants.—The Chairperson, Members, officers and other employees of the Commission and the** President, Members and officers and other employees of the Autonomous Boards shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code 1860 (45 of 1860). **53. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Government, the Commission or any Autonomous Board or a State Medical Council or any Committee thereof, or any officer or other employee of the Government or of the Commission acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. 24 ----- **54. Cognizance of offences.—No court shall take cognizance of an offence punishable under this Act** except upon a complaint in writing made in this behalf by an officer authorised by the Commission or the Ethics and Medical Registration Board or a State Medical Council, as the case may be. **55. Power of Central Government to supersede Commission.—(1) If, at any time, the Central** Government is of opinion that— (a) the Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or (b) the Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act, the Central Government may, by notification, supersede the Commission for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission. (2) Upon the publication of a notification under sub-section (1) superseding the Commission,— (a) all the Members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Commission, shall, until the Commission is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; (c) all property owned or controlled by the Commission shall, until the Commission is re-constituted under sub-section (3), vest in the Central Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may,— (a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or (b) re-constitute the Commission by fresh appointment and in such case the Members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity. **56. Power to make rules.—(1) The Central Government may, by notification, make rules to carry** out the purposes of this Act. 25 ----- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of appointing ten Members of the Commission on rotational basis from amongst the nominees of the States and Union territories in the Medical Advisory Council under clause (b) of sub-section (4) of section 4; (b) the manner of appointing nine members of the Commission under clause (c) of sub-section (4) of section 4; (c) the manner of nominating one expert by the Central Government under clause (c) of sub-section (1) of section 5; (d) the salary and allowances payable to, and other terms and conditions of service of the Chairperson and Members under sub-section (4) of section 6; (e) the form and the manner of making declaration under sub-section (6) of section 6; (f) the qualifications and experience to be possessed by the Secretary of the Commission under sub-section (2) of section 8; (g) the salaries and allowances payable to, and other terms and conditions of service of the Secretary, officers and other employees of the Commission under sub-section (6) of section 8; (h) the other powers and functions of the Commission under clause (j) of sub-section (1) of section 10; (i) the medical qualification and experience to be possessed by a member under the second proviso to section 11; (j) the manner of choosing part-time Members under sub-section (5) of section 17; (k) the salary and allowances payable to, and other terms and conditions of service of the President and Members of an Autonomous Board under sub-section (2), and the allowances payable to part-time Members under the proviso thereunder, of section 19; (l) the other factors under clause (d) of section 29; (m) the manner of submitting a list of medical professionals under the first proviso to sub-section (1) of section 34; (n) the form for preparing annual statement of accounts under sub-section (1) of section 43; (o) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the Commission and the particulars with regard to any matter as may be required by the Central Government under sub-section (1) of section 44; (p) the form and the time for preparing annual report under sub-section (2) of section 44; (q) any other matter in respect of which provision is to be made by rules. **57. Power to make regulations.—(1) The Commission may, after previous publication, by** notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. 26 ----- (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the functions to be discharged by the Secretary of the Commission under sub-section (4) of section 8; (b) the procedure in accordance with which experts and professionals may be engaged and the number of such experts and professionals under sub-section (7) of section 8; (c) the procedure to be followed at the meetings of Commission, including the quorum at its meetings under sub-section (3) of section 9; (d) the quality and standards to be maintained in medical education under clause (a) of sub-section (1) of section 10; (e) the manner of regulating medical institutions, medical researches and medical professionals under clause (b) of sub-section (1) of section 10; (f) the manner of functioning of the Commission, the Autonomous Boards and the State Medical Councils under clause (d) of sub-section (1) of section 10; (g) the procedure to be followed at the meetings of the Medical Advisory Council, including the quorum at its meetings under sub-section (3) of section 13; (h) the other languages in which and the manner in which the National Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of section 14; (i) the manner of conducting common counselling by the designated authority for admission to the undergraduate and postgraduate super-speciality medical education under sub-section (3) of section 14; (j) the designated authority, and the manner for conducting the National Exit Test under sub-section (2) of section 15; (k) the manner in which a person with foreign medical qualification shall qualify National Exit Test under sub-section (4) of section 15; (l) the manner in which admission to the postgraduate broad-speciality medical education shall be made on the basis of National Exit Test under sub-section (5) of section 15; (m) the manner of conducting common counselling by the designated authority for admission to the postgraduate broad-speciality medical education under sub-section (6) of section 15; (n) the number of, and the manner in which, the experts, professionals, officers and other employees shall be made available by the Commission to the Autonomous Boards under section 21; (o) the curriculum at undergraduate level under clause (b) of sub-section (1) of section 24; (p) the curriculum for primary medicine, community medicine and family medicine under clause (c) of sub-section (1) of section 24; (q) the manner of imparting undergraduate courses by medical institutions under clause (d) of sub-section (1) of section 24; (r) the minimum requirements and standards for conducting courses and examinations for undergraduates in medical institutions under clause (e) of sub-section (1) of section 24; 27 ----- (s) the standards and norms for infrastructure, faculty and quality of education at undergraduate level in medical institutions under clause (f) of sub-section (1) of section 24; (t) the standards of medical education at the postgraduate level and superspeciality level under clause (a) of sub-section (1) of section 25; (u) the curriculum at postgraduate level and super-speciality level under clause (b) of sub-section (1) of section 25; (v) the manner of imparting postgraduate and super-speciality courses by medical institutions under clause (c) of sub-section (1) of section 25; (w) the minimum requirements and standards for conducting postgraduate and super-speciality courses and examinations in medical institutions under clause (d) of sub-section (1) of section 25; (x) the standards and norms for infrastructure, faculty and quality of education in medical institutions conducting postgraduate and super-speciality medical education under clause (e) of sub-section (1) of section 25; (y) the procedure for assessing and rating the medical institutions under clause (a) of sub-section (1) of section 26; (z) the manner of carrying out inspections of medical institutions for assessing and rating such institutions under clause (c) of sub-section (1) of section 26; (za) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assessment and rating of medical institutions under clause (d) of sub-section (1) of section 26; (zb) the manner of making available on website or in public domain the assessment and ratings of medical institutions under clause (e) of sub-section (1) of section 26; (zc) the measures to be taken against a medical institution for its failure to maintain the minimum essential standards under clause (f) of sub-section (1) of section 26; (zd) the manner of regulating professional conduct and promoting medical ethics under clause (b) of sub-section (1) of section 27; (ze) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing a new medical college or for starting any postgraduate course or for increasing number of seats under sub-section (2) of section 28; (zf) the manner of making an appeal to the Commission for approval of the scheme under sub-section (5) of section 28; (zg) the areas in respect of which criteria may be relaxed under the proviso to section 29; (zh) the manner of taking disciplinary action by a State Medical Council for professional or ethical misconduct of registered medical practitioner or professional and the procedure for receiving complaints and grievances by Ethics and Medical Registration Board, under sub-section (2) of section 30; (zi) the act of commission or omission which amounts to professional or ethical misconduct under clause (b) of the Explanation to section 30; (zj) other particulars to be contained in a National Register under sub-section (1) of section 31; 28 ----- (zk) the form, including the electronic form and the manner of maintaining the National Register under sub-section (2) of section 31; (zl) the manner in which any name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, under sub-section (3) of section 31; (zm) the form and manner in which the National Register for registering Community Health Provider is to be maintained under sub-section (8) of section 31; (zn) the criteria for granting limited licence to practice medicine under sub-section (1) of section 32; (zo) the extent, the circumstances and the period under sub-section (2) of section 32; (zp) the manner of listing and maintaining medical qualifications granted by a University or medical institution in India under sub-section (1) of section 35; (zq) the manner of examining the application for grant of recognition under sub-section (3) of section 35; (zr) the manner of preferring an appeal to the Commission for grant of recognition under sub-section (5) of section 35; (zs) the manner of including a medical qualification in the list maintained by the Board under sub-section (6) of section 35; (zt) the manner of listing and maintaining medical qualifications which have been granted recognition before the date of commencement of this Act under sub-section (8) of section 35. **58. Rules and regulations to be laid before Parliament.—Every rule and every regulation made,** and every notification issued, under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or notification; both Houses agree that the rule or regulation or notification should not be made, the rule or regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification. **59. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary, for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **60. Repeal and saving.—(1) With effect from such date as the Central Government may appoint in** this behalf, the Indian Medical Council Act, 1956 (102 of 1956) shall stand repealed and the Medical Council of India constituted under sub-section (1) of section 3 of the said Act shall stand dissolved. (2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,— (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or 29 ----- (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any penalty incurred in respect of any contravention under the Act so repealed; or (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed. (3) On the dissolution of the Medical Council of India, the person appointed as the Chairman of the Medical Council of India and every other person appointed as the Member and any officer and other employee of that Council and holding office as such immediately before such dissolution shall vacate their respective offices and such Chairman and other Members shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service: Provided that any officer or other employee who has been, immediately before the dissolution of the Medical Council of India appointed on deputation basis to the Medical Council of India, shall, on such dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be: Provided further that any officer or other employee who has been, immediately before the dissolution of the Medical Council of India, employed on regular or contractual basis by the Medical Council of India, shall, on and from such dissolution, cease to be the officer or employee of the Medical Council of India and his employment in the Medical Council of India stand terminated with immediate effect: Provided also that such officer or employee of the Medical Council of India shall be entitled to such compensation for the premature termination of his employment, which shall not be less than three months' pay and allowances, as may be prescribed. (4) Notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practice issued, any registration made, any permission to start new medical college or to start higher course of studies or for increase in the admission capacity granted, any recognition of medical qualifications granted, under the Indian Medical Council Act, 1956 (102 of 1956), which are in force as on the date of commencement of this Act, shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this Act or the rules or regulations made thereunder. **61. Transitory provisions.—(1) The Commission shall be the successor in interest to the Medical** Council of India including its subsidiaries or owned trusts and all the assets and liabilities of the Medical Council of India shall be deemed to have been transferred to the Commission. (2) Notwithstanding the repeal of the Indian Medical Council Act, 1956 (102 of 1956), the educational standards, requirements and other provisions of the Indian Medical Council Act, 1956 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder: Provided that anything done or any action taken as regards the educational standards and requirements under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act. 30 ----- THE SCHEDULE [See section 37] LIST OF CATEGORIES OF MEDICAL QUALIFICATIONS GRANTED BY STATUTORY BODY OR OTHER BODY IN INDIA _Sl. No._ _Categories of medical qualifications_ 1. All medical qualifications granted by the Jawaharlal Institute of Postgraduate MedicalEducation and Research, Puducherry. 2. All medical qualifications granted by All India Institutes of Medical Sciences. 3. All medical qualifications granted by the Postgraduate Institute of Medical Education and Research, Chandigarh. 4. All medical qualifications granted by the National Institute of Mental Health and NeuroSciences, Bangalore. 5. All medical qualifications granted by the National Board of Examination. 31 -----

8-Aug-2019

29

The Code on Wages, 2019

https://www.indiacode.nic.in/bitstream/123456789/15793/1/A2019-29.pdf

central

THE CODE ON WAGES, 2019 _______________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Prohibition of discrimination on ground of gender. 4. Decision as to disputes with regard to same or similar nature of work. CHAPTER II MINIMUM WAGES 5. Payment of minimum rate of wages. 6. Fixation of minimum wages. 7. Components of minimum wages. 8. Procedure for fixing and revising minimum wages. 9. Power of Central Government to fix floor wage. 10. Wages of employee who works for less than normal working day. 11. Wages for two or more classes of work. 12. Minimum time rate wages for piece work. 13. Fixing hours of work for normal working day. 14. Wages for overtime work. CHAPTER III PAYMENT OF WAGES 15. Mode of payment of wages. 16. Fixation of wage period. 17. Time limit for payment of wages. 18. Deductions which may be made from wages. 19. Fines. 20. Deductions for absence from duty. 21. Deductions for damage or loss. 22. Deductions for services rendered. 23. Deductions for recovery of advances. 24. Deductions for recovery of loans. 25. Chapter not to apply to Government establishments. CHAPTER IV PAYMENT OF BONUS 26. Eligibility for bonus, etc. 27. Proportionate reduction in bonus in certain cases. 28. Computation of number of working days. 29. Disqualification for bonus. 30. Establishments to include departments, undertakings and branches. 31. Payment of bonus out of allocable surplus. 32. Computation of gross profits. 33. Computation of available surplus. 34. Sums deductible from gross profits. 1 ----- SECTIONS 35. Calculation of direct tax payable by employer. 36. Set on and set off of allocable surplus. 37. Adjustment of customary or interim bonus against bonus payable under this Code. 38. Deduction of certain amounts from bonus payable. 39. Time limit for payment of bonus. 40. Application of this Chapter to establishments in public sector in certain cases. 41. Non-applicability of this Chapter. CHAPTER V ADVISORY BOARD 42. Central Advisory Board and State Advisory Boards. CHAPTER VI PAYMENT OF DUES CLAIMS AND AUDIT 43. Responsibility for payment of various dues. 44. Payment of various undisbursed dues in case of death of employee. 45. Claims under Code and procedure thereof. 46. Reference of disputes under this Code. 47. Presumption about accuracy of balance sheet and profit and loss account of corporations and companies. 48. Audit of account of employers not being corporations or companies. 49. Appeal. 50. Records, returns and notices. CHAPTER VII INSPECTORY-CUM-FACILITATOR 51. Appointment of Inspector-cum-Facilitators and their powers. CHAPTER VIII OFFENCES AND PENALTIES 52. Cognizance of offences. 53. Power of officers of appropriate Government to impose penalty in certain cases. 54. Penalties for offences. 55. Offences by companies. 56. Composition of offences. CHAPTER X MISCELLANEOUS 57. Bar of suits. 58. Protection of action taken in good faith. 59. Burden of proof. 60. Contracting out. 61. Effect of laws agreements, etc., inconsistent with this Code. 62. Delegation of powers. 63. Exemption of employer from liability in certain cases. 64. Protection against attachments of assets of employer with Government. 65. Power of Central Government to give directions. 66. Saving. 67. Power of appropriate Government to make rules. 68. Power to remove difficulties. 69. Repeal and savings. 2 ----- THE CODE ON WAGES, 2019 ACT NO. 29 OF 2019 [08th August, 2019.] An Act to amend and consolidate the laws relating to wages and bonus and matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Code on Wages, 2019.** (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette appoint; and different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the coming into force of that provision. **2. Definitions.—In this Code, unless the context otherwise requires,—** (a) “accounting year” means the year commencing on the 1st day of April; (b) “Advisory Board” means the Central Advisory Board or, as the case may be, the State Advisory Board, constituted under section 42; (c) “agricultural income tax law” means any law for the time being in force relating to the levy of tax on agricultural income; (d) “appropriate Government” means, — (i) in relation to, an establishment carried on by or under the authority of the Central Government or the establishment of railways, mines, oil field, major ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a Central Act or a central public sector undertaking or subsidiary companies set up by central public sector undertakings or autonomous bodies owned or controlled by the Central Government, including establishment of contractors for the purposes of such establishment, corporation or other authority, central public sector undertakings, subsidiary companies or autonomous bodies, as the case may be, the Central Government; (ii) in relation to any other establishment, the State Government; (e) “company” means a company as defined in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013); (f) “contractor”, in relation to an establishment, means a person, who— (i) undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour; or (ii) supplies contract labour for any work of the establishment as mere human resource and includes a sub-contractor; (g) “contract labour” means a worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through 1.18[th] December, 2020,--Sub-section (1), (2), (3), (10) and (11) of section 42 (to the extent relate to the central Advisory Board); clauses (s) and (t) of sub-section (2) of section 67 (to the extent they relate to the Central advisory Board); section 69 [to the extent it relates to section 7 and 9 (to the extent relate to the Central Government) and section 8 of the Minimum Wages Act, 1948 (11 of 1948)], vide notification No. S.O. 4604(E), dated 18[th] December, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- a contractor, with or without the knowledge of the principal employer and includes inter-State migrant worker but does not include a worker (other than part-time employee) who— (i) is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis), and (ii) gets periodical increment in the pay, social security coverage and other welfare benefits in accordance with the law for the time being in force in such employment; (h) “co-operative society” means a society registered or deemed to be registered under the Co operative Societies Act, 1912 (2 of 1912), or any other law for the time being in force relating to cooperative societies in any State; (i) “corporation” means any body corporate established by or under any Central Act, or State Act, but does not include a company or a co-operative society; (j) “direct tax” means— (i) any tax chargeable under the— (A) Income-tax Act, 1961 (43 of 1961); (B) Companies (Profits) Surtax Act, 1964 (7 of 1964); (C) Agricultural income tax law; and (ii) any other tax which, having regard to its nature or incidence, may be declared by the Central Government, by notification, to be a direct tax for the purposes of this Code; (k) “employee” means, any person (other than an apprentice engaged under the Apprentices Act, 1961 (52 of 1961)), employed on wages by an establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate Government, but does not include any member of the Armed Forces of the Union; (l) “employer” means a person who employs, whether directly or through any person, or on his behalf or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any department of the Central Government or the State Government, the authority specified, by the head of such department, in this behalf or where no authority, is so specified the head of the department and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,— (i) in relation to an establishment which is a factory, the occupier of the factory as defined in clause (n) of section 2 of the Factories Act, 1948 (63 of 1948) and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the said Act, the person so named; (ii) in relation to any other establishment, the person who, or the authority which, has ultimate control over the affairs of the establishment and where the said affairs is entrusted to a manager or managing director, such manager or managing director; (iii) contractor; and (iv) legal representative of a deceased employer; (m) “establishment” means any place where any industry, trade, business, manufacture or occupation is carried on and includes Government establishment; (n) “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); (o) “Government establishment” means any office or department of the Government or a local authority; (p) “Income-tax Act” means the Income-tax Act, 1961 (43 of 1961); 4 ----- (q) “industrial dispute” means,— (i) any dispute or difference between employers and employers, or between employers and workers or between workers and workers which is connected with the employment or nonemployment or the terms of employment or with the conditions of labour, of any person; and (ii) any dispute or difference between an individual worker and an employer connected with, or arising out of, discharge, dismissal, retrenchment or termination of such worker; (r) “Inspector-cum-Facilitator” means a person appointed by the appropriate Government under sub-section (1) of section 51; (s) “minimum wage” means the wage fixed under section 6; (t) “notification” means a notification published in the Gazette of India or in the Official Gazette of a State, as the case may be, and the expression “notify” with its grammatical variations and cognate expressions shall be construed accordingly; (u) “prescribed” means prescribed by rules made by the appropriate Government; (v) “same work or work of a similar nature” means work in respect of which the skill, effort, experience and responsibility required are the same, when performed under similar working conditions by employees and the difference if any, between the skill, effort, experience and responsibility required for employees of any gender, are not of practical importance in relation to the terms and conditions of employment; (w) “State” includes a Union territory; (x) “Tribunal” shall have the same meaning as assigned to it in clause (r) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947); (y) “wages” means all remuneration whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would (42 of 2005), if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes, — (i) basic pay; (ii) dearness allowance; and (iii) retaining allowance, if any, but does not include— (a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment; (b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government; (c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; (f) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal; (h) any overtime allowance; (i) any commission payable to the employee; (j) any gratuity payable on the termination of employment; 5 ----- (k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment: Provided that, for calculating the wages under this clause, if payments made by the employer to the employee under clauses (a) to (i) exceeds one-half, or such other per cent. as may be notified by the Central Government, of the all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent. so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause: Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages, the emoluments specified in clauses (d), (f), (g) and (h) shall be taken for computation of wage. _Explanation.—Where an employee is given in lieu of the whole or part of the wages_ payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent. of the total wages payable to him, shall be deemed to form part of the wages of such employee; (z) “worker” means any person (except an apprentice as defined under clause (aa) of section 2 of the Apprentices Act, 1961 (52 of 1961)) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes— (i) working journalists as defined in clause (f) of section 2 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955); and (ii) sales promotion employees as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976), and for the purposes of any proceeding under this Code in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched or otherwise terminated in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person— (a) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (b) who is employed in the police service or as an officer or other employee of a prison; or (c) who is employed mainly in a managerial or administrative capacity; or (d) who is employed in a supervisory capacity drawing wage of exceeding fifteen thousand rupees per month or an amount as may be notified by the Central Government from time to time. **3. Prohibition of discrimination on ground of gender.—(1) There shall be no discrimination in an** establishment or any unit thereof among employees on the ground of gender in matters relating to wages by the same employer, in respect of the same work or work of a similar nature done by any employee. (2) No employer shall, — (i) for the purposes of complying with the provisions of sub-section (1), reduce the rate of wages of any employee; and (ii) make any discrimination on the ground of sex while recruiting any employee for the same work or work of similar nature and in the conditions of employment, except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force. **4. Decision as to disputes with regard to same or similar nature of work.—Where there is any** dispute as to whether a work is of same or similar nature for the purposes of section 3, the dispute shall be decided by such authority as may be notified by the appropriate Government. 6 ----- CHAPTER II MINIMUM WAGES **5. Payment of minimum rate of wages.—No employer shall pay to any employee wages less than** the minimum rate of wages notified by the appropriate Government. **6. Fixation of minimum wages.—(1) Subject to the provisions of section 9, the appropriate** Government shall fix the minimum rate of wages payable to employees in accordance with the provisions of section 8. (2) For the purposes of sub-section (1), the appropriate Government shall fix a minimum rate of wages— (a) for time work; or (b) for piece work. (3) Where employees are employed on piece work, for the purpose of sub-section (1), the appropriate Government shall fix a minimum rate of wages for securing such employees a minimum rate of wages on a time work basis. (4) The minimum rate of wages on time work basis may be fixed in accordance with any one or more of the following wage periods, namely:— (i) by the hour; or (ii) by the day; or (iii) by the month. (5) Where the rates of wages are fixed by the hour or by the day or by the month, the manner of calculating the wages shall be such, as may be prescribed. (6) For the purpose of fixation of minimum rate of wages under this section, the appropriate Government,— (a) shall primarily take into account the skill of workers required for working under the categories of unskilled, skilled, semi-skilled and highly-skilled or geographical area or both; and (b) may, in addition to such minimum rate of wages for certain category of workers, take into account their arduousness of work like temperature or humidity normally difficult to bear, hazardous occupations or processes or underground work as may be prescribed by that Government; and (c) the norms of such fixation of minimum rate of wages shall be such as may be prescribed. (7) The number of minimum rates of wages referred to in sub-section (6) may, as far as possible, be kept at minimum by the appropriate Government. **7. Components of minimum wages.—(1) Any minimum rate of wages fixed or revised by the** appropriate Government under section 8 may consist of— (a) a basic rate of wages and an allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as “cost of living allowance”); or (b) a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorised; or (c) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any. (2) The cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rate shall be computed by such authority, as the appropriate 7 ----- Government may by notification, appoint, at such intervals and in accordance with such directions as may be specified or given by the appropriate Government from time to time. **8. Procedure for fixing and revising minimum wages.—(1) In fixing minimum rates of wages for** the first time or in revising minimum rates of wages under this Code, the appropriate Government shall either— (a) appoint as many committees as it considers necessary to hold enquiries and recommend in respect of such fixation or revision, as the case may be; or (b) by notification publish its proposals for the information of persons likely to be affected thereby and specify a date not less than two months from the date of the notification on which the proposals shall be taken into consideration. (2) Every committee appointed by the appropriate Government under clause (a) of sub-section (1) shall consist of persons— (a) representing employers; (b) representing employees which shall be equal in number of the members specified in clause (a); and (c) independent persons, not exceeding one-third of the total members of the committee. (3) After considering the recommendation of the committee appointed under clause (a) of sub-section (1) or, as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall by notification fix, or as the case may be, revise the minimum rates of wages and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue: Provided that where the appropriate Government proposes to revise the minimum rates of wages in the manner specified in clause (b) of sub-section (1), it shall also consult concerned Advisory Board constituted under section 42. (4) The appropriate Government shall review or revise minimum rates of wages ordinarily at an interval not exceeding five years. **9. Power of Central Government to fix floor wage.—(1) The Central Government shall fix floor** wage taking into account minimum living standards of a worker in such manner as may be prescribed: Provided that different floor wage may be fixed for different geographical areas. (2) The minimum rates of wages fixed by the appropriate Government under section 6 shall not be less than the floor wage and if the minimum rates of wages fixed by the appropriate Government earlier is more than the floor wage, then, the appropriate Government shall not reduce such minimum rates of wages fixed by it earlier. (3) The Central Government may, before fixing the floor wage under sub-section (1), obtain the advice of the Central Advisory Board constituted under sub-section (1) of section 42 and consult State Governments in such manner as may be prescribed. **10. Wages of employee who works for less than normal working day.—If an employee whose** minimum rate of wages has been fixed under this Code by the day works on any day on which he was employed for a period of less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done on that day, as if he had worked for a full normal working day: Provided that he shall not be entitled to receive wages for a full normal working day, — (i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work; and (ii) in such other cases and circumstances, as may be prescribed. **11. Wages for two or more classes of work.—Where an employee does two or more classes of work** to each of which a different minimum rate of wages is applicable, the employer shall pay to such 8 ----- employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class. **12. Minimum time rate wages for piece work.—Where a person is employed on piece work for** which minimum time rate and not a minimum piece rate has been fixed under this Code, the employer shall pay to such person wages at not less than the minimum time rate. **13. Fixing hours of work for normal working day.—(1) Where the minimum rates of wages have** been fixed under this Code, the appropriate Government may— (a) fix the number of hours of work which shall constitute a normal working day inclusive of one or more specified intervals; (b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest; (c) provide for payment for work on a day of rest at a rate not less than the overtime rate. (2) The provisions of sub-section (1) shall, in relation to the following classes of employees apply, only to such extent and subject to such conditions as may be prescribed, namely:— (a) employees engaged in any emergency which could not have been foreseen or prevented; (b) employees engaged in work of the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned; (c) employees whose employment is essentially intermittent; (d) employees engaged in any work which for technical reasons has to be completed before the duty is over; and (e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces. (3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty normally include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention. **14. Wages for overtime work.—Where an employee whose minimum rate of wages has been fixed** under this Code by the hour, by the day or by such a longer wage-period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess, at the overtime rate which shall not be less than twice the normal rate of wages. CHAPTER III PAYMENT OF WAGES **15. Mode of payment of wages.—All wages shall be paid in current coin or currency notes or by** cheque or by crediting the wages in the bank account of the employee or by the electronic mode: Provided that the appropriate Government may, by notification, specify the industrial or other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages only by cheque or by crediting the wages in his bank account. **16. Fixation of wage period.—The employer shall fix the wage period for employees either as daily** or weekly or fortnightly or monthly subject to the condition that no wage period in respect of any employee shall be more than a month: Provided that different wage periods may be fixed for different establishments. **17. Time limit for payment of wages.—(1) The employer shall pay or cause to be paid wages to the** employees, engaged on— 9 ----- (i) daily basis, at the end of the shift; (ii) weekly basis, on the last working day of the week, that is to say, before the weekly holiday; (iii) fortnightly basis, before the end of the second day after the end of the fortnight; (iv) monthly basis, before the expiry of the seventh day of the succeeding month. (2) Where an employee has been— (i) removed or dismissed from service; or (ii) retrenched or has resigned from service, or became unemployed due to closure of the establishment, the wages payable to him shall be paid within two working days of his removal, dismissal, retrenchment or, as the case may be, his resignation. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the appropriate Government may, provide any other time limit for payment of wages where it considers reasonable having regard to the circumstances under which the wages are to be paid. (4) Nothing contained in sub-section (1) or sub-section (2) shall affect any time limit for payment of wages provided in any other law for the time being in force. **18. Deductions which may be made from wages.—(1) Notwithstanding anything contained in any** other law for the time being in force, there shall be no deductions from the wages of the employee, except those as are authorised under this Code. _Explanation.— For the purposes of this sub-section, —_ (a) any payment made by an employee to the employer or his agent shall be deemed to be a deduction from his wages; (b) any loss of wages to an employee, for a good and sufficient cause, resulting from— (i) the withholding of increment or promotion, including the stoppage of an increment; or (ii) the reduction to a lower post or time-scale; or (iii) the suspension, shall not be deemed to be a deduction from wages in a case where the provisions made by the employer for such purposes are satisfying the requirements specified in the notification issued by the appropriate Government in this behalf. (2) Deductions from the wages of an employee shall be made in accordance with the provisions of this Code, and may be made only for the following purposes, namely:— (a) fines imposed on him; (b) deductions for his absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employee for custody; or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default; (d) deductions for house-accommodation supplied by the employer or by appropriate Government or any housing board set up under any law for the time being in force, whether the Government or such board is the employer or not, or any other authority engaged in the business of subsidising house-accommodation which may be specified in this behalf by the appropriate Government by notification; (e) deductions for such amenities and services supplied by the employer as the appropriate Government or any officer specified by it in this behalf may, by general or special order, authorise and such deduction shall not exceed an amount equivalent to the value of such amenities and services. _Explanation.—For the purposes of this clause, the expression “services” does not include the_ supply of tools and raw materials required for the purposes of employment; (f) deductions for recovery of— 10 ----- (i) advances of whatever nature (including advances for travelling allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of overpayment of wages; (ii) loans made from any fund constituted for the welfare of labour, as may be prescribed by the appropriate Government, and the interest due in respect thereof; (g) deductions for recovery of loans granted for house-building or other purposes approved by the appropriate Government and the interest due in respect thereof; (h) deductions of income-tax or any other statutory levy levied by the Central Government or State Government and payable by the employee or deductions required to be made by order of a court or other authority competent to make such order; (i) deductions for subscription to, and for repayment of advances from any social security fund or scheme constituted by law including provident fund or pension fund or health insurance scheme or fund known by any other name; (j) deductions for payment of co-operative society subject to such conditions as the appropriate Government may impose; (k) deductions made, with the written authorisation of the employee, for payment of the fees and contribution payable by him for the membership of any Trade Union registered under the Trade Unions Act, 1926 (16 of 1926); (l) deductions for recovery of losses sustained by the railway administration on account of acceptance by the employee of counterfeit or base coins or mutilated or forged currency notes; (m) deductions for recovery of losses sustained by the railway administration on account of the failure of the employee to invoice, to bill, to collect or to account for the appropriate charges due to the railway administration whether in respect of fares, freight, demurrage, wharf age and cranage or in respect of sale of food in catering establishments or in respect of commodities in grain shops or otherwise; (n) deductions for recovery of losses sustained by the railway administration on account of any rebates or refunds incorrectly granted by the employee where such loss is directly attributable to his neglect or default; (o) deductions, made with the written authorisation of the employee, for contribution to the Prime Minister's National Relief Fund or to such other fund as the Central Government may, by notification, specify. (3) Notwithstanding anything contained in this Code and subject to the provisions of any other law for the time being in force, the total amount of deductions which may be made under sub-section (2) in any wage period from the wages of an employee shall not exceed fifty per cent. of such wages. (4) Where the total deductions authorised under sub-section (2) exceed fifty per cent. of the wages, the excess may be recovered in such manner, as may be prescribed. (5) Where any deduction is made by the employer from the wages of an employee under this section but not deposited in the account of the trust or Government fund or any other account, as required under the provisions of the law for the time being in force, such employee shall not be held responsible for such default of the employer. **19. Fines.—(1) No fine shall be imposed on any employee save in respect of those acts and omissions** on his part as the employer, with the previous approval of the appropriate Government or of such authority as may be prescribed, may have specified by notice under sub-section (2). (2) A notice specifying such acts and omissions shall be exhibited in such manner as may be prescribed, on the premises in which the employment is carried on. (3) No fine shall be imposed on any employee until such employee has been given an opportunity of showing cause against the fine or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines. 11 ----- (4) The total amount of fine which may be imposed in any one wage-period on any employee shall not exceed an amount equal to three per cent. of the wages payable to him in respect of that wage-period. (5) No fine shall be imposed on any employee who is under the age of fifteen years. (6) No fine imposed on any employee shall be recovered from him by installments or after the expiry of ninety days from the day on which it was imposed. (7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed. (8) All fines and all realisations thereof shall be recorded in a register to be kept in such manner and form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the persons employed in the establishment as are approved by the prescribed authority. **20. Deductions for absence from duty.—(1) Deductions may be made under clause (b) of sub-** section (2) of section 18 only on account of the absence of an employee from the place or places where by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work. (2) The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made in a larger proportion than the period for which he was absent bears to the total period within such wage-period during which by the terms of his employment he was required to work: Provided that, subject to any rules made in this behalf by the appropriate Government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice. _Explanation.— For the purposes of this section, an employee shall be deemed to be absent from the_ place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work. **21. Deductions for damage or loss.—(1) A deduction under clause (c) or clause (n) of sub-section** (2) of section 18 for damage or loss shall not exceed the amount of the damage or loss caused to the employer by negligence or default of the employee. (2) A deduction shall not be made under sub-section (1) until the employee has been given an opportunity of showing cause against the deduction or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions. (3) All such deductions and all realisations thereof shall be recorded in a register to be kept in such form as may be prescribed. **22. Deductions for services rendered.—A deduction under clause (d) or clause (e) of sub-section (2)** of section 18 shall not be made from the wages of an employee, unless the house-accommodation amenity or service has been accepted by him as a term of employment or otherwise and such deduction shall not exceed an amount equivalent to the value of the house-accommodation amenity or service supplied and shall be subject to such conditions as the appropriate Government may impose. **23. Deductions for recovery of advances.—Deductions under clause (f) of sub-section (2) of section** 18 for recovery of advances given to an employee shall be subject to the following conditions, namely:— (a) recovery of advance of money given to an employee before the employment began shall be made from the first payment of wages to him in respect of a complete wage-period but no recovery shall be made of such advances given for travelling expenses; (b) recovery of advance of money given to an employee after the employment began shall be subject to such conditions as may be prescribed; (c) recovery of advances of wages to an employee not already earned shall be subject to such conditions as may be prescribed. 12 ----- **24. Deductions for recovery of loans.—Deductions under clause (g) of sub-section (2) of section 18** for recovery of loans granted to an employee, regulating the extent to which such loans may be granted and the rate of interest payable thereon, shall be such as may be prescribed. **25. Chapter not to apply to Government establishments.—The provisions of this Chapter shall not** apply to the Government establishments unless the appropriate Government, by notification, applies such provisions to the Government establishments specified in the said notification. CHAPTER IV PAYMENT OF BONUS **26. Eligibility for bonus, etc.—(1) There shall be paid to every employee, drawing wages not** exceeding such amount per mensem, as determined by notification, by the appropriate Government, by his employer, who has put in at least thirty days work in an accounting year, an annual minimum bonus calculated at the rate of eight and one-third per cent. of the wages earned by the employee or one hundred rupees, whichever is higher whether or not the employer has any allocable surplus during the previous accounting year. (2) For the purpose of calculation of the bonus where the wages of the employee exceeds such amount per mensem, as determined by notification by the appropriate Government, the bonus payable to such employee under sub-sections (1) and (3) shall be calculated as if his wage were such amount, so determined by the appropriate Government or the minimum wage fixed by the appropriate Government, whichever is higher. (3) Where in respect of any accounting year referred to in sub-section (1), the allocable surplus exceeds the amount of minimum bonus payable to the employees under that sub-section, the employer shall, in lieu of such minimum bonus, be bound to pay to every employee in respect of that accounting year, bonus which shall be an amount in proportion to the wages earned by the employee during the accounting year, subject to a maximum of twenty per cent. of such wages. (4) In computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of section 36 shall be taken into account in accordance with the provisions of that section. (5) Any demand for bonus in excess of the bonus referred to in sub-section (1), either on the basis of production or productivity in an accounting year for which the bonus is payable shall be determined by an agreement or settlement between the employer and the employees, subject to the condition that the total bonus including the annual minimum bonus referred to in sub-section (1) shall not exceed twenty per cent. of the wages earned by the employee in the accounting year. (6) In the first five accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, bonus shall be payable only in respect of the accounting year in which the employer derives profit from such establishment and such bonus shall be calculated in accordance with the provisions of this Code in relation to that year, but without applying the provisions of section 36. (7) For the sixth and seventh accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of section 36 shall apply subject to the following modifications, namely:- (i) for the sixth accounting year set on or set off, as the case may be, shall be made, in the manner as may be prescribed by the Central Government, taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth and sixth accounting years; (ii) for the seventh accounting year set on or set off, as the case may be, shall be made, in the manner as may be prescribed by the Central Government, taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth, sixth and seventh accounting years. (8) From the eighth accounting year following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, 13 ----- the provisions of section 36 shall apply in relation to such establishment as they apply in relation to any other establishment. _Explanation 1.—For the purpose of sub-section (6), an employer shall not be deemed to have derived_ profit in any accounting year, unless— (a) he has made provision for depreciation of that year to which he is entitled under the Income tax Act or, as the case may be, under the agricultural income tax law; and (b) the arrears of such depreciation and losses incurred by him in respect of the establishment for the previous accounting years have been fully set off against his profits. _Explanation 2.—For the purposes of sub-sections (6), (7) and (8), sale of the goods produced or_ manufactured during the course of the trial running of any factory or of the prospecting stage of any mine or an oil-field shall not be taken into consideration and where any question arises with regard to such production or manufacture, the appropriate Government may, after giving the parties a reasonable opportunity of representing the case, decide upon the issue. (9) The provisions of sub-sections (6), (7) and (8) shall, so far as may be, apply to new departments or undertakings or branches set up by existing establishments. **27. Proportionate reduction in bonus in certain cases.—Where an employee has not worked for all** the working days in an accounting year, the minimum bonus under sub-section (1) of section 26, if such bonus is higher than eight and one third per cent. of the salary or wage of the days such employee has worked in that accounting year, shall be proportionately reduced. **28. Computation of number of working days.—For the purposes of section 27, an employee shall** be deemed to have worked in an establishment in any accounting year also on the days on which,— (a) he has been laid off under an agreement or as permitted by standing orders under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment; (b) he has been on leave with salary or wages; (c) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (d) the employee has been on maternity leave with salary or wages, during the accounting year. **29. Disqualification for bonus.—Notwithstanding anything contained in this Code, an employee** shall be disqualified from receiving bonus under this Code, if he is dismissed from service for— (a) fraud; or (b) riotous or violent behaviour while on the premises of the establishment; or (c) theft, misappropriation or sabotage of any property of the establishment; or (d) conviction for sexual harassment. **30. Establishments to include departments, undertakings and branches.—Where an** establishment consists of different departments or undertakings or has branches, whether situated in the same place or in different places, all such departments or undertakings or branches shall be treated as parts of the same establishment for the purpose of computation of bonus under this Code: Provided that where for any accounting year a separate balance sheet and profit and loss account are prepared and maintained in respect of any such department or undertaking or branch, then, such department or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus, under this Code for that year, unless such department or undertaking or branch was, immediately before the commencement of that accounting year treated as part of the establishment for the purpose of computation of bonus. **31. Payment of bonus out of allocable surplus.—(1) The bonus shall be paid out of the allocable** surplus which shall be an amount equal to sixty per cent. in case of a banking company and sixty-seven 14 ----- per cent. in case of other establishment, of the available surplus and the available surplus shall be the amount calculated in accordance with section 33. (2) Audited accounts of companies shall not normally be questioned. (3) Where there is any dispute regarding the quantum of bonus, the authority notified by the appropriate Government having jurisdiction may call upon the employer to produce the balance sheet before it, but the authority shall not disclose any information contained in the balance sheet unless agreed to by the employer. **32. Computation of gross profits.—The gross profits derived by an employer from an establishment** in respect of the accounting year shall,— (a) in the case of a banking company, be calculated in the manner as may be prescribed by the Central Government; (b) in any other case, be calculated in the manner as may be prescribed by the Central Government. **33. Computation of available surplus.—The available surplus in respect of any accounting year** shall be the gross profits for that year after deducting there from the sums referred to in section 34: Provided that the available surplus in respect of the accounting year commencing on any day in a year after the commencement of this Code and in respect of every subsequent accounting year shall be the aggregate of— (a) the gross profits for that accounting year after deducting there from the sums referred to in section 34; and (b) an amount equal to the difference between— (i) the direct tax, calculated in accordance with the provisions of section 35, in respect of an amount equal to the gross profits of the employer for the immediately preceding accounting year; and (ii) the direct tax, calculated in accordance with provisions of section 35, in respect of an amount equal to the gross profits of the employer for such preceding accounting year after deducting there from the amount of bonus which the employer has paid or is liable to pay to his employees in accordance with the provisions of this Code for that year. **34. Sums deductible from gross profits.—The following sums shall be deducted from the gross** profits as prior charges, namely:— (a) any amount by way of depreciation admissible in accordance with the provisions of sub section (1) of section 32 of the Income-tax Act or in accordance with the provisions of the agricultural income-tax law, for the time being in force, as the case may be; (b) subject to the provisions of section 35, any direct tax which the employer is liable to pay for the accounting year in respect of his income, profits and gains during that year; (c) such further sums in respect of the employer as may be prescribed by the Central Government. **35. Calculation of direct tax payable by employer.—For the purposes of this Code, any direct tax** payable by the employer for any accounting year shall, subject to the following provisions, be calculated at the rates applicable to the income of the employer for that year, namely:— (a) in calculating such tax no account shall be taken of,— (i) any loss incurred by the employer in respect of any previous accounting year and carried forward under any law for the time being in force relating to direct taxes; (ii) any arrears of depreciation which the employer is entitled to add to the amount of the allowance for depreciation for any succeeding accounting year or years under sub-section (2) of section 32 of the Income-tax Act; 15 ----- (b) where the employer is a religious or a charitable institution to which the provisions of section 41 do not apply and the whole or any part of its income is exempt from the tax under the Income-tax Act, then, with respect to the income so exempted, such institution shall be treated as if it were a company in which the public are substantially interested within the meaning of that Act; (c) where the employer is an individual or a Hindu undivided family, the tax payable by such employer under the Income-tax Act shall be calculated on the basis that the income derived by him from the establishment is his only income; (d) where the income of any employer includes any profits and gains derived from the export of any goods or merchandise out of India and any rebate on such income is allowed under any law for the time being in force relating to direct taxes, then, no account shall be taken of such rebate; (e) no account shall be taken of any rebate other than development rebate or investment allowance or development allowance or credit or relief or deduction (not hereinbefore mentioned in this section) in the payment of any direct tax allowed under any law for the time being in force relating to direct taxes or under the relevant annual Finance Act, for the development of any industry. **36. Set on and set off of allocable surplus.—(1) Where for any accounting year, the allocable** surplus exceeds the amount of maximum bonus payable to the employees in the establishment under section 26, then, the excess shall, subject to a limit of twenty per cent. of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year to be utilised for the purpose of payment of bonus in such manner as may be prescribed by the Central Government. (2) Where for any accounting year, there is no available surplus or the allocable surplus in respect of that year falls short of the amount of minimum bonus payable to the employees in the establishment under section 26, and there is no amount or sufficient amount carried forward and set on under sub-section (1) which could be utilised for the purpose of payment of the minimum bonus, then, such minimum amount or the deficiency, as the case may be, shall be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year in such manner as may be prescribed by the Central Government. (3) The principle of set on and set off as may be provided in rules by the Central Government under this Code shall apply to all other cases not covered by sub-section (1) or sub-section (2) for the purpose of payment of bonus under this Code. (4) Where in any accounting year any amount has been carried forward and set on or set off under this section, then, in calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account. **37. Adjustment of customary or interim bonus against bonus payable under this Code.—Where** in any accounting year,— (a) an employer has paid any puja bonus or other customary bonus to employee; or (b) an employer has paid a part of the bonus payable under this Code to an employee before the date on which such bonus becomes payable, then, the employer shall be entitled to deduct the amount of bonus so paid from the amount of bonus payable by him to the employee under this Code in respect of that accounting year and the employee shall be entitled to receive only the balance. **38. Deduction of certain amounts from bonus payable.—Where in any accounting year, an** employee is found guilty of misconduct causing financial loss to the employer, then, it shall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employee under this Code in respect of that accounting year only and the employee shall be entitled to receive the balance, if any. **39 .Time limit for payment of bonus.—(1) All amounts payable to an employee by way of bonus** under this Code shall be paid by crediting it in the bank account of the employee by his employer within a period of eight months from the close of the accounting year: 16 ----- Provided that the appropriate Government or such authority as the appropriate Government may specify in this behalf may, upon an application made to it by the employer and for sufficient reasons, by order, extend the said period of eight months to such further period or periods as it thinks fit; so, however, that the total period so extended shall not in any case exceed two years. (2) Notwithstanding anything contained in sub-section (1), where there is a dispute regarding payment of bonus pending before any authority, such bonus shall be paid, within a period of one month from the date on which the award becomes enforceable or the settlement comes into operation, in respect of such dispute: Provided that if, there is a dispute for payment at the higher rate, the employer shall pay eight and one-third per cent. of the wages earned by the employee as per the provisions of this Code within a period of eight months from the close of the accounting year. **40. Application of this Chapter to establishments in public sector in certain cases.—(1) If in any** accounting year an establishment in public sector sells any goods produced or manufactured by it or renders any services, in competition with an establishment in private sector, and the income from such sale or services or both, is not less than twenty per cent. of the gross income of the establishment in public sector for that year, then, the provisions of this Chapter shall apply in relation to such establishment in public sector as they apply in relation to a like establishment in private sector. (2) Save as otherwise provided in sub-section (1), nothing in this Chapter shall apply to the employees employed by any establishment in public sector. **41. Non-applicability of this Chapter.—(1) Nothing in this Chapter shall apply to—** (a) employees employed by the Life Insurance Corporation of India; (b) seamen as defined in clause (42) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958); (c) employees registered or listed under any scheme made under the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), and employed by registered or listed employers; (d) employees employed by an establishment under the authority of any department of the Central Government or a State Government or a local authority; (e) employees employed by— (i) the Indian Red Cross Society or any other institution of a like nature including its branches; (ii) universities and other educational institutions; (iii) institutions including hospitals, chamber of commerce and social welfare institutions established not for purposes of profit; (f) employees employed by the Reserve Bank of India; (g) employees employed by public sector financial institution other than a banking company, which the Central Government may, by notification, specify, having regard to— (i) its capital structure; (ii) its objectives and the nature of its activities; (iii) the nature and extent of financial assistance or any concession given to it by the Government; and (iv) any other relevant factor; (h) employees employed by inland water transport establishments operating on routes passing through any other country; and (i) employees of any other establishment which the appropriate Government may, by notification, exempt having regard to the overall benefits under any other scheme of profit sharing available in such establishments to the employees. 17 ----- (2) Subject to the provisions of sub-section (1) and notwithstanding anything contained in any other provisions of this Chapter, the provisions of this Chapter shall apply to such establishment in which twenty or more persons are employed or were employed on any day during an accounting year. CHAPTER V ADVISORY BOARD **42. Central Advisory Board and State Advisory Boards.—(1) The Central Government shall** constitute the Central Advisory Board which shall consist of persons to be nominated by the Central Government— (a) representing employers; (b) representing employees which shall be equal in number of the members specified in clause (a); (c) independent persons, not exceeding one-third of the total members of the Board; and (d) five representatives of such State Governments as may be nominated by the Central Government. (2) One-third of the members referred to in sub-section (1) shall be women and a member specified in clause (c) of the said sub-section shall be appointed by the Central Government as the Chairperson of the Board. (3) The Central Advisory Board constituted under sub-section (1) shall from time to time advise the Central Government on reference of issues relating to— (a) fixation or revision of minimum wages and other connected matters; (b) providing increasing employment opportunities for women; (c) the extent to which women may be employed in such establishments or employments as the Central Government may, by notification, specify in this behalf; and (d) any other matter relating to this Code, and on such advice, the Central Government may issue directions to the State Government as it deems fit in respect of matters relating to issues referred to the Board. (4) Every State Government shall constitute a State Advisory Board for advising the State Government— (a) in fixation or revision of minimum wages and other connected matters; (b) for the purpose of providing increasing employment opportunities for women; (c) with regard to the extent to which women may be employed in such establishments or employments as the State Government may, by notification, specify in this behalf; and (d) in any other matter relating to this Code, which the State Government may refer from time to time to the Board. (5) The State Advisory Board may constitute one or more committees or sub-committees to look into issues pertaining to matters specified in clauses (a) to (d) of sub-section (4). (6) The State Advisory Board and each of the committees and sub-committees thereof shall consist of persons.— (a) representing employers; (b) representing employees which shall be equal in number of the members specified in clause (a); and (c) independent persons, not exceeding one-third of the total members of the Board or committee or sub-committee, as the case may be. (7) One-third of the members referred to in sub-section (6) shall be women and one among the members specified in clause (c) of the said sub-section shall be— 18 ----- (a) appointed by the State Government as the Chairperson of the Board; (b) appointed by the State Advisory Board as the Chairperson of the committee or sub committee, as the case may be. (8) In tendering its advice in the matters specified in clause (b) or clause (c) of sub-section (4), the State Advisory Board shall have regard to the number of women employed in the concerned establishment, or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including part time employment, and such other relevant factors as the Board may think fit. _(9) The State Government may, after considering the advice tendered to it by the State Advisory_ Board and after inviting and considering the representations from establishment or employees or any other person which that Government thinks fit, issue such direction as may be deemed necessary. (10) The Central Advisory Board referred to in sub-section (1) and the State Advisory Board referred to in sub-section (4) shall respectively regulate their own procedure including that of the committees and sub-committees constituted by the State Advisory Board, in such manner as may be prescribed. (11) The terms of office of the Central Advisory Board referred to in sub-section (1) and the State Advisory Board referred to in sub-section (4) including that of the committees and sub-committees constituted by the State Advisory Board, shall be such as may be prescribed. CHAPTER VI PAYMENT OF DUES, CLAIMS AND AUDIT **43. Responsibility for payment of various dues.—Every employer shall pay all amounts required to** be paid under this Code to every employee employed by him: Provided that where such employer fails to make such payment in accordance with this Code, then, the company or firm or association or any other person who is the proprietor of the establishment, in which the employee is employed, shall be responsible for such payment. _Explanation.—For the purposes of this section the expression “firm” shall have the same meaning as_ assigned to it in the Indian Partnership Act, 1932 (9 of 1932). **44. Payment of various undisbursed dues in case of death of employee.—(1) Subject to the other** provisions of this Code, all amounts payable to an employee under this Code shall, if such amounts could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known,— (a) be paid to the person nominated by him in this behalf in accordance with the rules made under this Code; or (b) where no such nomination has been made or where for any reasons such amounts cannot be paid to the person so nominated, be deposited with the such authority, as may be prescribed, who shall deal with the amounts so deposited in the manner as may be prescribed. (2) Where in accordance with the provisions of sub-section (1), all amounts payable to an employee under this Code— (a) are paid by the employer to the person nominated by the employee; or (b) are deposited by the employer with the authority referred to in clause (b) of sub-section (1), then, the employer shall be discharged of his liability to pay those amounts. **45. Claims under Code and procedure thereof.—(1) The appropriate Government may, by** notification, appoint one or more authorities, not below the rank of a Gazetted Officer, to hear and determine the claims which arises under the provisions of this Code. (2) The authority appointed under sub-section (1), while deciding the claim under that sub-section, may order, having regard to the circumstances under which the claim arises, the payment of compensation in addition to the claim determined, which may extend to ten times of the claim determined and endeavour shall be made by the authority to decide the claim within a period of three months. 19 ----- (3) If an employer fails to pay the claim determined and compensation ordered to be paid under sub section (2), the authority shall issue a certificate of recovery to the Collector or District Magistrate of the district where the establishment is located who shall recover the same as arrears of land revenue and remit the same to the authority for payment to the concerned employee. (4) Any application before the authority for claim referred to in sub-section (1) may be filed by,— (a) the employee concerned; or (b) any Trade Union registered under the Trade Unions Act, 1926 (16 of 1926) of which the employee is a member; or (c) the Inspector-cum-Facilitator. (5) Subject to such rules as may be made, a single application may be filed under this section on behalf or in respect of any number of employees employed in an establishment. (6) The application under sub-section (4) may be filed within a period of three years from the date on which claims referred to in sub-section (1) arises: Provided that the authority referred to in sub-section (1) may, entertain the application after three years on sufficient cause being shown by the applicant for such delay. (7) The authority appointed under sub-section (1) and the appellate authority appointed under sub section (1) of section 49, shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority or appellate authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). **46. Reference of disputes under this Code.—Notwithstanding anything contained in this Code,** where any dispute arises between an employer and his employees with respect to— (a) fixation of bonus or eligibility for payment of bonus under the provisions of this Code; or (b) the application of this Code, in respect of bonus, to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute within the meaning of the Industrial Disputes Act, 1947 (14 of 1947). **47. Presumption about accuracy of balance sheet and profit and loss account of corporations** **and companies.—(1) Where, during the course of proceedings before—** (a) the authority under section 45; or (b) the appellate authority under section 49; or (c) a Tribunal; or (d) an arbitrator referred to in clause (aa) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), in respect of any dispute of the nature specified in sections 45 and 46 or in respect of an appeal under section 49, the balance sheet and the profit and loss account of an employer, being a corporation or a company (other than a banking company), duly audited by the Comptroller and Auditor-General of India or by auditors duly qualified to act as auditors of companies under section 141 of the Companies Act, 2013 (18 of 2013), are produced before it, then, the said authority, appellate authority, Tribunal or arbitrator, as the case may be, may presume the statements and particulars contained in such balance sheet and profit and loss account to be accurate and it shall not be necessary for the corporation or the company to prove the accuracy of such statements and particulars by the filing of an affidavit or by any other mode: Provided that where the said authority, appellate authority, Tribunal or arbitrator, as the case may be, is satisfied that the statements and particulars contained in the balance sheet or the profit and loss account of the corporation or the company are not accurate, it may take such steps as it thinks necessary to find out the accuracy of such statements and particulars. 20 ----- (2) When an application is made to the authority, appellate authority, Tribunal or arbitrator, as the case may be, referred to in sub-section (1), by any Trade Union being a party to the dispute or as the case may be, an appeal, and where there is no Trade Union, by the employees being a party to the dispute, or as the case may be, an appeal, requiring any clarification relating to any item in the balance sheet or the profit and loss account, then such authority, appellate authority, Tribunal or arbitrator, may, after satisfying itself that such clarification is necessary, by order, direct the corporation or, as the case may be, the company, to furnish to the Trade Union or the employees such clarification within such time as may be specified in the direction and the corporation or, as the case may be, the company, shall comply with such direction. **48. Audit of account of employers not being corporations or companies.—(1) Where any claim,** dispute or appeal with respect to bonus payable under this Code between an employer, not being a corporation or a company, and his employees is pending before any authority, appellate authority, Tribunal or arbitrator, as the case may be, as referred to in sub-section (1) of section 47 and the accounts of such employer audited by any auditor duly qualified to act as auditor of companies under the provisions of section 141 of the Companies Act, 2013 (18 of 2013), are produced before such authority, appellate authority, Tribunal or arbitrator, then the provisions of section 47 shall, so far as may be, apply to the accounts so audited. (2) When the authority, appellate authority, Tribunal or arbitrator, referred to in sub-section (1), as the case may be, finds that the accounts of such employer have not been audited by any such auditor and it is of opinion that an audit of the accounts of such employer is necessary for deciding the question referred to it, then, such authority, appellate authority, Tribunal or arbitrator, may, by order, direct the employer to get his accounts audited within such time as may be specified in the direction or within such further time as it may allow by such auditor or auditors as it thinks fit and thereupon the employer shall comply with such direction. (3) Where an employer fails to get the accounts audited under sub-section (2), the authority, appellate authority, Tribunal or arbitrator, referred to in sub-section (1), as the case may be, may, without prejudice to the provisions of section 54, get the accounts audited by such auditor or auditors as it thinks fit. (4) When the accounts are audited under sub-section (2) or sub-section (3), the provisions of section 47 shall, so far as may be, apply to the accounts so audited. (5) The expenses of, and incidental to, any audit under sub-section (3) including the remuneration of the auditor or auditors shall be determined by the authority, appellate authority, Tribunal or arbitrator, referred to in sub-section (1), as the case may be, and paid by the employer and in default of such payment shall be recoverable by the authority referred to in sub-section (3) of section 45 from the employer in the manner provided in that sub-section. **49. Appeal.—(1) Any person aggrieved by an order passed by the authority under sub-section (2) of** section 45 may prefer an appeal, to the appellate authority having jurisdiction appointed by the appropriate Government, by notification, for such purpose, within ninety days from the date of such order, in such form and manner as may be prescribed: Provided that the appellate authority may entertain the appeal after ninety days if it satisfied that the delay in filing the appeal has occurred due to sufficient cause. (2) The appellate authority shall be appointed from the officers of the appropriate Government holding the post at least one rank higher than the authority referred under sub-section (1) of section 45. (3) The appellate authority shall, after hearing the parties in the appeal, dispose of the appeal and endeavour shall be made to dispose of the appeal within a period of three months. (4) The outstanding dues under the orders of the appellate authority shall be recovered by the authority referred to in section 45, by issuing the certificate of recovery in the manner specified in subsection (3) of that section. **50. Records, returns and notices.—(1) Every employer of an establishment to which this Code** applies shall maintain a register containing the details with regard to persons employed, muster roll, wages and such other details in such manner as may be prescribed. 21 ----- (2) Every employer shall display a notice on the notice board at a prominent place of the establishment containing the abstract of this Code, category-wise wage rates of employees, wage period, day or date and time of payment of wages, and the name and address of the Inspector-cum-Facilitator having jurisdiction. (3) Every employer shall issue wage slips to the employees in such form and manner as may be prescribed. (4) The provisions of sub-sections (1) to (3) shall not apply in respect of the employer to the extent he employs not more than five persons for agriculture or domestic purpose: Provided that such employer, when demanded, shall produce before the Inspector-cum-Facilitator, the reasonable proof of the payment of wages to the persons so employed. _Explanation.—For the purposes of this sub-section, the expression “domestic purpose” means the_ purpose exclusively relating to the home or family affairs of the employer and does not include any affair relating to any establishment, industry, trade, business, manufacture or occupation. CHAPTER VII INSPECTORY-CUM-FACILITATOR **51. Appointment of Inspector-cum-Facilitators and their powers.—(1) The appropriate** Government may, by notification, appoint Inspector-cum-Facilitators for the purposes of this Code who shall exercise the powers conferred on them under sub-section (4) throughout the State or such geographical limits assigned in relation to one or more establishments situated in such State or geographical limits or in one or more establishments, irrespective of geographical limits, assigned to him by the appropriate Government, as the case may be. (2) The appropriate Government may, by notification, lay down an inspection scheme which may also provide for generation of a web-based inspection and calling of information relating to the inspection under this Code electronically. (3) Without prejudice to the provisions of sub-section (2), the appropriate Government may, by notification, confer such jurisdiction of randomised selection of inspection for the purposes of this Code to the Inspector-cum-Facilitator as may be specified in such notification. (4) Every Inspector-cum-Facilitator appointed under sub-section (1) shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). (5) The Inspector-cum-Facilitator may— (a) advice to employers and workers relating to compliance with the provisions of this Code (45 of 1860); (b) inspect the establishments as assigned to him by the appropriate Government, subject to the instructions or guidelines issued by the appropriate Government from time to time. (6) Subject to the provisions of sub-section (4), the Inspector-cum-Facilitator may,— (a) examine any person who is found in any premises of the establishment, whom the Inspector cum-Facilitator has reasonable cause to believe, is a worker of the establishment; (b) require any person to give any information, which is in his power to give with respect to the names and addresses of the persons; (c) search, seize or take copies of such register, record of wages or notices or portions thereof as the Inspector-cum-Facilitator may consider relevant in respect of an offence under this Code and which the Inspector-cum-Facilitator has reason to believe has been committed by the employer; (d) bring to the notice of the appropriate Government defects or abuses not covered by any law for the time being in force; and (e) exercise such other powers as may be prescribed. 22 ----- (7) Any person required to produce any document or to give any information required by a Inspector cum-Facilitator under sub-section (5) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code. (8) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to the search or seizure under sub-section (5) as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said Code. CHAPTER VIII OFFENCES AND PENALTIES **52. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under** this Code, save on a complaint made by or under the authority of the appropriate Government or an officer authorised in this behalf, or by an employee or a registered Trade Union registered under the Trade Unions Act, 1926 (16 of 1926) or an Inspector-cum-Facilitator. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try the offences under this Code. **53. Power of officers of appropriate Government to impose penalty in certain cases.—(1)** Notwithstanding anything contained in section 52, for the purpose of imposing penalty under clauses (a) and (c) of sub-section (1) and sub-section (2) of section 54 and sub-section (7) of section 56, the appropriate Government may appoint any officer not below the rank of Under Secretary to the Government of India or an officer of equivalent rank in the State Government, as the case may be, for holding enquiry in such manner, as may be prescribed by the Central Government. (2) While holding the enquiry, the officer referred to in sub-section (1) shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of such officer, may be useful for or relevant to the subject matter of the enquiry and if, on such enquiry, he is satisfied that the person has committed any offence under the provisions referred to in sub-section (1), he may impose such penalty as he thinks fit in accordance with such provisions. **54. Penalties for offences.—(1) Any employer who—** (a) pays to any employee less than the amount due to such employee under the provisions of this Code shall be punishable with fine which may extend to fifty thousand rupees; (b) having been convicted of an offence under clause (a) is again found guilty of similar offence under this clause, within five years from the date of the commission of the first or subsequent offence, he shall, on the second and the subsequent commission of the offence, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one lakh rupees, or with both; (c) contravenes any other provision of this Code or any rule made or order made or issued there under shall be punishable with fine which may extend to twenty thousand rupees; (d) having been convicted of an offence under clause (c) is again found guilty of similar offence under this clause, within five years from the date of the commission of the first or subsequent offence, he shall, on the second and the subsequent commission of the offence under this clause, be punishable with imprisonment for a term which may extend to one month or with fine which may extend to forty thousand rupees, or with both. (2) Notwithstanding anything contained in sub-section (1), for the offences of non-maintenance or improper maintenance of records in the establishment, the employer shall be punishable with fine which may extend to ten thousand rupees. (3) Notwithstanding anything contained in clause (c) of sub-section (1) or sub-section (2), the Inspector-cum-Facilitator shall, before initiation of prosecution proceeding for the offences under the said clause or sub-section, give an opportunity to the employer to comply with the provisions of this Code by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, the Inspector-cum-Facilitator shall not initiate such 23 ----- prosecution proceeding and, no such opportunity shall be accorded to an employer, if the violation of the same nature of the provisions under this Code is repeated within a period of five years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with the provisions of this Code. **55. Offences by companies.—(1) If the person committing an offence under this Code is a company,** every person who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Code has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means anybody corporate and includes— (i) a firm; or (ii) a limited liability partnership registered under the Limited Liability Partnership Act, 2008 (6 of 2009); or (iii) other association of individuals; and (b) “director” in relation to a firm means a partner in the firm. **56. Composition of offences.—(1) Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), any offence punishable under this Code, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted Officer, as the appropriate Government may, by notification, specify, for a sum of fifty per cent. of the maximum fine provided for such offence, in the manner as may be prescribed. (2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date— (i) of commission of a similar offence which was earlier compounded; (ii) of commission of similar offence for which such person was earlier convicted. (3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the appropriate Government. (4) Every application for the compounding of an offence shall be made in such manner as may be prescribed. (5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. (6) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing, to the notice of the court in which the prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged. (7) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to such fine. 24 ----- (8) No offence punishable under the provisions of this Code shall be compounded except under and in accordance with the provisions of this section. CHAPTER X MISCELLANEOUS **57. Bar of suits.—No court shall entertain any suit for the recovery of minimum wages, any** deduction from wages, discrimination in wages and payment of bonus, in so far as the sum so claimed— (a) forms the subject of claims under section 45; (b) has formed the subject of a direction under this Code; (c) has been adjudged in any proceeding under this Code; (d) could have been recovered under this Code. **58. Protection of action taken in good faith.—No suit, prosecution or any other legal proceeding** shall lie against the appropriate Government or any officer of that Government for anything which is in good faith done or intended to be done under this Code. **59. Burden of proof.—Where a claim has been filed on account of non-payment of remuneration or** bonus or less payment of wages or bonus or on account of making deductions not authorised by this Code from the wages of an employee, the burden to prove that the said dues have been paid shall be on the employer. **60. Contracting out.—Any contract or agreement whereby an employee relinquishes the right to any** amount or the right to bonus due to him under this Code shall be null and void in so far as it purports to remove or reduce the liability of any person to pay such amount under this Code. **61. Effect of laws agreements, etc., inconsistent with this Code.—The provisions of this Code shall** have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, settlement or contract of service. **62. Delegation of powers.—The appropriate Government may, by notification, direct that any power** exercisable by it under this Code shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be also exercisable— (a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; (b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification. **63. Exemption of employer from liability in certain cases.—Where an employer is charged with an** offence under this Code, he shall be entitled upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court— (a) that he has used due diligence to enforce the execution of this Code; and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged from any liability under this Code in respect of such offence: Provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to cross-examination by or on behalf of the person whom the employer charges as the actual offender and by the prosecution. **64. Protection against attachments of assets of employer with Government.—Any amount** deposited with the appropriate Government by an employer to secure the due performance of a contract with that Government and any other amount due to such employer from that Government in respect of 25 ----- such contract shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the employer other than any debt or liability incurred by the employer towards any employee employed in connection with the contract aforesaid. **65. Power of Central Government to give directions.—The Central Government may, for carrying** into execution of the provisions of this Code in the State give directions to the State Government, and the State Government shall abide by such directions. **66. Saving.—Nothing contained in this Code shall be deemed to affect the provisions of the Mahatma** Gandhi National Rural Employment Guarantee Act, 2005 (42 of 2005) and the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or of any scheme made there under. **67. Power of appropriate Government to make rules.—(1) The appropriate Government may,** subject to the condition of previous publication, make rules for carrying out the provisions of this Code. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of calculating the wages under sub-section (4) of section 6; (b) the arduousness of work to be taken into account in addition to minimum rate of wages for certain category of workers under clause (b) of sub-section (6) of section 6; (c) the norms under clause (c) of sub-section (6) of section 6; (d) the cases and circumstances in which an employee employed for a period of less than the requisite number of hours shall not be entitled to receive wages for a full normal working day, under section 10; (e) the extent and conditions, which shall apply in relation to certain classes of employees under sub-section (2) of section 13; (f) the longer wage period for fixation of minimum rate of wages as referred to in section 14; (g) the manner of deducting loans made from any fund constituted for the welfare of labour under sub-clause (ii) of clause (f) of sub-section (2) of section 18; (h) the manner of recovery of excess of amount under sub-section (4) of section 18; (i) the authority to provide approval for imposition of fine under sub-section (1) of section 19; (j) the manner of exhibition of the acts and omissions to be specified in the notice under sub section (2) of section 19; (k) the procedure for the imposition of fines under sub-section (3) of section 19; (l) the form of the register to record all fines and all realisations thereof under sub-section (8) of section 19; (m) the procedure for making deductions for absence from duty under sub-section (2) of section 20; (n) the procedure for making deductions for damage or loss under sub-section (2) of section 21; (o) the form of the register to record all deductions and all realisations thereof under sub-section (3) of section 21; (p) conditions for recovery of advance of money given to an employee after the employment began under clause (b) of section 23; (q) conditions for recovery of advances of wages to an employee not already earned under clause (c) of section 23; (r) deductions for recovery of loans and the rate of interest payable thereon under section 24; (s) the manner of regulating the procedure by the Central Advisory Board and the State Advisory Board, including that of the committees and sub-committees constituted by the State Advisory Board, under sub-section (10) of section 42; 26 ----- (t) the terms of office of members of the Central Advisory Board, the State Advisory Board, including that of the committees and sub-committees constituted by the State Advisory Board, under sub-section (11) of section 42; (u) the authority and manner of depositing with such authority, various undisbursed dues under clause (b) of sub-section (1) of section 44; (v) the form of single application in respect of a number of employees under sub-section (5) of section 45; (w) the form for making an appeal to the appellate authority under sub-section (1) of section 49; (x) the manner of maintenance of a register by the employer under sub-section (1) of section 50; (y) the form and manner of issuing wage slips under sub-section (3) of section 50; (z) the other powers to be exercised by the Inspector-cum-Facilitator under sub-section (5) of section 51; (za) the manner of imposing fine under sub-section (1) of section 56; (zb) the manner of composition of offence by a Gazetted Officer specified under sub-section (4) of section 56; (zc) any other matter which is required to be, or may be, prescribed under the provisions of this Code. (3) The Central Government may, subject to the condition of previous publication, make rules for,— (a) the manner of fixing floor wage under sub-section (1) of section 9; (b) the manner of consultation with State Government under sub-section (3) of section 9; (c) the manner of making set on or set off for the sixth accounting year under clause _(i) of sub-_ section (7) of section 26; (d) the manner of making set on or set off for the seventh accounting year under clause (ii) of sub-section (7) of section 26; (e) the manner of calculating gross profit under clauses (a) and (b) of section 32; (f) such further sums in respect of employer under clause (c) of section 34; (g) the manner of utilising the excess of allocable surplus to be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year under subsection (1) of section 36; (h) the manner of utilising the minimum amount or the deficiency to be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year under sub-section (2) of section 36; and (i) the manner of holding an enquiry under sub-section (1) of section 53. (4) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions as aforesaid, both Houses agree in making any modification in the rule or both Houses agree that rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or amendment shall be without prejudice to the validity of anything previously done under that rule. (5) Every rule made by the State Government under this section shall, as soon as possible after it is made, be laid before the State Legislature. **68. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Code, the Central Government may, by order published in the Official Gazette, make such provisions 27 ----- not inconsistent with the provisions of this Code, as may appear to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of three years from the commencement of this Code. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **69. Repeal and savings.—(1) The Payment of Wages Act, 1936 (4 of 1936), the Minimum Wages** Act, 1948 (11 of 1948), the Payment of Bonus Act, 1965 (21 of 1965) and the Equal Remuneration Act, 1976 (25 of 1976) are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the enactments so repealed including any notification, nomination, appointment, order or direction made there under or any amount of wages provided in any provision of such enactments for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this Code and shall be in force to the extent they are not contrary to the provisions of this Code till they are repealed under the corresponding provisions of this Code or by the notification to that effect by the Central Government. (3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such enactments. 28 -----

9-Aug-2019

34

The Jammu and Kashmir Reorganisation Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/12030/7/a2019-34.pdf

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# THE JAMMU AND KASHMIR REORGANISATION ACT, 2019 _______ ARRANGEMENT OF SECTIONS ________ PART I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. PART II REORGANISATION OF THE STATE OF JAMMU AND KASHMIR 3. Formation of Union territory of Ladakh without Legislature. 4. Formation of Union territory of Jammu and Kashmir with Legislature. 5. Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor. 6. Amendment of First Schedule to the Constitution. 7. Saving powers of the Government of Union territory of Jammu and Kashmir. PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ 8. Amendment of Fourth Schedule to Constitution. 9. Allocation of sitting members. _The House of the People_ 10. Representation in House of the People. 11. Delimitation of Parliamentary Constituencies Order, 1976. 12. Provision as to sitting members. _The Lieutenant Governor and The Legislative Assembly of_ _Union territory of Jammu and Kashmir_ 13. Applicability of article 239A of Constitution. 14. Legislative Assembly for the Union Territory of Jammu and Kashmir and its composition. 15. Representation of women. 15A. Nomination of Kashmiri Migrants. 15B. Nomination of displaced persons. 16. Qualification for membership of Legislative Assembly. 17. Duration of Legislative Assembly. 18. Sessions of Legislative Assembly, prorogation and dissolution. 19. Speaker and Deputy Speaker of Legislative Assembly. 20. Speaker or Deputy Speaker not to preside while a resolution for his removal from office is under consideration. 21. Special address by Lieutenant Governor to Legislative Assembly. 22. Rights of Ministers and Advocate General as respects Legislative Assembly. 1 ----- SECTIONS 23. Rights of Lieutenant Governor to address and send messages to the Legislative Assembly. 24. Oath or affirmation by members. 25. Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum. 26. Vacation of seats. 27. Disqualifications for membership. 28. Disqualification on ground of defection for being a member. 29. Penalty for sitting and voting before making oath or affirmation or when not qualified or when disqualified. 30. Powers, privileges, etc., of members. 31. Salaries and allowances of members. 32. Extent of legislative power. 33. Exemption of property of the Union from taxation. 34. Restrictions on laws passed by Legislative Assembly with respect to certain matters. 35. Inconsistency between laws made by Parliament and laws made by Legislative Assembly. 36. Special provisions as to financial Bills. 37. Procedure as to lapsing of Bills. 38. Assent to Bills. 39. Bills reserved for consideration. 40. Requirements as to sanction and recommendations to be regarded as matters of procedure only. 41. Annual financial statement. 42. Procedure in Legislative Assembly with respect to estimates. 43. Appropriation Bills. 44. Supplementary, additional or excess grants. 45. Votes on account. 46. Rules of procedure. 47. Official language or languages of Union territory of Jammu and Kashmir and language or languages to be used in Legislative Assembly thereof. 48. Language to be used for Acts, Bills, etc. 49. Restriction on discussion in the Legislative Assembly. 50. Courts not to inquire into proceedings of Legislative Assembly. 51. Secretariat of the Legislative Assembly. 52. Power of Lieutenant Governor to promulgate Ordinances during recess of Legislative Assembly. _Council of Ministers for the Union territory of Jammu and Kashmir_ 53. Council of Ministers. 54. Other provisions as to Ministers. 55. Conduct of business. 2 ----- SECTIONS 56. Duties of Chief Minister as respects the furnishing of information to the Lieutenant Governor, etc. _Legislative Council_ 57. Abolition of Legislative Council of the State of Jammu and Kashmir. PART IV ADMINISTRATION OF UNION TERRITORY OF LADAKH 58. Appointment of Lieutenant Governor of Union territory of Ladakh. PART V DELIMITATION OF CONSTITUENCIES 59. Definitions. 60. Delimitation of constituencies. 61. Power of Election Commission to maintain Delimitation Orders up-to date. 62. Special provision as to readjustment of Parliamentary and Assembly Constituencies on the basis of 2011 census. 63. Special provisions as to readjustment of Assembly and Parliamentary Constituencies. 64. Procedure as to delimitation. PART VI SCHEDULED CASTES AND SCHEDULED TRIBES 65. Applicability of Scheduled Castes Order. 66. Applicability of Scheduled Tribes Order. PART VII MISCELLANEOUS AND TRANSITIONAL PROVISIONS 67. Consolidated Fund of the Union territory of Jammu and Kashmir. 68. Public Account of the Union territory of Jammu and Kashmir and moneys credited to it. 69. Contingency Fund of Union territory of Jammu and Kashmir. 70. Borrowing upon the security of Consolidated Fund of Union territory of Jammu and Kashmir. 71. Form of accounts of the Union territory of Jammu and Kashmir. 72. Audit reports. 73. Provision in case of failure of constitutional machinery. 74. Authorisation of expenditure by President. PART VIII HIGH COURT 75. High Court of Jammu and Kashmir to be common High Court. 76. Special provision relating to Bar Council and advocates. 77. Practice and procedure in common High Court of Jammu and Kashmir. 78. Savings. ----- PART IX ADVOCATE-GENERAL OF UNION TERRITORY OF JAMMU AND KASHMIR SECTIONS 79. Advocate General for Union territory of Jammu and Kashmir. PART X AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 80. Authorisation of expenditure of Union territory of Jammu and Kashmir. 81. Authorisation of expenditure of Union territory of Ladakh. 82. Reports relating to accounts of Jammu and Kashmir State. 83. Distribution of revenue. PART XI APPORTIONMENT OF ASSETS AND LIABILITIES 84. Application of this Part. PART XII PROVISIONS AS TO CERTAIN CORPORATIONS AND ANY OTHER MATTERS 85. Advisory Committee(s). 86. Temporary provisions as to continuance of certain existing road transport permits. 87. Special provision as to income-tax. PART XIII PROVISIONS AS TO SERVICES 88. Provisions relating to All India Services. 89. Provisions relating to other services. 90. Other provisions relating to services. 91. Provisions as to continuance of officers in same post. 92. Provision for employees of Public Sector Undertakings, etc. 93. Provisions as to State Public Service Commission. PART XIV LEGAL AND MISCELLANEOUS PROVISIONS 94. Amendment of section 15 of Act 37 of 1956. 95. Territorial extent of laws. 96. Power to adapt laws. 97. Power to construe laws. 98. Power to name authorities, etc., for exercising statutory functions. 99. Legal proceedings. 100. Transfer of pending proceedings. 101. Right of pleaders to practise in certain cases. 102. Effect of provisions of the Act inconsistent with other laws. 4 ----- SECTIONS 103. Power to remove difficulties. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE. THE FIFTH SCHEDULE. 5 ----- # THE JAMMU AND KASHMIR REORGANISATION ACT, 2019 ACT NO. 34 OF 2019 [9th August, 2019.] # An Act to provide for the reorganisation of the existing State of Jammu and Kashmir and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title. — This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.** **2. Definitions. — In this Act, unless the context otherwise requires,—** (a) “appointed day” means the day[1] which the Central Government may, by notification in the Official Gazette, appoint; (b) “article” means an article of the Constitution; (c) “assembly constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950); (d) “Election Commission” means the Election Commission appointed by the President under article 324; (e) “existing State of Jammu and Kashmir” means the State of Jammu and Kashmir as existing immediately before the appointed day, comprising the territory which immediately before the commencement of the Constitution of India in the Indian State of Jammu and Kashmir; (f) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Jammu and Kashmir; (g) “Legislative Assembly” means Legislative Assembly of Union territory of Jammu and Kashmir; (h) “Lieutenant Governor” means the Administrator of the Union territory appointed by the President under article 239; (i) “notified order” means an order published in the Official Gazette; (j) “population ratio”, in relation to the Union territory of Jammu and Kashmir, and Union territory of Ladakh means the ratio as per 2011 Census; (k) “Scheduled Castes” in relation to the Union territory means such castes, races or tribes or parts of groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes in relation to that Union territory; (l) “Scheduled Tribes” in relation to the Union territory means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes in relation to that Union territory; 1. 31st October, 2019 —clause (a) of Section 2, vide notification No. S.O. 2889 (E), dated 09th August, 2019, see Gazette of India Extraordinary, Part II, s. 3 (ii) 6 ----- (m) “sitting member”, in relation to either House of Parliament or of the Legislature of the existing State of Jammu and Kashmir, means a person who immediately before the appointed day, is a member of that House; (n) “Union territory”, in relation to the existing State of Jammu and Kashmir, means the Union territory of Jammu and Kashmir or Union territory of Ladakh, as the case may be; (o) “transferred territory” means the territory which on the appointed day is transferred from the existing State of Jammu and Kashmir to Union territories formed under sections 3 and 4 of this Act; and (p) any reference to a district, tehsil or other territorial division of the existing State of Jammu and Kashmir shall be construed as a reference to the area comprised within that territorial division on the appointed day. PART II REORGANISATION OF THE STATE OF JAMMU AND KASHMIR **3. Formation of Union territory of Ladakh without Legislature. — On and from the appointed** day, there shall be formed a new Union territory to be known as the Union territory of Ladakh comprising the following territories of the existing State of Jammu and Kashmir, namely:— “Kargil and Leh districts”, and thereupon the said territories shall cease to form part of the existing State of Jammu and Kashmir. **4. Formation of Union territory of Jammu and Kashmir with Legislature. — On and from the** appointed day, there shall be formed a new Union territory to be known as the Union territory of Jammu and Kashmir comprising the territories of the existing State of Jammu and Kashmir other than those specified in section 3. **5. Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor.—** On and from the appointed day, the Governor of the existing State of Jammu and Kashmir shall be the Lieutenant Governor for the Union territory of Jammu and Kashmir, and Union territory of Ladakh for such period as may be determined by the President. **6. Amendment of First Schedule to the Constitution.—On and from the appointed day, in the** First Schedule to the Constitution, under the heading—“I. THE STATES”,— (a) entry 15 shall be deleted. (b) entries from 16 to 29 shall be renumbered as 15 to 28. (c) under the heading —“II. UNION TERRITORIES”,— after entry 7, the following entries shall be inserted, namely:— “8. Jammu and Kashmir: The territories specified in section 4 of the Jammu and Kashmir Reorganisation Act, 2019”. “9. Ladakh: The territories specified in section 3 of the Jammu and Kashmir Reorganisation Act, 2019”. **7.** **Saving powers of the Government of Union territory of Jammu and Kashmir.—** Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of successor Union territory of Jammu and Kashmir to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in that Union territory. 7 ----- PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ **8. Amendment of Fourth Schedule to Constitution. —On and from the appointed day, in the** Fourth Schedule to the Constitution, in the Table,— (a) entry 21 shall be deleted; (b) entries 22 to 31 shall be renumbered as entries 21 to 30, respectively; (c) after entry 30, the following entry shall be inserted, namely:— “31. Jammu and Kashmir ..................................................4”. **9. Allocation of sitting members. — (1) On and from the appointed day, four sitting members of** the Council of States representing the existing State of Jammu and Kashmir shall be deemed to have been elected to fill the seats allotted to the Union territory of Jammu and Kashmir, as specified in the First Schedule to this Act. (2) The term of office of such sitting members shall remain unaltered. _The House of the People_ **10. Representation in House of the People.—On and from the appointed day, there shall be** allocated five seats to the successor Union territory of Jammu and Kashmir and one seat to Union territory of Ladakh, in the House of the People, and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly. **11. Delimitation of Parliamentary Constituencies order, 1976.—(1) On and from the appointed** day, the Delimitation of Parliamentary Constituencies Order, 1976 shall stand amended as directed in the Second Schedule of this Act. (2) The Election Commission may conduct the elections to the House of the People for the Union territory of Jammu and Kashmir and Union territory of Ladakh as per the allocation of seats specified in the Delimitation of Parliamentary Constituencies Order, 1976 as amended by this Act. **12. Provision as to sitting members.—(1) Every sitting member of the House of the People** representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the successor Union territory of Jammu and Kashmir or Union territory of Ladakh, as the case may be, shall be deemed to have been elected to the House of the People by that constituency as so allotted. (2) The term of office of such sitting members shall remain unaltered. _The Lieutenant Governor and The Legislative Assembly of Union territory of_ _Jammu and Kashmir_ **13. Applicability of article 239A of Constitution. —On and from the appointed day, the provisions** contained in article 239A, [1][or any other article containing reference to elected members of the Legislative Assembly of the State] which are applicable to “Union territory of Puducherry”, shall also apply to the “Union territory of Jammu and Kashmir”. **14. Legislative Assembly for the Union Territory of Jammu and Kashmir and its** **composition.—(1) There shall be an Administrator appointed under article 239 of the Constitution of** India for the Union territory of Jammu and Kashmir and shall be designated as Lieutenant Governor of the said Union territory. 1. Ins. by Act 2 of 2021, s. 2 (w.e.f. 7-1-2021) 8 ----- (2) There shall be a Legislative Assembly for the Union territory of Jammu and Kashmir. (3) The total number of seats in the Legislative Assembly of the Union territory of Jammu and Kashmir to be filled by persons chosen by direct election shall be 107. 1[Provided that subject to the provisions of sub-section (1) of section 60, on and from the date of commencement of the Jammu and Kashmir Reorganisation (Amendment) Act, 2023, the provisions of this sub-section shall have effect as if for the figures “107”, the figures “114” had been substituted.] (4) Notwithstanding anything contained in sub-section (3), until the area of the Union territory of Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied and the people residing in that area elect their representatives— (a) twenty four seats in the Legislative Assembly of Union territory of Jammu and Kashmir shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly; and (b) the said area and seats shall be excluded in delimiting the territorial constituencies as provided under PART V of this Act. (5) On and from the appointed day, the Delimitation of Assembly Constituencies Order, 1995, as applicable to Union territory of Jammu and Kashmir, shall stand amended as directed in the Third Schedule of this Act. (6) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir. (7) The number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir under sub-section (6) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the Union territory of Jammu and Kashmir or of the Scheduled Tribes in the Union territory of Jammu and Kashmir, in respect of which seats are so reserved, bears to the total population of the Union territory of Jammu and Kashmir. _Explanation:—In this sub-section, the expression “population” means the population as_ ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2011 census. (8) Notwithstanding anything in sub-section (6), the reservation of seats for the Scheduled Castes or Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir shall cease to have effect on the same date on which the reservation of seats for the Scheduled Castes or the Scheduled Tribes in the House of the People shall cease to have effect under article 334 of the Constitution of India. (9) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the heading :— “I. THE STATES:” “(a) entry 10 shall be deleted”. “(b) entries 11 to 29 shall be renumbered as 10 to 28”. 2[(10) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under 1. Ins. by Act 35 of 2023, s. 2 (w.e.f. 26-12-2023). 2. Subs. by s. 2, ibid., for sub-section (10) (w.e.f. 26-12-2023). 9 ----- the sub-heading “II. UNION TERRITORIES”, against serial number 3 relating to “Jammu and Kashmir”, for the entries under columns 2 to 7, the following entries shall respectively be substituted, namely:— 1 2 3 4 5 6 7 ‘‘3. Jammu and Kashmir 90 7 9 90 7 9’’.]. (11) The provisions of articles 324 to 327 and 329 of the Constitution of India, shall apply in relation to the Union territory of Jammu and Kashmir, the Legislative Assembly and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to Parliament. **15. Representation of women.—Notwithstanding anything in sub-section (3) of section 14 the** Lieutenant Governor of the successor Union territory of Jammu and Kashmir may nominate two members to the Legislative Assembly to give representation to women, if in his opinion, women are not adequately represented in the Legislative Assembly. 1[15A. Nomination of Kashmiri Migrants.—Notwithstanding anything contained in sub-section (3) of section 14, the Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate not more than two members, one of whom shall be a woman, from the community of Kashmiri Migrants, to the Jammu and Kashmir Legislative Assembly. _Explanation.—For the purposes of this section, the term “Migrant” shall have the same meaning as_ assigned to it in clause (e) of section 2 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (Jammu and Kashmir Act XVI of 1997). **15B. Nomination of displaced persons.— Notwithstanding anything contained in sub-section (3)** of section 14, the Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate one member from displaced persons from Pakistan occupied Jammu and Kashmir to the Jammu and Kashmir Legislative Assembly. _Explanation.—For the purposes of this section, the term “displaced person” means any person,_ who, on account of the setting up of the dominions of India and Pakistan, or on account of civil disturbances or fear of such disturbances in any area of the then State of Jammu and Kashmir presently under occupation of Pakistan, during the years 1947-48, 1965 and 1971, had left or had been displaced due to such disturbances from his place of residence in such area and who has been subsequently residing outside such area and also includes successors-in-interest of any such person.] **16.** **Qualification for membership of Legislative Assembly.— A person shall not be qualified to** be chosen to fill a seat in the Legislative Assembly unless he— (a) is a citizen of India and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Fourth Schedule of this Act; (b) is not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by the Parliament. **17. Duration of Legislative Assembly.—The Legislative Assembly, unless sooner dissolved, shall** continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Legislative Assembly: 1. Ins. by Act 35 of 2023, s. 3 (w.e.f. 26-12-2023). 10 ----- Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by the President by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. **18. Sessions of Legislative Assembly, prorogation and dissolution.—(1) The Lieutenant** Governor shall, from time to time, summon the Legislative Assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Lieutenant Governor may, from time to time,— (a) prorogue the House; (b) dissolve the Legislative Assembly. **19. Speaker and Deputy Speaker of Legislative Assembly. —** (1) The Legislative Assembly shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be. (2) A member holding office as Speaker or Deputy Speaker of the Assembly— (a) shall vacate his office if he ceases to be a member of the Assembly; (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; (c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution: Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution. (3) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Legislative Assembly as may be determined by the rules of procedure of the Assembly. (4) During the absence of the Speaker from any sitting of the Legislative Assembly, the Deputy Speaker, or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Legislative Assembly, shall act as Speaker. (5) There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, such salaries and allowances as may respectively be fixed by the Legislative Assembly of the Union territory of Jammu and Kashmir by law and, until provision in that behalf is so made, such salaries and allowances as the Lieutenant Governor may, by order determine. **20. Speaker or Deputy Speaker not to preside while a resolution for his removal from office** **is under consideration.— (1) At any sitting of the Legislative Assembly, while any resolution for the** removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker, from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of sub-section (4) of section 19 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in 11 ----- the Assembly and shall, notwithstanding anything in section 25, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. **21. Special address by Lieutenant Governor to Legislative Assembly.—(1) At the** commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Lieutenant Governor shall address the Legislative Assembly, and shall inform the Legislative Assembly of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of the Legislative Assembly for the allotment of time for the discussion of matters referred to in such address. **22. Rights of Ministers and Advocate General as respects Legislative Assembly.—Every** Minister and the Advocate-General for the Union territory of Jammu and Kashmir shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislative Assembly of which he may be named a member, but shall not by virtue of this section be entitled to vote. **23. Rights of Lieutenant Governor to address and send messages to the Legislative Assembly.** **—(1) The Lieutenant Governor may address the Legislative Assembly and may for that purpose** require the attendance of members. (2) The Lieutenant Governor may also send messages to the Legislative Assembly whether with respect to a Bill then pending in the Legislative Assembly or otherwise, and when a message so sent, the Legislative Assembly shall with all convenient despatch consider any matter required by the message to be taken into consideration. **24. Oath or affirmation by members.—Every member of the Legislative Assembly shall, before** taking his seat, make and subscribe before the Lieutenant Governor of the said Union territory, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Fourth Schedule of this Act. **25. Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum.** **—(1) Save as otherwise provided in this Act, all questions at any sitting of the Legislative Assembly** shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as such. (2) The Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (3) The Legislative Assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislative Assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings. (4) The quorum to constitute a meeting of the Legislative Assembly shall be ten members or one tenth of the total number of members of the Legislative Assembly, which ever is greater. (5) If at any time during a meeting of the Legislative Assembly there is no quorum, it shall be the duty of the Speaker, or person acting as such, either to adjourn the Legislative Assembly or to suspend the meeting until there is a quorum. **26. Vacation of seats.—(1) No person shall be a member both of Parliament and of the Legislative** Assembly, and if a person is chosen a member both of Parliament and of such Assembly, then, at the expiration of such period as may be specified in the rules made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislative Assembly of the said Union territory. (2) If a member of the Legislative Assembly— (a) becomes subject to any of disqualification mentioned in section 27 or section 28 for 12 ----- membership of the Legislative Assembly; or (b) resigns his seat by writing under his hand addressed to the Speaker, and his resignation is accepted by the Speaker, his seat shall thereupon become vacant. (3) If for a period of sixty days a member of the Legislative Assembly is without permission of the Assembly absent from all meetings thereof, the Assembly may declare his seat vacant: Provided that in computing the said period of sixty days, no account shall be taken of any period during which the Assembly is prorogued or is adjourned for more than four consecutive days. **27. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as,** and for being, a member of the Legislative Assembly— (a) if he holds any office of profit under the Government of India or the Government of any State or the Government of Union territory of Jammu and Kashmir or the Government or administration of any other Union territory or other than an office declared by law made by Parliament or by the Legislative Assembly not to disqualify its holder; or (b) if he is for the time being disqualified for being chosen as, and for being, a member of either House of Parliament under the provisions of sub-clause (b), sub-clause (c) or sub-clause (d) of clause (1) of article 102 or of any law made in pursuance of that article. (2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State or the Government of Union territory of Jammu and Kashmir or the Government of any other Union territory by reason only that he is a Minister either for the Union or for such State or Union territory. (3) If any question arises as to whether a member of the Legislative Assembly becomes subject to any of disqualification under the provisions of sub-sections (1) and (2), the question shall be referred for the decision of the Lieutenant Governor and his decision shall be final. (4) Before giving any decision on any such question, the Lieutenant Governor shall obtain the opinion of the Election Commission and shall act according to such opinion. **28.** **Disqualification on ground of defection for being a member.—The provisions of the Tenth** Schedule to the Constitution shall, subject to the necessary modifications (including modifications for construing references therein to the Legislative Assembly of a State, article 188, article 194 and article 212 as references, respectively, to the Legislative Assembly of Union territory of Jammu and Kashmir, as the case may be, section 24, section 30 and section 50 of this Act), apply to and in relation to the members of the Legislative Assembly of Union territory of Jammu and Kashmir as they apply to and in relation to the members of the Legislative Assembly of a State, and accordingly,— (a) the said Tenth Schedule as so modified shall be deemed to form part of this Act; and (b) a person shall be disqualified for being a member of the Legislative Assembly if he is so disqualified under the said Tenth Schedule as so modified. **29. Penalty for sitting and voting before making oath or affirmation or when not qualified or** **when disqualified.—If a person sits or votes as a member of the Legislative Assembly before he has** complied with the requirements of section 24 or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from doing so by the provisions of any law made by Parliament or the Legislative Assembly of the Union territory of Jammu and Kashmir, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the said Union territory. **30. Powers, privileges, etc., of members.—(1) Subject to the provisions of this Act and to the** rules and standing orders regulating the procedure of the Legislative Assembly, there shall be freedom 13 ----- of speech in the Legislative Assembly. (2) No member of the Legislative Assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of such Assembly of any report, paper, votes or proceedings. (3) In other respects, the powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof shall be such as are for the time being enjoyed by the House of the People and its members and committees. (4) The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue of this Act have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly or any committee thereof as they apply in relation to members of the Legislative Assembly. **31. Salaries and allowances of members.—Members of the Legislative Assembly shall be** entitled to receive such salaries and allowances as may from time to time be determined by the Legislative Assembly by law and, until provision in that behalf is so made, such salaries and allowances as the Lieutenant Governor may, by order determine. **32. Extent of legislative power.—(1) Subject to the provisions of this Act, the Legislative** Assembly may make laws for the whole or any part of the Union territory of Jammu and Kashmir with respect to any of the matters enumerated in the State List except the subjects mentioned at entries 1 and 2, namely “Public Order” and “Police” respectively or the Concurrent List in the Seventh Schedule to the Constitution of India in so far as any such matter is applicable in relation to the Union territories. (2) Nothing in sub-section (1) shall derogate from the powers conferred on Parliament by the Constitution to make laws with respect to any matter for the Union territory of Jammu and Kashmir or any part thereof. **33. Exemption of property of the Union from taxation.—The property of the Union shall, save** in so far as Parliament may by law otherwise provide, be exempted from all taxes imposed by or under any law made by the Legislative Assembly or by or under any other law in force in the Union territory of Jammu and Kashmir: Provided that nothing in this section shall, until Parliament by law otherwise provides, prevent any authority within the Union territory of Jammu and Kashmir from levying any tax on any property of the Union to which such property was immediately before the commencement of the Constitution liable or treated as liable, so long as that tax continues to be levied in that Union territory. **34. Restrictions on laws passed by Legislative Assembly with respect to certain matters.—** (1) The provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the Legislative Assembly with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the Legislature of a State with respect to those matters. (2) The provisions of article 304 shall, with the necessary modifications, apply in relation to any law passed by the Legislative Assembly with respect to any of the matters referred to in that article as they apply in relation to any law passed by the Legislature of a State with respect to those matters. **35. Inconsistency between laws made by Parliament and laws made by Legislative** **Assembly.—If any provision of a law made by the Legislative Assembly with respect to matters** enumerated in the State List, in the Seventh Schedule to the Constitution is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or, if any provision of a law made by the Legislative Assembly with respect to any matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution is repugnant to any provision of any earlier law, other than a law made by the Legislative Assembly, with respect to that matter, then, in either case, the law made by Parliament, or, as the case may be, such earlier law shall prevail and the law made by the Legislative Assembly of the Union territory shall, to the extent of the repugnancy, be void: 14 ----- Provided that if such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the Union territory of Jammu and Kashmir: Provided further that nothing in this section shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly. **36. Special provisions as to financial Bills.—(1) A Bill or amendment shall not be introduced** into, or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor, if such Bill or Amendment makes provision for any of the following matters, namely:— (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Union territory; (c) the appropriation of moneys out of the Consolidated Fund of the Union territory; (d) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the Union territory or the increasing of the amount of any such expenditure; (e) the receipt of money on account of the Consolidated Fund of the Union territory or the public account of the Union territory or the custody or issue of such money or the audit of the account of the Union territory: Provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction or abolition of any tax. (2) A Bill or Amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of Union territory shall not be passed by the Legislative Assembly of the Union territory unless the Lieutenant Governor has recommended to the Assembly, the consideration of the Bill. **37. Procedure as to lapsing of Bills.—(1) A Bill pending in the Legislative Assembly shall not** lapse by reason of the prorogation of the Legislative Assembly. (2) A Bill which is pending in the Legislative Assembly shall lapse on dissolution of the Legislative Assembly. **38. Assent to Bills.—When a Bill has been passed by the Legislative Assembly, it shall be** presented to the Lieutenant Governor and the Lieutenant Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President: Provided that the Lieutenant Governor may, as soon as possible after the presentation of the Bill to him for assent, return the Bill if it is not a Money Bill together with a message requesting that the Assembly will reconsider the Bill or any specified provisions thereof, and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Assembly will reconsider the Bill accordingly, and if the Bill is passed again with or without amendment and presented to the Lieutenant Governor for assent, the Lieutenant Governor shall declare either that he assents to the Bill or that he reserves the Bill for the consideration of the President: Provided further that the Lieutenant Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which,— 15 ----- (a) in the opinion of the Lieutenant Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is, by the Constitution, designed to fill; or (b) relates to any of the matters specified in clause (1) of article 31A; or (c) the President may, by order, direct to be reserved for his consideration. _Explanation.—For the purposes of this section and section 39, a Bill shall be deemed to be a_ Money Bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of section 36 or any matter incidental to any of those matters and, in either case, there is endorsed thereon the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill. **39. Bills reserved for consideration.—When a Bill is reserved by Lieutenant Governor for the** consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: Provided that where the Bill is not a Money Bill, the President may direct the Lieutenant Governor to return the Bill to the Legislative Assembly together with such a message as is mentioned in the first proviso to section 38 and, when a Bill is so returned, the Assembly shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the Assembly with or without amendment, it shall be presented again to the President for his consideration. **40. Requirements as to sanction and recommendations to be regarded as matters of** **procedure only.—No Act of the Legislative Assembly and no provision in any such Act, shall be** invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given by the Lieutenant Governor, or, on being reserved by the Lieutenant Governor for the consideration of the President, by the President. **41. Annual financial statement.—(1) The Lieutenant Governor shall in respect of every financial** year cause to be laid before the Legislative Assembly of the Union territory of Jammu and Kashmir, a statement of the estimated receipts and expenditure of the Union territory for that year, in this Part referred to as the “annual financial statement”. (2) The estimates of expenditure embodied in the annual financial statement shall show separately— (a) the sums required to meet expenditure described by this Act as expenditure charged upon the Consolidated Fund of the Union territory of Jammu and Kashmir, and (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the Union territory of Jammu and Kashmir; and shall distinguish expenditure on revenue account from other expenditure. (3) The following expenditure shall be expenditure charged on the Consolidated Fund of the Union territory of Jammu and Kashmir:— (a) the emoluments and allowances of the Lieutenant Governor and other expenditure relating to his office; (b) the charges payable in respect of loans advanced to the Union territory of Jammu and Kashmir from the Consolidated Fund of India including interest, sinking fund charges and redemption charges, and other expenditure connected therewith; (c) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly; (d) expenditure in respect of the salaries and allowances of Judges of High Court of Jammu and Kashmir; 16 ----- (e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; (f) expenditure incurred by the Lieutenant Governor in the discharge of his special responsibility; (g) any other expenditure declared by the Constitution or by law made by Parliament or by the Legislative Assembly of the Union territory of Jammu and Kashmir to be so charged. **42. Procedure in Legislative Assembly with respect to estimates.—(1) So much of the estimates** as relates to expenditure charged upon the Consolidated Fund of Union territory of Jammu and Kashmir shall not be submitted to the vote of the Legislative Assembly, but nothing in this sub-section shall be construed as preventing the discussion in the Legislative Assembly of any of those estimates. (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation of the Lieutenant Governor. **43. Appropriation Bills.—(1) As soon as may be after the grants under section 42 have been** made by the Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the Union territory of all moneys required to meet— (a) the grants so made by the Legislative Assembly, and (b) the expenditure charged on the Consolidated Fund of the Union territory of Jammu and Kashmir but not exceeding in any case the amount shown in the statement previously laid before the Assembly. (2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the Union territory of Jammu and Kashmir and the decision of the person presiding as to whether an amendment is inadmissible under this sub-section shall be final. (3) Subject to the other provisions of this Act, no money shall be withdrawn from the Consolidated Fund of the Union territory except under appropriation made by law passed in accordance with the provisions of this section. **44. Supplementary, additional or excess grants.—(1) The Lieutenant Governor shall—** (a) if the amount authorised by any law made in accordance with the provisions of section 43 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the Legislative Assembly, another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly with such previous approval a demand for such excess, as the case may be. (2) The provisions of sections 41, 42 and 43 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the Union territory of Jammu and Kashmir to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and 17 ----- the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the Union territory of Jammu and Kashmir to meet such expenditure or grant. **45. Votes on account.—(1) Notwithstanding anything in the foregoing provisions of this Part, the** Legislative Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 42 for the voting of such grant and the passing of the law in accordance with the provisions of section 43 in relation to that expenditure and the Legislative Assembly shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the Union territory of Jammu and Kashmir for the purposes for which the said grant is made. (2) The provisions of sections 42 and 43 shall have effect in relation to the making of any grant under sub-section (1) or to any law to be made under that sub-section as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the Union territory of Jammu and Kashmir to meet such expenditure. **46. Rules of procedure.—(1) The Legislative Assembly may make rules for regulating, subject to** the provisions of this Act, its procedure and the conduct of its business: Provided that the Lieutenant Governor shall, after consultation with the Speaker of the Legislative Assembly, make rules— (a) for securing the timely completion of financial business; (b) for regulating the procedure of, and the conduct of business in, the Legislative Assembly in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the Union territory of Jammu and Kashmir; (c) for prohibiting the discussion of, or the asking of questions on, any matter which affects the discharge of the functions of the Lieutenant Governor in so far as he is required by this Act to act in his discretion. (2) Until rules are made under sub-section (1), the rules of procedure and standing orders in force immediately before the commencement of this Act, with respect to the Legislative Assembly of the existing State of Jammu and Kashmir shall have effect in relation to the Legislative Assembly of the Union territory of Jammu and Kashmir subject to such modifications and adaptations as may be made therein by the Speaker of Legislative Assembly. **47. Official language or languages of Union territory of Jammu and Kashmir and language** **or languages to be used in Legislative Assembly thereof.—(1) The Legislative Assembly may by** law adopt any one or more of the languages in use in the Union territory of Jammu and Kashmir or Hindi as the official language or languages to be used for all or any of the official purposes of the Union territory of Jammu and Kashmir. (2) The business in the Legislative Assembly of the Union territory of Jammu and Kashmir shall be transacted in the official language or languages of the Union territory of Jammu and Kashmir or in Hindi or in English: Provided that the Speaker of the Legislative Assembly or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the Legislative Assembly in his mother-tongue. **48.** **Language to be used for Acts, Bills, etc.—Notwithstanding anything contained in section 47,** until Parliament by law otherwise provides, the authoritative texts— (a) of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly, (b) of all Acts passed by the Legislative Assembly, and 18 ----- (c) of all orders, rules, regulations and bye-laws issued under any law made by the Legislative Assembly, shall be in the English language: Provided that where the Legislative Assembly has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislative Assembly or in any order, rule, regulation or bye-law issued under any law made by the Legislative Assembly of the Union territory of Jammu and Kashmir, a translation of the same in the English language published under the authority of the Lieutenant Governor in the Official Gazette shall be deemed to be the authoritative text thereof in the English language. **49. Restriction on discussion in the Legislative Assembly.—No discussion shall take place in the** Legislative Assembly with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties. **50. Courts not to inquire into proceedings of Legislative Assembly.—(1) The validity of any** proceedings in the Legislative Assembly shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of the Legislative Assembly in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order in the Legislative Assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. **51. Secretariat of the Legislative Assembly.—(1) The Legislative Assembly shall have a** separate secretariat staff. (2) The Legislative Assembly may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Legislative Assembly. (3) Until provision is made by the Legislative Assembly under sub-section (2), the Lieutenant Governor may, after consultation with the Speaker of the Legislative Assembly make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly and any rules so made shall have effect subject to the provisions of any law made under the said sub-section. **52. Power of Lieutenant Governor to promulgate Ordinances during recess of Legislative** **Assembly.—If at any time, except when the Legislative Assembly is in session, the Lieutenant** Governor thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that the power of making an Ordinance under this section shall extend only to those matters with respect to which the Legislative Assembly has power to make laws. (2) An Ordinance promulgated under this section shall have the same force and effect as an Act of the Legislative Assembly assented by the Lieutenant Governor but every such Ordinance— (a) Shall be laid before the Legislative Assembly and shall cease to operate at the expiration of six weeks from the re-assembly of the Legislative Assembly, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly; and (b) May be withdrawn at any time by the Lieutenant Governor. _Council of Ministers for the Union territory of Jammu and Kashmir_ **53. Council of Ministers.—(1) There shall be a Council of Ministers consisting of not more than** ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws except in so far as he 19 ----- is required by or under this Act to act in his discretion or by or under any law to exercise any judicial or quasi-judicial functions. (2) The Lieutenant Governor shall, in the exercise of his functions, act in his discretion in a matter: (i) which falls outside the purview of the powers conferred on the Legislative Assembly; or (ii) in which he is required by or under any law to act in his discretion or to exercise any judicial functions; or (iii) related to All India Services and Anti Corruption Bureau: Provided that if any question arises whether any matter is or is not a matter as respects which the Lieutenant Governor is by or under this Act required to act in his discretion, the decision of the Lieutenant Governor in his discretion shall be final, and the validity of anything done by the Lieutenant Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion. (3) The question whether any, and if so what, advice was tendered by Ministers to the Lieutenant Governor shall not be inquired into in any court. **54. Other provisions as to Ministers.—(1) The Chief Minister shall be appointed by the** Lieutenant Governor and the other Ministers shall be appointed by the Lieutenant Governor on the advice of the Chief Minister. (2) The Ministers shall hold office during the pleasure of the Lieutenant Governor. (3) The Council of Ministers shall be collectively responsible to the Legislative Assembly. (4) Before a Minister enters upon his office, the Lieutenant Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Fourth Schedule to this Act. (5) A Minister who for any period of six consecutive months is not a member of the Legislative Assembly shall at the expiration of that period cease to be a Minister. (6) The salaries and allowances of Ministers shall be such as the Legislative Assembly may from time to time by law determine, and until the Legislative Assembly so determines, shall be determined by the Lieutenant Governor. **55. Conduct of business.—(1) The Lieutenant Governor shall make rules on the advice of the** Council of Ministers— (a) for the allocation of business to the Ministers; and (b) for the more convenient transaction of business with the Ministers including the procedure to be adopted in case of a difference of opinion between the Lieutenant Governor and the Council of Ministers or a Minister. (2) Save as otherwise provided in this Act, all executive action of the Lieutenant Governor, whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the name of the Lieutenant Governor. (3) Orders and other instruments made and executed in the name of the Lieutenant Governor, shall be authenticated in such manner as may be specified in rules to be made by the Lieutenant Governor on the advice of Council of Ministers, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Lieutenant Governor. **56. Duties of Chief Minister as respects the furnishing of information to the Lieutenant** **Governor, etc.—It shall be the duty of the Chief Minister—** 20 ----- (a) to communicate to the Lieutenant Governor all decisions of the Council of Ministers relating to the administration of the affairs of the Union territory and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the Union territory and proposals for legislation as Lieutenant Governor may call for. _Legislative Council_ **57. Abolition of Legislative Council of the State of Jammu and Kashmir.—(1)** Notwithstanding anything to the contrary contained in any law, document, judgment, ordinance, rule, regulation or notification, on and from the appointed day, the Legislative Council of the existing State of Jammu and Kashmir shall stand abolished. (2) On the abolition of the Legislative Council, every member thereof shall cease to be such member. (3) All Bills pending in the Legislative Council immediately before the appointed day shall lapse on the abolition of the Council. PART IV ADMINISTRATION OF UNION TERRITORY OF LADAKH **58. Appointment of Lieutenant Governor of Union territory of Ladakh.—(1) The Union** territory of Ladakh will be administered by the President acting, to such extent as he thinks fit, through a Lieutenant Governor to be appointed by him under article 239. (2) The President may make regulations for the peace, progress and good government of the Union territory of Ladakh under article 240 of the Constitution of India. (3) Any regulation so made may repeal or amend any Act made by Parliament or any other law which is for the time being applicable to the Union territory of Ladakh and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to the Union territory of Ladakh. (4) The Lieutenant Governor shall be assisted by advisor(s) to be appointed by the Central Government. PART V DELIMITATION OF CONSTITUENCIES **59. Definitions.—In this Part, unless the context otherwise requires,—** (a) “associate member” means a member associated with the Delimitation Commission under section 60; (b) “Delimitation Commission” means the Delimitation Commission to be constituted under section 3 of the Delimitation Act, 2002 (33 of 2002); and thereafter by any law made by the Parliament. (c) “Election Commission” means the Election Commission appointed by the President under article 324 of the Constitution of India; (d) “latest census figures” mean the census figures ascertained at the latest census of which the finally published figures are available; (e) “Parliamentary Constituency” means a constituency provided by law for the purpose of elections to the House of the People from Union territory of Jammu and Kashmir and Union territory of Ladakh. (f) “Assembly Constituency” means a constituency provided by law for the purpose of elections to the Legislative Assembly. 21 ----- **60. Delimitation of constituencies.—(1) Without prejudice to sub-sections (3) of section 14 of** this Act, the number of seats in the Legislative Assembly of Union territory of Jammu and Kashmir shall be increased from 107 to 114, and delimitation of the constituencies may be determined by the Election Commission in the manner hereinafter provided— (a) the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly, having regard to the relevant provisions of the Constitution; (b) the assembly constituencies into which the Union territory shall be divided, the extent of each of such constituencies and in which of them seats shall be reserved for the Scheduled Castes or for the Scheduled Tribes; and (c) the adjustments in the boundaries and description of the extent of the parliamentary constituencies in each Union territory that may be necessary or expedient. (2) In determining the matters referred to in clauses (b) and (c) of sub-section (1), the Election Commission shall have regard to the following provisions, namely:— (a) all the constituencies shall be single-member constituencies; (b) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and conveniences to the public; and (c) constituencies in which seats are reserved for the Scheduled Castes and the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest. (3) The Election Commission shall, for the purpose of assisting it in the performance of its functions under sub-section (1), associate with itself as associate members, four persons as the Central Government may by order specify, being persons who are the members of the Legislative Assembly of the Union territory of Jammu and Kashmir or four members of the House of the People representing the Union territory of Jammu and Kashmir: Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission. (4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled as far as practicable, in accordance with the provisions of sub-section (3). (5) The Election Commission shall— (a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it; (b) consider all objections and suggestions which may have been received by it before the date so specified; and (c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette, and there upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. (6) As soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the Legislative Assembly of the Union territory of Jammu and Kashmir. **61. Power of Election Commission to maintain Delimitation Orders up-to-date.—(1) The** Election Commission may by notification in the Official Gazette,— 22 ----- (a) correct any printing mistakes in any order made under section 60 or any error arising therein from inadvertent slip or omission; and (b) where the boundaries or name of any territorial division mentioned in any such order or orders is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date. (2) Every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the Legislative Assembly. **62. Special provision as to readjustment of Parliamentary and Assembly Constituencies on** **the basis of 2011 census.—(1) On and from the appointed day, notwithstanding the publication of** orders under sub-section (1) of section 10 of the Delimitation Act, 2002 (33 of 2002) or anything contained in sub-section (2) or sub-section (4) of the said section, the Delimitation Act, 2002 (33 of 2002) shall be deemed to have been amended as provided below: (a) in section 2, in clause (f), the words “but does not include the State of Jammu and Kashmir” shall be omitted; and (b) for the purpose of delimitation of Assembly and Parliamentary Constituencies, the words and figures “census held in the year 2001”, wherever occurring, shall be construed as words and figures “census held in the year 2011”. (2) Readjustment of the constituencies as provided under section 60 in the successor Union territory of Jammu and Kashmir into Assembly Constituencies, shall be carried by the Delimitation Commission, to be constituted under the Delimitation Act, 2002 (33 of 2002) as amended by this Act, and shall take effect from such date as the Central Government may, by order, publish in the Official Gazette, specify. (3) Readjustment of the constituencies as provided under section 11 in the successor Union territory of Jammu and Kashmir into Parliamentary Constituencies, shall be carried by the Delimitation Commission, to be constituted under the Delimitation Act, 2002 (33 of 2002) as amended by this Act, and shall take effect from such date as the Central Government may, by order, publish in the Official Gazette, specify. **63. Special provisions as to readjustment of Assembly and Parliamentary Constituencies.—** Notwithstanding anything contained in sections 59 to 61, until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust the division of successor Union territory of Jammu and Kashmir into Assembly and Parliamentary Constituencies and any reference to the “latest census figures” in this Part shall be construed as a reference to the 2011 census figures. **64. Procedure as to delimitation.—The procedure as provided in the law made by Parliament,** shall apply, in relation to the delimitation of Parliamentary and Assembly constituencies under this Part as they apply in relation to the delimitation of Parliamentary and Assembly constituencies under that law. PART VI SCHEDULED CASTES AND SCHEDULED TRIBES **65. Applicability of Scheduled Castes Order.—On and from the appointed day, the Constitution** Jammu and Kashmir (Scheduled Castes) Order, 1956, shall stand applied to the Union territory of Jammu and Kashmir and Union territory of Ladakh. **66. Applicability of Scheduled Tribes Order.—On and from the appointed day, the Constitution** Jammu and Kashmir (Scheduled Tribes) Order, 1989, shall stand applied to the Union territory of Jammu and Kashmir and Union territory of Ladakh. 23 ----- PART VII MISCELLANEOUS AND TRANSITIONAL PROVISIONS **67. Consolidated Fund of the Union territory of Jammu and Kashmir. —(1) On and from the** appointed day, all revenues received in the Union territory of Jammu and Kashmir by the Government of India or the Lieutenant Governor of the Union territory of Jammu and Kashmir in relation to any matter with respect to which the Legislative Assembly of the Union territory of Jammu and Kashmir has power to make laws, and all grants made and all loans advanced to the Union territory of Jammu and Kashmir from the Consolidated Fund of India and all loans raised by the Government of India or the Lieutenant Governor of the Union territory of Jammu and Kashmir upon the security of the Consolidated Fund of the Union territory of Jammu and Kashmir and all moneys received by the Union territory of Jammu and Kashmir in repayment of loans shall form one Consolidated Fund to be entitled “the Consolidated Fund of the Union territory of Jammu and Kashmir”. (2) No moneys out of such Consolidated Fund shall be appropriated except in accordance with, and for the purposes and in the manner provided in, this Act. (3) The custody of such Consolidated Fund, the payment of moneys into such Funds, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the Lieutenant Governor. **68. Public Account of the Union territory of Jammu and Kashmir and moneys credited to** **it.—(1) On and from the appointed day, all other public moneys received by or on behalf of the** Lieutenant Governor shall be credited to a Public Account entitled “the Public Account of the Union territory of Jammu and Kashmir”. (2) The custody of public moneys, other than those credited to the Consolidated Fund of the Union territory or the Contingency Fund of the Union territory of Jammu and Kashmir, received by or on behalf of the Lieutenant Governor, their payment into the Public Accounts of the Union territory of Jammu and Kashmir and the withdrawal of moneys from such account and all other matters connected with or ancillary to the aforesaid matters shall be regulated by rules made by the Lieutenant Governor on the advice of Council of Ministers. **69. Contingency Fund of Union territory of Jammu and Kashmir.—(1) There shall be** established a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of the Union territory of Jammu and Kashmir”, into which shall be paid from and out of the Consolidated Fund of the Union territory of Jammu and Kashmir such sums as may, from time to time, be determined by law made by the Legislative Assembly of the Union territory of Jammu and Kashmir; and the said Fund shall be held by the Lieutenant Governor to enable advances to be made by him out of such Fund. (2) No advances shall be made out of the Contingency Fund of the Union territory of Jammu and Kashmir except for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislative Assembly under appropriations made by law. (3) The Lieutenant Governor on the advice of the Council of Ministers may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from, the Contingency Fund of the Union territory of Jammu and Kashmir. **70. Borrowing upon the security of Consolidated Fund of Union territory of Jammu and** **Kashmir.—(1) The executive power of the Union territory extends to borrowing upon the security of** the Consolidated Fund of the Union territory of Jammu and Kashmir within such limits, if any, as may, from time to time, be fixed by Legislative Assembly by law and to the giving of guarantees within such limits, if any, as may be so fixed. (2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated Fund of the Union territory of Jammu and Kashmir. 24 ----- **71. Form of accounts of the Union territory of Jammu and Kashmir.—The accounts of the** Union territory of Jammu and Kashmir shall be kept in such form as the Lieutenant Governor may, after obtaining advice of the Comptroller and Auditor-General of India, prescribe by rules. **72. Audit reports.—The reports of the Comptroller and Auditor-General of India relating to the** accounts of Union territory of Jammu and Kashmir for any period subsequent to the date referred to in sub-section (1) of section 67 shall be submitted to the Lieutenant Governor who shall cause them to be laid before the Legislative Assembly. **73. Provision in case of failure of constitutional machinery.—If the President, on receipt of a** report from the Lieutenant Governor of Union territory of Jammu and Kashmir, or otherwise, is satisfied,— (a) that a situation has arisen in which the administration of the Union territory of Jammu and Kashmir cannot be carried on in accordance with the provisions of this Act, or (b) that for the proper administration of Union territory of Jammu and Kashmir it is necessary or expedient so to do, the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory of Jammu and Kashmir in accordance with the provisions of this Act. **74. Authorisation of expenditure by President.—Where the Legislative Assembly is dissolved,** or its functioning as such Assembly remains suspended, on account of an order under section 73, it shall be competent for the President to authorise, when the House of the People is not in Session, expenditure from the Consolidated Fund of the Union territory of Jammu and Kashmir pending the sanction of such expenditure by Parliament. PART VIII HIGH COURT **75. High Court of Jammu and Kashmir to be common High Court.—(1) On and from the** appointed day,— (a) the High Court of Jammu and Kashmir shall be the common High Court for the Union territory of Jammu and Kashmir and Union territory of Ladakh; (b) the Judges of the High Court of Jammu and Kashmir for the existing State of Jammu and Kashmir holding office immediately before the appointed day shall become on that day the Judges of the common High Court. (2) The expenditure in respect of salaries and allowances of the Judges of the common High Court shall be allocated amongst the Union territory of Jammu and Kashmir and Union territory of Ladakh on the basis of population ratio. **76. Special provision relating to Bar Council and advocates.—(1) On and from the date referred** to in sub-section (1) of section 75, in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1),— (a) in clause (a), the words “Jammu and Kashmir” shall be deleted. (b) after clause (f), the following clause shall be inserted, namely— -(g)- for the Union territory of Jammu and Kashmir and Union territory of Ladakh, to be known as the Bar Council of Jammu and Kashmir; and Ladakh. (2) Any person who immediately before the date referred to in sub-section (1) of section 75 is an advocate on the roll of the Bar Council of the existing State of Jammu and Kashmir and practising as 25 ----- an advocate in the High Court of Jammu and Kashmir, may continue to be members of the “Bar council of Jammu and Kashmir; and Ladakh’’, notwithstanding anything contained in the Advocates Act, 1961 and the rules made thereunder. (3) The persons other than the advocates who are entitled immediately before the date referred to in sub-section (1) of section 75, on and after that date, be recognised as such persons entitled also to practise in the common High Court of Jammu and Kashmir or any subordinate court thereof, as the case may be. (4) The right of audience in the common High Court of Jammu and Kashmir shall be regulated in accordance with the like principles as immediately before the date referred to in sub-section (1) of section 75, are in force with respect to the right of audience in the High Court of Jammu and Kashmir. **77. Practice and procedure in common High Court of Jammu and Kashmir.—Subject to the** provisions of this Part, the law in force immediately before the date referred to in sub-section (1) of section 75 with respect to practice and procedure in the High Court of Jammu and Kashmir shall, with the necessary modifications, apply in relation to the common High Court of Jammu and Kashmir and accordingly, the common High Court of Jammu and Kashmir shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before that date exercisable by the common High Court of Jammu and Kashmir: Provided that any rules or orders which are in force immediately before the date referred to in sub-section (1) of section 75 with respect to practice and procedure in the High Court of Jammu and Kashmir shall, until varied or revoked by rules or orders made by the common High Court of Jammu and Kashmir, apply with the necessary modifications in relation to practice and procedure in the common High Court of Jammu and Kashmir as if made by that Court. **78. Savings.—Nothing in this Part shall affect the application to the common High Court of** Jammu and Kashmir of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the date referred to in sub-section (1) of section 75 with respect to the common High Court of Jammu and Kashmir by any Legislature or other authority having power to make such provision. PART IX ADVOCATE-GENERAL OF UNION TERRITORY OF JAMMU AND KASHMIR **79. Advocate General for Union territory of Jammu and Kashmir.—(1) The Lieutenant** Governor shall appoint a person who is qualified to be appointed a Judge of the High Court, to be Advocate-General for the Union territory of Jammu and Kashmir. (2) It shall be the duty of such Advocate-General to give advice to the Government of such Union territory upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the said Government, and to discharge the functions conferred on him by or under the Constitution or any other law for the time being in force. (3) In the performance of his duties, the Advocate-General shall have the right of audience in all courts in the Union territory of Jammu and Kashmir. (4) The Advocate-General shall hold office during the pleasure of the Lieutenant Governor and receive such remuneration as the Lieutenant Governor may determine. PART X AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES **80. Authorisation of expenditure of Union territory of Jammu and Kashmir.—The Governor** of existing State of Jammu and Kashmir may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of the Union territory of Jammu and Kashmir as he deems necessary for any period not more than six months beginning with the appointed day pending the 26 ----- sanction of such expenditure by the Legislative Assembly of the Union territory of Jammu and Kashmir: Provided that the Lieutenant Governor of Union territory of Jammu and Kashmir may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of the Union territory of Jammu and Kashmir for any period not extending beyond the said period of six months. **81.** **Authorisation of expenditure of Union territory of Ladakh.—The Governor of existing** State of Jammu and Kashmir may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of Union territory of Jammu and Kashmir as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the Parliament: Provided that the President may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of India for any period not extending beyond the said period of six months. **82. Reports relating to accounts of Jammu and Kashmir State.—(1) The reports of the** Comptroller and Auditor-General of India referred to in clause (2) of article 151 relating to the accounts of the existing State of Jammu and Kashmir in respect of any period prior to the appointed day shall be submitted to the Lieutenant Governors of the successor Union territory of Jammu and Kashmir, and Union territory of Ladakh. (2) The Lieutenant Governor of Jammu and Kashmir, thereafter shall cause the reports to be laid before the Legislature of the Union territory of Jammu and Kashmir. (3) The Lieutenant Governor of Jammu and Kashmir may by order— (a) declare any expenditure incurred out of the Consolidated Fund of Jammu and Kashmir on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised; and (b) provide for any action to be taken on any matter arising out of the said reports. **83. Distribution of revenue.—(1) The award made by the Fourteenth Finance Commission to the** existing State of Jammu and Kashmir shall be apportioned between the successor Union territory of Jammu and Kashmir; and Union territory of Ladakh by the Central Government on the basis of population ratio and other parameters: Provided that on the appointed day, the President shall make a reference to the Union territories Finance Commission to take into account the resources available to the successor Union territories of Ladakh and make separate award for the successor Union territory of Ladakh: Provided further that on the appointed day, the President shall make a reference to the Fifteenth Finance Commission to include Union territory of Jammu and Kashmir in its Terms of Reference and make award for the successor Union territory of Jammu and Kashmir. (2) Notwithstanding anything in sub-section (1), the Central Government may, having regard to the resources available to the successor Union territory of Ladakh make appropriate grants and also ensure that adequate benefits and incentives in the form of special development package are given to the backward areas of this region. PART XI APPORTIONMENT OF ASSETS AND LIABILITIES **84. Application of this Part.—(1) The provisions of this Part shall apply in relation to the** apportionment of the assets and liabilities of the existing State of Jammu and Kashmir immediately before the appointed day, between the successor Union territory of Jammu and Kashmir and successor 27 ----- Union territory of Ladakh. (2) The apportionment of the assets and liabilities of the existing State of Jammu and Kashmir shall be subject to the recommendations of a committee constituted by the Central Government. (3) The process of apportionment shall be completed within a period of twelve months from the appointed day. PART XII PROVISIONS AS TO CERTAIN CORPORATIONS AND ANY OTHER MATTERS **85. Advisory Committee(s).—(1) The Central Government may by order, establish one or more** Advisory Committees within a period of 90 days from the appointed day, for the purposes of: (a) apportionment of assets, rights and liabilities of the companies and corporations constituted for the existing State of Jammu and Kashmir between Union territory of Jammu and Kashmir and Union territory of Ladakh; (b) issues relating to Continuance of arrangements in regard to generation and supply of electric power and supply of water; (c) issues related to Jammu and Kashmir State Financial Corporation; (d) issues related to Companies constituted for the existing state of Jammu and Kashmir regarding the division of the interests and shares and reconstitution of Board of Directors; (e) issues related to facilities in certain State Institutions; and (f) issues related to any other matters not covered under this section. (2) The committees so appointed under sub-section (1) of this section, shall submit their reports within six months to the Lieutenant Governor of Union territory of Jammu and Kashmir, who shall act on the recommendations of such committees within a period of 30 days from the date of receiving such reports. **86. Temporary provisions as to continuance of certain existing road transport permits.— (1)** Notwithstanding anything contained in section 88 of the Motor Vehicles Act, 1988 (59 of 1988), a permit granted by the State Transport Authority of the existing State of Jammu and Kashmir or any Regional Transport Authority in that State shall, if such permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day till its period of validity subject to the provisions of that Act as for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by the Transport Authority of any of Union territory or any Regional Transport Authority therein for the purpose of validating it for use in such area: Provided that the Lieutenant Governor may add to amend or vary the conditions attached to the permit by the Authority by which the permit was granted. (2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any of the successor Union territories under any such permit, if such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or other charges for its operations in the transferred territory: Provided that the Central Government may, after consultation with the Government of Union territory of Jammu and Kashmir or the administration of Union territory of Ladakh, as the case may be, authorise the levy of any such toll, entrance fees or other charges, as the case may be: Provided further that the provisions of this sub-section shall not be applicable where any such tolls, entrance fees or other charges of a like nature are leviable for the use of any road or bridge which is constructed or developed for commercial purpose by the State Government, an undertaking of the State Government, a joint undertaking in which the State Government is a 28 ----- shareholder or the private sector. **87. Special provision as to income-tax.—Where the assets, rights and liabilities of any body** corporate carrying on business are, under the provisions of this Part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate first-mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of Chapter VI of the Income-tax Act, 1961 (43 of 1961), shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the Central Government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of Chapter VI of the said Act, as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which those losses were sustained. PART XIII PROVISIONS AS TO SERVICES **88. Provisions relating to All India Services.—(1) In this section, the expression “State cadre”** (a) in relation to the Indian Administrative Service, has the same meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954 [IAS (cadre) rules, 1954]; (b) in relation to the Indian Police Service, has the same meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954 [IPS (cadre) rules, 1954]; and (c) in relation to the Indian Forest Service, has the same meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966 [IFS (cadre) rules, 1954]. 1[(2) The members of the Indian Administrative Service, Indian Police Service and Indian Forest Service for the existing cadre of Jammu and Kashmir, shall be borne and become part of the Arunachal Pradesh, Goa, Mizoram and Union territories cadre, and all future allocations of All India Services Officers for the Union territory of Jammu and Kashmir and Union territory of Ladakh shall be made to Arunachal Pradesh, Goa, Mizoram and Union territories cadge for which necessary modifications may be made in corresponding cadre allocation rules by the Central Government. (3) The officers so borne or allocated on Arunachal Pradesh, Goa, Mizoram and Union territories cadre shall function in accordance with the rules framed by the Central Government.] **89. Provisions relating to other services.—(1) Every person who immediately before the** appointed day is serving on substantive basis in connection with the affairs of the existing State of Jammu and Kashmir shall, on and from that day provisionally continue to serve in connection with the affairs of the Union territory of Jammu and Kashmir and Union territory of Ladakh, by general or special order of the Lieutenant Governor of Union territory of Jammu and Kashmir: Provided that every direction under this sub-section issued after the expiry of a period of one year from the appointed day shall be issued with the consultation of the Government or Administration of the successor Union territories, as the case may be. (2) As soon as may be after the appointed day, the Lieutenant Governor of Jammu and Kashmir shall, by general or special order, determine the successor Union territory to which every person referred to in sub-section (1) shall be finally allotted for service, after consideration of option received by seeking option from the employees, and the date with effect from which such allotment shall take effect or be deemed to have taken effect: Provided that even after the allocation has been made, Lieutenant Governor of Union territory of Jammu and Kashmir may in order to meet any deficiency in the service, depute officers from one successor Union territory to the other Union territory. (3) Every person who is finally allotted under the provisions of sub-section (2) to a successor 1. Subs. by Act 2 of 2021, s. 3, for sub-sections (2) to (6) (w.e.f. 7-1-2021). 29 ----- Union territory shall, if he is not already serving therein, be made available for serving in the successor Union territory from such date as may be agreed upon between the Government of the successor Union territory of Jammu and Kashmir and Administration of Union territory of Ladakh, or, in default of such agreement, as may be determined by the Central Government: Provided that the Central Government shall have the power to review any of its orders issued under this section. **90. Other provisions relating to services.—(1) Nothing in this section or in section 89 shall be** deemed to affect, on or after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union or any Union territory: Provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the Union territory of Jammu and Kashmir or Union territory of Ladakh under section 89 shall not be varied to his disadvantage except with the previous approval of the Lieutenant Governor. (2) All services prior to the appointed day rendered by a person,— (a) if he is deemed to have been allocated to any Union territory under section 89, shall be deemed to have been rendered in connection with the affairs of that Union territory; (b) if he is deemed to have been allocated to the Union in connection with the administration of the successor Union territory, shall be deemed to have been rendered in connection with the affairs of the Union, for the purposes of the rules regulating his conditions of service. (3) The provisions of section 89 shall not apply in relation to members of any All-India Service. **91.** **Provisions as to continuance of officers in same post.—Every person who, immediately** before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the existing State of Jammu and Kashmir in any area which on that day falls within one of the successor Union territory shall continue to hold the same post or office in that successor Union territory, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in, that successor Union territory: Provided that nothing in this section shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to such person any order affecting the continuance in such post or office. **92.** **Provision for employees of Public Sector Undertakings, etc.—On and from the appointed** day, the employees of State Public Sector Undertakings, corporations and other autonomous bodies shall continue to function in such undertaking, corporation or autonomous bodies for a period of one year and during this period the corporate body concerned shall determine the modalities for distributing the personnel between the successor Union territories. **93.** **Provisions as to State Public Service Commission.—(1) The Public Service Commission for** the existing State of Jammu and Kashmir shall, on and from the appointed day, be the Public Service Commission for the Union territory of Jammu and Kashmir. (2) The Union Public Service Commission, with the approval of the President, shall serve the needs of the Union territory of Ladakh. (3) The persons holding office immediately before the appointed day as the Chairman or other member of the Public Service Commission for the existing State of Jammu and Kashmir shall, as from the appointed day, be the Chairman or, as the case may be, the other member of the Public Service Commission for the Union territory of Jammu and Kashmir. (4) Every person who becomes the Chairman or other member of the Public Service Commission for the Union territory of Jammu and Kashmir on the appointed day under sub-section (3) shall be entitled to receive from the Government of the Union territory of Jammu and Kashmir, conditions of 30 ----- service not less favourable than those to which he was entitled under the provisions applicable to him. (5) The report of the Jammu and Kashmir Public Service Commission as to the work done by the Commission in respect of any period prior to the appointed day shall be presented to the Lieutenant Governor of the Union territory of Jammu and Kashmir, and the Lieutenant Governor of the Union territory of Jammu and Kashmir shall, on receipt of such report, cause a copy thereof together with a memorandum explaining as far as possible, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the Union territory of Jammu and Kashmir. PART XIV LEGAL AND MISCELLANEOUS PROVISIONS **94.** **Amendment of section 15 of Act 37 of 1956.—On and from the appointed day, in section 15** of the States Reorganisation Act, 1956, in clause (a), for the words “Jammu and Kashmir” the words “Union territory of Jammu and Kashmir and Union territory of Ladakh” shall be substituted. **95.** **Territorial extent of laws.— (1) All Central laws in Table-1 of the Fifth Schedule to this Act,** on and from the appointed day, shall apply in the manner as provided therein, to the Union territory of Jammu and Kashmir and Union territory of Ladakh. (2) All other laws in Fifth Schedule, applicable to existing State of Jammu and Kashmir immediately before the appointed day, shall apply in the manner as provided therein, to the Union territory of Jammu and Kashmir and Union territory of Ladakh. **96. Power to adapt laws.—For the purpose of facilitating the application in relation to the** successor Union territories, of any law made before the appointed day, as detailed in Fifth Schedule to this Act, the Central Government may, before the expiration of one year from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority. **97. Power to construe laws.—Notwithstanding that no provision or insufficient provision has** been made under section 96 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the Union territory of Jammu and Kashmir or Union territory of Ladakh, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority. **98.** **Power to name authorities, etc., for exercising statutory functions.—The Lieutenant** Governor, as respects the concerned territory may, by notification in the Official Gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly. **99. Legal proceedings.—Where, immediately before the appointed day, the existing State of** Jammu and Kashmir is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment among the successor Union territories under this Act, the Union territory of Jammu and Kashmir or the Union territory of Ladakh which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the existing State of Jammu and Kashmir or added as a party to those proceedings, and the proceedings may continue accordingly. **100. Transfer of pending proceedings.—(1) Every proceeding pending immediately before the** appointed day before a court (other than High Court), tribunal, authority or officer in any area which on that day falls within the State of Jammu and Kashmir shall, if it is a proceeding relating exclusively to the territory, which as from that day are the territories of any Union territory, stand transferred to the corresponding court, tribunal, authority or officer of that Union territory. 31 ----- (2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the common High Court of Jammu and Kashmir and the decision of that High Court shall be final. (3) In this section— (a) proceeding includes any suit, case or appeal; and (b) corresponding court, tribunal authority or officer in any of Union territory means— (i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have laid if it had been instituted after the appointed day; or (ii) in case of doubt, such court, tribunal, authority, or officer in that Union territory, as may be determined after the appointed day by the Government or administration of that Union territory, or the Central Government, as the case may be, or before the appointed day by the Government of the existing State of Jammu and Kashmir to be the corresponding court, tribunal, authority or officer. **101. Right of pleaders to practise in certain cases.—Any person who, immediately before the** appointed day, is enrolled as a pleader entitled to practise in any subordinate court in the existing State of Jammu and Kashmir shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to any of the Union territories. **102. Effect of provisions of the Act inconsistent with other laws.—The provisions of this Act** shall have effect notwithstanding anything inconsistent therewith contained in any other law. **103.** **Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions** of this Act, the President may, by order do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of five years from the appointed day. (2) Every order made under this section shall be laid before each House of Parliament. 32 ----- **The First Schedule** **(See Section 9)** **Union territory of Jammu and Kashmir** **Members of Council of State** **S.No.** **Name of the sitting Member** **Term** 1. Fayaz Mir Mohammad 11/02/2015 to 10/02/2021 2. Laway Shri Nazir Ahmed 16/02/2015 to15/02/2021 3. Manhas Shri Shamsher Singh 11/02/2015 to 10/02/2021 4. Ghulam Nabi Azad 16/02/2015 to 15/02/2021 ----- **The Second Schedule** **[See Section 11(1)]** Amendments to the Delimitation of Parliamentary Constituencies Order, 1976 **Union territory of Jammu and Kashmir** **Parliamentary Constituencies** **S.No.** **Name of the Constituency** **Extent of Constituency** 1. Baramulla Baramulla District 2. Srinagar Srinagar District 3. Anantnag Anantnag District 4. Udhampur Udhampur, Doda and Kathua Districts 5. Jammu Jammu, Rajouri and Poonch Districts **Union territory of Ladakh** **Parliamentary Constituency** **S.No.** **Name of the Constituency** **Extent of Constituency** 1. Ladakh Ladakh District Note.— (i) Any reference in this Schedule to a district shall be taken to mean the area comprised within that district on the 1st day of August, 1975. (ii) As per details included in Delimitation of Parliamentary and Assembly Constituencies Order, 1976 under Articles 81 & 82 of the Constitution of India as applied to the State of Jammu and Kashmir by the Constitution (Application to J&K) Order, 1954 (C.O. 48). ----- **The Third Schedule** **[See Section 14(5)]** Amendments to the Delimitation of Assembly Constituencies Order, 1995 **Union territory of Jammu and Kashmir** **Assembly Constituencies** **S.** **Name of the Assembly** **Extent** **No.** **Constituency** **1** **2** **3** **KUPWARA DISTRICT** 1. Karnah All PCs of Tehsil Karnah; PC Keran of Tehsil Kupwara. 2. Kupwara PCs 18-Sulakot, 20-Radabug, 22-Bumhama, 23-Drugmulla, 25-Gushi, 26-Batergam, 27-Dadikoot, 30-Gulgam, 31-Harrai, 32-Hayan, 33-Trehgam, 34-Guglose, 35-Kralpora, 36-Guzeryal, 37-Gundizona-Reshi, 38-Panzgam, 39-Meelyal, 40-Shooloora, 41-Dardihairi-Kharagund, 42-Kupwara and P.C. 55-Manzgam in Tehsil Handwara. 3. Lolab PCs 1-Harduring, 2-Chontiwari, 3-Machil, 4-Kalaroch, 5-Khumrayal, 6-Kanthpora, 7-Wawoora, 8-Maidanpora, 9-Khurhama, 10-Warnow, 11-Krusan, 12-Sogam, 13-Darapora, 14-Lalpora, 15-Chandigam, 16-Tekipora, 17-Dewar Inderbug, 19-Manigah, 29-Haihama, 45-Dardapora in Kupwara Tehsil. 4. Handwara PCs 8-Maidan Chogal, 28-Taratpora, 29-Wilgam, 30-Lilam, 31-Dulipora, 32-Opzawani, 33-Shogapora, 34-Neelipora, 35-Magam, 36-Jagarpora, 39-Behnipora, 40-Rajpora, 41-Zachaldara, 42-Wadder, 43-Turkapora, 44-Chanjimulla, 45-Wadipora, 46-Bhaki Akhar, 47-Batakoot, 48-Braripora, 49-Waripora Gonipora, 50-Nutanoosa, 51-Kandikhas, 52-Handwara; 53- Dhama, 54-Panchakoot in Tehsil Handwara; and 21-Kegam, 28-Nagrimalpora, 24-Najatpora in Tehsil Kupwara. 5. Langate PCs 1- Langate, 2-Unusu, 3-Pohrupeth, 4-Glura, 5- Martgam, 6-Hanga, 7-Shanoo, 9-Nowgam, 10-Mawar, 11- Qalamchakla, 12- Adura, 13-Haril, 14-Drangsoo-ShahNagri, 15-Udipora, 16- Kralagund, 17-Lokipora, 18-Kichlo Qazipora, 19-Khaipora, 20-Panditpora, 21-Super-Nagam, 22-Ashapora, 23-Safalpora, 24-Kralpora, 25-Deedarpora, 26-Shathgund-Balla, 27-Rawalpora, 37-Wasiakawnar, 38-Lachampora in Tehsil Handwara. **BARAMULLA DISTRICT** 6. Uri All PCs in Tehsil Uri. 7. Rafiabad PCs 11-Chakloo, 12- Nadihal, 13-Shitloo, 15-Biner Kahdoora in Tehsil Baramulla; and PCs 5-Nowpora Kalan, 8-Watergam, 9-Fidarpora, 10-Handipora, 11-Yarbug, 12-Riban-Ramhama, 13-Ladora, 14-Rehama, 15-Chijahama, 16-Wanpora, 17-PanzallaGundabal, 18-Sailkoot, 19-Balhama-Thakanpora, 20-Chatoosa, 21-Dangiwacha, 22-Rawacha, 23-Harduchanam, 24-Bakshipora-Batapora, 25-Zithan, 36- Behrampora, 37-Chitlora, 38- Achabal in Tehsil Sopore. 8. Sopore PCs 1-Sopore with NAC, 2-Warapora, 3-Arampora, 4-Dangerpora, 6-Watalab, 32- Seeloo, 33- Botingoo, 34- Mundji, 35-Duroo, 39-Hardu-Shiva, 41-AadiporaBomai, 42-Wadoora, 40-Tujar-Pahlihar, 43- Harwan, 44- Zaloora in Tehsil Sopore. ----- **1** **2** **3** 9. Gurez All PCs in Tehsil Gurez. 10. Bandipora All PCs in Tehsil Bandipora; and PC 1- Ajas of Tehsil Sonawari. 11. Sonawari All PCs in Tehsil Sonawari excluding PC 1-Ajas. 12. Sangrama PCs 16-Kreeri, 17-Wizar, 18-Authora, 19-Shalakawara, 20-Nowpora-Jagir, 21-Wagoora, 22-Kachumuqam, 24- Manigam, 25-Kalantara-Balla, 26 - Dandmoh, 27- Sultanpora-Kandi in Tehsil Baramulla; and 7-Tarzoo, 26-Hygam, 27-Seer-Jagir, 28-Bulagam, 29-Sangrama, 30-Krank-Shivan, 31-Wagub in Tehsil Sopore. 13. Baramulla PCs 1- Laridora, 2- Heewan, 30 Malapora, 4-Kich-Hama, 50-Ushkara, 6-Khanpora with NAC, 7-Khaja-Bagh, 8-Taki-Sultan, 9-Khaitangan, 10-Delina, 14-Kansipora, 23- Chandoosa in Tehsil Baramulla. 14. Gulmarg All PCs in Teshil Gulmarg; and 2-Wailoo Kralpora, 8-Sriwarpora, 9-Chokar, 10-Waripora-Bangil, 12-Malmoh, 13-Nowlari, 16-Yal in Tehsil Pattan. 15. Pattan Tehsil Pattan excluding 2-Wailoo-Kralpora, 8-Sriwarapora, 9-Chokar, 10-Waripora Bangil, 12-Malmoh, 13-Nowlari and 16-Yal. **SRINAGAR DISTRICT** 16. Kangan All PCs of Tehsil Kangan; and PCs -Manigam, 2-Wailoo, 3-Nunar in Tehsil Ganderwal. 17. Ganderbal Tehsil Ganderbal excluding 1-Manigam, 2-Wailoo, 3-Nunar and P.C. Haran in Srinagar Tehsil. 18. Hazratbal Ward 16 in Srinagar Municipality (excluding Municipal areas not falling in Srinagar Tehsil but falling in Ganderbal Tehsil) and PC 9-Bachpora in Tehsil Ganderbal and Wards 17 and 12 except the following Mohallas of Ward 12; Mugal Mohalla, Surateng, Khawjapora, Kocha Nidan, Zindashah and boat population of these wards. 19. Zadibal Wards 14 and 15 in Srinagar Municipality and boat population of Anchar and of the ghats of these wards. 20. Idgah Wards 8 and 11 in Srinagar Municipality and P.C. 38-Palpora and 41-Sangam in Srinagar Tehsil. 21. Khanyar Wards 10-13 of Srinagar Municipality and the following mohallas of Ward 12-Mugal Mohalla, Surateng, Khawjapora, Zindshah and Kocha Nidan and boat population of these wards. 22. Habbakadal Wards 7 and 9 in Srinagar Municipality and boat population of Wards 6, 7 and 9. 23. Amirakadal Wards 3 and 4 in Srinagar Municipality excluding (i) Natipora (rural), (ii) Rawalpora (rural), (iii) Hyderpora (rural); and excluding Aramwari, Gund Chandal, Stingoo, Sutho Kirther Bagh in Tehsil Chadoora and Watdoor, Galwanpora Laloo and Shesgam Bagh in Tehsil Badgam and boat population of these wards and of Ward 5. 24. Sonawar Wards 1 and 2 in Srinagar Municipality and Badamibagh Cantonment and P.C. 21-Chitrahama, 19-Dara, 29-Khunmu, 30-Balhama, 31-Zewan in Tehsil Sringar and boat population of ghats in these wards. 25. Batamaloo Wards 5 and 6 in Srinagar Municipality; and PCs 6-Mujgund, 42-Bachipora Tengpora in Srinagar Tehsil. ----- **1** **2** **3** **BUDGAM DISTRICT** 26. Chadoora The following Patwar Circles of Tehsil Chadoora, 16-Chadoora, 24-Chattergam, 25-Wagora, 26-Wathura, 27-Khanda, 28-Bugam Batapora, 29-Kralpora, 30-Hayatpora, 31-Pohroo, 32-Rakh Shalina, 33-Bagati Kanipora, 34-Nowgam, 35-Kanihama, 36-Daulatpora, 38-Natipora rural area outside Srinagar Municipal limits in ward 4 and 39-Lasjan and Aramwari, Gund, Chandal Stengoo, Suthoo, Kirtherbagh and 40-Kursu Padshahibagh. 27. Badgam PCs 1-Soibugh, 2-Dhrmana, 3-Wahabpora, 4-Arth, 5-Wadwan, 6-Bemina, 7-Pallar, 8-Garriend Kalan, 9-Sholipra, 10-Nassar-ullah-Pora, 11-Jahama, 12-Water-Wani, 28-Chune, 29-Badgam, 30-Ompora, 31-Narkara, 32-Humhama, 35-Karewa Damodar, 36-Gund-Sathu, 37-Ichakoot, 38-Ichgam, 33-Rawalpora (rural), 34Hyderpora (rural) in Badgam Tehsil. 28. Beerwah PCs 1-Suzeth-Gooripora, 2-Kawoosa Khalisa, 3-Kawoosa Jagir, 4-Batapora Kahihama, 5-Sanoor-Kalipora, 6-Hardu Malpora, 7-Bandagam, 8-Utligam, 9-MulaShulla, 10-Sonapah, 12-Gondipora, 21-Shanglipora, 22-Khag, 23-Malpora Khag, 24-Himchipora, 25-Lalpora, 26-Beerwah, 27-Chewdara, 28-Peth Mukahama, 29-Rathusun, 30-Bona Makhama, 31-Nagam, 32-Iskanderpora, 33-Aripanthan, 34-Palpora, 36-Hardua-Shorsh in Tehsil Beerwah. 29. Khansahib PCs 1-Hokhalatri, 13-Phartahn, 14-Kandoora, 15-Drahg, 16-Sitaharan, 17-Zogikharian, 18-Arizal, 19-Qamroo, 20-Rawalpora-Beerwah; and PC 35- Sail in Tehsil Berwah; and PCs 13-Waterhail, 14-Jawalapora, 15-Sondipora, 16-Dalipora, 17-Yari Khah, 18-Talapora, 19-Parnawah, 20-Drayagram, 21-Frestwar Khasipora, 22-Arigam, 23-Khan Sahib, 24-Raithan, 25-Kachwari, 26-Gurwait Kalan, 27-Falchall in Tehsil Budgam. 30. Chrar-i-Sharief PCs 1-Gogji Pathari, 2-Brinjan, 3-Hafroo Batapora, 4-Branawar, 5-Surasyar, 6-DadaOmpara, 7-Hanjura, 8-Nowpora, 9-Pakharpora, 10-Hardu Dalwan Futlipora, 11-Teelsarah, 12-Chrar-i-Sharief, 13-Watkaloo, 14-Darawan Nowgam, 15-Chtsesn, 17-Nagam, 18-Badipora, 19-Yarikalan, 20-Ropora Namtihal, 21-Kanir, 22-Ranger, 23-Sogam, 37-Nowhar in Tehsil Chadoora. **PULWAMA DISTRICT** 31. Tral All PCs in Tehsil Tral. 32. Pampore All PCs in Tehsil Pampore and Patwar Circles 26-Awantipora, 27-Padgampora, 29-Lilhar, 46-Nihama, 47-Kakapora in Tehsil Pulwama. 33. Pulwama PCs 1-Inder, 2-Gangoo, 5-Pulwama with NAC, 9-Ratnipora, 10-Pahoo, 11-Trich, 12-Koil, 13-Pinglina, 14-Narwa, 17-Litter-Shistar, 18-Nayina, 19-Panzgam, 20-Dogripora, 21-Rishipora, 22-Laderpur, 23-Nownagri, 24-Tokna, 25-Malangpora, 28-Lajoora, 40-Palapora, 45-Newa, 48-Jagir Parigam, 49-Tumchi Nowpora, 50-Hakripora in Tehsil Pulwama. 34. Rajpora PCs 3-Karimabad, 4-Moran, 6-Kangan, 7-Wahibugh, 8-Gosoo, 15-Bonarah, 16-Trichal, 30-Ramoo, 31-Billowdergund, 32-Qasbayar, 33-Drubgam, 34-Mitrigam, 35-Abhama, 36-Trujan, 37-Khaigam, 38-Noorpora Payeen, 39-Arihal, 41-TahabShadipora, 42-Achan, 43-Chandigam, 44-Rajpora in Tehsil Pulwama. 35. Wachi PCs 8-Kalroo Malikgund, 9-Nadigam, 11-Dangerpora, 12-Turka Wangam, 13-Urapora, 14-Hardu-Handow, 15-Harmain, 16-Chak-Chowand, 17-Kapran, 19-Dangam, 20-Chakora, 21-Pratabpora, 24-Kanji-Ullar, 25-Chitragam,, 26-Darikalpora, 27-Hef, 28-Sugan, 29-Awnera, 30-Wachi, 31-Aglar, 32-Zainapora, and 39-AllowporaSheikhpora in Tehsil Shopian. ----- **1** **2** **3** 36. Shopian PCs 1-Saidapora, 2-Meemandar, 3-Arhama, 4-Pinjoora, 5-Ganowpora Arish, 6-Bemnipora, 7-Harapora, 10-Trenz, 18-Vehilchal-Awatoo, 22-Sedew, 23-Ram Nagri, 33-Diyaroo, 34-Barthipora, 35-Daramdoora, 36-Zoora-Baderhama, 37-Narapora, 38-Keegam, 40-Keller Mastpora, 41-Pahlipora, 42-Sindhu-Shrimal, 43-Shopian, 44-Devipora (forest block) in Tehsil Shopian. **ANANTNAG DISTRICT** 37. Noorabad. PCs 5-Malwan, 6-Pahloo, 7-Akhal, 23-Gudder, 34-Brinal Lamber, 46-DamhalHanjipora, 47-Ahmada-Abad, 48-Yaroo, 49-Hardu-Mandagori, 51-Manzgam, 52-Asnoor, 53-Wattoo, 54-Avil, 55-Khuri-Batapora, 56-Nagam, 57-Danow-Kandimarg, 58-Bdi-Jehalan, 59-Chimar, 60-Qasba Khul, 61-Nandimarg in Tehsil Kulgam. 38. Kulgam PCs 1-Kulgam with NAC, 2-Hanad-Chawalgam, 3-Amnoo, 4-Chamabagund, 11-Ashmuji, 19-Mirhama, 20-Akey, 21-Pariwan, 22-Chehla, 24-Areh, 25-Bihibagh, 26-Gopalpora, 38-Bugam, 39-Tarigam-Devsar, 43-Yamroch, 44-Munand-Guffan, 45-Katersoo, 50-Largurhama in Tehsil Kulgam. 39. Home-Shalibugh PCs 8-Uranhal, 9-Tuli-Nowpora, 10-Kujar, 12-Redwani, 13-Arwani, 14-Frisal, 15-Jablipora, 16-Wanpora, 17-Hassanpora Tavela, 18-Khandi-Phari, 40-TarigamDevibugh, 41-Matibugh, 42-Homshalibugh in Tehsil Kulgam. 40. Anantnag PCs 1-Qasba Bhagat, 2-Khanabal, 3-Roohoo, 4-Kamar, 5-Anchidoora, 6-HarduChichan, 10-Ranbirpora in Tehsil Anantnag. 41. Devsar PCs 27-Devsar, 28-Bona Devsar, 29-Kilam-Buzgam, 30-Hablishi, 31-Nipora, 32-LaramGanipora, 33-Chowgam, 35-Razloo, 36-Waitengu, 37-Sopat Tengpora, 62-Oral in Tehsil Kulgam; and PCs 18-Vesoo, 19-Nasoo-Badargund, 20-Panzeth, 21-Kurigam, 23- Qazigund with NAC in Doru Tehsil. 42. Doru PCs 1-Doru, 2-Bragam, 3-Oibamdooth, 4-Mantpora, 5-Larkipora, 6-Hakura,Badasgam, 7-Batgund, 8-Verinag, 9-Sadiwara, 10-Mundah, 11-Hiller, 12-Nowgam Shahabad, 13-Rain-Chowgund, 14-Thamankoot, 15-Qamar, 16-Halsidar, 17-Kapron, 22-Wangund in Tehsil Doru. 43. Kokernag PCs 28-Saagam, 29-Bider-Hayatpora, 30-Bhai, 31-Akingam, 32-Nagam, 33-Soof-Shali, 34-Panzgam, 35-Bindo-Zulangam, 36-Devalgam, 37-Nalla-Sund-Brari, 38-Lohar-Sanzi, 39-Ahlan-Gadol, 40-Kharatti, 41-Desoo, 42-Kharapora, 43-Qasba-Nowbugh, 44-Mati Hundoo, 45-Larnoo, 46-Kokernag NAC, 47-Achabal NAC in Tehsil Anantnag. 44. Shangus PCs 13-Sahibabad, 14-Nowgam, 15-Imoh, 16-Brakapora, 17-Shangus, 18-Uttarsoo, 19-Kreri, 20-Chatergul, 21-Ghikalpora, 22-Ranipora, 23-Detho-Nagnarian, 24-Gopalpora, 25-Telwani, 26-Kwarigam, 27-Ahupaisan in Tehsil Anantnag. 45. Bijbehara All PCs in Tehsil Bijbehara and PCs 7-Macha Bawan, 11-Nanilang, 12-Akora in Tehsil Anantnag. 46. Pahalgam All PCs in Tehsil Pahalgam and PCs 8-Seer-Kanligund, 9-Salia in Tehsil Anantnag. **DODA DISTRICT** 47. Kishtwar PCs 1-Marghi, 2-Inshan, 3-Yerudu, 4-Renai, 5-Nowpachi, 6-Chanjer, 7-Qaderana, 8-Deharana, 9-Lopara, 10-Loharna, 11-Soundhar, 19-Palmar, 30-Trigam, 31-Kishtwar, 32-Matta, 33-Poochal, 34-Dool, 35-Bhagnah, 36-Galarbahta, 37-Atholi, 38-Sohal, 39-Ishtiari, 40-Gulabgarh, 41-Massu, 42-Kishtwar NAC, 43-Forest Block in Tehsil Kishtwar. 48. Inderwal PCs 12-Chingam, 13-Inderwal, 14-Chatroo, 15-Sigdi, 16-Moolchhiter, 17-Drubeel, 18-Kochal, 20-Filler, 21-Pakhalan, 22-Keshwan, 23-Shandri, 24-Sangna, 25-Patnazi, 38 ----- **1** **2** **3** 26-Jawalapur, 27-Loundri, 28-Badhat and 29-Karool in Tehsil Kishtwar; PCs 1-Jakyas in Tehsil Bhalesa (Gandoh) and following PCs of Tehsil Thathri:— 1-Jangalwar, 3-Malanoo, 4-Kansu, 10-Kandote. 49. Doda All PCs of Tehsil Doda except 8-Dessa, 9-Dhandal, 10-Kastigarh, 11-Shamti, 12-Chaka Kundi, 13-Assar, 14-Charrota. 50. Bhaderwah All PCs of Tehsil Bhaderwah and PCs 2-Budhli, 3-Chilli, 4-Drawani, 5-Kahal Jugasar, 6-Budwar, 7-Chanisar, 8-Kilotran, 9-Kharangal, 10-Gandoh in Tehsil Bhalesa ; and PCs 2-Jora, 5-Bhaja, 6-Bhalla, 7-Jagiti, 8-Bhallari, 9-Rokali, 11-Pamshayee in Tehsil Thathri. 51. Ramban (SC) All PCs of Tehsil Ramban except 5-Sarbagni and PCs of 8-Dessa, 9-Dhandhal, 10-Kastigarh, 11-Shamti, 12-Chaka, 13-Assar, 14-Charrota of Tehsil Doda. 52. Banihal All PCs of Tehsil Banihal and 5-Sarbagni in Tehsil Ramban. **UDHAMPUR DISTRICT** 53. Gulabgarh PCs 2-Mahore, 2-Sarh, 3-Dewal, 4-Gulabgarh, 5-Chasote, 6-Bagankote, 7-Shergarhi, 8-Shikari, 9-Kanthi, 10-Tulibana, 13-Shajroo in Tehsil Gulabgarh and PC 16-Jij in Tehsil Reasi. 54. Reasi Tehsil Reasi except following PCs:— 1. Salal, 15-Chinkah, 16-Jij, 17-Thakrakote and following PCs of Tehsil Udhampur:— 13-Panjar, 14-Lali, 15-Ladah, 17-Dhandu, 18-Jhandawa, 32-Badhota and 19-Suhal. 55. Gool Arnas Following PCs of Tehsil Gool Gulabgarh:— 11-Thuru, 12-Bhudhan, 14-Kanthan, 15-Judda, 16-Dhanow, 17-Kali Masta, 18-Gool, 19-Thatharka, 20-Sangaldan, 21-Forest Block ; and 1-Salal, 15-Chinkah, 17-Thakrakote in Tehsil Reasi. 56. Udhampur All PCs of Tehsil Udhampur except the following PCs:— 13-Panjar, 14-Lali, 15-Ladha, 17-Dhandu, 18-Jhandawa, 19-Suhal, 20-Ludha, 21-Balian, 27-Sunal, 29-Meer, 30-Kathi, 32-Badhota. 57. Chenani (SC) All PCs of Tehsil Chenani and following PCs of Tehsil Udhampur:— 20-Ladha, 21-Balian, 27-Sunal, 29-Meer, 30-Kathi and following PCs of Tehsil Ramnagar. 10-Dudu, 11-Latti, 31-Ghordi, 33-Hartarian, 34-Dandal, 35-Barmeen, 36-Nalla Ghoran. 58. Ramnagar All PCs of Tehsil Ramnagar except the following:— 10-Dudu, 11-Latti, 31-Ghordi, 33-Hartarian, 34-Dhandal, 35-Barmeen, 36-Nala Ghoran. **KATHUA DISTRICT** 59. Bani PCs 14-Bani, 15-Banjal, 16-Fatehpur, 17-Sandroon, 18-Rolka, 19-Buggah, 20-Lowang, 21-Kanthal, 22-Surjan, 23-Dhanggar, 24-Koti, 25-Forest Block in Tehsil Basohli and 9-Godu Flal, 10-Bdnota, 11-Machadi, 20-Malhar in Tehsil Billawar. 60. Basohli PCs 1-Thein, 2-Basantpur, 3-Lakhanpur, 4-Hatli, 7-Tridwan, 36-Lakhanpur NAC, 29-Berthian and 30-Sorlian in Tehsil Kathua and PCs 1-Basohli, 1-a-Basohli NAC, 2-Sandhar, 3-Hutt, 4-Bhoond, 5-Saman, 6-Dhar Jankar, 7-Dhar Mahanpur, 8-Plahi, 9-Prita, 10- Saber, 11-Patti, 12-Athalith, 13-Mahanpur in Tehsil Basohli and PCs 21-Dhar Digno, 22-Huttar, 23-Dambra in Tehsil Billawar. ----- **1** **2** **3** 61. Kathua PCs 5-Dilwan, 6-Maha, 8-Kharote, 9-Taraf Manjili, 10-Taraf Tajwal, 11-Karian, 12-Taraf Bajwal, 13-Changran, 14-Govindsar, 15-Chak Soon Noopa, 16-Khakhyal, 17-Mirpur Ram, 18-Taraf Balla, 20-Katharian, 21-Janglote, 22-Loagate, 23-Jakhbar, 24-Airwan, 26-Chak Sakta, 27-Budhi, 28-Nanan, 31-Barwal, 32-Jherhere, 33-Kathua Forest Block, 34-Kathua NAC, 35-Perlain and 25-Folote in Tehsil Kathua. 62. Billawar PCs 11-Katli, 17-Bhaya, 21-Denga Amb, 23-Dhamal, 25-Mangloor, 26-Chelakh, 27-Salain in Tehsil Hiranagar and PCs 1-Ramkot, 2-Makwal, 3-Salora, 4-Rajwlta, 5-Danjisdhar, 6-Thara Kalwal, 7-Kalyal, 8-Thanthoo, 12-Kohag, 13-Malti, 14-Durang, 15-Dharan Kote, 16-Bhaddu, 17-Billawar, 18-Billawar NAC, 19-Buggan, 24-Parnala, 25-Pallan in Tehsil Billawar and PC 19-Juthana in Tehsil Kathua. 63. Hiranagar (SC) 1-Jatwal, 2-Nonath, 3-Ghagwal, 4-Sarath, 5-Bhatyari Kotlan, 6-Sanoora, 7-Mawa, 8-Nohran, 9-Chachwal, 10-Sarti Kalan, 12-Chak Dulma, 13-Jondi, 14-Londi, 15-Rajpura, 16-Kootah, 18-Gurah Mathian, 19-Bavia, 20-Katal Brahmana, 24-Hamirpur, 28-Chhan Rorian, 29-Marheen, 22-Saiswan, 30-Khanpur, 31-Hiranagar, 32-Hiranagar NAC, 33-Pansar, 34-Kore Punu, 35-Chak Deva, 36-Chak Bhagwana, 37-Chak Kahna, 38-Chadwal, 39-Forest Block in Tehsil Hiranagar. **JAMMU DISTRICT** 64. Samba (SC) PCs 1-NAC Samba, 2-Samba Khas, 3-Taloor, 4-Amli, 5-Durin, 6-Katli, 7-Ram Nagar, 8-Pingdore, 11-Sunian, 10-Sarna, 12-Bhartgarh, 13-Suran, 14-Goran, 15-Balhter, 17-Katwalta, 18-Kharah Madena, 21-Baghore, 22-Purmandal, 24-Mohar Garh, 25-Badhari, 26-Kard in Tehsil Samba and PC 28-Chaudi in Jammu Tehsil. 65. Vijaypur PCs 9-Khanpur, 20-Vijaypur, 23-Gurah Salathian, 28-Harmander, 29-Chak Salarian, 30-Nanga, 31-Logwal, 32-Keso Manhasan, 33-Ramgarh, 34-Gho-Brahmana, 35 Chak Chataka, 36-Chann Fatwal, 37-Abtal, 38-Swankha, 39-Mahal Shan, 40-Rari, 41-Smailpur, 27-Birpur, 42-Tarore, 43-Bagla, 44-Gandwal in Tehsil Samba. 66. Nagrota PCs 39-Ranjan, 40-Sarote, 41-Jandial, 42-Gorda, 44-Nagrota, 45-Dansal, 46-Jhajar Kotli, 47-Thara, 48-Bamyal, 49-Katal Batal, 50-Shiba, 51-Jagti, 52-Jindrah, 53-Kanyala, 54-Kothar, 55-Kharte, 56-Dhan, 57-Songoon, 58-Ponthal, 59-Surinsar in Tehsil Jammu and PCs 16-Bain Bajalta, 19-Aitham in Tehsil Samba. 67. Gandhinagar Ward-16 (Gandhinagar), Ward-17 (Naibasti), Ward-22 (Chhani Rama), Ward-23 (Bahu), 24-Digiana, 26-Bahu, 27-Sunjwan, 29-Gadigarh, 30-Satwari in Tehsil Jammu. 68. Jammu East Wards 1 to 6, 9, 10, 12 and 15. 69. Jammu West Wards 7, 8, 11, 13, 14, 18, 19, 20 and 21. 70. Bishnah All PCs in Tehsil Bishnah and 25-Naugran in Tehsil Jammu. 71. R.S. Pura (SC) PCs 1-Salhar, 2-Rathana, 3-Kandlihar, 4-Khour, 5-Kalyana, 14-R.S. Pura with NAC, 15-Khas Gigian, 16-Chohalla, 19-Kirpind, 20-Kotli Shah Dula, 25-Marlia, 24-Darsopur, 35-Gondla in Tehsil R.S. Pura. 72. Suchetgarh PCs 6-Dablihar, 7-Magowali, 8-Parlah, 9-Chak Baza, 10-Nekowal, 11-Jevroh, 12-Saie Kalan, 13-Chak Mulo, 17-Badyal Brahmana, 18-Jssore, 21-Chak Agra, 22-Fatehpur Brahmana, 25-Samka, 26-Baspur, 27-Rangpur Malana, 28-Suchetgarh, 29-Chandu Chak, 30-Satowali, 31-Grarana, 32-Badyal Qazian, 33-Abdal, 34-Chakroi in Tehsil R.S. Pura. 73. Marh PCs 60-Prahaladpur, 61-Mandal, 62-Sum, 65-Gho Manhasan, 66-Sohanjana, 67-Thub, 68-Sahran, 69-Rathua, 70-Chanore, 71-Makwal, 72-Gool, 74-Gajansoo, 75-Kalyanpur, 76-Kahnachak, 77-Marh, 78-Gangoo Chak, 79-Kalrup, 80-Dhateryal, 31-Flora Nagbani in Tehsil Jammu. ----- **1** **2** **3** 74. Raipur Domana (SC) PCs 31-Paloura, 32-Muthi, 33-Barn, 34-Siri Panditan, 35-Gharota, 36-Raipur Domana, 37-Kot Bhalwal, 38-Amb, 43-Kaink, 63-Hakkal, 64-Khandwal, 73-Bhadora, 82-Panjore in Tehsil Jammu. 75. Akhnoor PCs 1-Chowki, 2-Choura, 3-Kathar, 4-Mandarian, 8-Narri, 6-Ambaran, 7-Barui, 9-Ganderwan, 10-Manda, 11-Akhnoor Khas, 12-Sungal, 13-Pangairi, 14-Devipur, 15-Chak Kirpalpur, 16-Jadh, 17-Muthi Maira, 18-Rakh Dhoke, 19-Saliote, 20-Ghar Majoor, 21-Mawa Brahmana, 22-Leherian in Tehsil Akhnoor. 76. Chhamb (SC) PCs 8-Mattoo, 24-Gurah Manhasan, 25-Sarwal, 23-Pargwal, 26-Bhalwal Malu, 27-Hamirpur, 28-Bakore, 29-Chak Malal, 30-Derian, 31-Sainth, 32-Gigarial, 33-Khour, 34-Kot Mera, 35-Palanwala, 36-Kharah, 37-Nathal, 38- Doori, 39-Chhani Dewanoo, 40-Samuan, 41-Chakla in Tehsil Akhnoor. **RAJOURI DISTRICT** 77. Nowshera All PCs of Tehsil Nowshara except 11-Narian and all PCs of Tehsil Sunderbani. 78. Darhal All PCs of Tehsil Budhal except 3-Khawas, 6-Kote Chalwal and following PCs of Tehsil Thanamandi :— 5-Darhal, 6-Chowdian, 7-Nadian, 8-Ujhan ; and PC 4-Nagrota in Tehsil Rajouri. 79. Rajouri Following PCs of Tehsil Rajouri :— 1-Gambir Muglan, 2-Dani-Dhar, 7-Bathooni, 8-Sarola, 9-Sohana, 10-Doongi Brahmana, 11-Katarmal, 12-Deri Delote, 13-Panj Grain, 14-Galhoti, 15-Fatehpur, 17-Bagla, 19-Rampur with NAC Rajouri with following PCs of Thanamandi Tehsil:— 1-Dodasan Balla, 2-Saaj, 3-Shahdara Sharief, 4-Hosplote, 10-Thanamandi with NAC and 9-Bharote. 80. Kalakote All PCs of Tehsil Kalakote and following PCs of Tehsil Rajouri :— 2-Dalhari, 3-Dhangri, 6-Potha Grlana, 16-Khanpur Chingus, 18-Bhadoon and PC 11-Narian of Tehsil Nowshera ; and 3-Khaskote Chalwal of Budhal Tehsil. **POONCH DISTRICT** 81. Surankote All PCs in Surankote Tehsil and PCs 12-Rajpur, 21-Shindra, 22-Seri-Khawja in Poonch Tehsil. 82. Mendhar All PCs of Tehsil Mendhar. 83. Poonch Haveli All PCs of Tehsil Poonch except 12-Rajpur, 21-Shindra, 22-Sheri Khawja. _Note.—Any reference in this table to a Tehsil, Patwar Circle (P.C.), Ward or N.A.C. (Notified Area Committee) shall be taken_ to mean the area comprised within that Tehsil, Patwar Circle, Notified Area Committee or Ward as on 1-4-1995. ----- **The Fourth Schedule** **(See Sections 16, 24 and 54)** **FORMS OF OATHS OR AFFIRMATIONS** I FORM OF OATH OR AFFIRMATION TO BE MADE BYA CANDIDATE FOR ELECTION TO THE LEGISLATIVE ASSEMBLY OF THE UNION TERRITORY OF JAMMU AND KASHMIR “I, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly of do swear in the name of God/ solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.” II FORM OF OATH OR AFFIRMATION TO BE MADE BYA MEMBER OF THE LEGISLATIVE ASSEMBLY OF THE UNION TERRITORY OF JAMMU AND KASHMIR “I, A.B., having been elected (or nominated) a member of the Legislative Assembly of do swear in the name of God/ solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.” III FORM OF OATH OF OFFICE FOR A MEMBER OF THE COUNCIL OF MINISTERS OF THE UNION TERRITORY OF JAMMU AND KASHMIR “I, A.B., do swear in the name of God/ solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the Union territory of, and that I will do right to all manner of people in accordance with the Constitution and the law without fear and favour, affection or ill-will.” IV FORM OF OATH OF SECRECY FOR A MEMBER OF THE COUNCIL OF MINISTERS OF THE UNION TERRITORY OF JAMMU AND KASHMIR “I, A.B., do swear in the name of God/ solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union territory of, except as may be required for the due discharge of my duties as such Minister.” ----- **The Fifth Schedule** **(See Sections 95 and 96)** **TABLE - 1** **CENTRAL LAWS MADE APPLICABLE TO THE UNION TERRITORY OF JAMMU AND KASHMIR; AND** **UNION TERRITORY OF LADAKH** **S.No.** **Name of the Act** **Section/Amendments** 1. The Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 2. The Administrative Tribunal Act, 1985. Clause (b) of sub-section (2) of section 1 shall be Omitted. 3. The Anand Marriage Act, 1909. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 4. The Arbitration and Conciliation Act, 1996. Proviso to sub-section (2) of section 1 shall be omitted. 5. The Prohibition of Benami Property Transactions Act, 1988. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 6. The Charitable Endowment Act, 1890. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 7. The Chit Funds Act, 1982. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 8. The Code of Civil Procedure, 1908. Clause (a) of sub-section (3) of section 1 shall be omitted. 9. The Code of Criminal Procedure, 1973. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 10. The Commercial Courts Act, 2015. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 11. The Commissions for Protection of Child Rights Act, 2006. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 12. The Commissions of Inquiry Act, 1952. Proviso to sub-section (2) of section 1 shall be omitted. 13. The Consumer Protection Act, 1986. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 14. The Contempt of Courts Act, 1971. Proviso to sub-section (2) of section 1 shall be omitted. 15. The Delimitation Act, 2002. As amended by this Act. 16. The Dissolution of Muslim Marriages Act, 1939. 17. The Disturbed Areas (Special Courts) Act, 1976. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 18. The Dowry Prohibition Act, 1961. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 19. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 20 The Easements Act, 1891. Extended as whole. ----- **S.No.** **Name of the Act** **Section/Amendments** 21. The Electricity Act, 2003. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 22. The Employees Provident Funds and Miscellaneous Provisions Act, 1952. 23. The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. Extended as whole. 24. The Enemy Property Act, 1968. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 25. The Energy Conservation Act, 2001. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 26. The Family Courts Act, 1984. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 27. The Fatal Accidents Act, 1855. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 28. The Forest (Conservation) Act, 1980. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 29. The General Clauses Act, 1897. Extended as whole. 30. The Governors (Emoluments, Allowances and Privileges) Act, 1982. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 31. The Gram Nyayalayas Act, 2009. In sub-section (2) of section 1, words, “the State of Jammu and Kashmir” shall be omitted. 32. The Guardians and Wards Act, 1890. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 33. The Hindu Adoptions and Maintenance Act, 1956. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 34. The Hindu Disposition of Property Act, 1916. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 35. The Hindu Marriage Act, 1955. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 36. The Hindu Minority and Guardianship Act, 1956. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 37. The Hindu Succession Act, 1956. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 38. The Identification of Prisoners Act, 1920. Extended as whole. 39. The Indecent Representation of Women (Prohibition) Act, 1986. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 40. 1The Boilers Act, 1923. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 41. The Indian Christian Marriage Act, 1872. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 42. The Indian Contract Act, 1872. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. ----- **S.No.** **Name of the Act** **Section/Amendments** 43. The Indian Easements Act, 1882. Extended as whole. 44. The Indian Evidence Act, 1872. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 45. The Indian Forest Act, 1927. Extended as whole. 46. The Indian Nursing Council Act, 1947. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 47. The Indian Partnership Act, 1932. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 48. The Indian Penal Code, 1860. In section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 49. The Indian Stamp Act, 1899. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 50. The Indian Succession Act, 1925. Extended as whole. 51. The Indian Trusts Act, 1882. In section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 52. The Indian Veterinary Council Act, 1984. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 53. The Judges Protection Act, 1985. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 54. The Judicial Officers Protection Act, 1850. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 55. The Juvenile Justice (Care and Protection of Children) Act, 2015. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 56. The Legal Services Authorities Act, 1987. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 57. The Limitation Act, 1963. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 58. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 59. The Majority Act, 1875. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 60. The Medical Termination of Pregnancy Act, 1971. 61. The Muslim Personal Law (Shariat) Application Act, 1937. 62. The Muslim Women (Protection of Rights on Divorce) Act, 1986. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 63. The National Commission for Minorities Act, 1992. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 64. The National Commission for Minority Educational Institutions Act, 2004. 65. The National Commission for Safai Karamcharis Act, 1993. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. ----- **S.No.** **Name of the Act** **Section/Amendments** 66. The National Commission for Women Act, 1990. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 67. The National Council for Teacher Education Act, 1993. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 67-A The National Security Act, 1980. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 68. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 69. The Oaths Act, 1969. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 70. The Partition Act, 1893. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 71. The Pharmacy Act, 1948. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 72. The Powers-of-Attorney Act, 1882. In section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 73. The Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. 74. The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 75. The Prevention of Corruption Act, 1988. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 76. The Prevention of Cruelty to Animals Act, 1960. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 77. The Prevention of Damage to Public Property Act, 1984. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 78. The Prisoners Act, 1900. Extended as whole. 79. The Prisons Act, 1894. Extended as whole. 80. The Private Security Agencies (Regulation) Act, 2005. 81. The Prize Chits and Money Circulation Scheme (Banning) Act, 1978. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 82. The Probation of Offenders Act, 1958. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 83. The Prohibition of Child Marriage Act, 2006. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 84. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. 85. The Protection of Children From Sexual Offences Act, 2012. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. ----- **S.No.** **Name of the Act** **Section/Amendments** 86. The Protection of Human Rights Act, 1993. Proviso to sub-section (2) of section 1 shall be omitted. 87. The Protection of Women from Domestic Violence Act, 2005. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 88. The Public Gambling Act, 1867. Extended as whole. 89. The Public Records Act, 1993. Extended as whole. 90. The Registration Act, 1908. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 91. The Religious Endowments Act, 1863. Extended as whole. 92. The Religious Institutions (Prevention of Misuse) Act, 1988. 93. The Right of Children to Free and Compulsory Education Act, 2009. 94. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 94A. The Representation of People Act, 1951. In Section (2), (i) In sub-section (1) in clause (d), the words “other than the State of Jammu and Kashmir” shall be omitted; and (ii) Sub-section (5) shall be omitted. 95. The Right to Information Act, 2005. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 96. The Sale of Goods Act, 1930. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 97. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2007. 98. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 99. The Special Marriage Act, 1954. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 100. The Specific Relief Act, 1963. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 101. The Suits Valuation Act, 1887. Extended as whole. 102. The Transfer of Property Act, 1882. Extended as whole. 103. The Transplantation of Human Organs and Tissues Act, 1994. Extended as whole. 104. The Wakf Act, 1995. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 105. The Whistle Blowers Protection Act, 2014. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. 106. The Wild Life (Protection) Act, 1972. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. ----- **TABLE-2** **STATE LAWS WHICH SHALL BE APPLICABLE TO THE UNION TERRITORY OF JAMMU AND KASHMIR** **AND UNION TERRITORY OF LADAKH WITH AMENDMENTS** **S.No.** **Year** **No.** **Short title** **Amendments** **1** **2** **3** **4** **5** 1[* - - - *] 2. Svt 1995 (1938 AD) 3. Svt 2007 (1950 AD) V The Jammu and Kashmir Alienation of Land Act XVII The Jammu and Kashmir Big Landed Estates Abolition Act 4. 1960 XXXVIII The Jammu and Kashmir Land Grants Act 5. 1976 XVII The Jammu and Kashmir Agrarian Reforms Act 6. 1989 X The Jammu and Kashmir Cooperative Societies Act 7. 2004 XIV The Jammu and Kashmir Reservation Act Section 4 and section 4-A shall be omitted; Section 20-A shall be omitted. A. Provisos to sub-section 1 of section 4 shall be omitted; and B. Clause (i) of sub-section 2 of section 4 shall be omitted. Section 17 shall be omitted. Sub-Clause (ii) of clause (a) of sub-section (1) of section 17 shall be omitted. A. In section 2 after clause (g), the following clause shall be inserted namely:— “(ga) “economically weaker sections” means such categories as may be notified by the Government from time to time, on the basis of family income and other indicators of economic disadvantage, other than the classes or categories defined in clauses (m), (n) and (o)”; B. In section 3, in sub-section (1),— (i) in clause (a), the word “and” occurring at the end shall be omitted; (ii) in clause (b), for the words “backward classes:”, the words “backward classes; and” shall be substituted; (iii) after clause (b), the following clause shall be inserted, namely:— “(c) economically weaker sections:”; (iv) in the first proviso, for the words “the total percentage of reservation”, the words, brackets and letters “the total percentage of reservation provided in clauses (a) and (b)” shall be substituted; (v) in the second proviso, for the words “Provided further that”, the following shall be substituted, namely:— ----- **1** **2** **3** **4** **5** “Provided further that the reservation in appointments in favour of the persons belonging to economically weaker sections shall be in addition to the existing reservation as provided in this subsection and shall be subject to a maximum of ten per cent. of the posts in each category: Provided also that”. C. In section 9, in sub-section (1),— (i) for the portion beginning with “shall reserve” and ending with “from time to time;”, the following shall be substituted, namely:— “shall reserve seats in the Professional Institutions for candidates belonging to,— (a) reserved categories and such other classes or categories as may be notified from time to time; and (b) economically weaker sections:”; (ii) in the proviso, for the words “the total percentage of reservation”, the words, brackets and letter “the total percentage of reservation provided in clause (a)” shall be substituted; (iii) after the proviso, the following proviso shall be inserted, namely:— “Provided further that the reservation in the Professional Institutions in favour of the persons belonging to economically weaker sections shall be in addition to the existing reservation as provided in this subsection and shall be subject to a maximum of ten per cent. of the seats in each category.”. ----- **TABLE-3** **STATE LAWS INCLUDING GOVERNOR'S ACTS WHICH ARE REPEALED IN UNION TERRITORY OF** **JAMMU AND KASHMIR; AND UNION TERRITORY OF LADAKH** **S.No.** **Name of the Act** **Act/Ordinance No.** 1. The Jammu and Kashmir Accountability Commission Act, 2002. XXXVIII of 2002 2. The Jammu and Kashmir Advocates Welfare Fund Act, 1997. XXVI of 1997 3. The Jammu and Kashmir Agricultural Income Tax Act, 1962. XXI of 1962 4. The Jammu and Kashmir [State] Agricultural Produce Marketing Regulation XXXVI of 1997 Act, 1997. 5. The Jammu and Kashmir Anand Marriage Act, 1954. IX of 2011 6. The Jammu and Kashmir Animal Diseases (Control) Act, 1949. XV of 2006 7. The Jammu and Kashmir Apartment Ownership Act, 1989. I of 1989 8. The Jammu and Kashmir Arbitration and Conciliation Act, 1997. XXXV of 1997 9. The Jammu and Kashmir Arya Samajist Marriages (Validation) Act, 1942. III of Svt. 1999 10. The Jammu and Kashmir Ayurvedic and Unani Practitioners Act, 1959. XXVI of 1959 11. The Jammu and Kashmir Banker's Books Evidence Act, 1920. VI of 1977 12. The Jammu and Kashmir Benami Transactions (Prohibition) Act, 2010. V of 2010 13. The Jammu and Kashmir Boilers Act, Samvat, 1991. IV of Svt.1991 14. The Buddhists Polyandrous Marriages Prohibition Act, 1941. II of 1998 15. The Jammu and Kashmir Cattle Trespass Act, 1920. VII of 1977 16. The Jammu and Kashmir Charitable Endowments Act, 1989. XIV of 1989 17. The Jammu and Kashmir Chit Funds Act, 2016. XI of 2016 18. The Jammu and Kashmir Christian Marriage and Divorce Act, 1957. III of 1957 19. The Jammu and Kashmir Cinematograph Act, 1933. XXIV of 1989 20. The Code of Civil Procedure, Samvat 1977. X of Svt. 1977 21. The Code of Criminal Procedure, Samvat 1989. XXIII of Svt. 1989 22. The Jammu and Kashmir Collection of Statistics Act, 2010. XVIII of 2010 23. The Jammu and Kashmir [State] Commission for Women Act, 1999. V of 1999 24. The Jammu and Kashmir Commission of Inquiry Act, 1962. XXXII of 1962 25. The Jammu and Kashmir Consumer Protection Act, 1987. XIVI of 1987 26. The Jammu and Kashmir Contempt of Courts Act, 1997. XXV of 1997 27. The Jammu and Kashmir Contingency Fund Act, 1957. XXIV of 1957 28. The Jammu and Kashmir Contract Act, Samvat 1977. IX of Svt.1977 29. The Jammu and Kashmir Court Fees Act, Samvat 1977. VII of Svt. 1977 30. The Jammu and Kashmir Court of Wards Act, Samvat 1977. LII of Svt. 1977 ----- **S.No.** **Name of the Act** **Act/Ordinance No.** 31. The Jammu and Kashmir Criminal Law Amendment Act, Svt 1993. I of Svt. 1993 32. The Jammu and Kashmir Criminal Law Amendment Act, 1958. III of 1958 33. The Jammu and Kashmir Criminal Law Amendment Act, 1983. X of 1983 34. The Jammu and Kashmir Customs Act, Svt 1958. VIII of Svt.1958 35. The Jammu and Kashmir Dehi Adalats Act, 2013. XV of 2013 36. The Jammu and Kashmir Destruction of Records Act, 1920. XII of 1977 37. The Jammu and Kashmir Displaced Persons (Permanent Settlement) Act, 1971. X of 1971 38. The Jammu and Kashmir Dissolution of Muslim Marriages Act, 1942. X of Svt.1999 39. The Jammu and Kashmir Dowry Restraint Act, 1960. XXXVI of 1960 40. The Jammu and Kashmir Easements Act, 1920. XIV of Svt.1977 41. The Jammu and Kashmir Electricity Act, 2010. XIII of 2010 42. The Jammu and Kashmir Electricity (Duty) Act, 1963. XI of 1963 43. The Jammu and Kashmir Employees Provident Funds (And) Miscellaneous XV of 1961 Provisions Act, 1961. 44. The Jammu and Kashmir Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 2010. XIX of 2010 45. The Jammu and Kashmir Energy Conservation Act, 2011. XIV of 2011 46. The Jammu and Kashmir Epidemic Diseases Act, 1920. XVI of 1977 47. The (State) Evacuees (Administration of Property) (Validation of Orders, Proceedings IV of 1958 and Acts) Act, 1958. 48. The Jammu and Kashmir Evidence Act, Samvat 1977 (1920 A.D). XIII of Svt.1977 49. The Jammu and Kashmir Fatal Accidents Act, Samvat 1977. XVII of Svt.1977 50. The Jammu and Kashmir Forest Act, Samvat 1987. II of Svt.1987 51. The Jammu and Kashmir Forest (Conservation) Act, 1997. XXX of 1997 52. The Jammu and Kashmir Forest (Sale of Timber) Act, Samvat 1987. III of Svt.1987 53. The Jammu and Kashmir General Clauses Act, Samvat 1977. XX of Svt. 1977 54. The Jammu and Kashmir Good Conduct Prisoners (Temporary Release) Act, 1978. VII of 1978 55. The Government Servants (Held in Detention) Act, 1956. XV of 1956 56. The Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent X of 1982 Return to) the State Act, 1982. 57. The Jammu and Kashmir Guardians and Wards Act, Samvat 1977. XIX of Svt.1977 58. The Jammu and Kashmir Hindu Adoptions and Maintenance Act, 1960. II of 1960 59. The Jammu and Kashmir Hindu Disposition of Property Act, Samvat 1997. XVI of Svt. 1997 60. The Jammu and Kashmir Hindu Inheritance (Removal of Disabilities) Act, XVIII of Svt. 1997 Samvat 1997. 61. The Jammu and Kashmir Hindu Marriage Act, 1980. IV of 1980 62. The Jammu and Kashmir Hindu Marriage (Validation of Proceedings) Act, 1963. XVI of 1963 ----- **S.No.** **Name of the Act** **Act/Ordinance No.** 63. The Jammu and Kashmir Hindu Minority and Guardianship Act, 1957. VII of 1957 64. The Jammu and Kashmir Hindu Succession Act, 1956. XXXVIII of 1956 65. The Jammu and Kashmir Hindu Widows Remarriage and Property Act, Samvat 1989. XXIX of Svt. 1989 66. The Jammu and Kashmir Homeopathic Practitioner Act, 2003. VIII of 2003 67. The Jammu and Kashmir Identification of Prisoners Act, Samvat 1994. IV of Svt. 1994 68. The Jammu and Kashmir Infant Marriages Prevention Act, Samvat 1985. I of Svt. 1985 69. The Instruments (Control of Noises) Act, 1959. VII of 1959 70. The Judicial Officers Protection Act, 1971. 71. The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013. VII of 2013 72. The Jammu and Kashmir Juvenile Smoking Act, Samvat 1986. II of Svt. 1986 73. The Land Acquisition Act, Samvat 1990. X of Svt. 1990 74. The Legal Practitioners (Fees) Act, Samvat 1988. VII of Svt. 1988 75. The Jammu and Kashmir Legal Representatives Suits Act, Samvat 1977. XXII of Svt. 1977 76. The Jammu and Kashmir Legal Services Authorities Act, 1997. XXXIII of 1997 77. The Jammu and Kashmir Limitation Act, Samvat 1995. IX of Svt. 1995 78. The Jammu and Kashmir Livestock Improvement Act, Samvat 1996. XXIII of Svt.1996 79. The Jammu and Kashmir Local Authorities Loans Act, Samvat 1997. VI of Svt. 1997 80. The Jammu and Kashmir Lunacy Act, Samvat 1977. XXV of Svt. 1997 81. The Jammu and Kashmir Maintenance and Welfare of Parents and XVI of 2014 Senior Citizens Act, 2014. 82. The Jammu and Kashmir Majority Act, Samvat 1977. XXVI of Svt. 1977 83. The Jammu and Kashmir Medical Registration Act, Samvat 1998. IV of Svt. 1998 84. The Jammu and Kashmir Medical Termination of Pregnancy Act, 1974. XXIII of 1974 85. The Jammu and Kashmir Muslim Dower Act, Samvat 1977. XLIV of Svt. 1977 86. The Jammu and Kashmir Muslim Personal Law (Shariat) Application Act, 2007. IV of 2007 87. The Jammu and Kashmir Muslim Specified Wakafs and Specified Wakaf VIII of 2004 Properties (Management and Regulation) Act, 2004. 88. The Jammu and Kashmir Nationalization of Forest Working Act, 1987. VII of 1987 89. The (State) Newspapers (Incitements to Offences) Act, Svt 1971. VIV of Svt. 1971 90. The Jammu and Kashmir Nursing Council Act, 2012. IV of 2012 91. The Jammu and Kashmir Nursing Homes and Clinical Establishments XXXIX of 1963 (Registration and Licensing) Act, 1963. 92. The Official Secrets Act, Samvat 1977. XLIII of Svt.1977 93. The Opium Smoking Act, Samvat 2011. XXXII of Svt. 2011 94. The Essential Services (Maintenance) Ordinance, Samvat 2001. IX of Svt. 2001 95. The Hoarding and Profiteering Prevention Ordinance, Samvat 2000. XIX of Svt. 2000 ----- **S.No.** **Name of the Act** **Act/Ordinance No.** 96. The Police Enhanced Penalties Ordinance, Samvat 2005. III of Svt. 2005 97. The Prevention of Corruption Ordinance, 2001. IV of Svt. 2001 98. The Jammu and Kashmir Public Servants Transfer of Immovable Property XXX of Svt. 2004 (Restriction) Ordinance, 2004. 99. The Jammu and Kashmir Partition Act, Samvat 1977. XXX of Svt. 1977 100. The Jammu and Kashmir Partnership Act, Samvat 1996. V of Svt. 1996 101. The Jammu and Kashmir Permanent Residents Certificate (Procedure) Act, 1963. XIII of 1963 102. The Jammu and Kashmir Pharmacy Act, Samvat 2011. LIII of Svt. 2011 103. The Jammu and Kashmir Poisons Act, Samvat 1977. XXXIV of Svt.1977 104. The Jammu and Kashmir Preconception and Prenatal Sex Selection XXXI of 2002 (Prohibition and Regulation) Act, 2002. 105. The (State) Press and Publications Act, Svt 1989. I of Svt. 1989 106. The Jammu and Kashmir Prevention of Black Marketing and Maintenance XXV of 1988 of Supplies of Essential Commodities Act, 1988. 107. The Jammu and Kashmir Prevention of Corruption Act, Samvat 2006. XIII of Svt. 2006 108. The Jammu and Kashmir Prevention of Cruelty to Animals Act, Samvat 1990. XIII of Svt. 1990 109. The Jammu and Kashmir Prevention of Defacement of Property Act, 1985. XIX of 1985 110. The Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and XXIII of 1988 Psychotropic Substances Act, 1988. 111. The Jammu and Kashmir Prevention of Insult to State Honour Act, 1979. X of 1979 112. The Jammu and Kashmir Prisoners Act, Svt 1977. XXXIII of Svt. 1977 113. The Jammu and Kashmir Prisons Act, Svt 1977. XXXI of Svt. 1977 114. The Jammu and Kashmir Private Security Agencies (Regulation) Act, 2015. IX of 2015 115. The Jammu and Kashmir Prize Competition Act, 1956. XII of 1956 116. The Jammu and Kashmir Probation of Offenders Act, 1966. XXXVII of 1966 117. The Jammu and Kashmir Protection of Human Rights Act, 1997. XV of 1997 118. The Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010. XI of 2010 119. The Jammu and Kashmir Provident Funds Act, Svt 1998. XXII of Svt. 1998 120. The Jammu and Kashmir Public Gambling Act, Svt 1977. XVIII of Svt. 1977 121. The Jammu and Kashmir Public Property (Prevention of Damage) Act, 1985. XX of 1985 122. The Jammu and Kashmir Public Servants (Inquiries) Act, Svt 1977. XXVIII of Svt. 1977 123. The (State) Ranbir Penal Code, Samvat 1989. XII of Svt. 1989 124. The Jammu and Kashmir Registration Act, Svt. 1977. XXXV of Svt. 1977 125. The Jammu and Kashmir Registration (Amendment and Validation of VI of 1955 Transfers of property) Act, 1955. 126. The Registration of Deeds (Validating) Act, Samvat 2008. VI of Svt. 2008 127. The Registration of Deeds (Validation) Act, 1956. XXI of 1956 ----- **S.No.** **Name of the Act** **Act/Ordinance No.** 128. The Registration of Deeds (Validating) Act, 1968. XXXIII of 1968 129. The Registration of Deeds (Validation) Act, 1976. I of 1976 130. The Registration of Deeds (Validation) Act, 1985. IX of 1985 131. The Jammu and Kashmir Religious Endowments Act, Svt 1977. L of Svt.1977 132. The Jammu and Kashmir Representation of the People Act, 1957. IV of 1957 133. The Jammu and Kashmir Requisitioning and Acquisition of Immovable XXXV of 1968 Property Act, 1968. 134. The Jammu and Kashmir Right to Information Act, 2009. VIII of 2009 135. The Jammu and Kashmir Sale of Goods Act, Svt 1996. II of 1996 136. The Separation of Judicial and Executive Functions Act, 1966. XL of 1966 137. The Jammu and Kashmir Small Causes Court Act, Svt 1968. 138. The Societies Registration Act, Svt 1998. VI of Svt. 1998 139. The Jammu and Kashmir Specific Relief Act, Svt 1977. XXXVIII of Svt. 1977 140. The Jammu and Kashmir Standards of Weights and Measures (Enforcement) XXXVII of 1997 Act, 1997. 141. The Jammu and Kashmir Succession Certificate Act, Svt 1977. XXXIX of Svt.1977 142. The Succession (Property Protection) Act, Svt 1977. XXXVI of Svt.1977 143. The Jammu and Kashmir Suits Valuation Act, Svt 1977. XXXVII of Svt.1977 144. The Jammu and Kashmir Suppression of Indecent Advertisements Act, Svt 2003. IX of Svt. 2003 145. The Jammu and Kashmir Transfer of Property Act, Svt 1977. XLII of Svt. 1977 146. The Jammu and Kashmir Transplantation of Human Organs Act, 1997. III of 1997 147. The Jammu and Kashmir Trusts Act, Svt 1977. XLI of Svt. 1977 148. The Jammu and Kashmir Venereal Diseases Act, Svt 2000. XXI of Svt. 2000 149. The Veterinary Council Act, 2001. XXI of 2001 150. The Jammu and Kashmir [State] Village and Town Patrol Act, 1959. XXIV of 1959 151. The Jammu and Kashmir Village Sanitation Act, Svt. 1990. V of Svt. 1990 152. The Jammu and Kashmir Wakafs Act, 2001. III of 2001 153. The Jammu and Kashmir Wildlife (Protection) Act, 1978. VIII of 1978 ----- **S.No.** **Name of the Governor's Act** **Governor'sAct No.** 1. The Jammu and Kashmir State Trust for Welfare of Persons with Autism Cerebral VI of 2018 Palsy, Mental Retardation and Multiple Disabilities Act, 2018. 2. The Jammu and Kashmir Drugs and Magic Remedies (Objectionable VIII of 2018 Advertisements) Act, 2018. 3. The Jammu and Kashmir Single Window (Industrial Investment and X of 2018 Business Facilitation) Act, 2018. 4. The Jammu and Kashmir Commercial Courts Act, 2018. XIII of 2018 5. The Jammu and Kashmir Family Courts Act, 2018. XXIV of 2018 6. The Jammu and Kashmir Aadhar (Targeted Delivery of Financial and other XXXIV of 2018 Subsidies, Benefits and Services) Act, 2018. 7. The Jammu and Kashmir Protection of Children From Sexual Violence Act, 2018. II of 2018 8. The Jammu and Kashmir Rights of Persons with Disabilities Act, 2018. XL of 2018 9. The Jammu and Kashmir Prohibition of Benami Property Transactions Act, 2018. XLIII of 2018 10. The Jammu and Kashmir State Commission for Protection of Women and XLVI of 2018 Child Rights Act, 2018. 11. The Jammu and Kashmir Real Estate (Regulation and Development) Act, 2018. LIII of 2018 ----- **TABLE - 4** **STATE ACTS INCLUDING GOVERNOR'S ACTS THAT SHALL REMAIN IN FORCE IN** **UNION TERRITORY OF JAMMU AND KASHMIR; AND UNION TERRITORY OF LADAKH** **S.No.** **Name of the Act** **Act/Ordinance No.** 1. The Jammu and Kashmir Aerial Ropeways Act, 2002 XII of 2002 2. The Jammu and Kashmir Agrarian Reforms Act, 1976 XVII of 1976 3. Agriculturists' Relief Act, Svt. 1983 I of Svt. 1983 4. The Jammu and Kashmir Government Aid to Agriculturists and Land Improvement VII of Svt. 1993 Act, Svt. 1993 5. The Jammu and Kashmir State Aid to Industries Act 1961 XXII of 1961 6. The Jammu and Kashmir Alienation of Land Act, Svt. 1995 V of Svt. 1995 7. The Jammu and Kashmir Anatomy Act, 1959 XXII of 1959 8. The Jammu and Kashmir Ancient Monuments Preservation Act, Svt. 1977 V of Svt 1977 9. The Jammu and Kashmir Baba Ghulam Shah Badshah University Act, 2002 XVI of 2002 10. The Jammu and Kashmir Big Landed Estates Abolition Act, Svt. 2007 XVII of Svt. 2007 11. The Jammu and Kashmir Board of Professional Entrance Examination Act, 2002 XXV of 2002 12. The Jammu and Kashmir Board of School Education Act, 1975 XXVIII of 1975 13. The Jammu and Kashmir State Board of Technical Education Act, 2002 XXIV of 2002 14. The Jammu and Kashmir Brick Kilns (Regulation) Act, 2010 XV II of 2010 15. Camping and Mooring Sites Act, Svt. 2004 XII of Svt. 2004 16. The Jammu and Kashmir Chowkidari Act, 1956 XXXVII of 1956 17. The Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014 III of 2014 18. The Jammu and Kashmir Civil Courts Act, Svt. 1977 XLVI of Svt.1977 19. The Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 XVI of 2010 20. The Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 XIV of 2010 21. The Srinagar and Jammu Cluster Universities Act, 2016. III of 2016 22. The Jammu and Kashmir State Commission for Backward Classes Act, 1997 XII of 1997 23. The Jammu and Kashmir Common Lands (Regulation) Act, 1956 XXIV of 1956 24. The Jammu and Kashmir Consolidation of Holdings Act, 1962 V of 1962 25. The Jammu and Kashmir Control of Building Operations Act, 1988 XV of 1988 26. The Jammu and Kashmir Cooperative Societies Act, 1989. X of 1989 27. The Jammu and Kashmir Debtors Relief Act, 1976 XV of 1976 28. The Jammu and Kashmir Delivery of Books and Newspapers (Public Libraries) XIII of 1961 Act, 1961 29. The Jammu and Kashmir Deputy Ministers' Salaries and Allowances Act, 1957 VI of 1957 ----- **S.No.** **Name of the Act** **Act/Ordinance No.** 30. The Jammu and Kashmir Deputy Speaker's and Deputy Chairman's (Emoluments) XXII of 1956 Act, 1956 31. The Jammu and Kashmir Development Act, 1970 XIX of 1970 32. The Jammu and Kashmir Egress and Internal Movement (Control) Ordinance, V of Svt. 2005 Svt. 2005. 33. The Jammu and Kashmir Enemy Agents Ordinance, Svt. 2005. VIII of Svt. 2005 34. The Jammu and Kashmir State Emergency Relief Fund Act, 1960 XIII of 1960 35. The Jammu and Kashmir Excise Act, Samvat 1958 - 36. The Jammu and Kashmir Extraction of Resin Act, 1988. IX of 1988 37. The Jammu and Kashmir State Evacuees (Administration of Property) Act, VI of Svt. 2006 Samvat 2006 (1949 A.D). 38. The Jammu and Kashmir Ferry Boats Control Act, 1971. XVIII of 1971 39. The Jammu and Kashmir State Finance Commission Act, 2006 XVIII of 2006 40. The Jammu and Kashmir Finance Commission for Panchayats and Municipalities XVI of 2011 Act, 2011 41. The Jammu and Kashmir Fire Force Act, 1967. XXII of 1967 42. The Jammu and Kashmir Fiscal Responsibility and Budget Management Act, 2006. XII of 2006 43. The Jammu and Kashmir Fisheries Act, 2018. XVI of 2018 44. The Jammu and Kashmir Flood Plain Zones (Regulation and Development) Act, 2005. XVII of 2005 45. The Jammu and Kashmir State Forest Corporation Act, 1978. XII of 1978 46. The Jammu and Kashmir Forest (Protection) Force Act, 2001. VI of 2001 47. The Jammu and Kashmir Fruit Nurseries (Licensing) Act, 1987. XXII of 1987 48. The Jammu and Kashmir Gift Goods (Unlawful Possession) Act, 1963. XL of 1963 49. The Jammu and Kashmir Golf Development and Management Authority Act, 2013. VIII of 2013 50. The Jammu and Kashmir Goods and Services Tax Act, 2017. V of 2017 51. The Jammu and Kashmir Government Gazette Act, Svt. 1945. XII of Svt. 1945 52. The Jammu and Kashmir Governor's Special Security Force Act, 2018 Governors Act No.XLII of 2018 53. The Jammu and Kashmir Habitual Offenders (Control and Reform) Act, 1956. XI of 1956 54. The Jammu and Kashmir Handicrafts (Quality Control) Act, 1978. IV of 1978 55. The Jammu and Kashmir Heritage Conservation and Preservation Act, 2010. XV of 2010 56. The Jammu and Kashmir Highways Act, Svt. 2007. XXVII of Svt. 2007 57. The Jammu and Kashmir Home Guards Act, Svt. 2006. III of Svt. 2006 58. The Jammu and Kashmir Housing Board Act, 1976. VII of 1976 59. The Jammu and Kashmir Industrial Establishments (National and Festival) XIII of 1974 Holidays Act, 1974. 60. The Jammu and Kashmir Inspector General of Prisons (Change in Designation) XIII of 2001 Act, 2001. ----- **S.No.** **Name of the Act** **Act/Ordinance No.** 61. The Jammu and Kashmir Islamic University of Science and Technology Kashmir XVIII of 2005 Act, 2005. 62. The Jammu and Kashmir Kahcharai Act, Svt. 2011. XVIII of Svt. 2011 63. Kashmir and Jammu Universities Act, 1969. XXIV of 1969 64. Kashmir Silk Protection Act, 1964. 65. The Jammu and Kashmir Khadi and Village Industries Board Act, 1965. XVI of 1965 66. Ladakh Autonomous Hill Development Council Act, 1997. XXXI of 1997 67. Ladakh Budhists Succession to Property Act, Svt. 2000. XVIII of Svt. 2000 68. The Jammu and Kashmir Lambardari Act, 1972. X of 1972 69. The Jammu and Kashmir Land Grants Act, 1960. XXXVIII of 1960 70. The Jammu and Kashmir Land Improvement Schemes Act, 1972. XXIV of 1972 71. The Jammu and Kashmir Land Revenue Act, Svt. 1996. XII of Svt. 1996 72. The Jammu and Kashmir Legislative Assembly Speaker's Emoluments Act, 1956. IV of 1956 73. The Jammu and Kashmir Legislative Council Chairman's (Emoluments) Act, 1962. XXVIII of 1962 74. The Jammu and Kashmir State Legislature Members' Pension Act, 1984. II of 1984 75. The Jammu and Kashmir Legislature (Prevention of Disqualification) Act, 1962. XVI of 1962 76. The Jammu and Kashmir State Legislature Proceedings (Protection of Publication) XXXVII of 1960 Act, 1960. 77. Levy of Tolls Act, Svt.1995. VIII of Svt. 1995 78. The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection XVI of 1997 and Restraint on Distress Sales) Act, 1997. 79. The Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997. XVII of 1997 80. The Jammu and Kashmir Ministers and Ministers of State Salaries Act, 1956. VI of 1956 81. The Jammu and Kashmir Ministers and Presiding Officers Medical Facilities XXII of 1975 Act, 1975. 82. The Jammu and Kashmir Money Lenders and Accredited Loan Providers Act, 2010. XXIII of 2010 83. The Jammu and Kashmir Motor Spirit and Diesel Oil (Taxation of Sales) Act, Svt. 2005. V of Svt. 2005 84. The Jammu and Kashmir Motor Vehicles Taxation Act, 1957. XXVI of 1957 85. The Jammu and Kashmir Mulberry Protection Act, Svt. 2006. X of Svt. 2006 86. The Jammu and Kashmir Municipal Act, 2000. XX of 2000 87. The Jammu and Kashmir Municipal Corporation Act, 2000. XXI of 2000 88. The Jammu and Kashmir Municipal Ombudsman Act, 2010. XX of 2010 89. The Jammu and Kashmir Municipalities Public Disclosure Act, 2010. XXIV of 2010 90. The Jammu and Kashmir Muslim Marriages Registration Act, 1981. XXII of 1981 91. The Jammu and Kashmir Namdha Quality Control Act, Svt. 2010. VI of Svt. 2010 92. National Defence Fund Donation of Immovable Property (Exemption from V of 1963 Stamp Duty and Registration) Act, 1963. ----- **S.No.** **Name of the Act** **Act/Ordinance No.** 93. The Jammu and Kashmir Natural Calamities Destroyed Areas Improvement Act, XXXVIII of Svt. 2011 Svt. 2011. 94. The Jammu and Kashmir Non-Biodegradable Material (Management) Handling XII of 2007 and Disposal Act, 2007. 95. The Jammu and Kashmir Obsolete Laws (Repeal) Act, 2010. XXVII of 2010 96. The Jammu and Kashmir Ombudsman for Panchayats Act, 2014. V of 2014 97. The Jammu and Kashmir Panchayati Raj Act, 1989. IX of 1989 98. The Jammu and Kashmir Paramedical Council Act, 2014. VII of 2014 99. The Jammu and Kashmir Passengers Taxation Act, 1963. XII of 1963 100. The Jammu and Kashmir Plant Disease and Pests Act, 1973. XIV of 1973 101. Plyboard Industries (Acquisition of Shares and of the Industrial Undertakings) VI of 1987 Act, 1987. 102. Police Act, Svt. 1983. II of Svt. 1983 103. The Jammu and Kashmir Preservation of Specified Trees Act, 1969. V of 1969 104. The Jammu and Kashmir Prevention of Beggary Act, 1960. XL of 1960 105. The Jammu and Kashmir Prevention of Fragmentation of Agricultural Holdings XXV of 1960 Act, 1960. 106. Prevention of Ribbon Development Act, Svt. 2007. XXVI of Svt. 2007 107. Prevention of Rum Rasum Act, Svt. 1997. I of Svt. 1997 108. The Jammu and Kashmir Prevention and Suppression of Sabotages Activities XXII of 1965 Act, 1965. 109. The Jammu and Kashmir Prevention of Unfair Means Examination Act, 1987. XX of 1987 110. The Jammu and Kashmir Private Colleges (Regulation and Control) Act, 2002 XXII of 2002 111. Probate and Administration Act, Svt. 1977. XXIX of Svt. 1977 112. The Jammu and Kashmir Professions, Trades, Callings and Employment Tax IX of 2005 Act, 2005. 113. The Jammu and Kashmir Prohibition on Conversion of Land and Alienation of VIII of 1975 Orchards Act, 1975. 114. The Jammu and Kashmir Prohibition on Manufacture of Specified Copper XIII of 2006 Utensils (By Machine) Act, 2006. 115. The Jammu and Kashmir Prohibition of Ragging Act, 2011. VI of 2011 116. The Jammu and Kashmir State Prohibition of Smoking (Cinema and XVIII of Svt. 2009 Theatre Halls) Act, Svt. 2009. 117. The Jammu and Kashmir Prohibition of Smoking and Non-Smokers Health XX of 1997 Protection in Public Service Vehicles Act, 1997. 118. The Jammu and Kashmir Property Rights to Slum Dwellers Act, 2012. XI of 2012 119. The Jammu and Kashmir Property Tax Board Act, 2013. XI of 2013 120. The Jammu and Kashmir Protection of Interest of Depositors (in Financial XIII of 2018 Establishments) Act, 2018. ----- **S.No.** **Name of the Act** **Act/Ordinance No.** 121. The Jammu and Kashmir Public Men and Public Servants Declaration of V of 1983 Assets and Other Provisions Act, 1983. 122. The Jammu and Kashmir Public Premises (Eviction of Un-authorised XVII of 1988 Occupants) Act, 1988. 123. The Jammu and Kashmir Public Safety Act, 1978. VI of 1978 124. The Jammu and Kashmir Public Services Guarantee Act, 2011. IX of 2011 125. The Jammu and Kashmir Registration of Contractors Act, 1956. XVI of 1956 126. The Jammu and Kashmir Registration of Tourist Trade Act, 1978. IX of 1978 127. The Jammu and Kashmir Regulation of Accounts Act, Svt. 2001. XIV of Svt. 2001 128. The Jammu and Kashmir Reservation Act, 2004. XIV of 2004 129. The Jammu and Kashmir Residential and Commercial Tenancy Act, 2012. V of 2012 130. The Jammu and Kashmir Restitution of Mortgaged Properties Act, 1976. XIV of 1976 131. The Jammu and Kashmir Right of Prior Purchase Act, Svt. 1993. II of Svt. 1993 132. The Jammu and Kashmir Road Safety Council Act, 2018. V of 2018 133. The Jammu and Kashmir Saffron Act, 2007. V of 2007 134. Salaries and Allowances of Members of Jammu and Kashmir State Legislature XIX of 1960 Act, 1960. 135. Salaries and Allowances of Leader of Opposition in the State Legislature Act, 1985. XVI of 1985 136. The Sapphire Act, Svt. 1989. XVI of Svt. 1989 137. The Jammu and Kashmir School Education Act, 2002. XXI of 2002 138. The Jammu and Kashmir Self-Reliant Cooperatives Act, 1999. X of 1999 139. The Jammu and Kashmir State Sheep and Sheep Products Development Board IX of 1979 Act, 1979. 140. Sher-i-Kashmir University of Agricultural Sciences and Technology Act, 1982. VII of 1982 141. Sher-i-Kashmir Institute of Medical Sciences (Grant of Degrees) Act, 1983. XII of 1983 142. The Jammu and Kashmir Shri Amarnath Ji Shrine Act, 2000. XVIII of 2000 143. The Jammu and Kashmir Shri Mata Sukhrala Devi Ji and Shri Mata Bala Sundari III of 2013 Shrine Act, 2013. 144. The Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988. XVI of 1988 145. The Jammu and Kashmir Shri Mata Vaishno Devi University Act, 1999. XII of 1999 146. The Jammu and Kashmir Shri Shiv Khori Shrine Act, 2008. IV of 2008 147. The Jammu and Kashmir Sikh Gurdwaras and Religious Endowments Act, 1973. XV of 1973 148. The Jammu and Kashmir Silk (Development and Protection) Act, 1988. XXVIII of 1988 149. The Jammu and Kashmir Special Security Group Act, 2000. VI of 2000 150. The Jammu and Kashmir Special Tribunal Act, 1988. XIX of 1988 151. Stamp Act, Svt. 1977. XL of Svt. 1977 152. The Jammu and Kashmir Tenancy Act, Svt. 1980. II of Svt. 1980 ----- **S.No.** **Name of the Act** **Act/Ordinance No.** 153. The Jammu and Kashmir Tenancy (Stay of Ejectment Proceedings) Act, 1966. XXXIII of 1966 154. The Jammu and Kashmir State Town Planning Act, 1963. XX of 1963 155. The Jammu and Kashmir Treasure Trove Act, Svt. 1954. -- 156. The Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of IV of 2014 User in Land) Act, 2014. 157. Urban Immovable Property Tax (Repeal and Saving) Act, 2002. XXVIII of 2002 158. The University of Ladakh Act, 2018. Governor's Act No. LVI of 2018 159. The Jammu and Kashmir Urban Property (Ceiling) Act, 1971. XII of 1971 160. Usurious Loans Act, Svt. 1977. XLVII of Svt. 1977 161. The Jammu and Kashmir Utilization of Lands Act, Svt. 2010. IX of Svt. 2010 162. The Jammu and Kashmir Vaccination Act, 1967. XXI of 1967 163. The Jammu and Kashmir Vegetable Seeds Act, Svt. 2009. XII of Svt. 2009 164. The Jammu and Kashmir State Vigilance Commission Act, 2011. I of 2011 165. The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010. XXI of 2010 166. The Jammu and Kashmir Willow (Prohibition on Export and Movement) Act, 2000. XVI of 2000 -----

9-Aug-2019

35

The Consumer Protection Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/15256/5/A2019-35.pdf

central

THE CONSUMER PROTECTION ACT, 2019 ____________ ARRANGEMENT OF SECTIONS Last Updated:17-9-2021 ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II CONSUMER PROTECTION COUNCILS. 3. Central Consumer Protection Council. 4. Procedure for meetings of Central Council. 5. Objects of Central Council. 6. State Consumer Protection Councils. 7. Objects of State Council. 8. District Consumer Protection Council. 9. Objects of District Council. CHAPTER III CENTRAL CONSUMER PROTECTION AUTHORITY 10. Establishment of Central Consumer Protection Authority. 11. Qualifications, method of recruitment, etc., of Chief Commissioner and Commissioners. 12. Vacancy, etc., not to invalidate proceedings of Central Authority. 13. Appointment of officers, experts, professionals and other employees of Central Authority. 14. Procedure of Central Authority. 15. Investigation Wing. 16. Power of District Collector. 17. Complaints to authorities. 18. Powers and functions of Central Authority. 19. Power of Central Authority to refer matter for investigation or to other Regulator. 20. Power of Central Authority to recall goods, etc. 21. Power of Central Authority to issue directions and penalties against false or misleading advertisements. 22. Search and seizure. 23. Designation of any statutory authority or body to function as Central Authority. 24. Appeal. 25. Grants by Central Government. 26. Accounts and audit. 27. Furnishing of annual reports, etc. CHAPTER IV CONSUMER DISPUTES REDRESSAL COMMISSION 28. Establishment of District Consumer Disputes Redressal Commission. 29. Qualifications, etc., of President and members of District Commission. 1 ----- SECTIONS 30. Salaries, allowances and other terms and conditions of service of President and members of District Commission. 31. Transitional provision. 32. Vacancy in office of member of District Commission. 33. Officers and other employees of District Commission. 34. Jurisdiction of District Commission. 35. Manner in which complaint shall be made. 36. Proceedings before District Commission. 37. Reference to mediation. 38. Procedure on admission of complaint. 39. Findings of District Commission. 40. Review by District Commission in certain cases. 41. Appeal against order of District Commission. 42. Establishment of State Consumer Disputes Redressal Commission. 43. Qualifications, etc., of President and members of State Commission. 44. Salaries, allowances and other terms and conditions of service of President and members of State Commission. 45. Transitional provision. 46. Officers and employees of State Commission. 47. Jurisdiction of State Commission. 48. Transfer of cases. 49. Procedure applicable to State Commission. 50. Review by State Commission in certain cases. 51. Appeal to National Commission. 52. Hearing of appeal. 53. Establishment of National Consumer Disputes Redressal Commission. 54. Composition of National Commission. 55. Qualifications, etc., of President and members of National Commission. 56. Transitional provision. 57. Other officers and employees of National Commission. 58. Jurisdiction of National Commission. 59. Procedure applicable to National Commission. 60. Review by National Commission in certain cases. 61. Power to set aside ex parte orders. 62. Transfer of cases. 63. Vacancy in office of President of National Commission. 64. Vacancies or defects in appointment not to invalidate orders. 65. Service of notice, etc. 66. Experts to assist National Commission or State Commission. 67. Appeal against order of National Commission. 68. Finality of orders. 69. Limitation period. 70. Administrative control. 71. Enforcement of orders of District Commission, State Commission and National Commission. 72. Penalty for non-compliance of order. 73. Appeal against order passed under section 72. 2 ----- CHAPTER V MEDIATION SECTIONS 74. Establishment of consumer mediation cell. 75. Empanelment of mediators. 76. Nomination of mediators from panel. 77. Duty of mediator to disclose certain facts. 78. Replacement of mediator in certain cases. 79. Procedure for mediation. 80. Settlement through mediation. 81. Recording settlement and passing of order. CHAPTER VI PRODUCT LIABILLITY 82. Application of Chapter. 83. Product liability action 84. Liability of product manufacturer. 85. Liability of product service provider. 86. Liability of product sellers. 87. Exceptions to product liability action. CHAPTER VII OFFENCES AND PENALTIES 88. Penalty for non-compliance of direction of Central Authority. 89. Punishment for false or misleading advertisement. 90. Punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant. 91. Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods. 92. Cognizance of offence by court. 93. Vexatious search. CHAPTER VIII MISCELLANEOUS 94. Measures to prevent unfair trade practices in e-commerce, direct selling, etc. 95. Presidents, members, Chief Commissioner, Commissioner and certain officers to be public servants. 96. Compounding of offences. 97. Manner of crediting penalty. 98. Protection of action taken in good faith. 99. Power to give directions by Central Government. 100. Act not in derogation of any other. 101. Power of Central Government to make rules. 102. Power of State Government to make rules. 103. Power of National Commission to make regulations. 104. Power of Central Authority to make regulations. 105. Rules and regulations to be laid before each House of Parliament. 106. Power to Remove Difficulties. 107. Repeal and savings. 3 ----- # THE CONSUMER PROTECTION ACT, 2019 ACT NO. 35 OF 2019 [9th August, 2019.] # An Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers' disputes and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, commencement and application.—(1) This Act may be called the Consumer** Protection Act, 2019. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date[1] as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. (4) Save as otherwise expressly provided by the Central Government, by notification, this Act shall apply to all goods and services. **2. Definitions.—In this Act, unless the context otherwise requires,—** (1) “advertisement” means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents; (2) “appropriate laboratory” means a laboratory or an organisation— (i) recognised by the Central Government; or (ii) recognised by a State Government, subject to such guidelines as may be issued by the Central Government in this behalf; or (iii) established by or under any law for the time being in force, which is maintained, financed or aided by the Central Government or a State Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect; (3) “branch office” means— (i) any office or place of work described as a branch by the establishment; or (ii) any establishment carrying on either the same or substantially the same activity carried on by the head office of the establishment; *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh **1. 20th July, 2020.—S. 2 [Except clauses (4), (13), (14), (16), (40)], s. 3 to 9 (both inclusive), s. 28 to 73 (both inclusive) [Except** sub-clause (iv) of clause (a) of sub-section (1) of section 58], s. 74 to 81 (both inclusive), s. 82 to 87 (both inclusive), s. 90 and 91 [Except sections 88, 89, 92 and 93], s. 95, 98,100 and 101 [Except clauses (f) to (m) and clauses (zg), (zh) and (zi) of subsection 2], s. 102, 103, 105, 106, 107 [Except sections 94, 96, 97, 99, 104], vide notification No. S.O. 2351(E), dated 15th July, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2. **24th July, 2020.-- S. 2 [clauses (4), (13), (14), (16), (40)], s. 10 to 27 (both inclusive), sub-clause (iv) of clause (a) of** sub-section (1) of section 58, s. 88, 89, 92 and 93, 94, 96, 97 and 99, clause (f) to (m) of sub-section 2 and clauses (zg), (zh) and (zi) of sub-section 2 of s. 101, 104, _vide notification No. S.O. 2421(E), dated 23rd July 2020,_ _see_ Gazette of India, Extraordinary, Part II, sec. 3(ii). 4 ----- (4) “Central Authority” means the Central Consumer Protection Authority established under section 10; (5) “complainant” means— (i) a consumer; or (ii) any voluntary consumer association registered under any law for the time being in force; or (iii) the Central Government or any State Government; or (iv) the Central Authority; or (v) one or more consumers, where there are numerous consumers having the same interest; or (vi) in case of death of a consumer, his legal heir or legal representative; or (vii) in case of a consumer being a minor, his parent or legal guardian; (6) “complaint” means any allegation in writing, made by a complainant for obtaining any relief provided by or under this Act, that— (i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; (ii) the goods bought by him or agreed to be bought by him suffer from one or more defects; (iii) the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency; (iv) a trader or a service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price— (a) fixed by or under any law for the time being in force; or (b) displayed on the goods or any package containing such goods; or (c) displayed on the price list exhibited by him by or under any law for the time being in force; or (d) agreed between the parties; (v) the goods, which are hazardous to life and safety when used, are being offered for sale to the public- (a) in contravention of standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force; (b) where the trader knows that the goods so offered are unsafe to the public; (vi) the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety; (vii) a claim for product liability action lies against the product manufacturer, product seller or product service provider, as the case may be; (7) “consumer” means any person who— (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any 5 ----- beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. _Explanation. —For the purposes of this clause, —_ (a) the expression “commercial purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment; (b) the expressions “buys any goods” and “hires or avails any services” includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing; (8) “consumer dispute” means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint; (9) “consumer rights” includes,- (i) the right to be protected against the marketing of goods, products or services which are hazardous to life and property; (ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices; (iii) the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices; (iv) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora; (v) the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and (vi) the right to consumer awareness; (10) “defect” means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or product and the expression “defective” shall be construed accordingly; (11) “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes— (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and (ii) deliberate withholding of relevant information by such person to the consumer; (12) “design”, in relation to a product, means the intended or known physical and material characteristics of such product and includes any intended or known formulation or content of such product and the usual result of the intended manufacturing or other process used to produce such product; (13) “direct selling” means marketing, distribution and sale of goods or provision of services through a network of sellers, other than through a permanent retail location; (14) “Director-General” means the Director-General appointed under sub-section (2) of section 15; 6 ----- (15) “District Commission” means a District Consumer Disputes Redressal Commission established under sub-section (1) of section 28; (16) “e-commerce” means buying or selling of goods or services including digital products over digital or electronic network; (17) “electronic service provider” means a person who provides technologies or processes to enable a product seller to engage in advertising or selling goods or services to a consumer and includes any online market place or online auction sites; (18) “endorsement”, in relation to an advertisement, means— (i) any message, verbal statement, demonstration; or (ii) depiction of the name, signature, likeness or other identifiable personal characteristics of an individual; or (iii) depiction of the name or seal of any institution or organisation, which makes the consumer to believe that it reflects the opinion, finding or experience of the person making such endorsement; (19) “establishment” includes an advertising agency, commission agent, manufacturing, trading or any other commercial agency which carries on any business, trade or profession or any work in connection with or incidental or ancillary to any commercial activity, trade or profession, or such other class or classes of persons including public utility entities in the manner as may be prescribed; (20) “express warranty” means any material statement, affirmation of fact, promise or description relating to a product or service warranting that it conforms to such material statement, affirmation, promise or description and includes any sample or model of a product warranting that the whole of such product conforms to such sample or model; (21) “goods” means every kind of movable property and includes “food” as defined in clause (j) of sub-section (1) of section 3 of the Food Safety and Standards Act, 2006 (34 of 2006); (22) “harm”, in relation to a product liability, includes— (i) damage to any property, other than the product itself; (ii) personal injury, illness or death; (iii) mental agony or emotional distress attendant to personal injury or illness or damage to property; or _(iv) any loss of consortium or services or other loss resulting from a harm referred to in sub-_ clause (i) or sub-clause (ii) or sub-clause (iii), but shall not include any harm caused to a product itself or any damage to the property on account of breach of warranty conditions or any commercial or economic loss, including any direct, incidental or consequential loss relating thereto; (23) “injury” means any harm whatever illegally caused to any person, in body, mind or property; (24) “manufacturer” means a person who— (i) makes any goods or parts thereof; or (ii) assembles any goods or parts thereof made by others; or (iii) puts or causes to be put his own mark on any goods made by any other person; (25) “mediation” means the process by which a mediator mediates the consumer disputes; (26) “mediator” means a mediator referred to in section 75; (27) “member” includes the President and a member of the National Commission or a State Commission or a District Commission, as the case may be; 7 ----- (28) “misleading advertisement” in relation to any product or service, means an advertisement, which— (i) falsely describes such product or service; or (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or (iv) deliberately conceals important information; (29) “National Commission” means the National Consumer Disputes Redressal Commission established under sub-section (1) of section 53; (30) “notification” means a notification published in the Official Gazette and the term “notify” shall be construed accordingly; (31) “person” includes- (i) an individual; (ii) a firm whether registered or not; (iii) a Hindu undivided family; (iv) a co-operative society; (v) an association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not; (vi) any corporation, company or a body of individuals whether incorporated or not; (vii) any artificial juridical person, not falling within any of the preceding sub-clauses; (32) “prescribed” means prescribed by rules made by the Central Government, or, as the case may be, the State Government; (33) “product” means any article or goods or substance or raw material or any extended cycle of such product, which may be in gaseous, liquid, or solid state possessing intrinsic value which is capable of delivery either as wholly assembled or as a component part and is produced for introduction to trade or commerce, but does not include human tissues, blood, blood products and organs; (34) “product liability” means the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto; (35) “product liability action” means a complaint filed by a person before a District Commission or State Commission or National Commission, as the case may be, for claiming compensation for the harm caused to him; (36) “product manufacturer” means a person who— (i) makes any product or parts thereof; or _(ii) assembles parts thereof made by others; or_ (iii) puts or causes to be put his own mark on any products made by any other person; or (iv) makes a product and sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains such product or is otherwise involved in placing such product for commercial purpose; or (v) designs, produces, fabricates, constructs or re-manufactures any product before its sale; or (vi) being a product seller of a product, is also a manufacturer of such product; 8 ----- (37) “product seller”, in relation to a product, means a person who, in the course of business, imports, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is involved in placing such product for commercial purpose and includes- (i) a manufacturer who is also a product seller; or (ii) a service provider, but does not include— (a) a seller of immovable property, unless such person is engaged in the sale of constructed house or in the construction of homes or flats; (b) a provider of professional services in any transaction in which, the sale or use of a product is only incidental thereto, but furnishing of opinion, skill or services being the essence of such transaction; (c) a person who— (I) acts only in a financial capacity with respect to the sale of the product; (II) is not a manufacturer, wholesaler, distributor, retailer, direct seller or an electronic service provider; (III) leases a product, without having a reasonable opportunity to inspect and discover defects in the product, under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor; (38) “product service provider”, in relation to a product, means a person who provides any service in respect of such product; (39) “regulations” means the regulations made by the National Commission, or as the case may be, the Central Authority; (40) “Regulator” means a body or any authority established under any other law for the time being in force; (41) “restrictive trade practice” means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include- (i) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price; (ii) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent for buying, hiring or availing of other goods or services; (42) “service” means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; (43) “spurious goods” means such goods which are falsely claimed to be genuine; (44) “State Commission” means a State Consumer Disputes Redressal Commission established under sub-section (1) of section 42; (45) “trader”, in relation to any goods, means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof; 9 ----- (46) “unfair contract” means a contract between a manufacturer or trader or service provider on one hand, and a consumer on the other, having such terms which cause significant change in the rights of such consumer, including the following, namely:- (i) requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; or (ii) imposing any penalty on the consumer, for the breach of contract thereof which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract; or (iii) refusing to accept early repayment of debts on payment of applicable penalty; or (iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or (v) permitting or has the effect of permitting one party to assign the contract to the detriment of the other party who is a consumer, without his consent; or (vi) imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage; (47) “unfair trade practice” means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:— (i) making any statement, whether orally or in writing or by visible representation including by means of electronic record, which— (a) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model; (b) falsely represents that the services are of a particular standard, quality or grade; (c) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods; (d) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have; (e) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have; (f) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; (g) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof: Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence; (h) makes to the public a representation in a form that purports to be— (A) a warranty or guarantee of a product or of any goods or services; or (B) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out; (i) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or 10 ----- services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made; (j) gives false or misleading facts disparaging the goods, services or trade of another person. _Explanation.—For the purposes of this sub-clause, a statement that is,—_ (A) expressed on an article offered or displayed for sale, or on its wrapper or container; or (B) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or (C) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained; (ii) permitting the publication of any advertisement, whether in any newspaper or otherwise, including by way of electronic record, for the sale or supply at a bargain price of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement. _Explanation.—For the purpose of this sub-clause, “bargain price” means,—_ (A) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise; or (B) a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold; (iii) permitting— (a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged, in the transaction as a whole; _(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of_ promoting, directly or indirectly, the sale, use or supply of any product or any business interest, except such contest, lottery, game of chance or skill as may be prescribed; (c) withholding from the participants of any scheme offering gifts, prizes or other items free of charge on its closure, the information about final results of the scheme. _Explanation.—For the purpose of this sub-clause, the participants of a scheme shall be_ deemed to have been informed of the final results of the scheme where such results are within a reasonable time published, prominently in the same newspaper in which the scheme was originally advertised; (iv) permitting the sale or supply of goods intended to be used, or are of a kind likely to be used by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods; (v) permitting the hoarding or destruction of goods, or refusal to sell the goods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services; 11 ----- (vi) manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services; (vii) not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed; (viii) refusing, after selling goods or rendering services, to take back or withdraw defective goods or to withdraw or discontinue deficient services and to refund the consideration thereof, if paid, within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of thirty days; (ix) disclosing to other person any personal information given in confidence by the consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force. CHAPTER II CONSUMER PROTECTION COUNCILS **3. Central Consumer Protection Council.—(1) The Central Government shall, by notification,** establish with effect from such date as it may specify in that notification, the Central Consumer Protection Council to be known as the Central Council. (2) The Central Council shall be an advisory council and consist of the following members, namely:— (a) the Minister-in-charge of the Department of Consumer Affairs in the Central Government, who shall be the Chairperson; and (b) such number of other official or non-official members representing such interests as may be prescribed. **4. Procedure for meetings of Central Council.—(1) The Central Council shall meet as and when** necessary, but at least one meeting of the Council shall be held every year. (2) The Central Council shall meet at such time and place as the Chairperson may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed. **5. Objects of Central Council.—The objects of the Central Council shall be to render advice on** promotion and protection of the consumers' rights under this Act. **6. State Consumer Protection Councils.—(1) Every State Government shall, by notification,** establish with effect from such date as it may specify in such notification, a State Consumer Protection Council for such State to be known as the State Council. (2) The State Council shall be an advisory council and consist of the following members, namely:— (a) the Minister-in-charge of Consumer Affairs in the State Government who shall be the Chairperson; (b) such number of other official or non-official members representing such interests as may be prescribed; (c) such number of other official or non-official members, not exceeding ten, as may be nominated by the Central Government. (3) The State Council shall meet as and when necessary but not less than two meetings shall be held every year. (4) The State Council shall meet at such time and place as the Chairperson may think fit and shall observe such procedure in regard to the transaction of its business, as may be prescribed. **7. Objects of State Council.—The objects of every State Council shall be to render advice on** promotion and protection of consumer rights under this Act within the State. **8. District Consumer Protection Council.—(1) The State Government shall, by notification,** establish for every District with effect from such date as it may specify in such notification, a District Consumer Protection Council to be known as the District Council. 12 ----- (2) The District Council shall be an advisory council and consist of the following members, namely:— (a) the Collector of the district (by whatever name called), who shall be the Chairperson; and (b) such number of other official and non-official members representing such interests as may be prescribed. (3) The District Council shall meet as and when necessary but not less than two meetings shall be held every year. (4) The District Council shall meet at such time and place within the district as the Chairperson may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed. **9. Objects of District Council.—The objects of every District Council shall be to render advice on** promotion and protection of consumer rights under this Act within the district. CHAPTER III CENRAL CONSUMER PROTECTION AUTHORITY 10. Establishment of Central Consumer Protection Authority.—(1) The Central Government shall, by notification, establish with effect from such date as it may specify in that notification, a Central Consumer Protection Authority to be known as the Central Authority to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class. (2) The Central Authority shall consist of a Chief Commissioner and such number of other Commissioners as may be prescribed, to be appointed by the Central Government to exercise the powers and discharge the functions under this Act. (3) The headquarters of the Central Authority shall be at such place in the National Capital Region of Delhi, and it shall have regional and other offices in any other place in India as the Central Government may decide. **11. Qualifications, method of recruitment, etc., of Chief Commissioner and Commissioners.—** The Central Government may, by notification, make rules to provide for the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of the service of the Chief Commissioner and Commissioners of the Central Authority. **12. Vacancy, etc., not to invalidate proceedings of Central Authority.—No act or proceeding of** the Central Authority shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Central Authority; or (b) any defect in the appointment of a person acting as the Chief Commissioner or as a Commissioner; or (c) any irregularity in the procedure of the Central Authority not affecting the merits of the case. **13. Appointment of officers, experts, professionals and other employees of Central Authority.—** (1) The Central Government shall provide the Central Authority such number of officers and other employees as it considers necessary for the efficient performance of its functions under this Act. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Central Authority appointed under this Act shall be such as may be prescribed. (3) The Central Authority may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and ability, who have special knowledge and experience in the areas of consumer rights and welfare, consumer policy, law, medicine, food safety, 13 ----- health, engineering, product safety, commerce, economics, public affairs or administration, as it deems necessary to assist it in the discharge of its functions under this Act. **14. Procedure of Central Authority. —(1) The Central Authority shall regulate the procedure for** transaction of its business and allocation of its business amongst the Chief Commissioner and Commissioners as may be specified by regulations. (2) The Chief Commissioner shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Central Authority: Provided that the Chief Commissioner may delegate such of his powers relating to administrative matters of the Central Authority, as he may think fit, to any Commissioner (including Commissioner of a regional office) or any other officer of the Central Authority. **15. Investigation Wing.—(1) The Central Authority shall have an Investigation Wing headed by a** Director-General for the purpose of conducting inquiry or investigation under this Act as may be directed by the Central Authority. (2) The Central Government may appoint a Director-General and such number of Additional Director-General, Director, Joint Director, Deputy Director and Assistant Director, from amongst persons who have experience in investigation and possess such qualifications, in such manner, as may be prescribed. (3) Every Additional Director-General, Director, Joint Director, Deputy Director and Assistant Director shall exercise his powers, and discharge his functions, subject to the general control, supervision and direction of the Director-General. (4) The Director-General may delegate all or any of his powers to the Additional Director-General or Director, Joint Director or Deputy Director or Assistant Director, as the case may be, while conducting inquiries or investigations under this Act. (5) The inquiries or the investigations made by the Director-General shall be submitted to the Central Authority in such form, in such manner and within such time, as may be specified by regulations. **16. Power of District Collector.—The District Collector (by whatever name called) may, on a** complaint or on a reference made to him by the Central Authority or the Commissioner of a regional office, inquire into or investigate complaints regarding violation of rights of consumers as a class, on matters relating to violations of consumer rights, unfair trade practices and false or misleading advertisements, within his jurisdiction and submit his report to the Central Authority or to the Commissioner of a regional office, as the case may be. **17. Complaints to authorities.—A complaint relating to violation of consumer rights or unfair trade** practices or false or misleading advertisements which are prejudicial to the interests of consumers as a class, may be forwarded either in writing or in electronic mode, to any one of the authorities, namely, the District Collector or the Commissioner of regional office or the Central Authority. **18. Powers and functions of Central Authority.—(1) The Central Authority shall—** (a) protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers rights under this Act; (b) prevent unfair trade practices and ensure that no person engages himself in unfair trade practices; (c) ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereunder; (d) ensure that no person takes part in the publication of any advertisement which is false or misleading. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Central Authority may, for any of the purposes aforesaid,- 14 ----- (a) inquire or cause an inquiry or investigation to be made into violations of consumer rights or unfair trade practices, either suo motu or on a complaint received or on the directions from the Central Government; (b) file complaints before the District Commission, the State Commission or the National Commission, as the case may be, under this Act; (c) intervene in any proceedings before the District Commission or the State Commission or the National Commission, as the case may be, in respect of any allegation of violation of consumer rights or unfair trade practices; (d) review the matters relating to, and the factors inhibiting enjoyment of, consumer rights, including safeguards provided for the protection of consumers under any other law for the time being in force and recommend appropriate remedial measures for their effective implementation; (e) recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement of consumer rights; (f) undertake and promote research in the field of consumer rights; (g) spread and promote awareness on consumer rights; (h) encourage non-Governmental organisations and other institutions working in the field of consumer rights to co-operate and work with consumer protection agencies; (i) mandate the use of unique and universal goods identifiers in such goods, as may be necessary, to prevent unfair trade practices and to protect consumers' interest; (j) issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services; (k) advise the Ministries and Departments of the Central and State Governments on consumer welfare measures; (l) issue necessary guidelines to prevent unfair trade practices and protect consumers' interest. **19. Power of Central Authority to refer matter for investigation or to other Regulator.—(1) The** Central Authority may, after receiving any information or complaint or directions from the Central Government or of its own motion, conduct or cause to be conducted a preliminary inquiry as to whether there exists a prima facie case of violation of consumer rights or any unfair trade practice or any false or misleading advertisement, by any person, which is prejudicial to the public interest or to the interests of consumers and if it is satisfied that there exists a prima facie case, it shall cause investigation to be made by the Director-General or by the District Collector. (2) Where, after preliminary inquiry, the Central Authority is of the opinion that the matter is to be dealt with by a Regulator established under any other law for the time being in force, it may refer such matter to the concerned Regulator along with its report. (3) For the purposes of investigation under sub-section (1), the Central Authority, the Director General or the District Collector may call upon a person referred to in sub-section (1) and also direct him to produce any document or record in his possession. **20. Power of Central Authority to recall goods, etc.—Where the Central Authority is satisfied on** the basis of investigation that there is sufficient evidence to show violation of consumer rights or unfair trade practice by a person, it may pass such order as may be necessary, including— (a) recalling of goods or withdrawal of services which are dangerous, hazardous or unsafe; (b) reimbursement of the prices of goods or services so recalled to purchasers of such goods or services; and (c) discontinuation of practices which are unfair and prejudicial to consumers' interest: Provided that the Central Authority shall give the person an opportunity of being heard before passing an order under this section. 15 ----- **21. Power of Central Authority to issue directions and penalties against false or misleading** **advertisements.—(1) Where the Central Authority is satisfied after investigation that any advertisement** is false or misleading and is prejudicial to the interest of any consumer or is in contravention of consumer rights, it may, by order, issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same in such manner and within such time as may be specified in that order. (2) Notwithstanding the order passed under sub-section (1), if the Central Authority is of the opinion that it is necessary to impose a penalty in respect of such false or misleading advertisement, by a manufacturer or an endorser, it may, by order, impose on manufacturer or endorser a penalty which may extend to ten lakh rupees: Provided that the Central Authority may, for every subsequent contravention by a manufacturer or endorser, impose a penalty, which may extend to fifty lakh rupees. (3) Notwithstanding any order under sub-sections (1) and (2), where the Central Authority deems it necessary, it may, by order, prohibit the endorser of a false or misleading advertisement from making endorsement of any product or service for a period which may extend to one year: Provided that the Central Authority may, for every subsequent contravention, prohibit such endorser from making endorsement in respect of any product or service for a period which may extend to three years. (4) Where the Central Authority is satisfied after investigation that any person is found to publish, or is a party to the publication of, a misleading advertisement, it may impose on such person a penalty which may extend to ten lakh rupees. (5) No endorser shall be liable to a penalty under sub-sections (2) and (3) if he has exercised due diligence to verify the veracity of the claims made in the advertisement regarding the product or service being endorsed by him. (6) No person shall be liable to such penalty if he proves that he had published or arranged for the publication of such advertisement in the ordinary course of his business: Provided that no such defence shall be available to such person if he had previous knowledge of the order passed by the Central Authority for withdrawal or modification of such advertisement. (7) While determining the penalty under this section, regard shall be had to the following, namely: — (a) the population and the area impacted or affected by such offence; (b) the frequency and duration of such offence; (c) the vulnerability of the class of persons likely to be adversely affected by such offence; and (d) the gross revenue from the sales effected by virtue of such offence. (8) The Central Authority shall give the person an opportunity of being heard before an order under this section is passed. **22. Search and seizure.—(1) For the purpose of conducting an investigation after preliminary** inquiry under sub-section (1) of section 19, the Director-General or any other officer authorised by him in this behalf, or the District Collector, as the case may be, may, if he has any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading advertisement to be made, shall,- (a) enter at any reasonable time into any such premises and search for any document or record or article or any other form of evidence and seize such document, record, article or such evidence; (b) make a note or an inventory of such record or article; or (c) require any person to produce any record, register or other document or article. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall apply, as far as may be, for search and seizure under this Act. 16 ----- (3) Every document, record or article seized under clause (a) of sub-section (1) or produced under clause (c) of that sub-section shall be returned to the person, from whom they were seized or who produced the same, within a period of twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken. (4) Where any article seized under sub-section (1) are subject to speedy or natural decay, the Director-General or such other officer may dispose of the article in such manner as may be prescribed. (5) In the case of articles other than the articles referred to in sub-section (4), provisions contained in clause (c) of sub-section (2) of section 38 shall mutatis mutandis apply in relation to analysis or tests. **23. Designation of any statutory authority or body to function as Central Authority.—The** Central Government may, if it considers necessary, by notification, designate any statutory authority or body to exercise the powers and perform the functions of the Central Authority referred to in section 10. **24. Appeal.—A person aggrieved by any order passed by the Central Authority under sections 20 and** 21 may file an appeal to the National Commission within a period of thirty days from the date of receipt of such order. **25. Grants by Central Government.—The Central Government may, after due appropriation made** by Parliament by law in this behalf, make to the Central Authority grants of such sums of money as that Government may think fit for being utilised for the purposes of this Act. **26. Accounts and audit.—(1) The Central Authority shall maintain proper accounts and other** relevant records and prepare an annual statement of accounts in such form and manner as may be prescribed in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Central Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Central Authority to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India or any other person appointed by him in connection with the audit of the accounts of the Central Authority shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has, in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Central Authority. (4) The accounts of the Central Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government which shall cause the same to be laid before each House of Parliament. **27. Furnishing of annual reports, etc.—(1) The Central Authority shall prepare once in every year,** in such form, manner and at such time as may be prescribed, an annual report giving full account of its activities during the previous year and such other reports and returns, as may be directed, and copies of such report and returns shall be forwarded to the Central Government. (2) A copy of the annual report received under sub-section (1) shall be laid, as soon as may be after it is received, before each House of Parliament. CHAPTER IV CONSUMER DISPUTER REDRESSAL COMMISSION **28. Establishment of District Consumer Disputes Redressal Commission.—(1) The State** Government shall, by notification, establish a District Consumer Disputes Redressal Commission, to be known as the District Commission, in each district of the State: Provided that the State Government may, if it deems fit, establish more than one District Commission in a district. 17 ----- (2) Each District Commission shall consist of— (a) a President; and (b) not less than two and not more than such number of members as may be prescribed, in consultation with the Central Government. **29. Qualifications, etc., of President and members of District Commission.—The Central** Government may, by notification, make rules to provide for the qualifications, method of recruitment, procedure for appointment, term of office, resignation and removal of the President and members of the District Commission. **30. Salaries, allowances and other terms and conditions of service of President and members of** **District Commission.—The State Government may, by notification, make rules to provide for salaries** and allowances and other terms and conditions of service of the President, and members of the District Commission. **31. Transitional provision.—Any person appointed as President or, as the case may be, a member of** the District Commission immediately before the commencement of this Act shall hold office as such as President or, as the case may be, as member till the completion of his term for which he has been appointed. **32. Vacancy in office of member of District Commission.—If, at any time, there is a vacancy in the** office of the President or member of a District Commission, the State Government may, by notification, direct— (a) any other District Commission specified in that notification to exercise the jurisdiction in respect of that district also; or (b) the President or a member of any other District Commission specified in that notification to exercise the powers and discharge the functions of the President or member of that District Commission also. **33. Officers and other employees of District Commission.—(1) The State Government shall** provide the District Commission with such officers and other employees as may be required to assist the District Commission in the discharge of its functions. (2) The officers and other employees of the District Commission shall discharge their functions under the general superintendence of the President of the District Commission. (3) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the District Commission shall be such as may be prescribed. **34. Jurisdiction of District Commission.—(1) Subject to the other provisions of this Act, the** District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees: Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit. (2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,— (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or (c) the cause of action, wholly or in part, arises; or 18 ----- (d) the complainant resides or personally works for gain. (3) The District Commission shall ordinarily function in the district headquarters and may perform its functions at such other place in the district, as the State Government may, in consultation with the State Commission, notify in the Official Gazette from time to time. **35. Manner in which complaint shall be made.—(1) A complaint, in relation to any goods sold or** delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by— (a) the consumer,— (i) to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided; or (ii) who alleges unfair trade practice in respect of such goods or service; (b) any recognised consumer association, whether the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided, or who alleges unfair trade practice in respect of such goods or service, is a member of such association or not; (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Commission, on behalf of, or for the benefit of, all consumers so interested; or (d) the Central Government, the Central Authority or the State Government, as the case may be: Provided that the complaint under this sub-section may be filed electronically in such manner as may be prescribed. _Explanation.—For the purposes of this sub-section, “recognised consumer association” means any_ voluntary consumer association registered under any law for the time being in force. (2) Every complaint filed under sub-section (1) shall be accompanied with such fee and payable in such manner, including electronic form, as may be prescribed. **36. Proceedings before District Commission.—(1) Every proceeding before the District** Commission shall be conducted by the President of that Commission and atleast one member thereof, sitting together: Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member. (2) On receipt of a complaint made under section 35, the District Commission may, by order, admit the complaint for being proceeded with or reject the same: Provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant: Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was filed. (3) Where the District Commission does not decide the issue of admissibility of the complaint within the period so specified, it shall be deemed to have been admitted. **37. Reference to mediation.—(1) At the first hearing of the complaint after its admission, or at any** later stage, if it appears to the District Commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of Chapter V. 19 ----- (2) Where the parties agree for settlement by mediation and give their consent in writing, the District Commission shall, within five days of receipt of such consent, refer the matter for mediation, and in such case, the provisions of Chapter V, relating to mediation, shall apply. **38. Procedure on admission of complaint.—(1) The District Commission shall, on admission of a** complaint, or in respect of cases referred for mediation on failure of settlement by mediation, proceed with such complaint. (2) Where the complaint relates to any goods, the District Commission shall,— (a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by it; (b) if the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, proceed to settle the consumer dispute in the manner specified in clauses (c) to (g); (c) if the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, obtain a sample of the goods from the complainant, seal it and authenticate it in the manner as may be prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory to make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Commission within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by it; (d) before any sample of the goods is referred to any appropriate laboratory under clause (c), require the complainant to deposit to the credit of the Commission such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question; (e) remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, it shall forward a copy of the report along with such remarks as it may feel appropriate to the opposite party; (f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, require the opposite party or the complainant to submit in writing his objections with regard to the report made by the appropriate laboratory; (g) give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 39. (3) The District Commission shall, if the complaint admitted by it under sub-section (2) of section 36 relates to goods in respect of which the procedure specified in sub-section (2) cannot be followed, or if the complaint relates to any services,— (a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Commission; (b) if the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, it shall proceed to settle the consumer dispute— (i) on the basis of evidence brought to its notice by the complainant and the opposite party, if the opposite party denies or disputes the allegations contained in the complaint, or 20 ----- (ii) _ex parte on the basis of evidence brought to its notice by the complainant, where the_ opposite party omits or fails to take any action to represent his case within the time given by the Commission; (c) decide the complaint on merits if the complainant fails to appear on the date of hearing. (4) For the purposes of sub-sections (2) and (3), the District Commission may, by order, require an electronic service provider to provide such information, documents or records, as may be specified in that order. (5) No proceedings complying with the procedure laid down in [sub-sections (2) and (3)] shall be called in question in any court on the ground that the principles of natural justice have not been complied with. (6) Every complaint shall be heard by the District Commission on the basis of affidavit and documentary evidence placed on record: Provided that where an application is made for hearing or for examination of parties in person or through video conferencing, the District Commission may, on sufficient cause being shown, and after recording its reasons in writing, allow the same. (7) Every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities: Provided that no adjournment shall ordinarily be granted by the District Commission unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Commission: Provided further that the District Commission shall make such orders as to the costs occasioned by the adjournment as may be specified by regulations: Provided also that in the event of a complaint being disposed of after the period so specified, the District Commission shall record in writing, the reasons for the same at the time of disposing of the said complaint. (8) Where during the pendency of any proceeding before the District Commission, if it appears necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case. (9) For the purposes of this section, the District Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:— **(a) the summoning and enforcing the attendance of any defendant or witness and examining the** witness on oath; (b) requiring the discovery and production of any document or other material object as evidence; (c) receiving of evidence on affidavits; (d) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source; (e) issuing of commissions for the examination of any witness, or document; and (f) any other matter which may be prescribed by the Central Government. (10) Every proceeding before the District Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code (45 of 1860), and the District Commission shall be deemed to be a criminal court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). (11) Where the complainant is a consumer referred to in sub-clause (v) of clause (5) of section 2, the provisions of Order I Rule 8 of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall 21 ----- apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Commission thereon. (12) In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be. **39. Findings of District Commission.—(1) Where the District Commission is satisfied that the** goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices, or claims for compensation under product liability are proved, it shall issue an order to the opposite party directing him to do one or more of the following, namely:— (a) to remove the defect pointed out by the appropriate laboratory from the goods in question; (b) to replace the goods with new goods of similar description which shall be free from any defect; (c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant along with such interest on such price or charges as may be decided; (d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party: Provided that the District Commission shall have the power to grant punitive damages in such circumstances as it deems fit; (e) to pay such amount as may be awarded by it as compensation in a product liability action under Chapter VI; (f) to remove the defects in goods or deficiencies in the services in question; (g) to discontinue the unfair trade practice or restrictive trade practice and not to repeat them; (h) not to offer the hazardous or unsafe goods for sale; (i) to withdraw the hazardous goods from being offered for sale; (j) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature; (k) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently: Provided that the minimum amount of sum so payable shall not be less than twenty-five per cent. of the value of such defective goods sold or service provided, as the case may be, to such consumers; (l) to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement; (m) to provide for adequate costs to parties; and (n) to cease and desist from issuing any misleading advertisement. (2) Any amount obtained under sub-section (1) shall be credited to such fund and utilised in such manner as may be prescribed. (3) In any proceeding conducted by the President and a member and if they differ on any point or points, they shall state the point or points on which they differ and refer the same to another member for hearing on such point or points and the opinion of the majority shall be the order of the District Commission: Provided that the other member shall give his opinion on such point or points referred to him within a period of one month from the date of such reference. 22 ----- (4) Every order made by the District Commission under sub-section (1) shall be signed by the President and the member who conducted the proceeding: Provided that where the order is made as per majority opinion under sub-section (3), such order shall also be signed by the other member. **40. Review by District Commission in certain cases.—The District Commission shall have the** power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order. **41. Appeal against order of District Commission.—Any person aggrieved by an order made by the** District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed: Provided that the State Commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period: Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent. of that amount in the manner as may be prescribed: Provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the District Commission pursuant to a settlement by mediation under section 80. **42. Establishment of State Consumer Disputes Redressal Commission.—(1) The State** Government shall, by notification, establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, in the State. (2) The State Commission shall ordinarily function at the State capital and perform its functions at such other places as the State Government may in consultation with the State Commission notify in the Official Gazette: Provided that the State Government may, by notification, establish regional benches of the State Commission, at such places, as it deems fit. (3) Each State Commission shall consist of— (a) a President; and (b) not less than four or not more than such number of members as may be prescribed in consultation with the Central Government. **43. Qualifications, etc., of President and members of State Commission.—The Central** Government may, by notification, make rules to provide for the qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission. **44. Salaries, allowances and other terms and conditions of service of President and members of** **State Commission.—The State Government may, by notification, make rules to provide for salaries and** allowances and other terms and conditions of service of the President and members of the State Commission. **45. Transitional provision.—Any person appointed as President or, as the case may be, a member of** the State Commission immediately before the commencement of this Act shall hold office as such, as President or member, as the case may be, till the completion of his term. **46. Officers and employees of State Commission.—(1) The State Government shall determine the** nature and categories of the officers and other employees required to assist the State Commission in the discharge of its functions and provide the Commission with such officers and other employees as it may think fit. (2) The officers and other employees of the State Commission shall discharge their functions under the general superintendence of the President. 23 ----- (3) The salaries and allowances payable to and the other terms and conditions of service of, the officers and other employees of the State Commission shall be such as may be prescribed. **47. Jurisdiction of State Commission.—(1) Subject to the other provisions of this Act, the State** Commission shall have jurisdiction— (a) to entertain— (i) complaints where the value of the goods or services paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crore: Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit; (ii) complaints against unfair contracts, where the value of goods or services paid as consideration does not exceed ten crore rupees; (iii) appeals against the orders of any District Commission within the State; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Commission within the State, where it appears to the State Commission that such District Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. (2) The jurisdiction, powers and authority of the State Commission may be exercised by Benches thereof, and a Bench may be constituted by the President with one or more members as the President may deem fit: Provided that the senior-most member shall preside over the Bench. (3) Where the members of a Bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it: Provided that the President or the other members, as the case may be, shall give opinion on the point or points so referred within a period of one month from the date of such reference. (4) A complaint shall be instituted in a State Commission within the limits of whose jurisdiction,- (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided in such case, the permission of the State Commission is given; or (c) the cause of action, wholly or in part, arises; or (d) the complainant resides or personally works for gain. **48. Transfer of cases.—On the application of the complainant or of its own motion, the State** Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission to another District Commission within the State if the interest of justice so requires. **49. Procedure applicable to State Commission.—(1) The provisions relating to complaints under** sections 35, 36, 37, 38 and 39 shall, with such modifications as may be necessary, be applicable to the disposal of complaints by the State Commission. 24 ----- (2) Without prejudice to the provisions of sub-section (1), the State Commission may also declare any terms of contract, which is unfair to any consumer, to be null and void. **50. Review by State Commission in certain cases.—The State Commission shall have the power to** review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order. **51. Appeal to National Commission.—(1) Any person aggrieved by an order made by the State** Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 47 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed: Provided that the National Commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period: Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited fifty per cent. of that amount in the manner as may be prescribed. (2) Save as otherwise expressly provided under this Act or by any other law for the time being in force, an appeal shall lie to the National Commission from any order passed in appeal by any State Commission, if the National Commission is satisfied that the case involves a substantial question of law. (3) In an appeal involving a question of law, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. (4) Where the National Commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question and hear the appeal on that question: Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the National Commission to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law, if it is satisfied that the case involves such question of law. (5) An appeal may lie to the National Commission under this section from an order passed ex parte by the State Commission. **52. Hearing of appeal.—An appeal filed before the State Commission or the National Commission,** as the case may be, shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of ninety days from the date of its admission: Provided that no adjournment shall ordinarily be granted by the State Commission or the National Commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission: Provided further that the State Commission or the National Commission, as the case may be, shall make such orders as to the costs occasioned by the adjournment, as may be specified by regulations: Provided also that in the event of an appeal being disposed of after the period so specified, the State Commission or the National Commission, as the case may be, shall record in writing the reasons for the same at the time of disposing of the said appeal. **53. Establishment of National Consumer Disputes Redressal Commission.—(1) The Central** Government shall, by notification, establish a National Consumer Disputes Redressal Commission, to be known as the National Commission. (2) The National Commission shall ordinarily function at the National Capital Region and perform its functions at such other places as the Central Government may in consultation with the National Commission notify in the Official Gazette: Provided that the Central Government may, by notification, establish regional Benches of the National Commission, at such places, as it deems fit. **54. Composition of National Commission.—The National Commission shall consist of—** 25 ----- (a) a President; and (b) not less than four and not more than such number of members as may be prescribed. **55. Qualifications, etc., of President and members of National Commission.—(1) The Central** Government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the President and members of the National Commission: Provided that the President and members of the National Commission shall hold office for such term as specified in the rules made by the Central Government but not exceeding five years from the date on which he enters upon his office and shall be eligible for re-appointment: Provided further that no President or members shall hold office as such after he has attained such age as specified in the rules made by the Central Government which shall not exceed,— (a) in the case of the President, the age of seventy years; (b) in the case of any other member, the age of sixty-seven years. 1[(1A) Notwithstanding anything contained in sub-section (1), the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the President and other members of the National Commission appointed after the commencement of the Tribunal Reforms Act, 2021, shall be governed by the provisions of the said Act.] (2) Neither the salary and allowances nor the other terms and conditions of service of President and members of the National Commission shall be varied to his disadvantage after his appointment. **56. Transitional provision.—The President and every other member appointed immediately before** the commencement of section 177 of the Finance Act, 2017 (7 of 2017) shall continue to be governed by the provisions of the Consumer Protection Act, 1986 (68 of 1986) and the rules made there under as if this Act had not come into force. **57. Other officers and employees of National Commission.—(1) The Central Government shall** provide, in consultation with the President of the National Commission, such number of officers and other employees to assist the National Commission in the discharge of its functions as it may think fit. (2) The officers and other employees of the National Commission shall discharge their functions under the general superintendence of the President of the National Commission. (3) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the National Commission shall be such as may be prescribed. **58. Jurisdiction of National Commission.—(1) Subject to the other provisions of this Act, the** National Commission shall have jurisdiction— (a) to entertain— (i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crore: Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit; (ii) complaints against unfair contracts, where the value of goods or services paid as consideration exceeds ten crore rupees; (iii) appeals against the orders of any State Commission; (iv) appeals against the orders of the Central Authority; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission 1. Ins. by Act 33 of 2021, s. 30 (w.e.f. 4-4-2021). 26 ----- that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity. (2) The jurisdiction, powers and authority of the National Commission may be exercised by Benches thereof and a Bench may be constituted by the President with one or more members as he may deem fit: Provided that the senior-most member of the Bench shall preside over the Bench. (3) Where the members of a Bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it: Provided that the President or the other member, as the case may be, shall give opinion on the point or points so referred within a period of two months from the date of such reference. **59. Procedure applicable to National Commission.—(1) The provisions relating to complaints** under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be considered necessary, be applicable to the disposal of complaints by the National Commission. (2) Without prejudice to sub-section (1), the National Commission may also declare any terms of contract, which is unfair to any consumer to be null and void. **60. Review by National Commission in certain cases.—The National Commission shall have the** power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order. **61. Power to set aside ex parte orders.—Where an order is passed by the National Commission ex** _parte, the aggrieved party may make an application to the Commission for setting aside such order._ **62. Transfer of cases.—On the application of the complainant or of its own motion, the National** Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Commission of one State to a District Commission of another State or before one State Commission to another State Commission. **63. Vacancy in office of President of National Commission.—When the office of President of the** National Commission is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior-most member of the National Commission: Provided that where a retired Judge of a High Court or a person who has been a Judicial Member is a member of the National Commission, such member or where the number of such members is more than one, the senior-most person amongst such members, shall preside over the National Commission in the absence of President of that Commission. **64. Vacancies or defects in appointment not to invalidate orders.—No act or proceeding of the** District Commission, the State Commission or the National Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. **65. Service of notice, etc.—(1) All notices, required by this Act to be served, shall be served by** delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the District Commission, the State Commission or the National Commission, as the case may be, or by any other mode of transmission of documents including electronic means. (2) Without prejudice to the provisions contained in sub-section (1), the notice required by this Act may be served on an electronic service provider at the address provided by it on the electronic platform from where it provides its services as such and for this purpose, the electronic service provider shall designate a nodal officer to accept and process such notices. 27 ----- (3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or, as the case may be, by the complainant is received by the District Commission, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back by such District Commission, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (1) when tendered or transmitted to him, the District Commission or the State Commission or the National Commission, as the case may be, shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be: Provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for any other reason, has not been received by the District Commission, the State Commission or the National Commission, as the case may be, within thirty days from the date of issue of notice. (4) All notices required to be served on an opposite party or to complainant, as the case may be, shall be deemed to be sufficiently served, if addressed in the case of the opposite party, to the place where business or profession is carried on, and in case of the complainant, the place where such person actually and voluntarily resides. **66. Experts to assist National Commission or State Commission.—Where the National** Commission or the State Commission, as the case may be, on an application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or expert to assist the National Commission or the State Commission, as the case may be. **67. Appeal against order of National Commission.—Any person, aggrieved by an order made by** the National Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 58, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period: Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited fifty per cent. of that amount in the manner as may be prescribed. **68. Finality of orders.—Every order of a District Commission or the State Commission or the** National Commission, as the case may be, shall, if no appeal has been preferred against such order under the provisions of this Act, be final. **69. Limitation period.—(1) The District Commission, the State Commission or the National** Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. (2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be entertained unless the District Commission or the State Commission or the National Commission, as the case may be, records its reasons for condoning such delay. **70. Administrative control.—(1) The National Commission shall have the authority to lay down** such adequate standards in consultation with the Central Government from time to time, for better protection of the interests of consumers and for that purpose, shall have administrative control over all the State Commissions in the following matters, namely:— 28 ----- (a) monitoring performance of the State Commissions in terms of their disposal by calling for periodical returns regarding the institution, disposal and pendency of cases; (b) investigating into any allegations against the President and members of a State Commission and submitting inquiry report to the State Government concerned along with copy endorsed to the Central Government for necessary action; (c) issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of judgments written in any language, speedy grant of copies of documents; (d) overseeing the functioning of the State Commission or the District Commission either by way of inspection or by any other means, as the National Commission may like to order from time to time, to ensure that the objects and purposes of the Act are best served and the standards set by the National Commission are implemented without interfering with their quasi-judicial freedom. (2) There shall be a monitoring cell to be constituted by the President of the National Commission to oversee the functioning of the State Commissions from the administrative point of view. (3) The State Commission shall have administrative control over all the District Commissions within its jurisdiction in all matters referred to in sub-section (1). (4) The National Commission and the State Commissions shall furnish to the Central Government periodically or as and when required, any information including the pendency of cases in such form and manner as may be prescribed. (5) The State Commission shall furnish, periodically or as and when required to the State Government any information including pendency of cases in such form and manner as may be prescribed. **71. Enforcement of orders of District Commission, State Commission and National** **Commission.—Every order made by a District Commission, State Commission or the National** Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act. **72. Penalty for non-compliance of order.—(1) Whoever fails to comply with any order made by the** District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offences under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973. (3) Save as otherwise provided, the offences under sub-section (1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be. **73. Appeal against order passed under section 72.—(1) Notwithstanding anything contained in the** Code of Criminal Procedure, 1973 (2 of 1974), where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on facts and on law from— (a) the order made by the District Commission to the State Commission; (b) the order made by the State Commission to the National Commission; and (c) the order made by the National Commission to the Supreme Court. 29 ----- (2) Except as provided in sub-section (1), no appeal shall lie before any court, from any order of a District Commission or a State Commission or the National Commission, as the case may be. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of order of a District Commission or a State Commission or the National Commission, as the case may be: Provided that the State Commission or the National Commission or the Supreme Court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period of thirty days. CHAPTER V MEDIATION **74. Establishment of consumer mediation cell.—(1) The State Government shall establish, by** notification, a consumer mediation cell to be attached to each of the District Commissions and the State Commissions of that State. (2) The Central Government shall establish, by notification, a consumer mediation cell to be attached to the National Commission and each of the regional Benches. (3) A consumer mediation cell shall consist of such persons as may be prescribed. (4) Every consumer mediation cell shall maintain— (a) a list of empanelled mediators; (b) a list of cases handled by the cell; (c) record of proceeding; and (d) any other information as may be specified by regulations. (5) Every consumer mediation cell shall submit a quarterly report to the District Commission, State Commission or the National Commission to which it is attached, in the manner specified by regulations. **75. Empanelment of mediators.—(1) For the purpose of mediation, the National Commission or the** State Commission or the District Commission, as the case may be, shall prepare a panel of the mediators to be maintained by the consumer mediation cell attached to it, on the recommendation of a selection committee consisting of the President and a member of that Commission. (2) The qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and other matters relating thereto, shall be such as may be specified by regulations. (3) The panel of mediators prepared under sub-section (1) shall be valid for a period of five years, and the empanelled mediators shall be eligible to be considered for re-empanelment for another term, subject to such conditions as may be specified by regulations. **76. Nomination of mediators from panel.—The District Commission, the State Commission or the** National Commission shall, while nominating any person from the panel of mediators referred to in section 75, consider his suitability for resolving the consumer dispute involved. **77. Duty of mediator to disclose certain facts.—It shall be the duty of the mediator to disclose—** (a) any personal, professional or financial interest in the outcome of the consumer dispute; (b) the circumstances which may give rise to a justifiable doubt as to his independence or impartiality; and (c) such other facts as may be specified by regulations. **78. Replacement of mediator in certain cases.—Where the District Commission or the State** Commission or the National Commission, as the case may be, is satisfied, on the information furnished by 30 ----- the mediator or on the information received from any other person including parties to the complaint and after hearing the mediator, it shall replace such mediator by another mediator. **79. Procedure for mediation.—(1) The mediation shall be held in the consumer mediation cell** attached to the District Commission, the State Commission or the National Commission, as the case may be. (2) Where a consumer dispute is referred for mediation by the District Commission or the State Commission or the National Commission, as the case may be, the mediator nominated by such Commission shall have regard to the rights and obligations of the parties, the usages of trade, if any, the circumstances giving rise to the consumer dispute and such other relevant factors, as he may deem necessary and shall be guided by the principles of natural justice while carrying out mediation. (3) The mediator so nominated shall conduct mediation within such time and in such manner as may be specified by regulations. **80. Settlement through mediation.—(1) Pursuant to mediation, if an agreement is reached between** the parties with respect to all of the issues involved in the consumer dispute or with respect to only some of the issues, the terms of such agreement shall be reduced to writing accordingly, and signed by the parties to such dispute or their authorised representatives. (2) The mediator shall prepare a settlement report of the settlement and forward the signed agreement along with such report to the concerned Commission. (3) Where no agreement is reached between the parties within the specified time or the mediator is of the opinion that settlement is not possible, he shall prepare his report accordingly and submit the same to the concerned Commission. **81. Recording settlement and passing of order.—(1) The District Commission or the State** Commission or the National Commission, as the case may be, shall, within seven days of the receipt of the settlement report, pass suitable order recording such settlement of consumer dispute and dispose of the matter accordingly. (2) Where the consumer dispute is settled only in part, the District Commission or the State Commission or the National Commission, as the case may be, shall record settlement of the issues which have been so settled and continue to hear other issues involved in such consumer dispute. (3) Where the consumer dispute could not be settled by mediation, the District Commission or the State Commission or the National Commission, as the case may be, shall continue to hear all the issues involved in such consumer dispute. CHAPTER VI PRODUCT LIABILITY **82. Application of Chapter.—This Chapter shall apply to every claim for compensation under a** product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or sold by a product seller. **83. Product liability action.—A product liability action may be brought by a complainant against a** product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product. **84. Liability of product manufacturer.—(1) A product manufacturer shall be liable in a product** liability action, if— (a) the product contains a manufacturing defect; or (b) the product is defective in design; or (c) there is a deviation from manufacturing specifications; or (d) the product does not conform to the express warranty; or 31 ----- (e) the product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage. (2) A product manufacturer shall be liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product. **85. Liability of product service provider.—A product service provider shall be liable in a product** liability action, if— (a) the service provided by him was faulty or imperfect or deficient or inadequate in quality, nature or manner of performance which is required to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise; or (b) there was an act of omission or commission or negligence or conscious withholding any information which caused harm; or (c) the service provider did not issue adequate instructions or warnings to prevent any harm; or (d) the service did not conform to express warranty or the terms and conditions of the contract. **86. Liability of product sellers.—A product seller who is not a product manufacturer shall be liable** in a product liability action, if— (a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; or (b) he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm; or (c) he has made an express warranty of a product independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm; or (d) the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or he is not subject to the law which is in force in India or the order, if any, passed or to be passed cannot be enforced against him; or (e) he failed to exercise reasonable care in assembling, inspecting or maintaining such product or he did not pass on the warnings or instructions of the product manufacturer regarding the dangers involved or proper usage of the product while selling such product and such failure was the proximate cause of the harm. **87. Exceptions to product liability action.—(1) A product liability action cannot be brought against** the product seller if, at the time of harm, the product was misused, altered, or modified. (2) In any product liability action based on the failure to provide adequate warnings or instructions, the product manufacturer shall not be liable, if— (a) the product was purchased by an employer for use at the workplace and the product manufacturer had provided warnings or instructions to such employer; (b) the product was sold as a component or material to be used in another product and necessary warnings or instructions were given by the product manufacturer to the purchaser of such component or material, but the harm was caused to the complainant by use of the end product in which such component or material was used; (c) the product was one which was legally meant to be used or dispensed only by or under the supervision of an expert or a class of experts and the product manufacturer had employed reasonable means to give the warnings or instructions for usage of such product to such expert or class of experts; or (d) the complainant, while using such product, was under the influence of alcohol or any prescription drug which had not been prescribed by a medical practitioner. 32 ----- (3) A product manufacturer shall not be liable for failure to instruct or warn about a danger which is obvious or commonly known to the user or consumer of such product or which, such user or consumer, ought to have known, taking into account the characteristics of such product. CHAPTER VII OFFENCES AND PENALTIES **88. Penalty for non-compliance of direction of Central Authority.—Whoever, fails to comply** with any direction of the Central Authority under sections 20 and 21, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty lakh rupees, or with both. **89. Punishment for false or misleading advertisement.—Any manufacturer or service provider** who causes a false or misleading advertisement to be made which is prejudicial to the interest of consumers shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees; and for every subsequent offence, be punished with imprisonment for a term which may extend to five years and with fine which may extend to fifty lakh rupees. **90. Punishment for manufacturing for sale or storing, selling or distributing or importing** **products containing adulterant.—(1) Whoever, by himself or by any other person on his behalf,** manufactures for sale or stores or sells or distributes or imports any product containing an adulterant shall be punished, if such act— (a) does not result in any injury to the consumer, with imprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees; (b) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees; (c) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees; and (d) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees. (2) The offences under clauses (c) and (d) of sub-section (1) shall be cognizable and non-bailable. (3) Notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licence. _Explanation.—For the purposes of this section,—_ (a) “adulterant” means any material including extraneous matter which is employed or used for making a product unsafe; (b) “grievous hurt” shall have the same meaning as assigned to it in section 320 of the Indian Penal Code (45 of 1860). **91. Punishment for manufacturing for sale or for storing or selling or distributing or importing** **spurious goods.—(1) Whoever, by himself or by any other person on his behalf, manufactures for sale or** stores or sells or distributes or imports any spurious goods shall be punished, if such act— (a) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees; (b) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees; (c) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees. 33 ----- (2) The offences under clauses (b) and (c) of sub-section (1) shall be cognizable and non-bailable. (3) Notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licence. **92. Cognizance of offence by court.—No cognizance shall be taken by a competent court of any** offence under sections 88 and 89 except on a complaint filed by the Central Authority or any officer authorised by it in this behalf. **93. Vexatious search.—The Director General or any other officer, exercising powers under section** 22, who knows that there are no reasonable grounds for so doing, and yet— (a) searches, or causes to be searched any premises; or (b) seizes any record, register or other document or article, shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both. CHAPTER VIII MISCELLANEOUS **94. Measures to prevent unfair trade practices in e-commerce, direct selling, etc.—For the** purposes of preventing unfair trade practices in e-commerce, direct selling and also to protect the interest and rights of consumers, the Central Government may take such measures in the manner as may be prescribed. **95. Presidents, members, Chief Commissioner, Commissioner and certain officers to be public** **servants.—The Presidents and members of the District Commission, the State Commission and the** National Commission, and officers and other employees thereof, the Chief Commissioner and the Commissioner of the Central Authority, the Director General, the Additional Director General, the Director, the Joint Director, the Deputy Director and the Assistant Director and all other officers and employees of the Central Authority and other persons performing any duty under this Act, while acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **96. Compounding of offences.—(1) Any offence punishable under sections 88 and 89, may, either** before or after the institution of the prosecution, be compounded, on payment of such amount as may be prescribed: Provided that no compounding of such offence shall be made without the leave of the court before which a complaint has been filed under section 92: Provided further that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded. (2) The Central Authority or any officer as may be specially authorised by him in this behalf, may compound offences under sub-section (1). (3) Nothing in sub-section (1) shall apply to person who commits the same or similar offence, within a period of three years from the date on which the first offence, committed by him, was compounded. _Explanation.—For the purposes of this sub-section, any second or subsequent offence committed after_ the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence. (4) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded. (5) The acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the Central Authority or an officer of the Central Authority empowered in this behalf shall be 34 ----- deemed to amount to an acquittal within the meaning of the Code of Criminal Procedure, 1973 (2 of 1974). **97. Manner of crediting penalty.—The penalty collected under section 21 and the amount collected** under section 96 shall be credited to such fund as may be prescribed. **98. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Presidents and members of the District Commission, the State Commission and the National Commission, the Chief Commissioner, the Commissioner, any officer or employee and other person performing any duty under this Act, for any act which is in good faith done or intended to be done in pursuance of this Act or under any rule or order made thereunder. **99. Power to give directions by Central Government.—(1) Without prejudice to the foregoing** provisions of this Act, the Central Authority, shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, as the Central Government may give in writing to it from time to time: Provided that the Central Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Central Government whether a question is one of policy or not shall be final. **100. Act not in derogation of any other law.—The provisions of this Act shall be in addition to and** not in derogation of the provisions of any other law for the time being in force. **101. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules for carrying out any of the provisions contained in this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for, — (a) the other class or classes of persons including public utility entities under clause (19) of section 2; (b) the contest, lottery, game of chance or skill which are to be exempted under item (b) of sub clause (iii) of clause (47) of section 2; (c) the manner of issuing bill or cash memo or receipt for goods sold or services rendered under sub-clause (vii) of clause (47) of section 2; (d) the number of other official or non-official members of the Central Council under clause (b) of sub-section (2) of section 3; (e) the time and place of meeting of Central Council and the procedure for the transaction of its business under sub-section (2) of section 4; (f) the number of Commissioners in the Central Authority under sub-section (2) of section 10; (g) the qualifications for appointment, method of recruitment, procedure of appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chief Commissioner and other Commissioners of the Central Authority under section 11; (h) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Central Authority under sub-section (2) of section 13; (i) the qualifications for appointment of Director General, Additional Director General, Director, Joint Director, Deputy Director and Assistant Director and the manner of appointment under subsection (2) of section 15; (j) the manner of taking copies or extracts of document, record or article seized or produced before returning to the person under sub-section (3) of section 22; (k) the officer and the manner of disposing of articles which are subject to speedy or natural decay under sub-section (4) of section 22; 35 ----- (l) the form and manner for preparing annual statement of accounts by the Central Authority in consultation with the Comptroller and Auditor-General of India under sub-section (1) of section 26; (m) the form in which, and the time within which, an annual report, other reports and returns may be prepared by the Central Authority under sub-section (1) of section 27; (n) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of President and members of the District Commission under section 29; (o) the other value of goods and services in respect of which the District Commission shall have jurisdiction to entertain complaints under proviso to sub-section (1) of section 34; (p) the manner of electronically filing complaint under the proviso to sub-section (1) of section 35; (q) the fee, electronic form and the manner of payment of fee for filing complaint under sub-section (2) of section 35; (r) the cases which may not be referred for settlement by mediation under sub-section (1) of section 37; (s) the manner of authentication of goods sampled in case of the National Commission under clause (c) of sub-section (2) of section 38; (t) any other matter which may be prescribed under clause (f) of sub-section (9) of section 38; (u) the fund where the amount obtained may be credited and the manner of utilisation of such amount under sub-section (2) of section 39; (v) the form and the manner in which appeal may be preferred to the State Commission under section 41; (w) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of the President and members of the State Commission under section 43; (x) the other value of goods and services in respect of which the State Commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section (1) of section 47; (y) the form and manner of filing appeal to the National Commission, and the manner of depositing fifty per cent. of the amount before filing appeal, under sub-section (1) of section 51; (z) the number of members of the National Commission under clause (b) of section 54; (za) the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the President and members of the National Commission under sub-section (1) of section 55; (zb) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the National Commission under sub-section (3) of section 57; (zc) the other value of goods and services in respect of which the National Commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section (1) of section 58; _(zd) the manner of depositing fifty per cent. of the amount under the second proviso to section 67;_ (ze) the form in which the National Commission and the State Commission shall furnish information to the Central Government under sub-section (4) of section 70; (zf) the persons in the consumer mediation cell under sub-section (3) of section 74; (zg) the measures to be taken by the Central Government to prevent unfair trade practices in e-commerce, direct selling under section 94; (zh) the amount for compounding offences under sub-section (1) of section 96; 36 ----- (zi) the fund to which the penalty and amount collected shall be credited under section 97; and (zj) any other matter which is to be, or may be, prescribed, or in respect of which provisions are to be, or may be, made by rules **102. Power of State Government to make rules.—(1) The State Governments may, by** notification, make rules for carrying out the provisions of this Act: Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government and while making any such rules, so far as is practicable, they shall conform to such model rules. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the other class or classes of persons including public utility entities under clause (19) of section 2; (b) the contest, lottery, game of chance or skill which are to be exempted under item (b) of sub-clause (iii) of clause (47) of section 2; (c) the number of other official or non-official members of the State Council under clause (b) of sub-section (2) of section 6; (d) the time and place of meeting of the State Council and the procedure for the transaction of its business under sub-section (4) of section 6; (e) the number of other official and non-official members of District Council under clause (b) of sub-section (2) of section 8; (f) the time and place of meeting of the District Council and procedure for the transaction of its business under sub-section (4) of section 8; (g) the number of members of the District Commission under clause (b) of sub-section (2) of section 28; (h) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the District Commission under section 30; (i) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the District Commission under sub-section (3) of section 33; (j) the manner of authentication of goods sampled by the State Commission and the District Commission under clause (c) of sub-section (2) of section 38; (k) the manner of depositing fifty per cent. of the amount before filing appeal under second proviso to section 41; (l) the number of members of the State Commission under sub-section (3) of section 42; (m) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the State Commission under section 44; (n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the State Commission under sub-section (3) of section 46; (o) the form in which the State Commission shall furnish information to the State Government under sub-section (5) of section 70; (p) the persons in the consumer mediation cell under sub-section (3) of section 74; (q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules. 37 ----- **103. Power of National Commission to make regulations.—(1) The National Commission may,** with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may make provisions for— (a) the costs for adjournment to be imposed by the District Commission under the second proviso to sub-section (7) of section 38; (b) the costs for adjournment to be imposed by the State Commission or the National Commission, as the case may be, under the second proviso to section 52; (c) the maintenance of any other information by the consumer mediation cell under sub-section (4) of section 74; (d) the manner of submission of quarterly report by consumer mediation cell to the District Commission, the State Commission or the National Commission under sub-section (5) of section 74; (e) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and the other matters relating thereto under sub-section (2) of section 75; (f) the conditions for re-empanelment of mediators for another term under sub-section (3) of section 75; (g) the other facts to be disclosed by mediators under clause (c) of section 77; (h) the time within which, and the manner in which, mediation may be conducted under sub-section (3) of section 79; and (i) such other matter for which provision is to be, or may be, made by regulation. **104. Power of Central Authority to make regulations.—(1) The Central Authority may, with the** previous approval of the Central Government, by notification, make regulations not inconsistent with this Act, for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the procedure for engaging experts and professionals and the number of such experts and professionals under sub-section (3) of section 13; (b) the procedure for transaction of business and the allocation of business of the Chief Commissioner and Commissioner under sub-section (1) of section 14; (c) the form, manner and time within which, inquiries or investigation made by the Director-General shall be submitted to the Central Authority under sub-section (5) of section 15; and (d) such other matter for which provision is to be, or may be, made by regulation. **105. Rules and regulations to be laid before each House of Parliament.—(1) Every rule and every** regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or 38 ----- annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. (2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature. **106. Power to Remove Difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. **107. Repeal and savings.—(1) The Consumer Protection Act, 1986 (68 of 1986) is hereby repealed.** (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act hereby repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal. 39 -----

12-Nov-2019

45

The National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/13080/1/A2019-45.pdf

central

# THE NATIONAL CAPITAL TERRITORY OF DELHI (RECOGNITION OF PROPERTY RIGHTS OF RESIDENTS IN UNAUTHORISED COLONIES) ACT, 2019 _____________ ARRANGEMENT OF SECTIONS _____________ SECTIONS 1. Short title and extent. 2. Definitions. 3. Recognition of property rights. 1 ----- # THE NATIONAL CAPITAL TERRITORY OF DELHI (RECOGNITION OF PROPERTY RIGHTS OF RESIDENTS IN UNAUTHORISED COLONIES) ACT, 2019 ACT NO. 45 OF 2019 [11th December, 2019.] An Act to provide special provisions for the National Capital Territory of Delhi for recognising # the property rights of resident in unauthorised colonies by securing the rights of ownership or transfer or mortgage in favour of the residents of such colonies who are possessing properties on the basis of Power of Attorney, Agreement to Sale, Will, possession letter or any other documents including documents evidencing payment of consideration and for the matters connected therewith or incidental thereto. WHEREAS there has been phenomenal increase in the population of the National Capital Territory of Delhi in the last few decades owing to migration and other factors but development of planned housing colonies have not kept pace with the requirements of a burgeoning population resulting in the increase of unauthorised colonies; AND WHEREAS number of unauthorised colonies have been identified in the National Capital Territory of Delhi on the basis of applications made by the Residents Welfare Associations for regularisation in pursuance to notification number S.O. 683(E), dated the 24th March, 2008 of the Delhi Development Authority, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 24th March, 2008; AND WHEREAS the properties in these colonies are not being registered by registering authority and thereby the residents do not have any title documents in respect of such properties and the Banks and financial institutions do not extend any credit facilities in respect of said properties; AND WHEREAS the ownership of the properties in unauthorised colonies have been transferred several times through registered or un-registered or notarised Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration and stamp duty on these multiple transactions have neither assessed nor been paid; AND WHEREAS the stamp duty on the conveyance deed or authorisation slip, as the case may be, is leviable as per minimum rates (circle rates) specified in the notification of the Government of the National Capital Territory of Delhi published vide number F.1(953) Regn. Br./ Div. Com/HQ/2014, dated the 22nd September, 2014 or the sale consideration mentioned in the conveyance deed or authorisation slip, as the case may be, whichever is higher; AND WHEREAS the Supreme Court in the case of Suraj Lamp & Industries (P) Ltd. Vs. State of Haryana & others vide its judgment dated the 11th October, 2011 had held that sale agreement/general Power of Attorney or Will transactions are not “transfers” or “sales” and that such transactions cannot be treated as completed transfers or conveyances and they can continue to be treated as existing agreement of sale; AND WHEREAS keeping in view the socio-economic conditions of the residents of these unauthorised colonies and ground realities, it is desirable to recognise and confer rights of ownership or transfer or mortgage to the residents of such colonies on the basis of Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration and to facilitate development or re-development that may improve existing infrastructure, civic and social amenities which may lead to better quality of life; 2 ----- AND WHEREAS it is expedient to have a law to recognise and confer rights of ownership or transfer or mortgage to the residents of unauthorised colonies as one time special measure. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the National Capital Territory of Delhi** (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019. (2) It extends to the National Capital Territory of Delhi. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “resident” means a person having physical possession of property on the basis of a registered sale deed or latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration in respect of a property in unauthorised colonies and includes their legal heirs but does not include tenant, licensee or permissive user; (b) “unauthorised colony” means a colony or development comprising of a contiguous area, where no permission has been obtained for approval of layout plan or building plans and has been identified for regularisation of such colony in pursuance to the notification number S.O. 683(E), dated the 24th March, 2008 of the Delhi Development Authority, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 24th March, 2008. **3. Recognition of property rights.—(1) Notwithstanding anything contained in the Indian Stamp** Act, 1899 (2 of 1899) and the Registration Act, 1908 (16 of 1908) as applicable to the National Capital Territory of Delhi or any rules or regulations or bye-laws made there under and the judgment of the Supreme Court in the case of Suraj Lamp & Industries (P) Ltd. Vs. State of Haryana & others, dated the 11th October, 2011, the Central Government may, by notification in the Official Gazette, regularise the transactions of immovable properties based on the latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration for conferring or recognising right of ownership or transfer or mortgage in regard to an immovable property in favour of a resident of an unauthorised colony. (2) The Central Government may, by notification published in the Official Gazette, fix charges on payment of which transactions of immovable properties based on the latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration for conferring or recognising right of ownership or transfer or mortgage in regard to an immovable property in favour of a resident of an unauthorised colony through a conveyance deed or authorisation slip, as the case may be. (3) Notwithstanding anything contained in section 27 of the Indian Stamp Act, 1899 (2 of 1899), the stamp duty and registration charges shall be payable on the amount mentioned in the conveyance deed or authorisation slip, as the case may be. (4) Any resident of an unauthorised colony having registered or un-registered or notarised Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration shall be eligible for right of ownership or transfer or mortgage through a conveyance deed or authorisation slip, as the case may be, on payment of charges referred to in sub-section (2). (5) No stamp duty and registration charges shall be payable on any previous sale transactions made prior to any transaction referred to in sub-section (4). (6) The tenants, licensees or permissive users shall not be considered for conferring or recognising any property rights under this Act. 3 -----

5-Dec-2019

42

The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/13078/1/A2019-42.pdf

central

# THE PROHIBITION OF ELECTRONIC CIGARETTES (PRODUCTION, MANUFACTURE, IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION, STORAGE AND ADVERTISEMENT) ACT, 2019 _____________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and commencement. 2. Declaration as to expediency of control by Union. 3. Definitions. 4. Prohibition on production, manufacturing, import, export, transport, sale, distribution, advertisement of electronic cigarettes. 5. Prohibition on storage of electronic cigarettes. 6. Power to enter, search and seize without warrant. 7. Punishment for contravention of section 4. 8. Punishment for contravention of section 5. 9. Jurisdiction and trial of offences. 10. Power to dispose of stock seized. 11. Offences by companies. 12. . Cognizance of offences. 13. Offences to be cognizable. 14. Act to have overriding effect. 15. Application of other laws not barred. 16. Protection of action taken in good faith. 17. Power to remove difficulties. 18. Repeal and savings. 1 ----- # THE PROHIBITION OF ELECTRONIC CIGARETTES (PRODUCTION, MANUFACTURE, IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION, STORAGE AND ADVERTISEMENT) ACT, 2019 ACT NO. 42 OF 2019 [05th December, 2019.] # An Act to prohibit the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes in the interest of public health to protect the people from harm and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Prohibition of Electronic** Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. (2) It shall be deemed to have come into force on the 18th day of September, 2019. **2. Declaration as to expediency of control by Union.—It is hereby declared that it is expedient in** the public interest that the Union should take under its control the electronic cigarettes industry. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “advertisement” means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website or social media and includes through any notice, circular, label, wrapper, invoice or other document or device; (b) “authorised officer” means— (i) any police officer not below the rank of sub-inspector; or (ii) any other officer, not below the rank of sub-inspector, authorised by the Central Government or the State Government by notification; (c) “distribution” includes distribution by way of samples, whether free or otherwise and the expression “distribute” shall be construed accordingly; (d) “electronic cigarette” means an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called and whatever shape, size or form it may have, but does not include any product licensed under the Drugs and Cosmetics Act, 1940 (23 of 1940). _Explanation.—For the purposes of this clause, the expression “substance” includes any natural or_ artificial substance or other matter, whether it is in a solid state or in liquid form or in the form of gas or vapour; (e) “export” with its grammatical variations and cognate expressions, means taking out of India to a place outside India; (f) “import” with its grammatical variations and cognate expressions, means bringing into India from a place outside India; (g) “manufacture” means a process for making or assembling electronic cigarettes and any part thereof, which includes any sub-process, incidental or ancillary to the manufacture of electronic cigarettes and any part thereof; (h) “notification” means a notification published in the Official Gazette; 2 ----- (i) “person” includes- (i) any individual or group of individuals; (ii) a firm (whether registered or not); (iii) a Hindu Undivided Family; (iv) a trust; (v) a limited liability partnership; (vi) a co-operative society; (vii) any corporation or company or body of individuals; and (viii) every artificial juridical person not falling within any of the preceding sub-clauses; (j) “place” includes any house, room, enclosure, space, conveyance or the area in like nature; (k) “production” with its grammatical variations and cognate expressions, includes the making or assembling of electronic cigarettes and any part thereof; (l) “sale” with its grammatical variations and cognate expressions, means any transfer of property in goods (including online transfer) by one person to another, whether for cash or on credit, or by way of exchange, and whether wholesale or retail, and includes an agreement for sale, and offer for sale and exposure for sale. **4. Prohibition on production, manufacturing, import, export, transport, sale, distribution,** **advertisement of electronic cigarettes.—On and from the date of commencement of this Act, no person** shall, directly or indirectly,— (i) produce or manufacture or import or export or transport or sell or distribute electronic cigarettes, whether as a complete product or any part thereof; and (ii) advertise electronic cigarettes or take part in any advertisement that directly or indirectly promotes the use of electronic cigarettes. **5. Prohibition on storage of electronic cigarettes.—On and from the date of commencement of this** Act, no person, being the owner or occupier or having the control or use of any place shall, knowingly permit it to be used for storage of any stock of electronic cigarettes: Provided that any existing stock of electronic cigarettes as on the date of the commencement of this Act kept for sale, distribution, transport, export or advertisement shall be disposed of in the manner hereinafter specified— (a) the owner or occupier of the place with respect to the existing stock of electronic cigarettes shall, _suo motu, prepare a list of such stock of electronic cigarettes in his possession and without_ unnecessary delay submit the stock as specified in the list to the nearest office of the authorised officer; and (b) the authorised officer to whom any stock of electronic cigarettes is forwarded under clause (a) shall, with all convenient despatch, take such measures as may be necessary for the disposal according to the law for the time being in force. **6. Power to enter, search and seize without warrant.—(1) An authorised officer, if he has reason** to believe that any provision of this Act has been, or is being contravened, may enter and search any place where— (a) any trade or commerce in electronic cigarettes is carried on or electronic cigarettes are produced, supplied, distributed, stored or transported; or 3 ----- (b) any advertisement of the electronic cigarettes has been or is being made. (2) After completion of the search referred to in sub-section (1), the authorised officer shall seize any record or property found as a result of the search in the said place, which are intended to be used, or reasonably suspected to have been used, in connection with any matter referred to in sub-section (1) and if he thinks proper, take into custody and produce, along with the record or property so seized, before the Court of Judicial Magistrate of the first class, any such person whom he has reason to believe to have committed any offence punishable under this Act. (3) Where it is not practicable to seize the record or property, the officer authorised under sub-section (1), may make an order in writing to attach such property, stocks or records maintained by the producer, manufacturer, importer, exporter, transporter, seller, distributor, advertiser or stockist about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with any offence in contravention of the provisions of this Act and such order shall be binding on the person connected with the said offence. (4) All searches, seizures and attachment under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). **7. Punishment for contravention of section 4.—Whoever contravenes the provisions of section 4,** shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees. **8. Punishment for contravention of section 5.—Whoever contravenes the provisions of section 5,** shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both. **9. Jurisdiction and trial of offences.—(1) Any person committing an offence under section 4 or** section 5 shall be triable for such offence in any place in which he is liable to be tried under any law for the time being in force. (2) All offences under this Act shall be tried by the Court of Judicial Magistrate of the first class in accordance with the procedure provided for trials in the Code of Criminal Procedure, 1973 (2 of 1974). **10. Power to dispose of stock seized.—After completion of the proceedings before the Court and if** it is proved that the stock seized by the authorised officer under the provisions of this Act are stocks of electronic cigarettes, such stocks shall be disposed of in accordance with the provisions contained in Chapter XXXIV of the Code of Criminal Procedure, 1973 (2 of 1974). **11. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. 4 ----- _Explanation.—For the purpose of this section—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” means a whole-time director in the company and in relation to a firm, means a partner in the firm. **12. Cognizance of offences.—No court shall take cognizance of an offence punishable under this** Act, except upon a complaint in writing made by an authorised officer under this Act. **13. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), an offence under section 4 shall be cognizable. 14. Act to have overriding effect.—Save as otherwise expressly provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. **15. Application of other laws not barred.—The provisions of this Act shall be in addition to and** not in derogation of the provisions of any other law for the time being in force prohibiting production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes. **16. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or any State Government or any officer of the Central Government or any State Government for anything which is in good faith done or intended to be done under this Act. **17. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by an order published in the Official Gazette, make such provision not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **18. Repeal and savings.—(1) The Prohibition of Electronic Cigarettes (Production, Manufacture,** Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019 (Ord. 14 of 2019) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. 5 -----

9-Dec-2019

44

The Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/13079/1/a2019-44.pdf

central

THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU (MERGER OF UNION TERRITORIES) ACT, 2019 ______________ ARRANGEMENT OF SECTIONS ____________ SECTIONS PART I PRELIMINARY 1. Short title and commencement. 2. Definitions. PART II MERGER OF UNION TERRITORIES 3. Formation of Union territory of Dadra and Nagar Haveli and Daman and Diu. 4. Amendment of article 240 of Constitution. 5. Amendment of First Schedule to Constitution. PART III REPRESENTATION IN THE HOUSE OF THE PEOPLE 6. Allocation of seats in House of People. 7. Provisions as to sitting members. PART IV HIGH COURT 8. Extension of jurisdiction of High Court of Bombay. PART V ASSETS AND LIABILITIES 9. Land and goods. 10. Cash balances. 11. Arrears of tax. 12. Right to recover loans and advances. 13. Assets and liabilities of Union territory undertakings. 14. Refund of taxes collected in excess. PART VI PROVISIONS AS TO SERVICES 15. Provisions relating to All India Services. 16. Provisions relating to other services. PART VII LEGAL AND MISCELLANEOUS PROVISIONS 17. Extension of laws. 18. Power to construe laws. 19. Power to adapt laws. 20. Legal proceedings. 21. Transfer of pending proceeding. 22. Effect of provisions inconsistent with other laws. 23. Power to remove difficulties. 1 ----- THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU (MERGER OF UNION TERRITORIES) ACT, 2019 # ACT NO. 44 OF 2019 [09th December, 2019.] # An Act to provide for merger of Union territories of Dadra and Nagar Haveli and Daman and Diu and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Dadra and Nagar Haveli and** Daman and Diu (Merger of Union territories) Act, 2019. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires, —** (a) “appointed day[2]” means the day on which the Central Government may, by notification in the Official Gazette, appoint; (b) “existing Union territories” means the Union territories of Dadra and Nagar Haveli and Daman and Diu as existing immediately before the appointed day; (c) “law” includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having a force of law in the whole or in any part of the existing Union territories immediately before the appointed day. PART II MERGER OF UNION TERRITORIES **3. Formation of Union territory of Dadra and Nagar Haveli and Daman and Diu.—On and from** the appointed day, there shall be formed a new Union territory to be known as the Union territory of Dadra and Nagar Haveli and Daman and Diu comprising the territory of the existing Union territories, namely:— Dadra and Nagar Haveli and Daman and Diu, and thereupon the said territories shall have ceased to form part of the existing Union territories. **4. Amendment of article 240 of Constitution.—In article 240 of the Constitution, in clause (1),—** (i) for entry (c), the following entry shall be substituted, namely:— “(c) Dadra and Nagar Haveli and Daman and Diu;”; (ii) entry (d) shall be omitted. 1. 26th January, 2020, _vide notification No. S.O. 4542(E), dated 19th December, 2019,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 2. 26th January, 2020, _vide notification No. S.O. 4543(E), dated 19th December, 2019,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 2 ----- **5. Amendment of First Schedule to Constitution.—On and from the appointed day, in the First** Schedule to the Constitution, under the heading “II. THE UNION TERRITORIES”, for entries 4 and 5 and the corresponding entries relating thereto, the following shall be substituted, namely:— **Name** **Extent** “4. Dadra and Nagar Haveli and Daman and Diu The territory which immediately before the eleventh day of August, 1961 was comprised in Free Dadra and Nagar Haveli and the territories specified in section 4 of the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987).”. PART III REPRESENTATION IN THE HOUSE OF THE PEOPLE **6. Allocation of seats in House of People.—On and from the appointed day, there shall be allocated** two seats to the Union territory of Dadra and Nagar Haveli and Daman and Diu in the House of the People and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly. **7. Provisions as to sitting members.—(1) Every sitting members of the House of the People** representing any Parliamentary constituency, which, on the appointed day, by virtue of the provisions of section 5, stands allotted, with or without alteration of boundaries, be deemed to have been elected to that House by that constituency. _Explanation.—For the purposes of this sub-section “parliamentary constituency” shall have the same_ meaning as assigned to it in the Representation of the People Act, 1950 (43 of 1950). (2) The term of office of such members shall remain unaltered. PART IV HIGH COURT **8. Extension of jurisdiction of High Court of Bombay.—On and from the appointed day, the** jurisdiction of the High Court of Bombay shall continue to extend to the Union territory of Dadra and Nagar Haveli and Daman and Diu. PART V ASSETS AND LIABILITIES **9. Land and goods.—Subject to the other provisions of this Part, all land and all stores, articles and** other goods held immediately before the appointed day, by the existing Union territories, shall, on and from that day, vest in the Union territory of Dadra and Nagar Haveli and Daman and Diu. _Explanation.—For the purposes of this section, the expression “land” includes immovable property of_ every kind and any rights in or over such property and the expression “goods” does not include coins, bank notes and currency notes. **10. Cash balances.—The total of the cash balances in all treasuries, the Reserve Bank of India, the** State Bank of India and any nationalised bank, of the existing Union territories immediately before the appointed day shall be merged in the Union territory of Dadra and Nagar Haveli and Daman and Diu. **11. Arrears of tax.—(1) The right to recover arrears of any tax or duty (including arrears of land** revenue) on any property situated in the existing Union territories shall vest in the Union territory of Dadra and Nagar Haveli and Daman and Diu. (2) The right to recover arrears of any tax or duty, other than a tax or duty specified in sub-section (1), shall belong to the Union territory of Dadra and Nagar Haveli and Daman and Diu. 3 ----- **12. Right to recover loans and advances.—The right to recover any loans or advances made by the** existing Union territories before the appointed day to any local body, society, agriculturist or other person shall belong to the Union territory of Dadra and Nagar Haveli and Daman and Diu. **13. Assets and liabilities of Union territory undertakings.—The assets and liabilities relating to** any commercial undertaking of the existing Union territories shall vest in the Union territory of Dadra and Nagar Haveli and Daman and Diu. **14. Refund of taxes collected in excess.—The liability of the Union territory to refund—** (a) any tax or duty on property, including land revenue collected in excess shall go to the Union territory of Dadra and Nagar Haveli and Daman and Diu; (b) any other tax or duty collected in excess shall go to the Union territory of Dadra and Nagar Haveli and Daman and Diu. PART VI PROVISIONS AS TO SERVICES **15. Provisions relating to All India Services.—The members of each of the All India Services borne** on the existing Union territories cadre immediately before the appointed day shall continue to be in the cadre of the same service of the existing Union territory in which they stand allocated before the appointed day. **16. Provisions relating to other services.—(1) Every person employed in connection with the affairs** of the existing Union territories and serving immediately before the appointed day in the existing Union territories shall, on and from that day, — (a) continue to serve in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu; and (b) be deemed to be provisionally allotted to serve in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu: Provided that nothing in clause (b) shall apply to a person to whom the provisions of section 15 apply or to a person on deputation from any State. (2) As soon as may be, after the appointed day, the Central Government shall by general or special order, determine whether every person referred to in clause (b) of sub-section (1) shall be finally allotted for service in the Union territory of Dadra and Nagar Haveli and Daman and Diu and the date with effect from which such allotment shall take effect or be deemed to have taken effect. (3) As soon as may be after the Central Government passes orders finally allotting an employee in terms of sub-section (2), the Union territory of Dadra and Nagar Haveli and Daman and Diu shall take steps to integrate the employee into the services under its control in accordance with such special or general orders or instructions as may be issued by the Central Government from time to time in this behalf. (4) The Central Government may, by order establish one or more Advisory Committees for the purpose of assisting it in regard to ensuring of fair and equitable treatment to all persons affected by the provisions of this section and proper consideration of any representations made by such persons: Provided that notwithstanding anything to the contrary contained in any law for the time being in force, no representation shall be against any order passed by the competent authority on matters arising out of the division and integration of services under this Act, on the expiry of three months from the date of publication or service of such order, whichever is earlier: Provided further that, notwithstanding anything contained in the preceding proviso, the Central Government may suo motu or otherwise and for reasons to be recorded, reopen any matter and pass such 4 ----- order thereon, as may appear to it to be appropriate if it is satisfied that it is necessary so to do, in order to prevent any miscarriage of justice to any affected employee. (5) Nothing in this section shall be deemed to affect, on or after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu: Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (1) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the Central Government. (6) All services prior to the appointed day rendered by a person allotted under sub-section (2) in connection with the affairs of the existing Union territories shall, for the purposes of the rules regarding his conditions of service, be deemed to have been rendered in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu. (7) The provisions of this section other than clause (a) of sub-section (1) shall not apply in relation to any person to whom the provisions of section 15 apply. PART VII LEGAL AND MISCELLANEOUS PROVISIONS **17. Extension of laws.—All laws which immediately before the appointed day extend to, or are in** force in, existing Union territories shall, on and from the appointed day, continue to be in force in those areas in respect of which they were in force immediately before that day. **18. Power to construe laws.—Any court, tribunal or authority required or empowered to enforce any** law extended to the Union territory of Dadra and Nagar Haveli and Daman and Diu by section 17 may, for the purpose of facilitating its application in relation to the Union territory of Dadra and Nagar Haveli and Daman and Diu, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority. **19. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to the** Union territory of Dadra and Nagar Haveli and Daman and Diu, the Central Government may, before the expiration of two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority. **20. Legal proceedings.—Where, immediately before the appointed day, the existing Union territories** is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the Union territory of Dadra and Nagar Haveli and Daman and Diu under this Act, the Union territory of Dadra and Nagar Haveli and Daman and Diu shall be deemed to be substituted for the existing Union territories as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly. **21.Transfer of pending proceeding.—(1) Every proceeding pending immediately before the** appointed day before any court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the existing Union territories shall, stand transferred to the corresponding court, tribunal, authority or officer in the Union territory of Dadra and Nagar Haveli and Daman and Diu. (2) In this section,— (a) “proceeding” includes any suit, case or appeal; and 5 ----- (b) “corresponding court, tribunal, authority or officer”, in the Union territory of Dadra and Nagar Haveli and Daman and Diu, means— (i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have laid if the proceeding had been instituted after the appointed day, or (ii) in case of doubt, such court, tribunal, authority or officer in that Union territory as may be determined after the appointed day by the Administrator of the Union territory of Dadra and Nagar Haveli and Daman and Diu, or before the appointed day by the existing Union territories, to be the corresponding court, tribunal, authority or officer. _Explanation.—For the purposes of this sub-section, “Administrator” means the administrator_ appointed by the President under article 239 of the Constitution. **22. Effect of provisions inconsistent with other laws.—The provisions of this Act shall have effect** notwithstanding anything inconsistent therewith contained in any other law for the time being in force. **23. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the President may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of three years from the appointed day. (2) Every order made under this section shall be laid before each House of Parliament. 6 -----

13-Dec-2019

49

The Recycling of Ships Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/15690/1/AAA2019___49.pdf

central

# THE RECYCLING OF SHIPS ACT, 2019 ____________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, commencement and application. 2. Definitions. CHAPTER II AUTHORITIES UNDER THE ACT 3. Designation of National Authority. 4. Designation of Competent Authority. CHAPTER III REQUIREMENTS FOR SHIPS 5. Non-application of provisions of this Chapter. 6. Controls on hazardous materials. 7. Surveys. 8. Certificate on inventory of hazardous materials. 9. Validity of certificate. 10. Suspension or cancellation of certificate. CHAPTER IV SHIP RECYCLING FACILITY 11. Authorisation of ship recycling facility. 12. Ship recycling facility management plan and procedure for authorisation of ship recycling facility. 13. Suspension or cancellation of authorisation. 14. Emergency preparedness and response. 15. Workers safety, training and insurance. CHAPTER V PROCESS OF RECYCLING OF SHIPS 16. Ready for recycling certificate. 17. Ship recycling plan. 18. General requirements. 19. Obligations on part of ship owner. 20. Procedure for grant of permission for ship recycling. 21. Safe and environmentally sound management of hazardous materials. 22. Obligation on Ship Recycler to take measures for protection of environment. 1 ----- CHAPTER VI REPORTING REQUIREMENTS SECTIONS 23. Statement of completion. 24. Report to National Authority. CHAPTER VII APPEALS 25. Appeal against decision of Competent Authority. 26. Appeal against decision of National Authority. CHAPTER VIII POWERS AND FUNCTIONS OF NATIONAL AUTHORITY, COMPETENT AUTHORITY AND CENTRAL GOVERNMENT 27. Power to search and seize records, etc. 28. Power to inspect, dismiss, exclude or detain a ship. 29. Power to exempt. 30. Act not to apply to certain ships. CHAPTER IX OFFENCES, PENALTIES AND COMPENSATION 31. Penalty for contravention of provisions of Act or rules or regulations. 32. Penalty for contravention of provisions of this Act or rules or regulations for which no specific punishment is provided. 33. Punishment for other offences. 34. Offences by companies. 35. Offences to be non-congnizable, bailable and compoundable. 36. Cognizance of Offences. 37. Amount payable by owner, master or agent. 38. Place of trial and jurisdiction of court. 39. Compensation. CHAPTER X MISCELLANEOUS 40. Delegation of powers. 41. Act not in derogation of any other law. 42. Power to make rules. 43. Power to make regulations. 44. Laying of rules and regulations. 45. Protection of action taken in good faith. 46. Removal of difficulties. 2 ----- # THE RECYCLING OF SHIPS ACT, 2019 ACT NO. 49 OF 2019 [13th December, 2019.] # An Act to provide for the regulation of recycling of ships by setting certain standards and laying down the statutory mechanism for enforcement of such standards and for matters connected therewith or incidental thereto. WHEREAS, the International Maritime Organisation adopted the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 which ensures that ships, when being recycled after the end of their operational lives, do not pose any unnecessary risk to the environment and to human health and safety; AND WHEREAS, the said Convention was developed with inputs from International Maritime Organisation Member States, Non-Governmental Organisations and in co-operation with the International Labour Organisation and the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989; AND WHEREAS, the Hong Kong Convention lays down the aspects relating to design, construction, operation and preparation of ships so as to facilitate safe and environmentally sound recycling, without compromising the safety and operational efficiency of ships and the establishment of an appropriate enforcement mechanism for recycling of ships; AND WHEREAS, the said Convention contains the provisions which are not covered in the Ship breaking Code (Revised), 2013 notified by the Government of India to regulate the recycling of ships in India; AND WHEREAS, the said Convention lays down the multilateral framework to be followed internationally by countries which become a party to it; AND WHEREAS, India, being a Member-State of the International Maritime Organisation, had participated in the said Convention and expressed views for the protection of environment and human health and safety during the process of recycling of ships; AND WHEREAS, it is considered expedient to accede to the aforesaid Convention now and to have an appropriate legislation on issues relating to the recycling of ships. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, commencement and application.—(1) This Act may be called the Recycling of Ships** Act, 2019. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. (3) Unless otherwise expressly provided, the provisions of this Act shall apply to— (a) any existing ship which is registered in India wherever it may be; (b) any new ship which is required to be registered in India, wherever it may be; 1. 27th October, 2020,- S. 3 vide notification No. S.O. 3838(E), dated 27th October, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). **25[th] February, 2021,- S. 6, 30 and 42** _vide notification No. S.O. 889 (E), dated 25[th] February, 2021,_ _see Gazette of India,_ Extraordinary, Part II, sec. 3(ii). 3 ----- (c) ships, other than those referred to in clauses (a) and (b), that enter a port, shipyard or off-shore terminal or a place in India or within the Exclusive Economic Zone or territorial waters of India or any marine areas adjacent thereto over which India has, or may have, exclusive jurisdiction with respect to control of pollution under the provisions of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, or any other law for the time being in force; (d) any warship, naval auxiliary or other ship owned or operated by an Administration and used on Government non-commercial service, and which is destined for recycling in a ship recycling facility operating in or within the territorial jurisdiction of India; and (e) ship recycling facilities operating in India or within any area falling under the exclusive territorial jurisdiction of India. **2. Definitions.—(1) In this Act, unless the context otherwise requires,––** (a) “Administration” means the Government of the country whose flag the ship is entitled to fly, or under whose authority it is operating; (b) “certificate of authorisation of ship recycling facility” means the certificate referred to in sub-section (6) of section 12; (c) “certificate on inventory of hazardous materials” means the certificate referred to in section 8; (d) “Competent Authority” means such Authority designated by the Central Government under section 4; (e) “hazardous material” means any material or substance, which is liable to cause harm to human beings, other living creatures, plants, micro-organisms, property or the environment; (f) “National Authority” means such Authority designated by the Central Government under section 3; (g) “notification” means a notification published in the Official Gazette and the expressions “notify” or “notified” shall be construed accordingly; (h) “prescribed” means prescribed by rules made under this Act; (i) “ready for recycling certificate” means the certificate referred to in section 16; (j) “regulations” means the regulations made by the National Authority under this Act; (k) “ship” means a vessel and floating structure of any type whatsoever operating or having operated in the marine environment and includes submersibles, floating craft, floating platforms, selfelevating platforms, the floating storage units, and the like; (l) “ship owner” means–– (i) a person or an association of persons or body of individuals or a company registered as the owner of the ship; (ii) any organisation or a person such as the Manager or the Bareboat Charterer, who has assumed the responsibility for operation of the ship from the owner of the ship; (iii) a company, which is registered as operator and is operating a ship owned by the Government; or (iv) a person or an association of persons or company owning the ship for a limited period pending its sale or handing over to a ship recycling facility; (m) “Ship Recycler” means the owner of the ship recycling facility or any other organisation or person who has assumed the responsibility for operation of the ship recycling facility and who has agreed to take over all duties and responsibilities imposed by or under this Act; (n) “ship recycling” means the activity of dismantling of a ship at a ship recycling facility in order to recover components and materials for reprocessing and reuse, while taking care of hazardous and 4 ----- other materials and includes associated operations such as storage, treatment of components and materials on site, but not their further processing or disposal in separate facilities; (o) “ship recycling facility” means a defined area that is a site, yard or facility used for the recycling of ships and meets such requirements as may be specified by the regulations; (p) “ship recycling plan” means a plan specific to a ship developed by the ship recycling facility to recycle such a ship in safe and environmentally sound manner; (q) “statement of acceptance” means a statement of acceptance referred to in sub-section (4) of section 20; (r) “statement of completion” means a statement of completion referred to in section 23; (s) “Surveyor” means a Surveyor as defined under clause (48) of section 3 of the Merchant Shipping Act, 1958 or any other person or body of persons as may be notified by the Central Government; (t) “worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any ship recycling, or in cleaning any part of the machinery or premises used for ship recycling, or in any other kind of work incidental to, or connected with, the ship recycling, or the subject of the ship recycling but does not include any member of the armed forces of the Union. (2) The words and expressions used and not defined in this Act but defined in the–– (i) Explosives Act, 1884 (4 of 1884); (ii) Inland Vessels Act, 1917 (1 of 1917; (iii) Petroleum Act, 1934 (30 of 1934); (iv) Factories Act, 1948 (63 of 1948); (v) Merchant Shipping Act, 1958 (44 of 1958); (vi) Atomic Energy Act, 1962 (33 of 1962); (vii) Wildlife (Protection) Act, 1972 (53 of 1972); (viii) Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (ix) Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976); (x) Forest (Conservation) Act, 1980 (69 of 1980); (xi) Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (xii) Environment (Protection) Act, 1986 (29 of 1986), shall have the same meanings respectively assigned to them in those Acts. CHAPTER II AUTHORITIES UNDER THE ACT **3. Designation of National Authority.––The Central Government shall, by notification, designate an** officer not below the rank of Joint Secretary to the Government of India as the National Authority, which shall administer, supervise and monitor all activities relating to ship recycling under this Act. **4. Designation of Competent Authority.––The Central Government shall, by notification, designate** an Authority to be called the Competent Authority, for performance of such duties within the geographical area or areas of expertise as may be prescribed. 5 ----- CHAPTER III REQUIREMENTS FOR SHIPS **5. Non-application of provisions of this Chapter.–– Nothing contained in this Chapter shall apply** to–– (a) any warship, naval auxiliary, or other ships owned or operated by the Government and used for Government non-commercial purpose; (b) ships of less than five hundred gross tonnage: Provided that the Central Government may notify appropriate measures, not impairing operations or operational capabilities of such ships to ensure, as far as practicable, that such ships act in a manner consistent with the provisions of this Act. **6. Controls on hazardous materials.––(1) No ship shall instal or use such prohibited hazardous** materials as may be notified by the Central Government: Provided that the Central Government may, by notification and for the reasons specified therein, exempt certain class or category of ships from the provisions of sub-section (1). (2) Every ship shall comply with such restrictions and conditions, as may be prescribed. **7. Surveys.––(1) The National Authority or such person or organisation, as the Central Government** may by notification authorise, shall carry out following surveys of the ships–– (a) an initial survey before the issue of certificate on inventory of hazardous materials, so as to verify such requirements as may be prescribed; (b) a renewal survey at intervals not exceeding five years as may be prescribed; (c) an additional survey either general or partial, at the request of the ship owner after a change, replacement or significant repair of the structure, equipment, systems, fittings, arrangements or material; (d) a final survey prior to the ship being taken out of service and before the recycling of the ship so as to verify such requirements as may be prescribed; and (e) such other surveys as may be prescribed. (2) The survey shall be conducted and a certificate to this effect shall be issued in accordance with the provisions of this Act and the rules or regulations made thereunder. **8. Certificate on inventory of hazardous materials.––(1) The owner of every new ship shall make** an application to the National Authority for a certificate on inventory of hazardous materials for the purposes of this Act and such certificate shall be specific to each ship: Provided that the existing ships on the date of commencement of this Act and for which the certificate on inventory of hazardous materials had not been issued, the owner of such ship shall make an application to the National Authority within a period of five years from the date of commencement of this Act: Provided further that a certificate on inventory of hazardous materials issued by any Administration shall be valid for the purposes of this Act. (2) The terms and conditions, the format and the manner for granting the certificate on inventory of hazardous materials shall be such as may be prescribed. (3) The certificate on inventory of hazardous materials shall be properly maintained and updated throughout the operational life of the ship, reflecting the new installations containing hazardous materials and relevant changes in the ship structure and equipment. _Explanation.––For the purposes of this sub-section, the expression “new installation” includes_ systems, equipment, insulation or other material installed on a ship after the date of coming into force of this Act. 6 ----- (4) The certificate on inventory of hazardous materials shall be endorsed by the National Authority after successful completion of an additional survey conducted in accordance with clause (c) of sub-section (1) of section 7. _Explanation.––For the purposes of this section, the expressions––_ (i) “existing ship” means a ship which is not a new ship; (ii) “new ship” means a ship,–– (a) for which the building contract is placed on or after the date of coming into force of this Act; or (b) other than the ship referred to in sub-clause (a), the keel of which is laid or which is at a similar stage of construction after six months from the date of coming into force of this Act; or (c) which is to be delivered after thirty months from the date of coming into force of this Act, and which is intended to be registered in India. **9. Validity of certificate.–– The certificate referred to in sub-section (1) of section 8 shall be issued** or renewed for such period, not exceeding five years, as may be prescribed: Provided that where validity of certificate on inventory of hazardous material expires at a time when a ship is not in the port in which it is to be surveyed, the Administration may extend the period of validity of such certificate and this extension shall be granted only–– (a) for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed; or (b) in cases where it appears proper and reasonable to the Administration to do so: Provided further that no certificate shall be extended for a period longer than three months, and a ship to which an extension is granted shall not, on its arrival on the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having the certificate renewed. **10. Suspension or cancellation of certificate.––The certificate on inventory of hazardous materials** shall be liable to be suspended or cancelled by the National Authority in any of the following cases, namely:–– (i) if the ship, prima facie, does not comply with the particulars of the certificate; (ii) where the inventory of hazardous materials is not properly maintained and updated with such changes in the ship structure and equipment as may be prescribed; (iii) in case of transfer of the ship to the flag of another State; (iv) if the survey specified by the Administration is not completed within the period specified in section 7; or (v) if endorsement of certificate does not disclose,–– (a) conduct of an additional survey as required under section 7; or (b) extension of the validity of the certificate required under section 9: Provided that no certificate under this section shall be suspended or cancelled unless the owner of the ship has been given an opportunity of being heard. CHAPTER IV SHIP RECYCLING FACILITY **11. Authorisation of ship recycling facility.–– No Ship Recycler shall recycle a ship, unless the ship** recycling facility is authorised as per the procedure laid down in section 12. **12. Ship recycling facility management plan and procedure for authorisation of ship recycling** **facility.––(1) A Ship Recycler seeking a certificate of authorisation for ship recycling facility from the** 7 ----- Competent Authority or an organisation recognised by it, shall prepare a ship recycling facility management plan as specified by the regulations and submit an application to the Competent Authority. (2) Every application for authorisation under sub-section (1), shall be made to the Competent Authority in such form and manner and accompanied by such fee as may be prescribed. (3) Every ship recycling facility engaged in recycling of ships, immediately before the commencement of this Act, shall apply for authorisation within sixty days from the date of such commencement. (4) Subject to the provisions of sub-section (3), every ship recycling facility engaged in recycling of ships, immediately before the commencement of this Act shall cease to conduct any such recycling on the expiry of six months from the date of commencement of this Act unless such ship recycling facility has applied for authorisation and is so authorised or till such application is disposed of, whichever is earlier. (5) No ship recycling facility shall be authorised under this Act unless the Competent Authority is satisfied that such facility maintains such equipment and standards as may be specified by the regulations. (6) The Competent Authority shall, after holding an enquiry and after satisfying itself that the applicant has complied with all the requirements of this Act and the rules and the regulations made thereunder, grant a certificate of authorisation in such format as may be specified by the regulations. (7) If, after an enquiry and after giving to the applicant an opportunity of being heard, the Competent Authority is satisfied that the applicant has not complied with the requirements of this Act, or the rules or regulations made thereunder, it shall, for reasons to be recorded in writing, reject the application for authorisation. (8) Every certificate of authorisation for ship recycling facility shall be valid for such period not exceeding five years as may be specified by the regulations. (9) Every certificate of authorisation shall be renewed in such manner and after such period and on payment of such fee as may be prescribed. (10) The Competent Authority shall undertake an annual audit of every ship recycling facility to satisfy compliance with the requirements of this Act, the rules and regulations made thereunder and forward such audit report to the National Authority. **13. Suspension or cancellation of authorisation.––(1) The Competent Authority may, whenever it** considers necessary, for the reasons to be recorded in writing, conduct an enquiry or inspection of a ship recycling facility and issue a notice to the Ship Recycler to show cause as to why the authorisation of his ship recycling facility should not be suspended or cancelled for the reasons mentioned in the notice. (2) The manner of enquiry or inspection by the Competent Authority shall be such as may be specified by the regulations. (3) If the Competent Authority is satisfied that there has been a breach of the provisions of this Act or the rules or the regulations made thereunder, it may, without prejudice to any criminal action that it may take against such Ship Recycler, suspend or cancel the authorisation of his ship recycling facility: Provided that no such authorisation shall be suspended or cancelled without giving an opportunity of being heard in the matter to the Ship Recycler. (4) Notwithstanding anything contained in sub-sections (1) and (2), if the Competent Authority is of the opinion that it is necessary or expedient so to do in public interest, it may, for reasons to be recorded in writing, suspend or cancel the authorisation of any ship recycling facility without issuing any notice referred to in sub-section (1). **14. Emergency preparedness and response.––Every Ship Recycler shall maintain adequate** measures for emergency preparedness and response in accordance with the provisions of the Factories Act, 1948 (63 of 1948) in his ship recycling facility. 8 ----- **15. Workers safety, training and insurance.––(1) Every Ship Recycler shall provide adequate** measures for safety, health, training and welfare of workers in his ship recycling facility and for this purpose, the provisions of the Factories Act, 1948 (63 of 1948) shall apply. (2) Every Ship Recycler shall provide an individual or comprehensive insurance coverage for the regular and temporary workers in such manner as may be prescribed. CHAPTER V PROCESS OF RECYCLING OF SHIPS **16. Ready for recycling certificate.––(1) The owner of a ship who intends to recycle his ship shall** make an application to the National Authority for a ready for recycling certificate in such form, manner, and accompanied by such fee as may be specified by the regulations or the Administration concerned as per the procedure determined by such Administration. (2) A ready for recycling certificate referred to in sub-section (1) may be issued after successful completion of a survey and shall be valid for a period of three months from the date of its issue: Provided that the period of validity may be extended by the National Authority for such reasons as may be specified by the regulations or the Administration concerned as per the reasons determined by such Administration. (3) A ready for recycling certificate shall cease to be valid, if the condition of the ship does not correspond with the particulars of the certificate. **17. Ship recycling plan.––(1) No Ship Recycler shall recycle any ship without a ship recycling plan** prepared in accordance with the guidelines issued under sub-section (2) and approved by the Competent Authority. (2) The National Authority may specify the guidelines for the preparation of a ship recycling plan for different categories of ships: Provided that the Competent Authority may, after hearing the Ship Recycler, refuse to approve the ship recycling plan if it has reasons to believe that the plan does not comply with the guidelines specified by the National Authority. (3) Where the Competent Authority fails to convey its decision regarding approval of the ship recycling plan within fifteen days of its submission, the plan shall be deemed to have been approved. **18. General requirements.––(1) No ship shall be recycled without the written permission or, as the** case may be, the deemed permission of the Competent Authority obtained in such manner as may be specified by the regulations. (2) Any ship registered in India and intended to be recycled outside the territory of India shall be recycled only at a ship recycling facility duly authorised by such authority as may be specified by the regulations. **19. Obligations on part of ship owner.––(1) The owner of a ship which is intended to be recycled** within the territory of India shall— (i) give an advance intimation to the Maritime Rescue Co-ordination Centre and the Competent Authority about the date of arrival, in such manner as may be prescribed; (ii) clear all port dues, if any, upon arriving at the port and submit the documents as specified in the regulations; and (iii) keep the ship clear of cargo residues and shall minimise any remaining fuel oil and wastes on board. (2) The owner of a tanker which is intended to be recycled within the territory of India shall fulfil such conditions for safe-for-entry or safe-for-hotwork or both, as specified by the regulations. 9 ----- **20. Procedure for grant of permission for ship recycling.––(1) The Competent Authority shall** grant permission for recycling only after physical inspection of the ship and for this purpose it may requisition the services of representatives of such agencies as may be prescribed. (2) Where the Competent Authority fails to convey its decision regarding grant of permission within fifteen days of receipt of application, the permission shall be deemed to have been granted. (3) The Competent Authority may deny permission for recycling for reasons to be recorded in writing after affording an opportunity of being heard to the ship owner. (4) The Ship Recycler, on receipt of a copy of permission to recycle the ship, shall issue a statement of acceptance to the ship owner under intimation to the Competent Authority in such form and manner as may be specified by the regulations and thereafter the ship owner may get the ship de-registered. **21. Safe and environmentally sound management of hazardous materials.––Every Ship Recycler** shall,— (a) ensure safe and environmentally sound removal and management of hazardous materials from a ship; and (b) comply with such requirements related to basic infrastructure facilities including those related to environmentally safe disposal or management of wastes and hazardous materials, in such manner as may be specified by the regulations. **22. Obligation on Ship Recycler to take measures for protection of environment.––(1) Every** Ship Recycler shall,— (i) ensure that there is no damage caused to the environment in any form due to the recycling activities at the ship recycling facility; and (ii) take necessary measures for protection of the environment. (2) In case of oil spill in the facility, the Ship Recycler shall be served a notice by the Competent Authority to take remedial action in such manner as may be specified by the regulations. (3) For contravention of the provisions of this section, the Ship Recycler shall be liable to pay such environmental damages and cleanup operation compensation in such manner as may be prescribed. CHAPTER VI REPORTING REQUIREMENTS **23. Statement of completion.—When a ship is recycled in accordance with the provisions of this** Act, a statement of completion containing such particulars as may be specified by the regulations shall be submitted by the Ship Recycler to the Competent Authority. **24. Report to National Authority.—The Competent Authority shall give report to the National** Authority, from time to time, which shall include information comprising the list of approved facilities, list of ships which have not complied with the provisions of this Act and action taken on such ships and list of ships recycled, as may be required by the National Authority. CHAPTER VII APPEALS **25. Appeal against decision of Competent Authority.—(1) Any person who is aggrieved by any** decision made by the Competent Authority or the authorised surveyor or any authorised organisation or authorised person may file an appeal to the National Authority within a period of thirty days from the date of receipt of such decision in such manner as may be prescribed: Provided that in respect of matters under any other law for the time being in force for which an appellate provision exists, in such law, then the appellant shall file the appeal to the authority specified in such law. (2) The appeal filed under sub-section (1) shall be disposed of in such manner as may be prescribed. 10 ----- **26. Appeal against decision of National Authority.—(1) Any person who is aggrieved by any** decision made by the National Authority may file an appeal to the Central Government within a period of thirty days from the date of receipt of such decision in such manner as may be prescribed. (2) The appeal filed under sub-section (1) shall be disposed of in such manner as may be prescribed. CHAPTER VIII POWERS AND FUNCTIONS OF NATIONAL AUTHORITY, COMPETENT AUTHORITY AND CENTRAL GOVERNMENT **27. Power to search and seize records, etc.—(1) If the National Authority or the Competent** Authority has reason to believe that an offence under this Act has been or is being committed at any ship recycling facility, such Authority or any officer authorised therefor in this behalf may, subject to the rules and regulations made under this Act, enter and search at all reasonable times with such assistance, if any, as such Authority or officer considers necessary, such ship recycling facility and examine any record, register, document, equipment or any other material object found therein and seize the same if such Authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act. **28. Power to inspect, dismiss, exclude or detain a ship.—(1) The National Authority or** Administration or any Survey authorised by it, may inspect any ship, at a reasonable time, while at any port or within Indian waters: Provided that any such inspection shall be only for the purpose of verifying that there is on board either a certificate on inventory of hazardous materials or a ready for recycling certificate. (2) The National Authority may dismiss, exclude or detain the ship from its ports or within Indian waters in case of,— (a) failure to carry a valid certificate on inventory of hazardous materials or a valid ready for recycling certificate or both, as applicable; or (b) non-compliance with the control measures for hazardous materials notified by the Central Government. (3) A ship detained under sub-section (2) shall remain under detention till such time until the non-compliance is rectified or till such time until permission is granted by the National Authority for such detained ship to proceed to an appropriate repair yard or port, without danger to the ship, environment or persons on board. (4) Any Commissioned Officer of the Indian Navy or Indian Coast Guard or any Port Officer, Pilot, Harbour Master, Conservator of Port or Customs Collector may detain the ship, the detention of which is authorised or ordered to be detained under this Act. **29. Power to exempt.—(1) Notwithstanding anything contained in this Act, the Central Government** may, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any vessel or any class thereof, ship recycling facility or Ship Recycler from any specified requirement contained in or prescribed in pursuance of this Act or dispense with the observance of any such requirement, if it is satisfied that the requirement has been substantially complied with or that compliance with the requirement is or ought to be dispensed within the circumstances of the case. (2) Where an exemption granted under sub-section (1) is subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this Act. **30. Act not to apply to certain ships.—The provisions of this Act shall not apply to such category of** Indian ships, as the Central Government may, from time to time, by notification specify: Provided that such ships shall be required to act in such manner as may be prescribed. 11 ----- CHAPTER IX OFFENCES, PENALTIES AND COMPENSATION **31. Penalty for contravention of provisions of Act or rules or regulations.—(1) Whoever instals** or uses any prohibited hazardous material in a ship in contravention of the provisions of this Act or rules or regulations made thereunder shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five lakh rupees or with both. (2) Whoever contravenes the provisions of section 12 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both. (3) Whoever contravenes the provisions of sub-section (1) of section 17 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both. (4) Whoever contravenes the provisions of sub-section (1) of section 18, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both. (5) Whoever fails to ensure safe and environmentally sound removal and management of any hazardous material from a ship in accordance with the regulations shall be punishable with an imprisonment for a term which may extend to six months or with fine which may extend to five lakh rupees or with both. (6) Whoever fails to respond to the notice issued for oil spill under sub-section (2) of section 22 shall be punishable— (i) with a fine which may extend to five lakh rupees in case of non response within twelve hours of issuance of first notice; (ii) with a fine which may extend to ten lakh rupees in case of non response within twenty-four hours of issue of second notice; and (iii) with an imprisonment which may extend to three months and with a fine which may extend to ten lakh rupees in case of non response beyond twenty-four hours of issue of third notice. **32. Penalty for contravention of provisions of this Act or rules or regulations for which no** **specific punishment is provided.—Whoever contravenes any of the provisions of this Act or any rules** or regulations made thereunder, for which no specific punishment has been provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to two lakh rupees or with both and, in the case of a continuing contravention, with an additional fine which may extend to five thousand rupees for every day during which such contravention continues after the conviction for the first such contravention. **33. Punishment for other offences.—(1) If any ship, after detention or after service of any notice or** order for such detention, proceeds to sea before it is released by the National Authority, the owner or master of the ship shall be guilty of an offence under this Act. (2) Whoever restrains or detains or forcibly takes to sea, any person authorised under this Act to detain or survey the ship, on the execution of his duty, the owner, master or agent of such ship shall each be liable to pay all expenses of, and incidental to, such person being so taken to sea and shall also be guilty of an offence under this Act. **34. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 12 ----- (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means anybody corporate and includes a co-operative society, firm or other association of individuals; and (b) “director” means a whole time director in the company and in relation to a firm means a partner in the firm. **35. Offences to be noncognizable, bailable and compoundable.—Notwithstanding anything** contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be noncognizable, bailable and compoundable. **36. Cognizance of offences.—No court shall take cognizance of an offence under this Act except on** a complaint made by— (a) the Central Government; (b) the National Authority or an officer authorised in this behalf; or (c) the Competent Authority or an officer authorised in this behalf. **37. Amount payable by owner, master or agent.—When any owner or master or agent is convicted** of an offence under sub-section (2) of section 33, the amount payable on account of expenses by such owner or master or agent shall be determined and recovered in such manner as may be prescribed. **38. Place of trial and jurisdiction of court.—Any person committing any offence under this Act or** any rules made thereunder, may be tried for such offence in any place in which he may be found, or in any Court which the Central Government may, by notification, direct in this behalf, or in any Court in which he might be tried under any other law for the time being in force. **39. Compensation.—(1) Where a ship is unduly detained or delayed as a result of an inspection or** investigation without any reasonable cause, then, such ship shall be entitled to compensation for any loss or damage suffered thereby. (2) The rate of compensation referred to in sub-section (1), the method of calculation and the manner of payment of such compensation shall be such as may be prescribed. (3) For the purpose of adjudging compensation under this section, the Central Government may, by notification, nominate an officer of the Central Government, not below the rank of Joint Secretary to the Government of India, to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned an opportunity of being heard. CHAPTER X MISCELLANEOUS **40. Delegation of powers.—(1) The Central Government may, by general or special order, subject to** such conditions and restrictions as may be provided in such order, direct that any power, authority or jurisdiction exercisable by it under or in relation to a provision of this Act (except the power to make rules), be exercisable also by the National Authority or Competent Authority or such other officer not below the rank of Joint Secretary to the Government of India. (2) The National Authority or the Competent Authority may, with the previous approval of the Central Government, by general or special order, subject to such conditions and restrictions as may be provided in such order, direct that any power, authority or jurisdiction exercisable by it under or in relation to a provision of this Act (except the power to make regulations), be exercisable also by such officer or other authority as may be specified in such order. 13 ----- **41. Act not in derogation of any other law.— The provisions of this Act shall be in addition to and** not in derogation of any other law for the time being in force. **42. Power to make rules.—(1) The Central Government may, by notification, make rules to carry** out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the duties of Competent Authority within the geographical area or areas of expertise under section 4; (b) the restrictions and conditions imposed on installation or use of any hazardous material, to be complied by every ship under sub-section (2) of section 6; (c) the requirements to be verified for the survey of ships under clauses (a), (b) and (d) of sub-section (1) of section 7; (d) the other conditions to be required for the survey of ships under clause (e) of sub-section (1) of section 7; (e) the terms and conditions, validity, the format and manner for granting the certificate on inventory of hazardous materials under sub-section (2) of section 8 and section 9; (f) the changes in ship structures and equipment under clause (ii) of section 10; (g) the form, fees and the manner of making the application for authorisation of ship recycling facility under sub-section (2) of section 12; (h) the manner, period and fees for renewal of certificate of authorisation under sub-section (9) of section 12; (i) the manner of providing individual or comprehensive insurance coverage for the regular and temporary workers under sub-section (2) of section 15; (j) the manner of advance intimation about the arrival of ship under sub-section (1) of section 19; (k) the requisition of the services of representatives of agencies for grant of permission under sub-section (1) of section 20; (l) the liability of the Ship Recycler for environmental damages under sub-section (3) of section 22; (m) the manner of filing an appeal against the orders of the Competent Authority and the manner of disposal of such appeal under section 25; (n) the manner of filing an appeal against the orders of National Authority and the manner of disposal of such appeal under section 26; (o) the manner in which the ships are required to act for non-application of the provisions of the Act under the proviso to section 30; (p) the manner of determination and recovery of amount payable under section 37; (q) the rate of compensation, method of calculation and the manner of compensation entitled by a ship under sub-section (2) of section 39; (r) the manner of holding an inquiry for the purpose of payment of compensation under sub-section (3) of section 39; and (s) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by rules. **43. Power to make regulations.—(1) The National Authority with the previous approval of the** Central Government, by notification in the Official Gazette, may make regulations not inconsistent with the provisions of this Act and the rules made thereunder. 14 ----- (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the requirements relating to ship recycling facility under clause (o) of sub-section (1) of section 2; (b) the manner of preparation of a ship recycling facility management plan under sub-section (1) of section 12; (c) the equipment and other standards to be maintained by the Ship Recycler under sub-section (5) of section 12; (d) the form in which a certificate of authorisation shall be issued under sub-section (6) of section 12; (e) the period of validity of certificate of authorisation for ship recycling facility under sub-section (8) of section 12; (f) the manner of enquiry or inspection by the Competent Authority under sub-section (2) of section 13; (g) the manner of making an application to the National Authority for a ready for recycling certificate under sub-section (1) of section 16; (h) the manner and format for issuing of the ready for recycling certificate under sub-section (2) of section 16; (i) the manner of obtaining the written permission of the Competent Authority under sub-section (1) of section 18; (j) the authority to authorise the ship recycling facility under sub-section (2) of section 18; (k) submission of documents by ship owner under clause (ii) of sub-section (1) of section 19; (l) the conditions for safe-for-entry or safe-for-hotwork or both under sub-section (2) of section 19; (m) the form and manner of issue of statement of acceptance by the Ship Recycler under sub-section (4) of section 20; (n) the requirements relating to removal and management of hazardous materials and basic infrastructure to be complied with by the Ship Recycler under clause (b) of section 21; (o) the manner of serving of notice by the Competent Authority to a Ship Recycler in case of oil spill under sub-section (2) of section 22; (p) the manner of submission of statement of completion by the Ship Recycler under section 23; and (q) any other matter which is required to be, or may be, specified by regulations. **44. Laying of rules and regulations.—Every rule made by the Central Government and every** regulation made by the National Authority under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **45. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or the State Government or the National Authority or the Competent Authority or any officer authorised by the Central Government or the State Government or the National 15 ----- Authority or the Competent Authority for anything done in good faith or intended to be done in pursuance of the provisions of this Act. **46. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act,** the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 16 -----

19-Dec-2019

50

The International Financial Services Centres Authority Act, 2019

https://www.indiacode.nic.in/bitstream/123456789/14009/1/A2019_____50.pdf

central

# THE INTERNATIONAL FINANCIAL SERVICES CENTRES AUTHORITY ACT, 2019 ____________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Application. 3. Definitions. CHAPTER II ESTABLISHMENT OF AUTHORITY 4. Establishment and incorporation of Authority. 5. Composition of Authority. 6. Terms of office and conditions of service of Chairperson and other Members. 7. Removal of Member from office. 8. Meetings of Authority. 9. Vacancies, etc., not to invalidate proceedings of Authority. 10. Administrative powers of Chairperson. 11. Officers and other employees of Authority. CHAPTER III POWERS AND FUNCTIONS OF AUTHORITY 12. Functions of Authority. 13. Powers of Authority in relation to financial products, financial services and financial institutions. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 14. Grants by Central Government. 15. Fund of Authority. 16. Accounts and audit. 17. Performance Review Committee. 18. Maintenance of website. 19. Returns and reports. 1 ----- CHAPTER V FOREIGN EXCHANCE TRANSACTIONS SECTIONS 20. Transactions in foreign currency. CHAPTER VI MISCELLANEOUS 21. Power to issue directions. 22. Power of Central Government to supersede Authority. 23. Delegation of powers. 24. Members, officers and employees of the Authority to be public servants. 25. Protection of action taken in good faith. 26. Exemption from tax. 27. Power to make rules. 28. Power to make regulations. 29. Rules and regulations to be laid before Parliament. 30. Overriding effect. 31. Power to modify provisions of other enactments in relation to International Financial Services Centres. 32. Power to remove difficulties. 33. Amendment to certain enactments. 34. Savings. THE FIRST SCHEDULE THE SECOND SCHEDULE 2 ----- # THE INTERNATIONAL FINANCIAL SERVICES CENTRES AUTHORITY ACT, 2019 ACT NO 50 OF 2019 [19th December, 2019.] # An Act to provide for the establishment of an Authority to develop and regulate the financial services market in the International Financial Services Centres in India and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the International Financial Services** Centres Authority Act, 2019. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Application.—This Act shall apply to the International Financial Services Centres set up under** section 18 of the Special Economic Zones Act, 2005 (28 of 2005). **3. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “appropriate regulator” means any financial sector regulator specified in the First Schedule to this Act; (b) “Authority” means the International Financial Services Centres Authority established under sub-section (1) of section 4; (c) “financial institution” means a unit set up in an International Financial Services Centre and which is engaged in rendering financial services in respect of any financial product; (d) “financial product” means— (i) securities; (ii) contracts of insurance; (iii) deposits; (iv) credit arrangements; (v) foreign currency contracts other than contracts to exchange one currency for another that are to be settled immediately; and (vi) any other product or instrument that may be notified by the Central Government from time to time. 1. 27th April, 2020—Sections 1 to 11 (both inclusive), 14, 15, 16, 27, 29, 30 and 34, vide notification No. S.O. 1384(E), dated 27th April, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 21st August, 2020—Sections 12, 17 to 26 (both inclusive), 28, 31 and 32, vide notification No. S.O. 2844(E), dated 21st August, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st October, 2020—Section 13 and 33, vide notification No. S.O. 3374(E), dated 29[th] September, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- (e) “financial service” means— (i) buying, selling, or subscribing to a financial product or agreeing to do so; (ii) acceptance of deposits; (iii) safeguarding and administering assets consisting of financial products, belonging to another person, or agreeing to do so; (iv) effecting contracts of insurance; (v) offering, managing or agreeing to manage assets consisting of financial products belonging to another person; (vi) exercising any right associated with a financial product or financial service; (vii) establishing or operating an investment scheme; (viii) maintaining or transferring records of ownership of a financial product; (ix) underwriting the issuance or subscription of a financial product; (x) providing information about a person's financial standing or creditworthiness; (xi) selling, providing, or issuing stored value or payment instruments or providing payment services; (xii) making arrangements for carrying on any of the services in sub-clauses (i) to (xi); (xiii) rendering or agreeing to render advice on or soliciting for the purposes of— (A) buying, selling, or subscribing to, a financial product; or (B) availing any of the services in sub-clauses (i) to (xi); or (C) exercising any right associated with a financial product or any of the services in clauses (i) to (xi); (xiv) any other service that may be notified by the Central Government from time to time; (f) “foreign currency” shall have the meaning assigned to it in clause (m) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999); (g) “International Financial Services Centre” means an International Financial Services Centre set up, before or after the commencement of this Act, under section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (h) “Member” means a Member of the Authority and includes the Chairperson; (i) “notification” means a notification published in the Official Gazette, and the expressions “notified” and “notify” shall be construed accordingly; (j) “prescribed” means prescribed by rules made by the Central Government under this Act; (k) “regulations” means the regulations made by the Authority under this Act. 4 ----- (2) Words and expressions used and not defined in this Act but defined in the Acts specified under column (3) of the First Schedule to this Act shall have the meanings respectively assigned to them in those Acts. CHAPTER II ESTABLISHMENT OF AUTHORITY **4. Establishment and incorporation of Authority.—(1) The Central Government shall, by** notification, for the purposes of this Act, establish an Authority by the name of the International Financial Services Centres Authority. (2) The Authority shall be a body corporate having perpetual succession and a common seal, and subject to the provisions of this Act, with power to enter into and execute contracts, acquire, hold and dispose of property, both movable and immovable, and shall, by the said name, sue and be sued. (3) The head office of the Authority shall be at such place as the Central Government may, by notification, decide. (4) The Authority may, with the prior approval of the Central Government, establish its offices at other places in India or outside India. **5. Composition of Authority.—(1) The Authority shall consist of the following Members, to be** appointed by the Central Government, namely:— (a) a Chairperson; (b) one Member each to be nominated by— (i) the Reserve Bank of India, ex officio; _(ii) the Securities and Exchange Board of India, ex officio;_ _(iii) the Insurance Regulatory and Development Authority of India, ex officio; and_ (iv) the Pension Fund Regulatory and Development Authority, ex officio; (c) two Members, from amongst the officials of the Ministry dealing with Finance, to be nominated by the Central Government, ex officio; and (d) two other Members to be appointed by the Central Government on the recommendation of a Selection Committee. (2) The Chairperson shall be a whole-time Member and other Members referred to in clause (d) of sub-section (1) may be appointed as whole-time or part-time Members as the Central Government may deem fit. (3) The Members shall be persons of ability, integrity and standing who have shown capacity in dealing with matters relating to financial sectors or have special knowledge or experience of law, finance, economics, accountancy, administration or in any other discipline which in the opinion of the Central Government, shall be useful to the Authority. (4) The Selection Committee referred to in clause (d) of sub-section (1) shall consist of such Members and constituted by the Central Government in such manner as may be prescribed. 5 ----- **6. Terms of office and conditions of service of Chairperson and other Members.—(1) The** Chairperson and a Member shall hold office for a term of three years from the date on which he enters upon his office and shall be eligible for re-appointment: Provided that no person shall hold office as a Chairperson after he has attained the age of sixty-five years or as a whole-time member after he has attained the age of sixty-two years. (2) The salaries and allowances payable to, and other terms and conditions of service of, the Members, other than ex officio Members, shall be such as may be prescribed. (3) Notwithstanding anything in sub-section (1), a Member may— (a) resign from his office by giving in writing to the Central Government a notice of not less than three months; or (b) be removed from his office in accordance with the provisions of section 7. (4) No Member, other than ex officio Member, shall, for a period of two years from the date on which they cease to hold office as such, except with the previous approval of the Central Government, accept— (a) any employment either under the Central Government or under any State Government; or (b) appointment in any financial institution in the International Financial Services Centres. **7. Removal of Member from office.—The Central Government may remove from office a Member,** who— (a) is, or at any time has been, adjudged as insolvent; or (b) has become physically or mentally incapable of acting as a Member; or (c) has been convicted of an offence which in the opinion of the Central Government involves moral turpitude; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (e) has so abused his position so as to render his continuance in office detrimental to public interest: Provided that no Member shall be removed from office under clause (d) or clause (e) unless he has been given a reasonable opportunity of being heard in the matter. **8. Meetings of Authority.—(1) The Authority shall meet at such times and places, and shall observe** such rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be specified by regulations. (2) The Chairperson, if for any reason, he is unable to attend a meeting of the Authority, any other Member chosen by the Members present from amongst themselves at the meeting shall preside at the meeting. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes of the Members present and voting, and, in the event of an equality of votes, the Chairperson, or in his absence, the person presiding, shall have a casting vote. (4) Any Member who has any direct or indirect interest in any matter likely to come up for consideration at a meeting of the Authority shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose in writing, the nature of his interest at such meeting and such disclosure shall be 6 ----- recorded in the proceedings of the Authority and such Member shall not take part in any deliberation or decision of the Authority with respect to that matter. **9. Vacancies etc., not to invalidate proceedings of Authority.—No act or proceeding of the** Authority shall be invalid merely by reason of,— (a) any vacancy or defect, in the constitution of the Authority; or (b) any defect in the appointment of a person as a member of the authority. **10. Administrative powers of Chairperson.—the Chairperson shall have the powers of general** superintendence and direction in respect of all administrative matters of the Authority. **11. Offices and other employees of Authority.—(1) the Authority may appoint such officers and** other employees as it considers necessary for the efficient discharge of its functions under this act. (2) the salaries and allowances payable to, and other terms and conditions of service of, officers and other employees of the Authority appointed under sub-section (1) shall be such as may be specified by regulations. CHAPTER III POWERS AND FUNCTIONS OF AUTHORITY **12. Functions of Authority.—(1) Subject to the provisions of this Act, it shall be the duty of the** Authority to develop and regulate the financial products, financial services and financial institutions in the International Financial Services Centres, by such measures as it deems fit. (2) Without prejudice to the generality of the provisions in sub-section (1), the powers and functions of the Authority shall include— (a) regulating the financial products, financial services and financial institutions in an International Financial Services Centre which have been permitted, before the commencement of this Act, by any regulator for any International Financial Services Centre; (b) regulating such other financial products, financial services or financial institutions in the International Financial Services Centres as may be notified by the Central Government from time to time; (c) recommending to the Central Government such other financial products, financial services and financial institutions which may be permitted in an International Financial Services Centre by the Central Government; (d) perform such other functions as may be prescribed. **13. Powers of Authority in relation to financial products, financial services and financial** **institutions.—(1)** Notwithstanding anything contained in any other law for the time being in force, all powers exercisable by an appropriate regulator, specified under column (2) of the First Schedule, under the respective Acts as specified in the corresponding entry under column (3) of the said Schedule shall, in the International Financial Services Centres, be exercised by the Authority in so far as it relates to the regulation of the financial products, financial services or financial institutions, as the case may be. (2) The Central Government may, by notification, amend the First Schedule by including therein any financial sector regulator and the law administered by it, or omitting therefrom any financial sector 7 ----- regulator or any law specified therein, and on the publication of such notification, such regulator and the law shall be deemed to be included in, or omitted from, the First Schedule. (3) Every notification issued under sub-section (2) shall be laid before each House of Parliament. (4) For the purposes of sub-section (1), the provisions of the respective Acts specified under column (3) of the First Schedule relating to— (a) the manner of filing an application for recognition or registration or withdrawal of recognition or registration or furnishing of information or reports; (b) the procedure of inspection, investigation or prosecution of offences, settlement of civil and administrative proceedings, compounding or adjudication of any offence or penalty, or actions to be taken in furtherance of such inspection, investigation, or adjudication or filing of appeals arising therefrom; (c) the determination or settlement, as the case may be, of any fee or fine or penalty or any other sum of amount or punishment for the contravention of any provisions of respective Acts specified in the First Schedule and recovery of such fine or penalty, shall, mutatis mutandis, apply to financial products, financial services and financial institutions under this Act, as they apply to the financial products, financial services and financial institutions under such respective Acts. (5) The penalties, fines, fees and settlement amounts shall be collected or realised in the foreign currency equivalent of the penalty or fine imposed. _Explanation.—The rate of exchange for computing the foreign currency equivalent to Indian rupees_ shall be such as are as notified by the Reserve Bank of India on the date of the order imposing the penalty or fine, as the case may be. (6) All sums realised by way of penalties or fines under this Act shall be credited to the Consolidated Fund of India in Indian rupees. (7) The Authority may, in addition to the above, specify by regulations the manner in which the functions may be performed by the Authority for carrying out the provisions of this section. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT **14. Grants by Central Government.—The Central Government may, after due appropriation made by** Parliament by law in this behalf, make to the Authority grants of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. **15. Fund of Authority.—(1) There shall be constituted a Fund to be called the International** Financial Services Centres Authority Fund and there shall be credited thereto— (a) all grants, fees and charges received by the Authority under this Act; and (b) all sums received by the Authority from the sources as may be decided upon by the Central Government. 8 ----- (2) The Fund shall be applied for meeting— (a) the salaries, allowances and other remuneration of Members, officers and other employees of the Authority; and (b) other expenses incurred by the Authority in connection with the discharge of its functions and for the purposes of this Act. **16. Accounts and audit.—(1) The Authority shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **17. Performance Review Committee.—(1) The Authority shall constitute a Performance Review** Committee, consisting of at least two Members of the Authority to review the functioning of the Authority, whether— (a) it has adhered to the provisions of the applicable laws while exercising powers or performing functions under this Act; (b) the regulations made by the Authority to give effect to the provisions of this Act promote transparency and best practices of governance; and (c) the Authority is managing risks to its functioning in a reasonable manner. (2) The Performance Review Committee shall make the review under sub-section (1) at least once in every financial year, and submit a report of its findings to the Authority which shall forward a copy thereof along with action taken, if any, pursuant to such report to the Central Government within a period of three months from the date of receipt of the report. (3) The Performance Review Committee shall maintain a system by which any person may submit to the committee, any incidence of— 9 ----- (a) non-adherence of the provisions of any applicable law by the Authority; (b) misappropriation of resources of the Authority by any person; (c) abuse of powers of the Authority by any Member or employee of the Authority; or (d) non-compliance of any decision of the Authority by any Member or employee of the Authority. (4) The Authority shall make regulations governing the information to be provided to the Performance Review Committee, and the provision of adequate resources to enable the committee to discharge its functions under this section. **18. Maintenance of website.—(1) The Authority shall maintain such website or any other universally** accessible repository of electronic information as may be specified by regulations. (2) All the regulations and orders issued by the Authority shall be published in its website or repository maintained under sub-section (1). (3) The Authority shall review the quality of the website or the repository, based on international best practices, once every year and publish the report containing its findings with the annual report. **19. Returns and reports.—(1) The Authority shall furnish to the Central Government at such time and** in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars with regard to any proposed or existing programme for the development and regulation of the units in the International Financial Services Centres, as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1), the Authority shall, within ninety days after the end of each financial year, submit to the Central Government, a report in such form, as may be prescribed, giving a true and full account of its activities, policies and programmes during the previous financial year. (3) A copy of the report received under sub-section (2) shall be laid, as soon as may be after it is received, before each House of Parliament. CHAPTER V FOREIGN EXCHANGE TRANSACTIONS **20. Transactions in foreign currency.—Every transaction of financial services in an International** Financial Services Centre shall be in such foreign currency as may be specified by regulations in consultation with the Central Government. CHAPTER VI MISCELLANEOUS **21. Power to issue directions.—(1) Without prejudice to the foregoing provisions of this Act, the** Authority shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time: 10 ----- Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Central Government, whether a question is one of policy or not, shall be final. **22. Power of Central Government to supersede Authority.—(1) If at any time the Central** Government is of the opinion that— (a) on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or under this Act; or (b) the Authority has persistently defaulted in complying with any direction given by the Central Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under this Act and as a result of such default the financial position of the Authority or the administration of the Authority has deteriorated; or (c) circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification and for reasons to be specified therein, supersede the Authority for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Authority to make representations, if any, of the Authority. (2) Upon the publication of a notification under sub-section (1) superseding the Authority,— (a) the Chairperson and other Members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under this Act, be exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; and (c) all properties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Central Government. (3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other Members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for reappointment. (4) The Central Government shall, as soon as may be, cause a copy of the notification issued under sub-section (1) and a full report to any action taken by it, to be laid before each House of Parliament. **23. Delegation of powers.—(1) The Authority may, by general or special order in writing, delegate to** any Member or officer of the Authority subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the powers under section 28) as it may deem necessary. (2) The Authority may, by a general or special order in writing, also form committees of the Members and delegate to them the powers and functions of the Authority, as may be specified by regulations. **24. Members, officers and employees of the Authority to be public servants.—The Members,** officers and employees of the Authority shall be deemed, when acting or purporting to act in pursuance of 11 ----- any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **25. Protection of action taken in good faith.— No suit, prosecution or other legal proceedings shall** lie against the Central Government or the Authority or its Members, officers or other employees, for anything which is done, or intended to be done, in good faith under this Act. **26. Exemption from tax.— Nothing contained in any other law or enactment for the time being in** force, in relation to taxation, including the Income-tax Act,1961 (43 of 1961), shall make the Authority liable to pay income-tax or any other tax or duty with respect to its income, services or profits or gains. **27. Power to make rules.—(1) The Central Government may, by notification, make rules for carrying** out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the composition and the manner of constitution of the Selection Committee under sub-section (4) of section 5; (b) the salaries and allowances and other terms and conditions of service of Members under sub-section (2) of section 6; (c) other functions to be performed by the Authority under clause (d) of sub-section (2) of section 12; (d) the form in which the accounts and other relevant records to be maintained and annual statement of accounts to be furnished under sub-section (1) of section 16; (e) the form and manner of furnishing of returns and statements and other particulars under sub-section (1) of section 19; (f) the form of annual report of activities, policies and programmes under sub-section (2) of section 19; (g) any other matter which is to be, or may be, prescribed. **28. Power to make regulations.— (1) The Authority may, by notification, make regulations** consistent with this Act and the rules made thereunder for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the time and place of meetings and the rules of procedure in regard to transaction of business at such meetings under sub-section (1) of section 8; (b) the salaries and allowances and other terms and conditions of service of officers and other employees of Authority under sub-section (2) of section 11; (c) the manner in which the Authority may perform its functions under sub-section (7) of section 13; (d) the manner of providing information to the Performance Review Committee under sub-section (4) of section 17; 12 ----- (e) the maintenance of the website or any other universally accessible repository of electronic information under sub-section (1) of section 18; (f) the foreign currency in which transaction of financial services in International Financial Services Centres may be conducted under section 20; (g) the powers and functions of the Authority which may be delegated under sub-section (2) of section 23; (h) any other matter which is required to be or may be, specified by regulations. **29. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **30. Overriding effect.— The provisions of this Act shall have effect notwithstanding anything** inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. **31. Power to modify provisions of other enactments in relation to International Financial** **Services Centres.—(1) The Central Government may, by notification, direct that any of the provisions of** any other Central Act or any rules or regulations made thereunder or any notification or order issued or direction given thereunder (other than the provisions relating to making of the rules or regulations) specified in the notification— (a) shall not apply to financial products, financial services or financial institutions, as the case may be, in an International Financial Services Centre; or (b) shall apply to financial products, financial services or financial institutions, as the case may be, in an International Financial Services Centre with such exceptions, modifications and adaptations, as may be specified in the notification. (2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses. **32. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of five years from the commencement of this Act. 13 ----- (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **33. Amendment to certain enactments.—The enactments specified in the Second Schedule shall be** amended in the manner specified therein. **34. Savings.— All rules and regulations made or purporting to have been made or all notifications** issued or purporting to have been issued under any Central Act relating to the financial products, financial services or financial institutions, as the case may be, shall, in so far as they relate to matters for which provision is made in this Act or the rules or regulations made or notification issued thereunder and are not inconsistent therewith, be deemed to have been made or issued under this Act as if this Act had been in force on the date on which such rules were made or notifications were issued and shall continue to be in force unless and until they are superseded by any rules or regulations made or notifications issued under this Act. 14 ----- THE FIRST SCHEDULE [See sections 3(1)(a), 13(1), (2) and (4)] APPROPRIATE REGULATORS Sl.No. Appropriate Regulator Name of Acts (1) (2) (3) 1. The Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934). 2. The Securities and Exchange Board of India established under the Securities and Exchange Board of India Act, 1992 (15 of 1992) 3. The Insurance Regulatory and Development Authority of India constituted under the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999). 4. The Pension Fund Regulatory and Development Authority constituted under the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013). 1. The Reserve Bank of India Act, 1934 (2 of 1934). 2. The Banking Regulation Act, 1949 (10 of 1949); 3. The Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961); 4. The Foreign Exchange Management Act, 1999 (42 of 1999); 5. The Credit Information Companies (Regulation) Act, 2005 (30 of 2005); 6. The Government Securities Act, 2006 (38 of 2006); 7. The Payment and Settlement Systems Act, 2007 (51 of 2007). 1. The Securities Contracts (Regulation) Act, 1956 (42 of 1956); 2. The Securities and Exchange Board of India Act, 1992 (15 of 1992); 3. The Depositories Act, 1996 (22 of 1996). 1. The Insurance Act, 1938 (4 of 1938); 2. The General Insurance Business (Nationalisation) Act, 1972 (57 of 1972); 3. The Insurance Regulatory and Development Authority Act, 1999 (41 of 1999). The Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013). 15 ----- THE SECOND SCHEDULE [See section 33] AMENDMENT TO CERTAIN ENACTMENTS PART I AMENDMENT TO THE RESERVE BANK OF INDIA ACT, 1934 (2 OF 1934) Insertion of new section after section 57.—After section 57, the following section shall be inserted, namely:— “57A. **Powers of Bank not to apply to International Financial Services Centre.—Notwithstanding** anything contained in any other law for the time being in force, the powers exercisable by the Bank under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART II AMENDMENT TO THE INSURANCE ACT, 1938 (4 OF 1938) Insertion of new section after section 118.—After section 118, the following section shall be inserted, namely:— “118A. Powers of Authority not to apply to International Financial Services Centre.—Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Authority under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART III AMENDMENT TO THE BANKING REGULATION ACT, 1949 (10 OF 1949) Insertion of new section after section 51.—After section 51, the following section shall be inserted, namely:— 16 ----- “51A. Powers of Reserve Bank not to apply to International Financial Services Centre.— Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Reserve Bank under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART IV AMENDMENT TO THE SECURITIES CONTRACTS (REGULATION) ACT, 1956 (42 OF 1956) Insertion of new section after section 29A.—After section 29A, the following section shall be inserted, namely:— “29B. Powers of the Securities and Exchange Board of India not to apply to International **Financial Services Centre.—Notwithstanding anything contained in any other law for the time being in** force, the powers exercisable by the Securities and Exchange Board of India under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART V AMENDMENT TO THE DEPOSIT INSURANCE AND CREDIT GUARANTEE CORPORATION ACT, 1961 (47 OF 1961) Insertion of new section after section 43.—After section 43, the following section shall be inserted, namely:— “43A.Powers of Reserve Bank not to apply to International Financial Services Centre.— Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Reserve Bank under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. 17 ----- PART VI AMENDMENT TO THE GENERAL INSURANCE BUSINESS (NATIONALISATION) ACT, 1972 (57 OF 1972) Insertion of new section after section 38.—After section 38, the following section shall be inserted, namely:— “38A. Powers of Insurance Regulatory and Development Authority of India not to apply to **International Financial Services Centre.—Notwithstanding anything contained in any other law for the** time being in force, the powers exercisable by the Insurance Regulatory and Development Authority of India under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART VII AMENDMENT TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 (15 OF 1992) Insertion of new section after section 28B.—After section 28B, the following section shall be inserted, namely:— “28C. Powers of Board not to apply to International Financial Services Centre.— Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Board under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART VIII AMENDMENT TO THE DEPOSITORIES ACT, 1996 (22 OF 1996) Insertion of new section after section 23F.—After section 23F, the following section shall be inserted, namely:— “23G. Powers of Board not to apply to International Financial Services Centre.— Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Board under this Act,— 18 ----- (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART IX AMENDMENT TO THE INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY ACT, 1999 (41 OF 1999) Insertion of new section after section 23.—After section 23, the following section shall be inserted, namely:— “23A. Powers of Authority not to apply to International Financial Services Centre.— Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Authority under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART X AMENDMENT TO THE FOREIGN EXCHANGE MANAGEMENT ACT, 1999 (42 OF 1999) Insertion of new section after section 44.—After section 44, the following section shall be inserted, namely:— “44A. Powers of Reserve Bank not to apply to International Financial Services Centre.— Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Reserve Bank under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. 19 ----- PART XI AMENDMENT TO THE CREDIT INFORMATION COMPANIES (REGULATION) ACT, 2005 (30 OF 2005) Insertion of new section after section 33.—After section 33, the following section shall be inserted, namely:— “33A. Powers of Reserve Bank not to apply to International Financial Services Centre.— Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Reserve Bank under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART XII AMENDMENT TO THE GOVERNMENT SECURITIES ACT, 2006 (38 OF 2006) Insertion of new section after section 31.—After section 31, the following section shall be inserted, namely:— “31A. Powers of Bank not to apply to International Financial Services Centre.—Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Bank under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centre Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART XIII AMENDMENT TO THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 (51 OF 2007) Insertion of new section after section 34A.—After section 34A, the following section shall be inserted, namely:— “34B. Powers of Reserve Bank not to apply to International Financial Services Centre.— Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Reserve Bank under this Act,— 20 ----- (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. PART XIV AMENDMENT TO THE PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY ACT, 2013 (23 OF 2013) Insertion of new section after section 50.—After section 50, the following section shall be inserted, namely:— “50A. Powers of Authority not to apply to International Financial Services Centre.— Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Authority under this Act,— (a) shall not extend to an International Financial Services Centre set up under sub-section (1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centres Authority established under sub-section (1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of financial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.”. 21 -----

10-Jan-2020

40

The Transgender Persons (Protection of Rights) Act, 2019.

https://www.indiacode.nic.in/bitstream/123456789/13091/1/a2019-40.pdf

central

SECTIONS THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 ______________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY # 1. Short title, extent and commencement. 2. Definitions. CHAPTER II PROHIBITION AGAINST DISCRIMINATION # 3. Prohibition against discrimination. CHAPTER III RECOGNITION OF IDENTITY OF TRANSGENDER PERSONS # 4. Recognition of identity of transgender person. 5. Application for certificate of identity. 6. Issue of certificate of identity. 7. Change in gender. CHAPTER IV WELFARE MEASURES BY GOVERMENT # 8. Obligation of appropriate Government. CHAPTER V OBLIGATION OF ESTABLISHMENTS AND OTHER PERSONS # 9. Non-discrimination in employment. 10. Obligations of establishments. 11. Grievance redressal mechanism. 12. Right of residence. CHAPTER VI EDUCATION, SOCIAL SECURITY AND HEALTH OF TRANSGENDER PERSONS # 13. Obligation of educational institutions to provide inclusive education to transgender persons. 14. Vocational training and self-employment. 15. Healthcare facilities. CHAPTER VII NATIONAL COUNCIL FOR TRANGENDER PERSONS # 16. National Council for Transgender Persons. 17. Functions of Council. CHAPTER VIII OFFENCES AND PENALTIES # 18. Offences and penalties. 1 ----- CHAPTER IX MISCELLANEOUS SECTIONS # 19. Grants by Central Government. 20. Act not in derogation of any other law. 21. Protection of action taken in good faith. 22. Power of appropriate Government to make rules. 23. Power to remove difficulties. 2 ----- # THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 ACT NO. 40 OF 2019 [5th December, 2019.] # An Act to provide for protection of rights of transgender persons and their welfare and for matters connected therewith and incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY # 1. Short title, extent and commencement.—(1) This Act may be called the Transgender Persons (Protection of Rights) Act, 2019. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appropriate Government” means, — (i) in relation to the Central Government or any establishment, wholly or substantially financed by that Government, the Central Government; (ii) in relation to a State Government or any establishment, wholly or substantially financed by that Government, or any local authority, the State Government; (b) “establishment” means— (i) any body or authority established by or under a Central Act or a State Act or an authority or a body owned or controlled or aided by the Government or a local authority, or a Government company as defined in section 2 of the Companies Act, 2013 (18 of 2013), and includes a Department of the Government; or (ii) any company or body corporate or association or body of individuals, firm, cooperative or other society, association, trust, agency, institution; (c) “family” means a group of people related by blood or marriage or by adoption made in accordance with law; (d) “inclusive education” means a system of education wherein transgender students learn together with other students without fear of discrimination, neglect, harassment or intimidation and the system of teaching and learning is suitably adapted to meet the learning needs of such students; (e) “institution” means an institution, whether public or private, for the reception, care, protection, education, training or any other service of transgender persons; (f) “local authority” means the municipal corporation or Municipality or Panchayat or any other local body constituted under any law for the time being in force for providing municipal services or basic services, as the case may be, in respect of areas under its jurisdiction; (g) “National Council” means the National Council for Transgender Persons established under section 16; (h) “notification” means a notification published in the Official Gazette; 1. 10th January, 2020, vide notification No. S.O. 135(E), dated 10th January, 2020, see Gazette of India, Extraordinary, Part II, sec. 2(ii). 3 ----- (i) “person with intersex variations” means a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes or hormones from normative standard of male or female body; (j) “prescribed” means prescribed by rules made by the appropriate Government under this Act; and (k) “transgender person” means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as _kinner, hijra, aravani and jogta._ CHAPTER II PROHIBITION AGAINST DISCRIMINATION **3. Prohibition against discrimination.—No person or establishment shall discriminate against a** transgender person on any of the following grounds, namely:— (a) the denial, or discontinuation of, or unfair treatment in, educational establishments and services thereof; (b) the unfair treatment in, or in relation to, employment or occupation; (c) the denial of, or termination from, employment or occupation; (d) the denial or discontinuation of, or unfair treatment in, healthcare services; (e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public; (f) the denial or discontinuation of, or unfair treatment with regard to the right of movement; (g) the denial or discontinuation of, or unfair treatment with regard to the right to reside, purchase, rent, or otherwise occupy any property; (h) the denial or discontinuation of, or unfair treatment in, the opportunity to stand for or hold public or private office; and (i) the denial of access to, removal from, or unfair treatment in, Government or private establishment in whose care or custody a transgender person may be. CHAPTER III RECOGNITION OF IDENTITY OF TRANSGENDER PERSONS **4. Recognition of identity of transgender person.—(1) A transgender person shall have a right to** be recognised as such, in accordance with the provisions of this Act. (2) A person recognised as transgender under sub-section (1) shall have a right to self-perceived gender identity. **5. Application for certificate of identity.—A transgender person may make an application to the** District Magistrate for issuing a certificate of identity as a transgender person, in such form and manner, and accompanied with such documents, as may be prescribed: Provided that in the case of a minor child, such application shall be made by a parent or guardian of such child. **6. Issue of certificate of identity.—(1) The District Magistrate shall issue to the applicant under** section 5, a certificate of identity as transgender person after following such procedure and in such form and manner, within such time, as may be prescribed indicating the gender of such person as transgender. 4 ----- (2) The gender of transgender person shall be recorded in all official documents in accordance with certificate issued under sub-section (1). (3) A certificate issued to a person under sub-section (1) shall confer rights and be a proof of recognition of his identity as a transgender person. **7. Change in gender.—(1) After the issue of a certificate under sub-section (1) of section 6, if a** transgender person undergoes surgery to change gender either as a male or female, such person may make an application, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone surgery, to the District Magistrate for revised certificate, in such form and manner as may be prescribed. (2) The District Magistrate shall, on receipt of an application along with the certificate issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed. (3) The person who has been issued a certificate of identity under section 6 or a revised certificate under sub-section (2) shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person: Provided that such change in gender and the issue of revised certificate under sub-section (2) shall not affect the rights and entitlements of such person under this Act. CHAPTER IV WELFARE MEASURES BY GOVERMENT **8. Obligation of appropriate Government.—(1) The appropriate Government shall take steps to** secure full and effective participation of transgender persons and their inclusion in society. (2) The appropriate Government shall take such welfare measures as may be prescribed to protect the rights and interests of transgender persons, and facilitate their access to welfare schemes framed by that Government. (3) The appropriate Government shall formulate welfare schemes and programmes which are transgender sensitive, non-stigmatising and non-discriminatory. (4) The appropriate Government shall take steps for the rescue, protection and rehabilitation of transgender persons to address the needs of such persons. (5) The appropriate Government shall take appropriate measures to promote and protect the right of transgender persons to participate in cultural and recreational activities. CHAPTER V OBLIGATION OF ESTABLISHMENTS AND OTHER PERSONS **9. Non-discrimination in employment.—No establishment shall discriminate against any** transgender person in any matter relating to employment including, but not limited to, recruitment, promotion and other related issues. **10. Obligations of establishments.—Every establishment shall ensure compliance with the** provisions of this Act and provide such facilities to transgender persons as may be prescribed. **11. Grievance redressal mechanism.—Every establishment shall designate a person to be a** complaint officer to deal with the complaints relating to violation of the provisions of this Act. **12. Right of residence.—(1) No child shall be separated from parents or immediate family on the** ground of being a transgender, except on an order of a competent court, in the interest of such child. (2) Every transgender person shall have— (a) a right to reside in the household where parent or immediate family members reside; (b) a right not to be excluded from such household or any part thereof; and 5 ----- (c) a right to enjoy and use the facilities of such household in a non-discriminatory manner. (3) Where any parent or a member of his immediate family is unable to take care of a transgender, the competent court shall by an order direct such person to be placed in rehabilitation centre. CHAPTER VI EDUCATION, SOCIAL SECURITY AND HEALTH OF TRANSGENDER PERSONS **13. Obligation of educational institutions to provide inclusive education to transgender** **persons.—Every educational institution funded or recognised by the appropriate Government shall** provide inclusive education and opportunities for sports, recreation and leisure activities to transgender persons without discrimination on an equal basis with others. **14. Vocational training and self-employment.—The appropriate Government shall formulate** welfare schemes and programmes to facilitate and support livelihood for transgender persons including their vocational training and self-employment. **15. Healthcare facilities.—The appropriate Government shall take the following measures in relation** to transgender persons, namely:— (a) to set up separate human immunodeficiency virus Sero-surveillance Centres to conduct sero surveillance for such persons in accordance with the guidelines issued by the National AIDS Control Organisation in this behalf; (b) to provide for medical care facility including sex reassignment surgery and hormonal therapy; (c) before and after sex reassignment surgery and hormonal therapy counselling; (d) bring out a Health Manual related to sex reassignment surgery in accordance with the World Profession Association for Transgender Health guidelines; (e) review of medical curriculum and research for doctors to address their specific health issues; (f) to facilitate access to transgender persons in hospitals and other healthcare institutions and centres; (g) provision for coverage of medical expenses by a comprehensive insurance scheme for Sex Reassignment Surgery, hormonal therapy, laser therapy or any other health issues of transgender persons. CHAPTER VII NATIONAL COUNCIL FOR TRANGENDER PERSONS **16. National Council for Transgender Persons.—(1) The Central Government shall by notification** constitute a National Council for Transgender Persons to exercise the powers conferred on, and to perform the functions assigned to it, under this Act. (2) The National Council shall consist of— (a) the Union Minister in-charge of the Ministry of Social Justice and Empowerment, Chairperson, ex officio; (b) the Minister of State, in-charge of the Ministry of Social Justice and Empowerment in the Government, Vice-Chairperson, ex officio; (c) Secretary to the Government of India in-charge of the Ministry of Social Justice and Empowerment, Member, ex officio; (d) one representative each from the Ministries of Health and Family Welfare, Home Affairs, Housing and Urban Affairs, Minority Affairs, Human Resources Development, Rural Development, Labour and Employment and Departments of Legal Affairs, Pensions and Pensioners Welfare and National Institute for Transforming India Aayog, not below the rank of Joint Secretaries to the Government of India, Members, ex officio; 6 ----- (e) one representative each from the National Human Rights Commission and National Commission for Women, not below the rank of Joint Secretaries to the Government of India, Members, ex officio; (f) representatives of the State Governments and Union territories by rotation, one each from the North, South, East, West and North-East regions, to be nominated by the Central Government, Members, ex officio; (g) five representatives of transgender community, by rotation, from the State Governments and Union territories, one each from the North, South, East, West and North-East regions, to be nominated by the Central Government, Members; (h) five experts, to represent non-governmental organisations or associations, working for the welfare of transgender persons, to be nominated by the Central Government, Members; and (i) Joint Secretary to the Government of India in the Ministry of Social Justice and Empowerment dealing with the welfare of the transgender persons, Member Secretary, ex officio. (3) A Member of National Council, other than ex officio member, shall hold office for a term of three years from the date of his nomination. **17. Functions of Council.—The National Council shall perform the following functions, namely:—** (a) to advise the Central Government on the formulation of policies, programmes, legislation and projects with respect to transgender persons; (b) to monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of transgender persons; (c) to review and coordinate the activities of all the departments of Government and other Governmental and non-Governmental Organisations which are dealing with matters relating to transgender persons; (d) to redress the grievances of transgender persons; and (e) to perform such other functions as may be prescribed by the Central Government. CHAPTER VIII OFFENCES AND PENALTIES **18. Offences and penalties.—Whoever,—** (a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government; (b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use; (c) forces or causes a transgender person to leave household, village or other place of residence; and (d) harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine. CHAPTER IX MISCELLANEOUS **19. Grants by Central Government.—The Central Government shall, from time to time, after due** appropriation made by Parliament by law in this behalf, credit such sums to the National Council as may be necessary for carrying out the purposes of this Act. 7 ----- **20. Act not in derogation of any other law.—The provisions of this Act shall be in addition to, and** not in derogation of, any other law for the time being in force. **21. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the appropriate Government or any local authority or any officer of the Government in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this Act and any rules made there under. **22. Power of appropriate Government to make rules.—(1) The appropriate Government may,** subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner in which an application shall be made under section 5; (b) the procedure, form and manner and the period within which a certificate of identity is issued under sub-section (1) of section 6; (c) the form and manner in which an application shall be made under sub-section (1) of section 7; (d) the form, period and manner for issuing revised certificate under sub-section (2) of section 7; (e) welfare measures to be provided under sub-section (2) of section 8; (f) facilities to be provided under section 10; (g) other functions of the National Council under clause (e) of section 17; and (h) any other matter which is required to be or may be prescribed. (3) Every rule made by the Central Government under sub-section (1), shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) Every rule made by the State Government under sub-section (1), shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such legislature consists of one House, before that House. **23. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 8 -----

17-Mar-2020

03

The Direct Tax Vivad se Vishwas Act, 2020

https://www.indiacode.nic.in/bitstream/123456789/13812/2/A202003.pdf

central

# THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 ____________ # ARRANGEMENT OF SECTIONS Last Updated: 29-6-2021 ___________ SECTIONS 1. Short title. 2. Definitions. 3. Amount payable by declarant. 4. Filing of declaration and particulars to be furnished. 5. Time and manner of payment. 6. Immunity from initiation of proceedings in respect of offence and imposition of penalty in certain cases. 7. No refund of amount paid. 8. No benefit, concession or immunity to declarant. 9. Act not to apply in certain cases. 10. Power of Board to issue directions, etc. 11. Power to remove difficulties. 12. Power to make rules. 1 ----- # THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 ACT NO. 3 OF 2020 [17th March, 2020.] # An Act to provide for resolution of disputed tax and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— **1. Short title.—This Act may be called the Direct Tax Vivad se Vishwas Act, 2020.** **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** ‘(a) “appellant” means— (i) a person in whose case an appeal or a writ petition or special leave petition has been filed either by him or by the income-tax authority or by both, before an appellate forum and such appeal or petition is pending as on the specified date; (ii) a person in whose case an order has been passed by the Assessing Officer, or an order has been passed by the Commissioner (Appeals) or the Income Tax Appellate Tribunal in an appeal, or by the High Court in a writ petition, on or before the specified date, and the time for filing any appeal or special leave petition against such order by that person has not expired as on that date; (iii) a person who has filed his objections before the Dispute Resolution Panel under section 144C of the Income-tax Act, 1961 (43 of 1961) and the Dispute Resolution Panel has not issued any direction on or before the specified date; (iv) a person in whose case the Dispute Resolution Panel has issued direction under sub-section (5) of section 144C of the Income-tax Act and the Assessing Officer has not passed any order under sub-section (13) of that section on or before the specified date; (v) a person who has filed an application for revision under section 264 of the Income-tax Act and such application is pending as on the specified date;”; 1[Explanation.—For the removal of doubts, it is hereby clarified that the expression “appellant” shall not include and shall be deemed never to have been included a person in whose case a writ petition or special leave petition or any other proceeding has been filed either by him or by the income-tax authority or by both before an appellate forum, arising out of an order of the Settlement Commission under Chapter XIX-A of the Income-tax Act, and such petition or appeal is either pending or is disposed of.] (b) “appellate forum” means the Supreme Court or the High Court or the Income Tax Appellate Tribunal or the Commissioner (Appeals); (c) “declarant” means a person who files declaration under section 4; (d) “declaration” means the declaration filed under section 4; (e) “designated authority” means an officer not below the rank of a Commissioner of Income-tax notified by the Principal Chief Commissioner for the purposes of this Act; 1. Ins. by Act 13 of 2021, s. 172 (w.e.f. 17-03-2020). 2 ----- (f) “disputed fee” means the fee determined under the provisions of the Income-tax Act, 1961 (43 of 1961) in respect of which appeal has been filed by the appellant; (g) “disputed income”, in relation to an assessment year, means the whole or so much of the total income as is relatable to the disputed tax; (h) “disputed interest” means the interest determined in any case under the provisions of the Income-tax Act, 1961 (43 of 1961), where— (i) such interest is not charged or chargeable on disputed tax; (ii) an appeal has been filed by the appellant in respect of such interest; (i) “disputed penalty” means the penalty determined in any case under the provisions of the Income-tax Act, 1961 (43 of 1961), where— (i) such penalty is not levied or leviable in respect of disputed income or disputed tax, as the case may be; (ii) an appeal has been filed by the appellant in respect of such penalty; (j) “disputed tax”, in relation to an assessment year or financial year, as the case may be, means the income-tax, including surcharge and cess (hereafter in this clause referred to as the amount of tax) payable by the appellant under the provisions of the Income-tax Act, 1961 (43 of 1961), as computed hereunder:— (A) in a case where any appeal, writ petition or special leave petition is pending before the appellate forum as on the specified date, the amount of tax that is payable by the appellant if such appeal or writ petition or special leave petition was to be decided against him; (B) in a case where an order in an appeal or in writ petition has been passed by the appellate forum on or before the specified date, and the time for filing appeal or special leave petition against such order has not expired as on that date, the amount of tax payable by the appellant after giving effect to the order so passed; (C) in a case where the order has been passed by the Assessing Officer on or before the specified date, and the time for filing appeal against such order has not expired as on that date, the amount of tax payable by the appellant in accordance with such order; (D) in a case where objection filed by the appellant is pending before the Dispute Resolution Panel under section 144C of the Income-tax Act as on the specified date, the amount of tax payable by the appellant if the Dispute Resolution Panel was to confirm the variation proposed in the draft order; (E) in a case where Dispute Resolution Panel has issued any direction under sub-section (5) of section 144C of the Income-tax Act and the Assessing Officer has not passed the order under sub-section (13) of that section on or before the specified date, the amount of tax payable by the appellant as per the assessment order to be passed by the Assessing Officer under sub-section (13) thereof; (F) in a case where an application for revision under section 264 of the Income-tax Act is pending as on the specified date, the amount of tax payable by the appellant if such application for revision was not to be accepted: Provided that in a case where Commissioner (Appeals) has issued notice of enhancement under section 251 of the Income-tax Act on or before the specified date, the disputed tax shall be 3 ----- increased by the amount of tax pertaining to issues for which notice of enhancement has been issued: Provided further that in a case where the dispute in relation to an assessment year relates to reduction of tax credit under section 115JAA or section 115D of the Income-tax Act or any loss or depreciation computed thereunder, the appellant shall have an option either to include the amount of tax related to such tax credit or loss or depreciation in the amount of disputed tax, or to carry forward the reduced tax credit or loss or depreciation, in such manner as may be prescribed. [1][Explanation.—For the removal of doubts, it is hereby clarified that the expression “disputed tax”, in relation to an assessment year or financial year, as the case may be, shall not include and shall be deemed never to have been included any sum payable either by way of tax, penalty or interest pursuant to an order passed by the Settlement Commission under Chapter XIXA of the Income-tax Act.] (k) “Income-tax Act” means the Income-tax Act, 1961 (43 of 1961); (l) “last date” means such date as may be notified by the Central Government in the Official Gazette; (m) “prescribed” means prescribed by rules made under this Act; (n) “specified date” means the 31st day of January, 2020; (o) “tax arrear” means,— (i) the aggregate amount of disputed tax, interest chargeable or charged on such disputed tax, and penalty leviable or levied on such disputed tax; or (ii) disputed interest; or (iii) disputed penalty; or (iv) disputed fee, as determined under the provisions of the Income-tax Act. 1[Explanation.—For the removal of doubts, it is hereby clarified that the expression “tax arrear” shall not include and shall be deemed never to have been included any sum payable either by way of tax, penalty or interest pursuant to an order passed by the Settlement Commission under Chapter XIX-A of the Income-tax Act.] (2) The words and expressions used herein and not defined but defined in the Income-tax Act shall have the meanings respectively assigned to them in that Act. **3. Amount payable by declarant.—Subject to the provisions of this Act, where a declarant files** 2[under the provisions of this Act on or before the such date as may be notified], a declaration to the designated authority in accordance with the provisions of section 4 in respect of tax arrear, then, notwithstanding anything contained in the Income-tax Act or any other law for the time being in force, the amount payable by the declarant under this Act shall be as under, namely:— SI. NO Nature of tax arrear. Amount payable under Amount payable under this Act on or before the this Act on or after the 3[31st day of December, 4[1st day of January, 2020 or such later date 2021 or such later date as may be notified]. as may be notified] but 1. Ins. by Act 13 of 2021, s. 172 (w.e.f. 17-03-2020). 2. Subs. by Act 38 of 2020, s. 5, for “under the provisions of this Act on or before the last date” (w.e.f. 31-3-2020). 3. Subs. by s. 5, ibid., for “31st day of March, 2020” (w.e.f. 31-3-2020). 4. Subs. by s. 5, ibid., for “1st day of April, 2020” (w.e.f. 31-3-2020). 4 |SI. NO|Nature of tax arrear.|Amount payable under this Act on or before the 3[31st day of December, 2020 or such later date as may be notified].|Amount payable under this Act on or after the 4[1st day of January, 2021 or such later date as may be notified] but| |---|---|---|---| ----- |Col1|Col2|Col3|on or before the last date.| |---|---|---|---| |(a)|where the tax arrear is the aggregate amount of disputed tax, interest chargeable or charged on such disputed tax and penalty leviable or levied on such disputed tax.|amount of the disputed tax.|the aggregate of the amount of disputed tax and ten per cent. of disputed tax: provided that where the ten per cent. of disputed tax exceeds the aggregate amount of interest chargeable or charged on such disputed tax and penalty leviable or levied on such disputed tax, the excess shall be ignored for the purpose of computation of amount payable under this Act .| |(b)|where the tax arrear includes the tax, interest or penalty determined in any assessment on the basis of search under section 132 or section 132A of the Income-tax Act.|the aggregate of the amount of disputed tax and twenty-five per cent. of the disputed tax: provided that where the twenty-five per cent. of disputed tax exceeds the aggregate amount of interest chargeable or charged on such disputed tax and penalty leviable or levied on such disputed tax, the excess shall be ignored for the purpose of computation of amount payable under this Act.|the aggregate of the amount of disputed tax and thirty-five per cent. of disputed tax: provided that where the thirty- five per cent. of disputed tax exceeds the aggregate amount of interest chargeable or charged on such disputed tax and penalty leviable or levied on such disputed tax, the excess shall be ignored for the purpose of computation of amount payable.| |(c)|where the tax arrear relates to disputed interest or disputed penalty or disputed fee.|twenty-five per cent. of disputed interest or disputed penalty or disputed fee.|thirty per cent. of disputed interest or disputed penalty or disputed fee:| 5 ----- Provided that in a case where an appeal or writ petition or special leave petition is filed by the income-tax authority on any issue before the appellate forum, the amount payable shall be one-half of the amount in the Table above calculated on such issue, in such manner as may be prescribed: Provided further that in a case where an appeal is filed before the Commissioner (Appeals) or objections is filed before the Dispute Resolution Panel by the appellant on any issue on which he has already got a decision in his favour from the Income Tax Appellate Tribunal (where the decision on such issue is not reversed by the High Court or the Supreme Court) or the High Court (where the decision on such issue is not reversed by the Supreme Court), the amount payable shall be one-half of the amount in the Table above calculated on such issue, in such manner as may be prescribed: Provided also that in a case where an appeal is filed by the appellant on any issue before the Income Tax Appellate Tribunal on which he has already got a decision in his favour from the High Court (where the decision on such issue is not reversed by the Supreme Court), the amount payable shall be one-half of the amount in the Table above calculated on such issue, in such manner as may be prescribed. **4. Filing of declaration and particulars to be furnished.—(1) The declaration referred to in section** 3 shall be filed by the declarant before the designated authority in such form and verified in such manner as may be prescribed. (2) Upon the filing the declaration, any appeal pending before the Income Tax Appellate Tribunal or Commissioner (Appeals), in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrear shall be deemed to have been withdrawn from the date on which certificate under sub-section (1) of section 5 is issued by the designated authority. (3) Where the declarant has filed any appeal before the appellate forum or any writ petition before the High Court or the Supreme Court against any order in respect of tax arrear, he shall withdraw such appeal or writ petition with the leave of the Court wherever required after issuance of certificate under sub-section (1) of section 5 and furnish proof of such withdrawal alongwith the intimation of payment to the designated authority under sub-section (2) of section 5. (4) Where the declarant has initiated any proceeding for arbitration, conciliation or mediation, or has given any notice thereof under any law for the time being in force or under any agreement entered into by India with any other country or territory outside India whether for protection of investment or otherwise, he shall withdraw the claim, if any, in such proceedings or notice after issuance of certificate under sub-section (1) of section 5 and furnish proof of such withdrawal alongwith the intimation of payment to the designated authority under sub-section (2) of section 5. (5) Without prejudice to the provisions of sub-sections (2), (3) and (4), the declarant shall furnish an undertaking waiving his right, whether direct or indirect, to seek or pursue any remedy or any claim in relation to the tax arrear which may otherwise be available to him under any law for the time being in force, in equity, under statute or under any agreement entered into by India with any country or territory outside India whether for protection of investment or otherwise and the undertaking shall be made in such form and manner as may be prescribed. (6) The declaration under sub-section (1) shall be presumed never to have been made if,— (a) any material particular furnished in the declaration is found to be false at any stage; (b) the declarant violates any of the conditions referred to in this Act; (c) the declarant acts in any manner which is not in accordance with the undertaking given by him under sub-section (5), 6 ----- and in such cases, all the proceedings and claims which were withdrawn under section 4 and all the consequences under the Income-tax Act against the declarant shall be deemed to have been revived. (7) No appellate forum or arbitrator, conciliator or mediator shall proceed to decide any issue relating to the tax arrear mentioned in the declaration in respect of which an order has been made under sub-section (1) of section 5 by the designated authority or the payment of sum determined under that section. **5. Time and manner of payment.—(1) The designated authority shall, within a period of fifteen** days from the date of receipt of the declaration, by order, determine the amount payable by the declarant in accordance with the provisions of this Act and grant a certificate to the declarant containing particulars of the tax arrear and the amount payable after such determination, in such form as may be prescribed. (2) The declarant shall pay the amount determined under sub-section (1) within fifteen days of the date of receipt of the certificate and intimate the details of such payment to the designated authority in the prescribed form and thereupon the designated authority shall pass an order stating that the declarant has paid the amount. (3) Every order passed under sub-section (1), determining the amount payable under this Act, shall be conclusive as to the matters stated therein and no matter covered by such order shall be reopened in any other proceeding under the Income-tax Act or under any other law for the time being in force or under any agreement, whether for protection of investment or otherwise, entered into by India with any other country or territory outside India. _Explanation.—For the removal of doubts, it is hereby clarified that making a declaration under this_ Act shall not amount to conceding the tax position and it shall not be lawful for the income-tax authority or the declarant being a party in appeal or writ petition or special leave petition to contend that the declarant or the income-tax authority, as the case may be, has acquiesced in the decision on the disputed issue by settling the dispute. **6. Immunity from initiation of proceedings in respect of offence and imposition of penalty in** **certain cases.—Subject to the provisions of section 5, the designated authority shall not institute any** proceeding in respect of an offence; or impose or levy any penalty; or charge any interest under the Income-tax Act in respect of tax arrear. **7. No refund of amount paid.—Any amount paid in pursuance of a declaration made under section 4** shall not be refundable under any circumstances. _Explanation.—For the removal of doubts, it is hereby clarified that where the declarant had, before_ filing the declaration under sub-section (1) of section 4, paid any amount under the Income-tax Act in respect of his tax arrear which exceeds the amount payable under section 3, he shall be entitled to a refund of such excess amount, but shall not be entitled to interest on such excess amount under section 244A of the Income-tax Act. **8. No benefit, concession or immunity to declarant.—Save as otherwise expressly provided in** sub-section (3) of section 5 or section 6, nothing contained in this Act shall be construed as conferring any benefit, concession or immunity on the declarant in any proceedings other than those in relation to which the declaration has been made. **9. Act not to apply in certain cases.—The provisions of this Act shall not apply—** (a) in respect of tax arrear,— (i) relating to an assessment year in respect of which an assessment has been made under sub-section (3) of section 143 or section 144 or section 153A or section 153C of the Income-tax 7 ----- Act on the basis of search initiated under section 132 or section 132A of the Income-tax Act, if the amount of disputed tax exceeds five crore rupees; (ii) relating to an assessment year in respect of which prosecution has been instituted on or before the date of filing of declaration; (iii) relating to any undisclosed income from a source located outside India or undisclosed asset located outside India; (iv) relating to an assessment or reassessment made on the basis of information received under an agreement referred to in section 90 or section 90A of the Income-tax Act, if it relates to any tax arrear; (b) to any person in respect of whom an order of detention has been made under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) on or before the filing of declaration: Provided that— (i) such order of detention, being an order to which the provisions of section 9 or section 12A of the said Act do not apply, has not been revoked on the report of the Advisory Board under section 8 of the said Act or before the receipt of the report of the Advisory Board; or (ii) such order of detention, being an order to which the provisions of section 9 of the said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of section 9, or on the report of the Advisory Board under section 8, read with sub-section (2) of section 9, of the said Act; or (iii) such order of detention, being an order to which the provisions of section 12A of the said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the Advisory Board under section 8, read with sub-section (6) of section 12A, of the said Act; or (iv) such order of detention has not been set aside by a court of competent jurisdiction; (c) to any person in respect of whom prosecution for any offence punishable under the provisions of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Prevention of Corruption Act, 1988 (49 of 1988), the Prevention of Money Laundering Act, 2002 (15 of 2003), the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988) has been instituted on or before the filing of the declaration or such person has been convicted of any such offence punishable under any of those Acts; (d) to any person in respect of whom prosecution has been initiated by an Income-tax authority for any offence punishable under the provisions of the Indian Penal Code (45 of 1860) or for the purpose of enforcement of any civil liability under any law for the time being in force, on or before the filing of the declaration or such person has been convicted of any such offence consequent to the prosecution initiated by an Income tax authority; (e) to any person notified under section 3 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 (27 of 1992) on or before the filing of declaration. **10. Power of Board to issue directions, etc.—(1) The Central Board of Direct Taxes may, from time** to time, issue such directions or orders to the income-tax authorities, as it may deem fit: Provided that no direction or order shall be issued so as to require any designated authority to dispose of a particular case in a particular manner. 8 ----- (2) Without prejudice to the generality of the foregoing power, the said Board may, if it considers necessary or expedient so to do, for the purpose of this Act, including collection of revenue, issue from time to time, general or special orders in respect of any class of cases, setting forth directions or instructions as to the guidelines, principles or procedures to be followed by the authorities in any work relating to this Act, including collection of revenue and issue such order, if the Board is of the opinion that it is necessary in the public interest so to do. **11. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date on which the provisions of this Act come into force. (2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each House of Parliament. **12. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form in which a declaration may be made, and the manner of its verification under section 4; (b) the form and manner in which declarant shall furnish undertaking under sub-section (5) of section 4; (c) the form in which certificate shall be granted under sub-section (1) of section 5; (d) the form in which payment shall be intimated under sub-section (2) of section 5; (e) determination of disputed tax including the manner of set-off in respect of brought forward or carry forward of tax credit under section 115JAA or section 115JD of the Income-tax Act or set-off in respect of brought forward or carry forward of loss or allowance of depreciation under the provisions of the Income-tax Act; (f) the manner of calculating the amount payable under this Act; (g) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 9 -----

25-Mar-2020

05

The Central Sanskrit Universities Act, 2020

https://www.indiacode.nic.in/bitstream/123456789/14004/1/a202005.pdf

central

THE CENTRAL SANSKRIT UNIVERSITIES ACT, 2020 __________ ARRANGEMENT OF SECTIONS ________________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Establishment of Universities. 4. Effect of establishment of University. 5. Objects of University. 6. Powers of University. 7. University to be open to all caste, creed, race or class. 8. Visitor of University. 9. Officers of University. 10. Chancellor. 11. Vice-Chancellor. 12. Deans of Schools of Studies. 13. Registrar. 14. Director of Campus. 15. Finance Officer. 16. Controller of Examinations. 17. Librarian. 18. Other officers. 19. Authorities of University. 20. The Court. 21. Executive Council. 22. Academic Council. 23. Board of Studies. 24. Finance Committee. 25. Planning and Monitoring Board. 26. Other authorities of University. 27. Power to make Statutes. 28. Statutes, how to be made. 29. Power to make Ordinances. 30. Regulations. 31. Annual report. 32. Annual accounts. 33. Returns and information. 34. Conditions of service of employees, etc. 35. Procedure of appeal and arbitration in disciplinary cases against students. 36. Right to appeal. 37. Provident and pension funds. 38. Disputes as to constitution of authorities and bodies. 39. Filling of casual vacancies. 40. Proceedings of authorities or bodies not invalidated by vacancies. 41. Protection of action taken in good faith. ----- SECTIONS 42. Mode of proof of University record. 43. Power to remove difficulties. 44. Statutes, Ordinances and Regulations to be published in Official Gazette and to be laid before Parliament. 45. Transitional provisions. 46. Councils, Boards, Standing Committees and Cells of University. 47. Constitution of Committees. THE FIRST SCHEDULE. THE SECOND SCHEDULE. ----- # THE CENTRAL SANSKRIT UNIVERSITIES ACT, 2020 ACT NO. 5 OF 2020 [25th March, 2020.] # An Act to establish and incorporate Universities for teaching and research in Sanskrit, to develop all-inclusive Sanskrit promotional activities and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— **1.** **Short title and commencement.—(1) This Act may be called the Central Sanskrit** Universities Act, 2020. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, and in all Statutes made hereunder, unless the context otherwise** requires,— (a) “Academic Council” means the Academic Council of the University; (b) “academic staff” means such categories of staff as are designated as academic staff by the Statutes and Ordinances made thereunder; (c) “Board of Studies” means the Board of Studies of a Department of the University; (d) “Campus” means any unit established or constituted by the University at any place within or outside India for making arrangements for instruction, research, education and training in Sanskrit and includes an existing Campus established by the University prior to the commencement of this Act; _(e) “Chancellor” and “Vice-Chancellor” mean, respectively, the Chancellor and the Vice-_ Chancellor of the University; (f) “College” means a College recognised or affiliated or maintained by the University; (g) “corresponding University” and “deemed to be University”, in relation to the society known as— (i) the Rashtriya Sanskrit Sansthan, New Delhi, mean the Rashtriya Sanskrit Sansthan, New Delhi established in the year 1970 which has been conferred the status of deemed to be University in the year 2002; (ii) Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth, New Delhi, mean Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth, New Delhi established in the year 1962 which has been conferred the status of deemed to be University in the year 1987; (iii) the Rashtriya Sanskrit Vidyapeeth, Tirupati, mean the Rashtriya Sanskrit Vidyapeeth, Tirupati established in the year 1961 which has been conferred the status of deemed to be University in the year 1987; (h) “Court” means the Court of the University; (i) “Department” means a Department of Studies and includes a Centre of Studies; 1. 30th April, 2020, vide notification No. S.O. 1263(E), dated 17th April, 2020, see Gazette of India, Extraordinary, Part II, _sec. 3 (ii)._ ----- (j) “Director” means the Head of a Campus or of a distance education system of the University or of any other academic branch of studies as approved by the Executive Council and prescribed by the Statutes; (k) “distance education system” means the system of imparting education through any means of communication, such as broadcasting, telecasting, internet, correspondence course, seminar, contact programme, non-formal pattern or a combination of any two or more such means, except the regular system of education; (l) “employee” means any person appointed by the University on regular basis and includes teaching and non-teaching staff, but does not include an employee of any institution or college or school getting grant-in-aid to any extent whatsoever, or affiliated or recognised, by the University; (m) “Executive Council” means the Executive Council of the University; (n) “Faculty” means a faculty of the University; (o) “Hall” means a unit of residence or of corporate life, being hostel or otherwise, for the students, authorities, officers and employees of the University, or of a Campus or College or Institution or Centre or Department, maintained or authorised by the University; (p) “Institution” means an academic institution, not being a Campus or College established or maintained or affiliated or recognised by the University; (q) “Principal” means the Head of a College or School or an Institution established or maintained by the University; (r) “Regulations” means the Regulations made by any authority of the University under this Act for the time being in force; (s) “Sanskrit” means the Sanskrit language, in modern, classical or ancient form, and the knowledge available therein or related thereto, in addition to Sanskrit language; (t) “Schedule” means a Schedule appended to this Act; (u) “School” means a School recognised or affiliated or maintained by the University for secondary, primary and elementary levels or equivalent thereto; (v) “School of Studies” means a School of Studies of the University; (w) “Society” means any of the following societies registered under the Societies Registration Act, 1860 (21 of 1860), namely:— (i) the Rashtriya Sanskrit Sansthan, New Delhi (Regulation No. S/4694 of 1970-71); (ii) Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth, New Delhi (Registration No. S17454 of 1987); (iii) the Rashtriy Sanskrit Vidyapeeth, Tirupati (Registraion No. 345 of 1986); (x) “Statutes” and “Ordinances” mean, respectively, the Statutes and the Ordinances of the University for the time being in force; (y) “teachers of the University” means Professors, Associate Professors, Assistant Professors and such other persons as may be appointed for imparting instructions or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances, but does not include the teaching staff of an institution or a college or school getting grant-in-aid to any extent whatsoever, or affiliated or recognised, by ----- the University; (z) “University” means a University established and incorporated as a University under this Act. **3. Establishment of Universities.—(1) The following deemed to be Universities shall be** established as three separate Central Universities as under:— (a) the Rashtriya Sanskrit Sansthan, New Delhi, along with its campuses as specified in the First Schedule, shall be established as a body corporate under this Act by the name of “the Central Sanskrit University”, which shall have its headquarters in New Delhi; (b) Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth, New Delhi shall be established as a body corporate under this Act by the name of “Shri Lal Bahadur Shastri National Sanskrit University”, which shall have its headquarters in New Delhi; (c) the Rashtriya Sanskrit Vidyapeeth, Tirupati shall be established as a body corporate under this Act by the name of “the National Sanskrit University”, which shall have its headquarters in Tirupati. (2) The Chancellor, the Vice-Chancellor and the members of the Executive Council and of the Academic Council of each University, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the University. (3) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name. **4. Effect of establishment of University.—On and from the date of commencement of this** Act,— (a) the societies, namely, the Rashtriya Sanskrit Sansthan, New Delhi, Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth, New Delhi and the Rashtriya Sanskrit Vidyapeeth, Tirupati shall stand dissolved; (b) any reference to a society or to a deemed to be University in any law (other than this Act) or in any contract or other instrument shall be deemed as a reference to the corresponding University established and incorporated under this Act; (c) all properties, movable and immovable, of or belonging to a society or to a deemed to be University shall vest in the corresponding University established and incorporated under this Act; (d) all rights and liabilities of a society or of a deemed to be University shall be transferred to, and be the rights and liabilities of, the corresponding University established and incorporated under this Act; (e) every person employed by a society or a deemed to be University immediately before such commencement shall hold his office or service in the corresponding University established and incorporated under this Act, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as they would have held the same if this Act had not been enacted and shall continue to do so unless and until their employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Executive Council or the Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the University in accordance with the term of the contract with the ----- employee or, if no provision is made therein in this behalf, on payment to him by the University of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees: Provided further that every person employed before the commencement of this Act, pending the execution of a contract under section 34, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this Act and the Statutes: Provided also that any reference, by whatever form of words, to the Vice-Chancellor of a deemed to be University in any law for the time being in force, or in any contract or other document, shall be construed as a reference to the Vice-Chancellor of the corresponding University established and incorporated under this Act; (f) the Vice-Chancellor of a deemed to be University appointed prior to the commencement of this Act and holding office as such, shall be deemed to have been appointed as the Vice-Chancellor of the corresponding University under this Act; (g) all Colleges, Institutions, Schools of Studies, and Departments affiliated to, or admitted to the privileges of, or maintained by, the deemed to be University shall stand affiliated to, or admitted to the privilege of, or maintained by, the corresponding University established and incorporated under this Act. **5. Objects of University.—The objects of the University shall be to disseminate and advance** knowledge by providing instructional, research and extension facilities to the promotion of Sanskrit Language and such other branches of learning as it may deem fit; to make special provisions for integrated courses in humanities, social sciences and science in its educational programmes; to take appropriate measures for promoting innovations in teaching-learning process and inter-disciplinary studies and research; to educate and train manpower for the overall development, promotion, preservation and research in the field of Sanskrit and Sanskrit traditional subjects. **6. Powers of University.—(1) The University shall have the following powers, namely:—** (i) to provide for instructions in such branches of learning including Sanskrit and Sanskrit traditional subjects, as may be specified in the Statute or as may be determined by the University, from time to time, and to make provisions for research and advancement and dissemination of knowledge; (ii) to grant, subject to such condition as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on, persons on the basis of examination, evaluation or any other method of testing, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; _(iii) to organise and undertake extramural studies, training, extension services and such other_ measures for the promotion of Sanskrit education; _(iv) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;_ (v) to provide facilities of teaching and learning through the distance education system or online mode, as it may determine; (vi) to provide for education not only at University or College level leading to excellence and innovations in various branches of knowledge as may be deemed fit, but continue to provide education to schools already affiliated to the University; (vii) to provide facilities for imparting higher education in such branches of learning, including Indian Philosophy, Pali-Prakrit, Sanskrit literature, Yoga, Ayurveda and Naturopathy, as the University may determine; ----- (viii) to institute Principalships, Professorships, Associate Professorships, Assistant Professorships and other teaching or academic positions, required by the University and to appoint persons for such Principalships, Professorships, Associate Professorships, Assistant Professorships or other teaching or academic positions; (ix) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition; (x) to appoint persons working in any other University or academic institution as teachers of the University in accordance with the Statutes; (xi) to create administrative, ministerial and other posts and to make appointments thereto, on regular basis as well as engagement on short-term basis in accordance with the Statutes; (xii) to co-operate, collaborate or associate with any other University or authority or institution of higher learning, including those located outside the country, in such manner and for such purposes, as the University may determine; (xiii) to establish, maintain, affiliate, recognise Colleges, Institutions and such Centres and specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects; (xiv) to institute and award fellowships, scholarships, studentships, medals and prizes; (xv) to make provision for research and consultancy or advisory services, and for that purpose, to enter into such arrangements with other Universities, Institutions or bodies, as the University may deem necessary; _(xvi) to organise and conduct refresher courses, workshops, seminars and other programmes for_ teachers, evaluators and other academic and non-academic staff; (xvii) to appoint on contract or otherwise Visiting Professors, Emeritus Professors, Consultants, Professionals, Advocates, Counsels, Specialists and such other persons who may contribute to the advancement of the objects of the University; (xviii) to confer autonomous status on a College or an Institution or a Department, as the case may be, in accordance with the Statutes; (xix) to determine standards and eligibilities for admission to the University, which may include examination, evaluation or any other method of testing; (xx) to demand and receive payment of fees and other charges in accordance with the Statutes; (xxi) to supervise or cause to supervise the residences of the staff, faculty and students of the University and to make arrangements for promoting their health and general welfare; (xxii) to lay down conditions of service of all categories of employees, including their code of conduct; (xxiii) to regulate and enforce discipline among the students and employees of the University, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary; (xxiv) to make special arrangements in respect of women, children and persons, with disabilities as the University may consider desirable; (xxv) to accept benefactions, donations, gifts in cash or kind for furtherance of the objects of the University, and to acquire, hold and manage and to dispose of with the previous approval of the Central Government, any property, movable or immovable, including trust and endowment properties for the purposes of the University; ----- (xxvi) to borrow, with the prior approval of the Central Government, on the security of the property of the University, money for the purpose of the University; (xxvii) to establish new Campuses in India and also off-shore campus or Centre of the University with the prior permission of the Central Government as per the procedure established thereof; (xxviii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University. (2) In exercising its powers referred to in sub-section (1), it shall be the endeavour of the University to maintain an all-India character and high standards of teaching and research, and the University shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:- (i) admission of students and recruitment of faculty shall be made on all-India basis; (ii) admissions of students shall be made on merit, either through Common Entrance Tests conducted individually by the University or in combination with other Universities, or on the basis of marks obtained in the qualifying examination in such courses where the intake of students is small; (iii) inter-University mobility of faculty, with portable pensions and protection of seniority, shall be encouraged; (iv) semester system, continuous evaluation, choice-based credit system or any other ancient, traditional or modern appropriate system as may be deemed to be fit and proper shall be introduced and the University shall enter into agreements with other Universities and academic institutions for credit transfer and joint degree programmes; (v) ancient traditional teaching system including Gurukulas and Vedashalas shall be adopted in such areas and conditions as may be determined by the Executive Council. **7. University to be open to all caste, creed, race or class.—The University shall be open to all** persons of either sex and whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens, economically weaker section of the unreserved class and other special categories as stipulated by the Central Government from time to time. **8. Visitor of University.—(1) The President of India shall be the Visitor of the University.** (2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of University, Colleges, Schools and Institutions maintained by it, and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions, as he considers necessary, in respect of any of the matters dealt with in the report and the University shall abide by such action and be bound to comply with such directions. ----- (3) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, libraries, laboratories and equipment, and of any Centre, Department, School, College or Institution maintained by the University and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Centre, Department or Institution or affiliated or recognised College or School. (4) The Visitor shall, in every matter referred to in sub-section (3), give notice of his intention to cause an inspection or inquiry to be made, to the University, and the University shall have the right to make such representations to the Visitor, as it may consider necessary. (5) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3). (6) Where any inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. (7) The Visitor may, if the inspection or inquiry is made in respect of the University or any College or School or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with the such views and advice with regard to the action to be taken thereon, as the Visitor may be pleased to offer and on receipt of address made by the Visitor, the Vice-Chancellor shall communicate, to the Executive Council, the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon. (8) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. (9) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council issue such directions as he may think fit and the Executive Council shall comply with such directions. (10) Without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the University which is not in conformity with the Act, the Statutes or the Ordinances: Provided that before making any such order, the Visitor shall may call upon the Registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. (11) The Visitor shall have such other powers as may be prescribed by the Statutes. **9. Officers of University.—The following shall be the officers of the University, namely:—** (1) the Chancellor; (2) the Vice-Chancellor; (3) the Deans of School of Studies; (4) the Registrar; (5) the Finance Officer; (6) the Controller of Examinations; ----- (7) the Librarian; and (8) such other officers as may be declared by the Statutes to be the officers of the University. **10. Chancellor.--(1) The Chancellor shall be appointed by the Visitor in such manner as may be** prescribed by the Statutes. (2) The Chancellor shall, by virtue of his office, be the Head of the University and shall, if present, preside at the Convocations of the University held for conferring degrees and meetings of the Court. (3) The Chancellor shall act as an appellate authority in the cases where the Executive Council is the disciplinary authority. **11. Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Visitor in such manner** as may be prescribed by the Statutes. (2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decision of all the authorities of the University. (3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority at its next meeting the action taken by him on such matter: Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to represent against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. (4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final. (5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances. **12. Deans of School of Studies.—Every Dean of School of Studies shall be appointed in such** manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes. **13. Registrar.—(1) The Registrar shall be appointed in such manner, and on such terms and** conditions of service, as may be prescribed by the Statutes. (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University, and shall exercise such other powers and perform such other duties, as may be prescribed by the Statutes. **14. Director of Campus.—Every Director of the Campus shall be appointed in such manner and** shall exercise such powers and perform such duties as may be prescribed by the Statutes. ----- **15. Finance Officer.—The Finance Officer shall be appointed in such manner and shall exercise** such powers and perform such duties as may be prescribed by the Statutes. **16. Controller of Examinations.—The Controller of Examinations shall be appointed in such** manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes. **17. Librarian.—The Librarian shall be appointed in such manner and on such terms and conditions** of service and shall exercise such powers and perform such duties as may be prescribed by the Statutes. **18. Other officers.—The manner of appointment and powers and duties of other officers of** the University shall be as prescribed by the Statutes. **19. Authorities of University.—The following shall be the authorities of the University,** namely:— (i) the Court; (ii) the Executive Council; (iii) the Academic Council; (iv) the Board of Studies; (v) the Finance Committee; (vi) the Planning and Monitoring Board; and (vii) such other authorities as may be declared by the Statutes to be authorities of the University. **20. The Court.—(1) The Constitution of the Court and the term of office of its members shall be as** prescribed by the Statutes: Provided that such number of members, as may be prescribed by the Statutes, shall be elected from among the teachers, employees and students of the University. (2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:— (a) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for the improvement and development of the University; (b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts; (c) to advise the Visitor in respect of any matter which may be referred to it for advice; and (d) to perform such other functions as may be prescribed by the Statutes. **21. Executive Council.—(1) The Executive Council shall be the principal executive body of the** University. (2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be as prescribed by the Statutes. **22. Academic Council.—(1) The Academic Council shall be the principal academic body of the** University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, co-ordinate and exercise general supervision over the academic policies of the University. ----- (2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be as prescribed by the Statutes. **23. Board of Studies.—The constitution, powers and functions of the Board of Studies shall be** as prescribed by the Statutes. **24. Finance Committee.—The constitutions, powers and functions of the Finance Committee** shall be as prescribed by the Statutes. **25. Planning and Monitoring.--The constitution, powers and functions of the Planning and** Monitoring Board shall be as prescribed by the Statutes. **26. Other authorities of University.—The constitution, powers and functions of other** authorities, as may be declared by the Statutes to be the authorities of the University, shall be as prescribed by the Statutes. **27. Power to make Statutes.--Subject to the provisions of this Act, the Statutes may provide for all** or any of the following matters, namely:— (a) the constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time; (b) the appointment and continuance in office of the members of the said authorities and bodies, the filling of vacancies of members and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers, academic staff and other employees of the University, their emoluments and conditions of service; (e) the appointment of teachers and academic staff working in any other University or organisation or institution for a specific period for undertaking a joint project; (f) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary actions; (g) the principles governing seniority of service of the employees of the University; (h) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University; (j) the conferment of autonomous status on a College or an Institution or a Department or a School or a Centre; (k) the establishment or abolition of Campuses, Colleges, Institutions, Schools, Centres or Halls; (l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (n) the management of Colleges and Institutions established by the University; (o) the delegation of powers vested in the authorities or officers of the University; ----- (p) the maintenance of discipline among the employees and students; and (q) all other matters which by this Act are to be, or may be, provided for by the Statutes. **28. Statutes, how to be made.—(1) The First Statutes are those set out in the Second Schedule.** (2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the status, power or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for reconsideration. (4) A new Statute or a Statute amending or repealing existing Statutes shall have no validity unless it has been assented to by the Visitor. (5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act: Provided that the Visitor may, on the expiry of the said period of three years, make within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament. (6) Notwithstanding anything contained in this section, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes suitably. **29. Power to make Ordinance.—(1) Subject to the provisions of this Act and the Statutes, the** Ordinances may provide for all or any of the following matters, namely:— (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examination; (d) the award of degrees (including Honorary degrees), diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University; (f) the conditions for the award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; ----- (h) the conditions of residence of the students, classrooms, laboratories, libraries, auditoriums, playgrounds and other amenities of the University; (i) the special arrangements, if any, which may be made for the residence and teaching of women students and the prescribing of special courses of studies for them; (j) the establishment of Centres of Studies, Boards of Studies, Inter-disciplinary Studies, Special Centres, Specialised Laboratories and other Committees; _(k) the manner of co-operation and collaboration with other Universities, institutions, and_ other agencies including learned bodies or associations; (l) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (m) the institution of fellowships, scholarships, studentships, medals and prizes; (n) the setting up of machinery for redressal of grievances of employees and students; (o) all other matters which by this Act, or the Statutes, are to be, or may be, provided for by the Ordinances. (2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Executive Council and the Ordinances so made may also be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes. **30. Regulations.—The authorities of the University may make Regulations, consistent with this** Act, the Statutes and the Ordinances, for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner rescribed by the Statutes. **31. Annual report.—The annual report of the University shall be prepared under the direction of** the Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Court on or before such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report, along with its comments, if any, to the Visitor. (3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament. **32. Annual accounts.—(1) The annual accounts and balance-sheet of the University shall be** prepared under the direction of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf. (2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Court and the Visitor along with the observations of the Executive Council. (3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Visitor. (4) A copy of the annual accounts, together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament. ----- (5) The audited annual accounts after having been laid before both the Houses of Parliament shall be published in the Gazette of India. **33. Returns and information.—The University shall furnish to the Central Government such** returns or other information with respect to its property or activities as the Central Government may, from time to time, require, within such period as may be specified by the Central Government. **34. Conditions of service of employees, etc.—(1) Every employee of the University shall be** appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor. (3) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal: Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution. (4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996). (5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes. **35. Procedure of appeal and arbitration in disciplinary cases against students.—(1) Any** student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be. (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of subsections (2), (3), (4) and (5) of section 34 shall, as far as may be, apply to a reference made under this sub-section. **36. Right to appeal.—Every employee or student of the University or of a College or Institution** maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University, or, the Principal or the management of any College or an Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against. **37. Provident and pension funds. –(1) The University shall constitute for the benefits of its** employees such provident or pension fund or provide such insurance schemes and other welfare and social security measures, as it may deem fit, in such manner and subject to such conditions as may be prescribed by the Statutes. ----- (2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government provident fund. **38. Disputes as to constitution of authorities and bodies.—If any question arises as to whether** any person has been duly elected or nominated or appointed, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereupon shall be final. **39. Filing of casual vacancies.—All casual vacancies among the members (other than ex officio** members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who elects, nominates, appoints or co-opts the member whose place has become vacant and the person appointed, elected, nominated or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member. **40. Proceedings of authorities or bodies not invalidated by vacancies.—No act or proceeding** of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members. **41. Protection of action take in good faith.—No suit or other legal proceedings shall lie against** any officer or any other employee of the University for anything which is in good faith, done or intended to be done, in pursuance of any of the provisions of this Act, the Statutes or the Ordinances. **42. Mode of proof of University record.—Notwithstanding anything contained in the Indian** Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force, a copy of any receipt, application, notice, order, proceeding or resolution of any authority or other body of the University, or any other document in possession of the University or any entry in any register duly maintained by the University if certified by the Registrar, shall be received as _prima facie_ evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence. **43. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. **44. Statutes, Ordinances and Regulations to be published in Official Gazette and to be laid** **before Parliament.—(1) Every Statute, Ordinances or Regulation made under this Act shall be published** in the Official Gazette. ----- (2) Every Statute, Ordinances or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinances or Regulation or both Houses agree that the Statute, Ordinances or Regulation should not be made, the Statute, Ordinances or Regulation shall thereafter have effect only in such modified form, or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinances or Regulation. (3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statutes, Ordinances or Regulations so as to prejudicially affect the interests of any person to whom such Statutes, Ordinances or Regulations may be applicable. **45. Transitional provisions.—(1) Notwithstanding anything contained in this Act and the** Statutes,— (a) the Chancellor, Vice-Chancellor and other officers of each of the deemed to be Universities holding office immediately before the commencement of this Act, shall, on and from such commencement, continue to hold their respective offices by the same tenure and upon the same terms and conditions as they held it immediately before such commencement for the remaining period of their term; (b) the members of the Executive Council, the Academic Council, the Finance Committee, the Planning and Monitoring Board and Faculties of each of the deemed to be Universities appointed as such prior to the commencement of this Act shall, on and from such commencement, be deemed to have been appointed in the same capacity under this Act for the remaining period of their term and shall continue to exercise all the powers and perform all the functions of such authority under this Act; (c) the first Court shall consist of not more than thirty-one members who shall be nominated by the Central Government and shall hold office for a term of three years: Provided that if any vacancy occurs in the offices or authorities referred to in clauses (a) and (b) the same shall be filled by appointment by the Visitor or nomination by the Central Government, as the case may be, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred: Provided further that any _ex officio_ member appointed to any of the authorities referred to in clauses (a) and (b) prior to the commencement of this Act shall, if such appointment is not in conformity with the provisions of this Act, cease to be a member of such authority. (2) All other officers and employees of the deemed to be Universities holding office immediately before the commencement of this Act, shall, on and from such commencement, continue to hold their respective offices by the same tenure and upon the same terms and conditions as they held immediately before such commencement of this Act. (3) All students admitted in any programme or course in a deemed to be University immediately before the commencement of this Act, shall be deemed to have been migrated under same programme or course to corresponding University under the same terms and conditions as they held immediately before such commencement. ----- (4) Anything done or any action taken or any degree or other academic distinction conferred by a deemed to be University before the commencement of this Act shall, notwithstanding any change made by this Act in the constitution of the Court, the Executive Council, the Academic Council, the Finance Committee, the Planning and Monitoring Board, Faculties and other officers be valid, as if such thing was done, action taken, or degree or academic distinction conferred under this Act. (5) The Regulations, Bye-laws or Orders, if any, made prior to the commencement of this Act, shall, in so far as they pertain to matters mentioned in section 30, continue to be applicable till the Regulations, Bye-laws or Orders are made under this Act. (6) The Central Government may, without prejudice to the provisions of this Act, and if it considers it necessary and expedient so to do, by notification, take such measures, as may be necessary, for the smooth transfer of the deemed to be University to the corresponding University. **46. Councils, Boards, Standing Committees and Cells of University.—The University may** constitute such Councils, Boards, Standing Committees and Cells, in furtherance of its functions, as it may deem necessary. **47. Constitution of Committees.—Where any authority of the University is given power by this** Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit. ----- THE FIRST SCHEDULE [See section 3(1)(a)] S. No. Name of the State Name of the Campus 1. Jammu and Kashmir Shri Ranbir Campus 2. Uttar Pradesh (a) Lucknow Campus (b) Ganganath Jha Campus 3. Karnataka Shri Rajiv Gandhi Campus 4. Rajasthan Jaipur Campus 5. Odisha Shri Sadashive Campus 6. Kerala Guruvayoor Campus 7. Madhya Pradesh Bhopal Campus 8. Maharashtra K.J. Somaiya Campus 9. Himachal Pradesh Veda Vyas Campus 10. Tripura Eklavya Campus 11. Uttarakhand Shri Raghunath Kirti Campus. ----- THE SECOND SCHEDULE (See section 28) _The Statutes of the University_ **1. Chancellor.—(1) The Minister in-Charge of the Ministry of Human Resource Development** shall be the ex officio Chancellor of the Central Sanskrit University, Delhi. (2) The Chancellors of Shri Lal Bahadur Shastri National Sanskrit University, New Delhi and the National Sanskrit University, Tirupati shall be appointed by the Visitor from a panel of not less than three persons recommended by the Executive Council from amongst persons of eminence in the academic or in public life of the country: Provided that, if the Visitor does not approve of any of the persons so recommended, he may, call for fresh recommendations of different names, from the Executive Council. (3) The Chancellors of Shri Lal Bahadur Shastri National Sanskrit University, New Delhi and of the National Sanskrit University, Tirupati shall hold office for a term of five years and shall not be eligible for re-appointment: Provided that notwithstanding the expiry of his term of office, the Chancellor shall continue to hold office until his successor enters upon his office. (4) The age of the Chancellors of Shri Lal Bahadur Shastri National Sanskrit University, New Delhi and of the National Sanskrit University, Tirupati shall not be more than seventy years as on the 1st day of January in the year during which the vacancy has arisen. **2. Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Visitor from out of a** panel of three names recommended by a Committee constituted under clause (3): Provided that if the Visitor does not approve any of the persons included in the panel, he may call for a fresh panel of new names. (2) The Vice-Chancellor shall be an eminent scholar in the field of Sanskrit and allied subjects and his qualifications shall be as specified in the regulations made under the University Grants Commission Act, 1956 (3 of 1956) in this behalf. (3) The Committee referred to in clause (1) shall consist of five persons, out of whom two shall be nominated by the Executive Council and two by the Visitor, and one by the Central Government and the nominee of the Visitor shall be the convener of the Committee: Provided that none of the members of the Committee shall be an employee of the University or a College or an Institution maintained by the University or a member of any authority of the University. (4) The Vice-Chancellor shall be a whole-time salaried employee of the University. (5) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy years: Provided that the Visitor may direct any Vice-Chancellor, after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him, subject to him not exceeding seventy years of age. (6) Notwithstanding anything contained in clause (5), the Visitor may, at any time after the Vice Chancellor has entered upon his office, by order in writing, remove the Vice-Chancellor from office on grounds of incapacity, misconduct or violation of statutory provisions: ----- Provided that no such order shall be made by the Visitor unless the Vice-Chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him: Provided further that the Visitor shall consult the Chancellor also before making such order: Provided also that the Visitor may, at any time, before making such order, place the Vice Chancellor under suspension, pending enquiry. (7) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:— (i) the Vice-Chancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence; (ii) the Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Central Government from time to time: Provided that where an employee of the University, or a College or an Institution maintained by the University, or of any other University or any college or institution maintained by or admitted to the privileges of, such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor: Provided further that where such employee had been a member of any pension scheme, the University shall make necessary contribution to such scheme; (iii) the Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Central Government from time to time; (iv) the Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of January and July every year: Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service; (v) in addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate: Provided that when such commuted leave is availed of, twice the amount of half-pay leave shall be debited against half-pay leave due. (8) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill-health or any other cause, the senior-most Professor shall perform the duties of the Vice-Chancellor. **3. Powers and duties of Vice-Chancellor.—(1) The Vice-Chancellor shall be** _ex officio_ Chairman of the Executive Council, the Academic Council, the Finance Committee and Planning and Monitoring Board, and shall, in the absence of the Chancellor, preside at the Convocations held for conferring degrees and at meetings of the Court. ----- (2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body. (3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed and he shall have all the powers necessary to ensure such observance. (4) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he deems fit. (5) The Vice-Chancellor shall have all the powers to convene or cause to be convened the meetings of the Executive Council, the Academic Council, the Finance Committee and the Planning and Monitoring Board. **4. Deans of School of Studies.— (1) Every Dean of School of Studies shall be appointed by the** Vice-Chancellor from amongst the Professors in the School of Studies by rotation in the order of seniority for a period of three years: Provided that in case there is only one Professor or no Professor in a School of Studies, the Dean shall be appointed, for the time being, from amongst the Professors, if any, and the Associate Professors in the School of Studies by rotation in the order of seniority: Provided further that a Dean on attaining the age of sixty-five years shall cease to hold office as such. (2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by the senior-most Professor, as the case may be, in the School of Studies. (3) The Dean shall be the Head of the School of Studies and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School of Studies and shall have such other functions as may be prescribed by the Ordinances. (4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the School of Studies, as the case may be, but shall not have the right to vote thereat unless he is a member thereof. **5. Registrar.—(1) The Registrar shall be appointed by the Executive Council on the** recommendation of a Selection Committee constituted for the purpose and shall be whole-time salaried officer of the University. (2) The Registrar shall be appointed for a term of five years and shall be eligible for re appointment after following such procedure as may be laid down for such appointment. (3) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Central Government from time to time: Provided that the Registrar shall retire on attaining the age of sixty-two years. (4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. ----- (5) (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and other academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment: Provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him; (b) an appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a); (c) in a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon the conclusion of the inquiry, make a report to the ViceChancellor along with his recommendations: Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty. (6) The Registrar shall be _ex officio_ Secretary of the Executive Council and the Academic Council, but shall not be deemed to be member of either of these authorities and he shall be ex officio Member-Secretary of the Court and of the Planning and Monitoring Board. (7) It shall be the duty of the Registrar— (a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge; (b) to issue all notices, convening meetings of the Court, the Executive Council, the Academic Council, the Planning and Monitoring Board, and of any Committees appointed by those authorities; (c) to keep the minutes of all the meetings of the Court, the Executive Council, the Academic Council, the Planning and Monitoring Board and of any Committees appointed by those authorities; (d) to conduct the official correspondence of the Court, the Executive Council, the Academic Council and the Planning and Monitoring Board; (e) to supply to Visitor, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and of the minutes of such meetings; (f) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and (g) to perform such other duties as may be specified in the Statutes, the Ordinances, the Regulations or as may be required from time to time by the Executive Council or the ViceChancellor. **6. Finance Officer.—(1) The Finance Officer shall be appointed by the Executive Council on the** recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) The Finance Officer shall be appointed for a term of five years and shall be eligible for re appointment after following such procedure as may be laid down for such appointment. (3) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Central Government from time to time: ----- Provided that, the Finance Officer shall retire on attaining the age of sixty-two years. (4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The Finance Officer shall be ex officio Member—Secretary of the Finance Committee. (6) The Finance Officer shall— (a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and (b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances. (7) Subject to the control of the Executive Council, the Finance Officer shall— (a) hold and manage the property and investments of the University including trust and endowed property; (b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted; (c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council; (d) keep a constant watch on the state of the cash and bank balances and on the state of investments; (e) watch the progress of the collection of revenues and advise on the methods of collection employed; (f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Departments, Centres and Specialised Laboratories; (g) bring to the notice of the Vice-Chancellor un-authorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and (h) call for, from any office, Department, Centre, Laboratory, College, School of Studies or Institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties. (8) Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money. **7. Controller of Examinations.—(1) The Controller of Examinations shall be appointed by the** Executive Council on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) The Controller of Examinations shall be appointed for a term of five years and shall be eligible for re-appointment after following such procedure as may be laid down for such appointment. (3) The emoluments and other terms and conditions of service of the Controller of Examinations shall be such as may be prescribed by the Central Government from time to time: ----- Provided that the Controller of Examinations shall retire on attaining the age of sixty-two years. (4) When the office of the Controller of Examinations is vacant or when the Controller of Examinations is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The Controller of Examinations shall arrange for and superintend the examinations of the University in the manner prescribed by the Ordinances. **8. Librarian.—(1) The Librarian shall be appointed by the Executive Council on the** recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council. **9. Director of the Campus.—(1) The Director of a Campus shall be the senior-most Professor** and appointed by the Vice-Chancellor of the University on such terms and conditions as may be prescribed by the Ordinances. (2) The Director of the Campus shall exercise such powers and perform duties as may be assigned to him by the Vice-Chancellor. **10. Meetings of Court.—(1) An annual meeting of the Court shall be held on a date to be fixed** by the Executive Council unless some other date has been fixed by the Court in respect of any year. (2) At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance-sheet as audited, and financial estimates for the next year shall be presented. (3) A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2) shall be sent to every member of the Court at least seven days before the date of the annual meeting. (4) Special meetings of the Court may be convened by the Executive Council or the Vice Chancellor or if there is no Vice-Chancellor, by the Registrar. (5) Eleven members of the Court shall form a quorum for a meeting of the Court. **11. Executive Council.—(1) The Executive Council shall consist of the following persons,** namely:— (a) Vice-Chancellor shall be the Chairperson; (b) two Deans of the School of Studies by rotation according to the seniority; (c) one Professor, other than a Dean by rotation according to seniority; (d) one Associate Professor by rotation according to seniority; (e) two members of the Court, none of whom shall be an employee of the University or a college or an institution affiliated to or recognised by the University; (f) one representative from the University Grants Commission; (g) three eminent academics nominated by the Visitor; ----- (h) two eminent academics in the field of Sanskrit and allied subjects to be nominated by the Central Government on the recommendations of the Vice-Chancellor; (i) Joint Secretary in the Ministry of Human Resources Development looking after the University; (j) the Registrar of the University shall be the Secretary of the Executive Council. (2) All the members of the Executive Council, other than ex officio members shall hold office for a term of three years. (3) Seven members of the Executive Council shall form a quorum for a meeting of the Executive Council and it shall meet at least thrice in a year. **12. Powers and functions of Executive Council.—(1) The Executive Council shall have power** of management and administration of the revenues and property of the University and the conduct of all administrative affairs of the University not otherwise provided for. (2) Subject to the provisions of this Act, the Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely:— (i) to create teaching and other academic posts including Chairs, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Associate Professors, Assistant Professors and other academic staff: Provided that no action shall be taken by the Executive Council in respect of the number and qualifications of teachers and other academic staff otherwise than after consideration of the recommendations of the Academic Council; (ii) to appoint such Professors, Associate Professors, Assistant Professors and other academic staff including Chairs, as may be necessary, on the recommendation of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein; (iii) to promote inter-facial research by making joint appointments of teaching staff in different Schools, Departments and Centres; (iv) to create administrative, ministerial and other necessary posts and to define their duties and conditions of their service and to make appointments thereto in the manner prescribed by the Ordinances; (v) to grant leave of absence to any officer of the University other than the Chancellor and the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence; (vi) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances; (vii) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents as it may think fit; (viii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendation of the Finance Committee; (ix) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities, from time to time, as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time; ----- (x) to transfer or accept transfers of any movable or immovable property on behalf of the University; (xi) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University; (xii) to enter into, vary, carry out and cancel contracts on behalf of the University; (xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the University who may, for any reason, feel aggrieved; (xiv) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council; (xv) to select a common seal for the University and provide for the use of such seal; (xvi) to make such special arrangements as may be necessary for the residence of women students; (xvii) to institute fellowships, scholarships, studentships, medals and prizes; (xviii) to provide for the appointment of Visiting Professors, Emeritus Professors, Consultants and Scholars and determine the terms and conditions of such appointments; (xix) to approve the award of degrees and diplomas based on the results of the examinations and tests to confer, grant of award of degrees, diplomas, certificates and other academic titles and distinctions; (xx) to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities funded or based on any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and pay out of the funds of the University, all expenses, incidental to the raising of money and to repay and redeem any money borrowed; (xxi) to enter into partnership with industry and non-government agencies for the advancement of knowledge and establish a corpus of funds out of the profits of such partnership; and (xxii) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the Statutes. **13. Academic Council.—(1) The Academic Council shall consist of the following persons,** namely:— (a) the Vice-Chancellor shall be the Chairperson; (b) Deans of School of Studies; (c) Head of Departments and Director of Centres; (d) two Professors other than Heads of Departments; according to seniority to be nominated by the Vice-Chancellor; (e) two Teachers of the University, at least one of whom shall be an Associate Professor, by rotation according to seniority, to be nominated by the Vice-Chancellor; (f) one member, other than those referred to in items (b),(c), (d) and (e) from each Schools of studies, centres; ----- (g) three persons, not being employees of the University to be nominated by the Vice Chancellor on the recommendations of the Academic Council for their special knowledge; (h) two members of the Court, none of whom shall be an employee of the University or a College or an Institution affiliated to or recognised by the University. (2) The Registrar of the University shall be the Secretary of the Academic Council. (3) All the members of the Academic Council, other than ex officio members shall hold office for a term of three years and they shall be eligible for re-appointment after a cooling off period of at least two years. (4) Half of the sanctioned strength of the Academic Council shall form a quorum for a meeting of the Academic Council. **14. Powers and functions of Academic Council.—Subject to the provisions of this Act, the** Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:— (a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-ordination of teaching among the Colleges and the Institutions, evaluation of research and improvement of academic standards; (b) to bring about and promote inter-School co-ordination and to establish or appoint such Committees or Boards as may be deemed necessary for the purpose; (c) to consider matters of general academic interest either on its own initiative, or on a reference by a School or the Executive Council, and to take appropriate action thereon; (d) to frame such Regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residence, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance; (e) to prescribe courses of study leading to degrees and diplomas of the University; and (f) to make recommendations to the Executive Council on the following matters: (i) measures for improvement of standards of teaching, training and research; (ii) institution of Fellowships, Travelling Fellowships, Scholarships, Medals and Prizes; (iii) to recommend about the establishment or abolition of Centres or Departments. **15. Planning and Monitoring Board.—(1) The Planning and Monitoring Board shall consist of** the following persons, namely:— (i) the Vice-Chancellor shall be the Chairperson; (ii) three internal members, to be nominated by the Executive Council; (iii) three eminent educationists having special knowledge of the University planning, to be appointed by the Executive Council; (iv) the Finance Officer; (v) the Registrar who shall be Member-Secretary. (2) The term of the members of the Planning and Monitoring Board, excluding _ex officio_ members, shall be three years and they shall be eligible for re-appointment. (3) The quorum for the meeting of the Planning and Monitoring Board shall be five. ----- (4) The Planning and Monitoring Board shall meet at least twice a year. **16. Powers and functions of the Planning and Monitoring Board.—(1) The Planning and** Monitoring Board, subject to the supervision of the Executive Council, shall— (i) be responsible for overall perspective planning and development of the University in consonance with its objective; (ii) determine the area of excellence of the University and identify the thrust areas for research; (iii) examine, rationalise, coordinate the proposals of development received from various Faculties and Departments to be submitted to the Executive Council and the Academic Council for their consideration and approval; (iv) monitor the implementation of the approved plan of the University; (v) submit to the Academic Council and the Executive Council plans for disciplines and courses of study; (vi) propose to the Academic Council and the Faculty, measures regarding the restructuring of courses and introduction of inter-disciplinary interaction amongst the Departments of Studies; (vii) perform such other functions and exercise such other powers as may be assigned or delegated to it by the Executive Council. (2) In case of difference of opinion between the Planning and Monitoring Board and the Academic Council in regard to the academic planning, the matter shall be referred to the Executive Council whose decision thereon shall be final. (3) The Planning and Monitoring Board shall, under its overall supervision, establish a planning cell to achieve its objectives and appoint as many Committees as it deems necessary for such purpose: Provided that two-third members of such Committee shall be from amongst the teachers of the University. **17. Schools of Studies and Departments.—(1) The University shall have such Schools of** Studies as may be specified in the Statutes. (2) Every School of studies shall have a School Board and the members of the first School Board shall be nominated by the Executive Council for a period of three years. (3) The composition, powers and functions of a School Board shall be prescribed by the Ordinances. (4) The conduct of the meetings of a School Board and the quorum required for such meetings shall be prescribed by the Ordinances. (5) (a) Every School shall consist of such Departments as may be assigned to it by the Ordinances: Provided that the Executive Council may, on the recommendation of the Academic Council, establish Centres of Studies to which may be assigned such teachers of the University as the Executive Council may consider necessary. (b) Each Department shall consist of the following members, namely:— (i) teachers of the Department; ----- (ii) persons conducting research in the Department; (iii) Dean of the School; (iv) Honorary Professors, if any, attached to the Department; and (v) such other persons as may be members of the Department in accordance with the provisions of the Ordinances. **18. Board of Studies.—(1) Each Department shall have a Board of Studies.** (2) The constitution of the Board of Studies and the term of office of its members shall be prescribed by the Ordinances. (3) Subject to the overall control and supervision of the Academic Council, the functions of a Board of Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances— (a) courses of studies and appointment of examiners for courses, but excluding research degrees; (b) appointment of supervisors for research; and (c) measures for the improvement of the standard of teaching and research: Provided that the above functions of a Board of Studies shall, during the period of three years immediately after the commencement of this Act, be performed by the Department. **19. Finance Committee.—(1) The Finance Committee shall consist of the following members,** namely:— (i) the Vice-Chancellor; (ii) one person to be nominated by the Court; (iii) three persons to be nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council; (iv) one representative of Ministry of Human Resource Development; (v) Finance Officer shall be the Member—Secretary. (2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee. (3) All the members of the Finance Committee, other than _ex officio members, shall hold office_ for a term of three years. (4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee. (5) The Finance Committee shall meet at least twice every year to examine the accounts and to scrutinise proposals for expenditure. (6) All proposals relating to creation of posts, and those items which have not been included in the budget, shall be examined by the Finance Committee before they are considered by the Executive Council. ----- (7) The annual accounts and the financial estimates of the University prepared by Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval. (8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans). **20. Selection Committees.—(1) There shall be Selection Committees for making** recommendations to the Executive Council for appointment to the posts of Professor, Associate Professor, Assistant Professor, Registrar, Finance Officer, Controller of Examinations, Librarian and Principals of Colleges and Institutions maintained by the University. (2) (a) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of the Vice-Chancellor, a nominee of the Central Government and the persons specified in the corresponding entry in column 2 of the said Table: TABLE **1** **2** Professor (i) The Dean of the School of Studies. (ii) The Head of the Department, if he is a Professor. (iii) Three persons not in the service of the University, nominated by the Vice-Chancellor, out of a panel of names approved by the Executive Council and recommended by the Academic Council for their special knowledge of, or interest in, the subject with which the Professor will be concerned. (i) The Dean of the School of Studies. Associate Professor/Assistant Professor (ii) Head of the Department, if he is a Professor. (iii) One Professor nominated by the Vice-Chancellor. (iv) Two persons not in the service of the University, nominated by the Vice-Chancellor, out of a panel of names approved by the Executive Council and recommended by the Academic Council for their special knowledge of, or interest in, the subject with which the Associate Professor or Assistant Professor will be concerned. (i) Two members of the Executive Council nominated by Registrar/Finance Officer/Controller of it. Examinations (ii) One person not in the service of the University nominated by the Executive Council. (i) Two persons not in the service of the University who Librarian have special knowledge of the subject of the Library Science or Library Administration nominated by the Executive Council. (ii) One person not in the service of the University nominated by the Executive Council. (b) There shall be a Selection Committee for making recommendations to the Vice-Chancellor for appointments of employees, consultants, retainers and other non-academic posts; and the Selection Committee for appointment to the post specified in column 1 of the Table below shall consist of the persons mentioned in column 2, namely:— ----- TABLE **1** **2** Group A, B and C non-teaching staff A Committee of three to five members comprising of one to three senior officers and teachers of the University to be nominated by the Vice-Chancellor and two external members with expertise in the relevant field to be nominated by the Executive Council. Note 1.—Where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the Head of the Department concerned. Note 2.—The Professor to be nominated by the Vice-Chancellor shall be a Professor concerned with the speciality for which the selection is being made and the Vice-Chancellor shall consult the Head of the Department and the Dean of School of Studies before nominating the Professor. (3) The Vice-Chancellor, or in his absence, the senior-most Professor, shall convene and preside at the meeting of the Selection Committee: Provided that the proceedings of the Selection Committee shall not be valid unless,— (a) where the number of Central Government nominee and the persons nominated by the Executive Council is four in all, at least three of them attend the meeting; and (b) where the number of Central Government nominee and the persons nominated by the Executive Council is three in all, at least two of them attend the meeting. (4) The procedure to be followed by the Selection Committee shall be laid down in the Ordinances. (5) If the Executive Council is unable to accept the recommendations made by the Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders. (6) Appointments to temporary posts shall be made in the manner indicated below:— (i) if the temporary vacancy is for duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses: Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months; (ii) if the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Director of Campuses or Dean of School of Studies concerned, the Head of the Department and a nominee of the Vice-Chancellor: Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor: Provided further that in the case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment; (iii) no teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under the Statutes, be continued in service on such temporary ----- employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be. **21. Special mode of appointment.—(1) Notwithstanding anything contained in Statute 20, the** Executive Council may invite a person of high academic distinction and professional to accept a post of Professor or Associate Professor or any other equivalent academic post in the University on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post: Provided that the Executive Council may also create supernumerary post for a specified period for appointment of such persons: Provided further that, the number of supernumerary posts so created, shall not exceed five per cent. of the total posts in the University. (2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the Ordinances. **22. Appointment for Tenure fixed.—The Executive Council may appoint a person selected in** accordance with the procedure laid down in Statute 20 for a fixed tenure on such terms and conditions as it deems fit. **23. Committees.—(1) An authority of the University may appoint as many standing Committees,** as it may deem fit, and may appoint to such Committees persons who are not members of such authority. (2) A Committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it. **24. Terms and conditions of service and code of conduct of teachers, etc.—(1) All the teachers** and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. (2) The emoluments of members of the academic staff shall be such as may be prescribed by the Ordinances. (3) Every teacher and member of the academic staff of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances. (4) A copy of every contract referred to in clause (3) shall be deposited with the Registrar. **25. Terms and conditions of service and code of conduct of other employees.—(1) All the** employees of the University, other than the teachers and other academic staff shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. (2) The manner of appointment and emoluments of employees, other than the teachers and other academic staff, shall be such as may be prescribed by the Ordinances. **26. Seniority list.—(1) Whenever, in accordance with the Statutes, any person is to hold an office** or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the Executive Council may, from time to time, prescribe. ----- (2) It shall be the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1). (3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion, and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final. **27. Removal of employees of University.—(1) Where there is an allegation of misconduct** against a teacher, a member of the academic staff or other employee of the University, the ViceChancellor, in the case of teacher or a member of the academic staff and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made: Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order. (2) Notwithstanding anything contained in the terms of the contract of appointment or of any other provisions in the terms and conditions of service of the employees, the Executive Council in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of misconduct. (3) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months' notice or on payment of three months' salary in lieu thereof. (4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (5) The removal of a teacher, member of the academic staff or any other regular appointed employee shall require a two-thirds majority of the members of the Executive Council present and voting and it shall take effect from the date on which the order of removal is made: Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension. (6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or any other employee may resign— (a) if he is permanent employee, only after giving three months' notice in writing to the Executive Council or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof; (b) if he is not a permanent employee, only after given one month's notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one month's salary in lieu thereof: Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Executive Council or the appointing authority, as the case may be. ----- **28. Honorary degrees.—(1) The Executive Council may, on the recommendation of the** Academic Council by a resolution passed by a majority of not less than two-thirds of the members to the Visitor for the conferment of honorary degrees: Provided that in case of emergency, the Executive Council may, on its own motion, make such proposals. (2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University. **29. Withdrawal of degrees, etc.—The Executive Council may, by a special resolution passed by** a majority of not less than two-thirds of the members present and voting, withdraw a degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause: Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice as to why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council. **30. Maintenance of discipline amongst students of University.—(1) All powers relating to the** maintenance of discipline and disciplinary action in relation to the students of the University shall vest in the Vice-Chancellor. (2) There shall be a Proctor of the University to assist the Vice-Chancellor in the exercise of the powers referred to in clause (1), who shall be appointed by Executive Council from amongst the Professors and Associate Professors in the manner prescribed by the Ordinances. (3) The Vice-Chancellor may delegate all or any of the powers referred to in clause (1), as he deems proper, to the Proctor and to such other officers as he may specify in this behalf. (4) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the ViceChancellor may, in exercise of such powers, by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted to a course or courses of study in a College, Institution or Department or a School of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or Department or a School for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be withheld or cancelled. (5) The Directors of Campuses, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Campuses, Institutions, Schools of Studies and teaching Departments in the University, as may be necessary, for the proper conduct of such Colleges, Campuses, Institutions, Schools of Studies and teaching Departments. (6) Without prejudice to the powers of the Vice-Chancellor and the Principals and other persons specified in clause (5), detailed rules of discipline and proper conduct shall be made by the University and the Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University may also make such supplementary rules as they deem necessary for the purposes stated therein. ----- (7) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University. **31. Convocations.—Convocations of the University for the conferring of degrees or for other** purposes shall be held in such manner as may be prescribed by the Ordinances. **32. Acting Chairman of meetings.—Where no provision is made for a President or Chairman to** preside over a meeting of any authority of the University or any Committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting. **33. Resignation.—Any member, other than an** _ex officio_ member of the Court, the Executive Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar. **34. Disqualification.—(1) A person shall be disqualified for being chosen as, and for being, a** member of any of the authorities, or for being appointed as, and for being, an officer, of the University if— (i) he is of unsound mind; or (ii) he is an undischarged insolvent; or (iii) he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months. (2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision. **35. Residence condition for membership and office.—Notwithstanding anything contained in** the Statutes, a person who is not ordinarily resident in India shall not be eligible to be an officer of the University or a member of any authority of the University. **36. Membership of authorities by virtue of membership of other bodies.—Notwithstanding** anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be. **37. Alumni Association.—(1) There shall be an Alumni Association for the University.** (2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances. (3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of election and is a degree holder of the University of at least five years standing: Provided that the condition relating to the completion of one year's membership shall not apply in the case of the first election. ----- **38. Students’ Council.—(1) There shall be constituted in the University, a Students’ Council for** every academic year, consisting of— (i) the Dean of Students’ Welfare who shall be the Chairman of the Students’ Council; (ii) twenty students to be nominated by the Academic Council on the basis of merit in studies, sports and extra-curricular activities; and (iii) twenty students to be elected by the students as their representatives: Provided that any student of the University shall have the right to bring up any matter concerning the University before the Students’ Council, if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration. (2) The functions of the Students’ Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students' welfare and other matters of importance, in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion. (3) The Students’ Council shall meet at least twice in every academic year and the first meeting of the Council be held in the beginning of the academic session. **39. Ordinances how to be made.—(1) The first Ordinances made under sub-section (2) of** section 29 may be amended, repealed or added to at any time by the Executive Council in the manner specified in the following clauses. (2) No Ordinance in respect of the matters enumerated in sub-section (1) of section 29 shall be made by the Executive Council unless a draft of such Ordinance has been proposed by the Academic Council. (3) The Executive Council shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest. (4) Where the Executive Council has rejected or returned the draft of an Ordinances proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final. (5) Every Ordinances made by the Executive Council shall come into effect immediately. (6) Every Ordinances made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption. (7) The Visitor shall have the power to direct the University to suspend the operation of any Ordinances. (8) The Visitor shall inform the Executive Council about his objection to the Ordinances referred to in clause (7) and may, after receiving the comments of the University, either withdraw the order suspending the Ordinances or disallow the Ordinances, and his decision shall be final. ----- **40. Regulations.—(1) The authorities of the University may make Regulations consistent with** this Act, the Statutes and the Ordinances for the following matters, namely:— (i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; (ii) providing for all matters which are required by this Act, the Statutes or the Ordinances to be prescribed by Regulations; and (iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by this Act, the Statutes or the Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Executive Council may direct the amendment in such manner as it may specify of any Regulation made under the Statutes or the annulment of any such Regulation. **41. Establishment of campuses in India and outside India.—(1) The establishment of** Campuses and the abolition thereof shall be governed by the Statutes provided the same have received the assent of the Visitor. (2) The procedures to be followed for establishment and abolition of Campuses shall be as prescribed in the Ordinances. **42. Distance education system.—(1) Subject to the provisions of the Act and the Statutes, the** University shall have a distance education system as prescribed in the Ordinance. (2) The composition, powers and functions of the Distance Education System shall be as prescribed in the Ordinances. **43. Delegation of Powers.—Subject to the provisions of this Act and the Statutes, any officer or** authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the power so delegated shall continue to vest in the officer or authority delegating such powers. **44. Correspondence with the Visitor.—All the correspondences with the Visitor by the** University or its authorities or officers shall be routed through the Central Government. -----

31-Jul-2020

20

The Marine Aids to Navigation Act, 2021.

https://www.indiacode.nic.in/bitstream/123456789/17202/1/A2021-20.pdf

central

# THE MARINE AIDS TO NAVIGATION ACT, 2021 ______________ ARRANGEMENT OF SECTIONS ______________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II DESIGNATION OF GENERAL AID TO NAVIGATION 3. Power to designate general aid to navigation. CHAPTER III DIRECTOR GENERAL OF AIDS TO NAVIGATION 4. Appointment of Director General, Deputy Director Generals and Directors. 5. Duties of Director General. 6. Central Advisory Committee. 7. Proceedings of Central Advisory Committee not to be invalidated. CHAPTER IV MANAGEMENT OF GENERAL AIDS TO NAVIGATION 8. Management of general aids to navigation. 9. Powers of Central Government relating to aids to navigation. CHAPTER V MANAGEMENT OF VESSEL TRAFFIC SERVICES 10.Management of vessel traffic services. 11.Powers of Central Government relating to vessel traffic services. 12.Competent Authority for Vessel Traffic Services. 13.Standards for establishment and operation of vessel traffic services. CHAPTER VI INSPECTION AND MANAGEMENT OF LOCAL AIDS TO NAVIGATION 14.Power to inspect local aids to navigation. 15.Control of local aids to navigation by Central Government 16.Management of local aids to navigation by Central Government. 1 ----- SECTIONS CHAPTER VII OBSTRUCTION TO FUNCTIONING OF AIDS TO NAVIGATION 17.Power of Central Government to remove or alter obstructions to aids to navigation. CHAPTER VIII TRAINING AND CERTIFICATION 18.Power of Central Government to train and certify operators of aids to navigation and vessel traffic services. 19.Certification. 20.Accreditation of training organisations. CHAPTER IX MARKING OF WRECKS 21.Marking of wrecks. 22.Reimbursement for marking wrecks. CHAPTER X DEVELOPMENT OF HERITAGE LIGHTHOUSES 23.Power of Central Government to designate any aid to navigation as heritage lighthouse. CHAPTER XI MARINE AIDS TO NAVIGATION DUES 24.Levy and collection of marine aids to navigation dues. 25.Utilisation of marine aids to navigation dues. 26.Receipts relating to marine aids to navigation dues and their verification. 27.Assessment of marine aids to navigation dues and ascertainment of tonnage. 28.Recovery of marine aids to navigation dues. 29.Refusal of port clearance. 30.Determination of disputes as to liability for payment. 31.Marine aids to navigation dues payable at one port recoverable at another. 32.Exemption. 33.Refund of excess payments. 34.Fees. CHAPTER XII FINANCE, ACCOUNTS AND AUDIT 35.Receipt and expenditure. 36.Annual report. 2 ----- SECTIONS CHAPTER XIII OFFENCES AND PENALTIES 37.Intentionally obstructing aids to navigation or vessel traffic services. 38.Negligently obstructing aids to navigation or vessel traffic services. 39.Intentionally destroying or damaging aids to navigation or vessel traffic services. 40.Negligently destroying or damaging aids to navigation or vessel traffic services. 41.Causing damage to heritage lighthouse. 42.Evading payment of marine aids to navigation dues. 43.Noncompliance with directions of vessel traffic service provider. 44.Cognizance of offences. 45.Place of trial and jurisdiction of court. CHAPTER XIV MISCELLANEOUS 46.Power of Central Government to make rules. 47.Delegation of powers by Central Government. 48.Power of Central Government to issue directions. 49.Protection of action taken in good faith. 50.Power to remove difficulties. 51.Laying of rules and notifications before Parliament. 52.Repeal and savings. 3 ----- # THE MARINE AIDS TO NAVIGATION ACT, 2021 ACT NO. 20 OF 2021 [31[st] July, 2021.] # An Act to provide for the development, maintenance and management of aids to navigation in India; for training and certification of operator of aids to navigation, development of its historical, educational and cultural value; to ensure compliance with the obligation under the maritime treaties and international instruments to which India is a party and for matters connected therewith or incidental thereto. WHEREAS India is signatory to maritime treaties and international instruments such as International Convention for the Safety of Life at Sea, 1974, as amended; and International Association of Marine Aids and Lighthouse Authorities Maritime Buoyage System; AND WHEREAS it is considered necessary to give effect to the said treaties and instruments which, _inter alia, provide for aids to navigation, vessel traffic services and marking of wrecks;_ AND WHEREAS it is necessary to provide for and create a framework for the development, maintenance and management of vessel traffic services in India; training and certification of operators of aids to navigation; and the development of the historical educational and cultural value of aids to navigation; AND WHEREAS it is further necessary to create a framework for the levy and collection of marine aids to navigation dues to discharge the sovereign functions of development, maintenance and management of aids to navigation and vessel traffic services in India by Government, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Marine Aids to** Navigation Act, 2021. (2) It extends to the whole of India including the maritime zones of India as specified in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976). (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 1. 31[ST] March, 2022, vide notification No. S.O.1202(E), dated 17[th] March, 2022, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 4 ----- **2. Definitions.— (1) In this Act, unless the context otherwise requires,—** (a) “accredited training organisation” means any organisation which is accredited by the Central Government under section 20 ; (b) “aid to navigation” means a device, system or service, external to vessels, designed and operated to enhance safe and efficient navigation of individual vessels and vessel traffic, but shall not be construed to include a reference to vessel traffic services, unless otherwise specified; (c) “Director General” means the Director General of Aids to Navigation appointed under section 4; (d) “district” means an area demarcated as a district for the purposes of this Act under sub-section (1) of section 4; (e) “general aid to navigation” means any aid to navigation, which the Central Government may, by notification in the Official Gazette, declare to be a general aid to navigation for the purposes of this Act; (f) “heritage lighthouse” means an aid to navigation designated as such under section 23; (g) “local aid to navigation” means any aid to navigation which is not a general aid to navigation; (h) “local authority” means a State Government or other person having superintendence and management over a local aid to navigation; (i) “marine aids to navigation dues” means the dues levied under section 24; _(j) “notification” means a notification published in the Official Gazette of India and the expression_ “notify” with its grammatical variation and cognate expressions shall be construed accordingly; (k) “owner” means the owner of a vessel including its registered owner, a person to whom a share in the vessel belongs, bareboat charterer, manager and operator of the vessel; (l) “port” means any port as defined in the Indian Ports Act, 1908 (15 of 1908); (m) “prescribed” means prescribed by rules made under this Act; (n) “proper officer” in relation to any functions to be performed under this Act, means the officer of customs who is assigned those functions by the Central Board of Indirect Taxes and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963), and includes any person appointed by the Central Government to discharge the functions of a proper officer under this Act; (o) “rule” means rules made by the Central Government under this Act; (p) “ship” includes a sailing vessel; (q) “vessel” includes every description of water craft used or capable of being used in the marine environment, such as ship, boat, sailing vessel, fishing vessel, submersible, semi-submersible, hydrofoils, non-displacement crafts, amphibious crafts, wing-in-ground crafts, pleasure crafts, barges, lighters, mobile offshore drilling units or mobile offshore units; (r) “vessel traffic service” means a service implemented under this Act to improve the safety and efficiency of vessel traffic and to protect the environment (2) Words and expressions used but not defined in this Act, and defined in the Merchant Shipping Act, 1958 (44 of 1958), shall have the same meanings respectively assigned to them in that Act. 5 ----- CHAPTER II DESIGNATION OF GENERAL AID TO NAVIGATION **3. Power to designate general aid to navigation.— The Central Government may, by notification in** the Official Gazette, designate any aid to navigation to be a general aid to navigation. CHAPTER III DIRECTOR GENERAL OF AIDS TO NAVIGATION **4. Appointment of Director General, Deputy Director Generals and Directors.— (1) The Central** Government shall, by notification in the Official Gazette, appoint,— (a) the Director General; (b) Deputy Director Generals; and (c) Directors for districts. (2) For the purposes of sub-section (1), the Central Government may demarcate such areas to be districts. (3) Every officer appointed under sub-section (1) shall discharge his functions under the general superintendence and control of the Director General. **5.** **Duties of Director General.— The Director General shall advise the Central Government on** matters relating to aids to navigation and perform such other duties as may be prescribed by the Central Government under this Act or in any other law for the time being in force. **6. Central Advisory Committee.— (1) The Central Government shall, by notification in the Official** Gazette, appoint a Central Advisory Committee. (2) The Central Government shall consult the Central Advisory Committee in regard to— (a) the establishment or position of aids to navigation or of any works appertaining thereto; or (b) additions to or the alteration or removal of, any aid to navigation; or (c) variations to any aid to navigation or of the mode of use thereof; or (d) the cost of any proposal relating to aids to navigation; or (e) appointment of any sub-committee under sub-section (3); or (f) the making or alteration of any rules or rates of marine aids to navigation dues under this Act. (3) The Central Government may, if it deems necessary, appoint sub-committees for the purposes of advising it in regard to any of the matters specified under this Act. (4) The Central Advisory Committee and the sub-committees referred to in sub-section (3) shall consist of such persons representing the interests affected by this Act or having special knowledge of the subject matter thereof. (5) The procedure and conduct of business of the Central Advisory Committee and the sub-committees referred to in sub-section (3) shall be such as may be prescribed. 7. Proceedings of Central Advisory Committee not to be invalidated.— No act or proceeding of the Central Advisory Committee shall be invalidated merely by reason of— (a) any vacancy in, or any defect in its constitution; or (b) any defect in appointment of a person acting as its member; or 6 ----- (c) any irregularity in its procedure not affecting the merits of the case. CHAPTER IV MANAGEMENT OF GENERAL AIDS TO NAVIGATION **8. Management of general aids to navigation.— The development, maintenance and management of** all general aids to navigation shall be vested in the Central Government. **9. Powers of Central Government relating to aids to navigation.— (1) The Central Government,** shall have the following powers relating to the development, maintenance and management of general aids to navigation, namely:— (a) establish and maintain aids to navigation; (b) add to, alter or remove any aid to navigation; (c) alter or vary any aid to navigation; _(d) authorise to inspect any aid to navigation which may affect the safety of navigation;_ (e) authorise to enter any property, whether public or private, for the purposes of inspection of any aid to navigation; (f) transport, or cause to be transported, any goods through any property, whether public or private, for any purpose in connection with— (i) the maintenance of an aid to navigation; or (ii) the establishment of any aid to navigation; (g) acquire any land as may be necessary for the purposes of this Act— (i) to exercise its powers; or (ii) for the maintenance of works. (2) The Central Government shall, for the purposes of exercising its powers under sub-section (1), authorise any of the officers referred to in sub-section (1) of section 4, by general or special order in writing. CHAPTER V MANAGEMENT OF VESSEL TRAFFIC SERVICES **10. Management of vessel traffic services.— (1) The development, maintenance and management of** vessel traffic services shall be vested in the Central Government. (2) For the purposes of sub-section (1), the Central Government may, by order, authorise any person as vessel traffic service provider. **11. Powers of Central Government relating to vessel traffic services.— The Central Government,** shall have the following powers relating to the development, maintenance and management of vessel traffic services, namely:— (a) declare and authorise vessel traffic service provider to operate a vessel traffic service within an authorised area; (b) accredit and approve vessel traffic service training and certification; (c) establish and operate vessel traffic services, where it deems necessary; (d) add to or alter or require any person to add to or alter any aspect of a vessel traffic service. 7 ----- **12. Competent Authority for Vessel Traffic Services.—(1) The Central Government shall, for the** purposes of exercising its powers under section 11, appoint a Competent Authority for Vessel Traffic Services by notification in the Official Gazette. (2) The manner of appointment of the Competent Authority shall be such as may be prescribed. (3) The Competent Authority shall discharge such functions in such manner, as may be prescribed. **13. Standards for establishment and operation of vessel traffic services.—** The standards for establishing and operating vessel traffic services in India shall be such, as may be prescribed. CHAPTER VI INSPECTION AND MANAGEMENT OF LOCAL AIDS TO NAVIGATION **14. Power to inspect local aids to navigation.—** (1) The Central Government may authorise any officer referred to in sub-section (1) of section 4 in writing, to enter upon at any time and inspect any local aid to navigation and make such inquiries in respect thereof or of the management thereof as such officer thinks fit. (2) Every person having the charge of, or concerned in the management of, any local aid to navigation shall furnish to the officer authorised under sub-section (1) to inspect such aid to navigation, all such information as the officer may require. (3) Every local authority shall furnish to the Central Government all such returns and other information in respect of the aids to navigation under its supervision and management, or of any of them, as the Central Government may require. **15. Control of local aids to navigation by Central Government.— (1) If the Central Government is** satisfied, after an inspection under section 14 or such other inquiry, that a direction under this sub-section is necessary or expedient for the safety, or otherwise, in the interests of vessels, it may direct any local authority— (a) to remove or discontinue or to refrain from moving or discontinuing any aid to navigation under its superintendence and management or to make or refrain from making any variation in the character or mode of use of any such aid to navigation; or (b) to erect, place or maintain, or to refrain from erecting, placing or maintaining any aid to navigation within the local limits within which the local authority exercises its powers. (2) A local authority shall not erect, place, remove or discontinue any aid to navigation or vary the character or mode of use of any aid to navigation, unless it has given to the Central Government at least one month’s notice in writing of its intention so to do: Provided that, in cases of emergency, a local authority may take such action as it deems necessary and shall give immediate notice of the same to the Central Government and, so far as is possible, to all vessels approaching or in the vicinity of such aid to navigation. (3) If any local authority— (a) fails to comply with any direction made under sub-section (1); or (b) fails to exercise or perform, or exercises or performs in an improper, inefficient or unsuitable manner, any power or duty relating to the superintendence or management of any aid to navigation conferred or imposed upon it by or under any law for the time being in force; or (c) fails to make adequate financial provision for the performance of any such duty, the Central Government may, by order in writing, require such local authority to comply with the direction, or to make arrangements to the satisfaction of that Government for the proper exercise of the 8 ----- power or performance of the duty, or to make financial provision to the satisfaction of that Government for the performance of the duty, as the case may be, within such period as it may specify. (4) If the local authority fails to comply with an order made under sub-section (3) within the specified period or within such further time as the Central Government may allow, the Central Government may exercise the power or perform the duty or make the requisite financial provision, as the case may be, and the local authority shall be liable to reimburse to the Central Government any expenditure incurred by it in so doing. **16. Management of local aids to navigation by Central Government.— The Central Government** may, at the request of a local authority, undertake the superintendence and management of any local aids to navigation on its behalf, and the local authority shall pay to the Central Government such sums to defray the cost of superintendence and management, as may be agreed. CHAPTER VII OBSTRUCTION TO FUNCTIONING OF AIDS TO NAVIGATION **17. Power of Central Government to remove or alter obstructions to aids to navigation.—** (1) The Central Government may, by notification in the Official Gazette, specify restrictions on activities that interfere with or obstruct the operation of any aid to navigation within the specified distance of such aid to navigation. (2) Notwithstanding anything contained in any other law for the time being in force, where the functioning of any aid to navigation or vessel traffic service is being obstructed, directly or indirectly, the Central Government may, if it deems fit, issue such directions as may be necessary for the removal or alteration of such obstruction. CHAPTER VIII TRAINING AND CERTIFICATION **18. Power of Central Government to train and certify operators of aids to navigation and vessel** **traffic services.—(1) No person shall be allowed to operate or work on, including any ancillary activities** as may be prescribed, any aid to navigation in any place unless he holds a valid training certificate certifying that such person has been trained in the operation of such aid to navigation. (2) No person shall be allowed to operate or work on, including any ancillary activities as may be prescribed, a vessel traffic service in any place unless he holds a valid training certificate certifying that such person has been trained in the operation of vessel traffic services. (3) A certificate of training issued under this Act shall be valid and effective throughout the territory of India. **19. Certification.—A certificate mentioned in sub-sections (1) and (2) of section 18 shall be issued by** an accredited training organisation referred to in section 20, in such form, subject to such conditions and in such manner, as may be prescribed. **20. Accreditation of training organisations.—(1) The Central Government shall accredit training** organisations for imparting training to, or conduct assessments of, persons in the operation of aids to navigation and vessel traffic services. (2) The Central Government shall accredit such training organisations which meet the criteria, as may be prescribed, for imparting training to trainees or conduct assessment of persons in the operation of aids to navigation and vessel traffic services. 9 ----- CHAPTER IX MARKING OF WRECKS **21. Marking of wrecks.—The Central Government may, if considers necessary, give directions to any** officer referred to in sub-section (1) of section 4 to mark any wreck in such manner as may be prescribed. **22. Reimbursement for marking wrecks.—The cost for marking the wreck shall be borne by or** recovered from the owner or the operator of such vessel in such manner as may be prescribed. CHAPTER X DEVELOPMENT OF HERITAGE LIGHTHOUSES **23. Power of Central Government to designate any aid to navigation as heritage lighthouse.— (1)** The Central Government may, by notification in the Official Gazette, designate any aid to navigation under its control as a heritage lighthouse. (2) The Central Government shall develop the heritage lighthouses designated under sub-section (1), in addition to their function as aids to navigation or otherwise, for educational, cultural and tourism purposes, in such manner as may be prescribed. CHAPTER XI MARINE AIDS TO NAVIGATION DUES **24. Levy and collection of marine aids to navigation dues.—(1) There shall be levied and collected** the marine aids to navigation dues, at such rates, as the Central Government may, by notification in the Official Gazette, specify from time to time. (2) The marine aids to navigation dues levied under sub-section (1) shall be collected by the proper officer in respect of every ship arriving at or departing from any port in India, from such person, in such manner and at such time, as may be prescribed. (3) The proceeds of the marine aids to navigation dues collected shall be credited to the Consolidated Fund of India in such manner as may be prescribed. (4) Every owner causing any ship to arrive at or depart from any port in India shall, self-assessing its liability to pay dues, file a return before the proper officer in such form and manner, as may be prescribed. **25. Utilisation of marine aids to navigation dues.—The marine aids to navigation dues levied under** this Act shall be utilised for fulfilling the obligations and carrying out the purposes of this Act. **26. Receipts relating to marine aids to navigation dues and their verification.—(1) The owner** shall credit the marine aids to navigation dues into the account of the Central Government in such manner as may be prescribed. (2) The payment of marine aids to navigation dues shall be verified by the proper officer in respect of.— (a) the port at which the marine aids to navigation dues has been paid; (b) the amount of the payment; (c) the date on which the marine aids to navigation dues became payable; and (d) the name, tonnage and other proper description of the ship in respect of which the payment is made, for the purpose of granting clearance. 10 ----- **27. Assessment of marine aids to navigation dues and ascertainment of tonnage.—(1) The proper** officer to whom the return has been furnished under sub-section (4) of section 24 shall, after making or causing to be made such inquiry as he thinks fit and after satisfying himself that the particulars stated in the return are correct, by order, assess the amount of marine aids to navigation dues payable by the owner or the master of the ship. (2) If the return has not been furnished to the proper officer under sub-section (4) of section 24, he shall, after making or causing to be made such inquiry as he thinks fit, by order, assess the amount of marine aids to navigation dues payable by the owner or the master of the ship. (3) For the purposes of levy of marine aids to navigation dues, the tonnage of a ship or sailing vessel shall be reckoned as under the Merchant Shipping Act, 1958 (44 of 1958), for such dues payable on a ship’s tonnage including the tonnage of any space added under the said Act to the tonnage of ships by reason of such space being utilised for carrying cargo. (4) In order to ascertain the tonnage of any ship for the purpose of levying marine aids to navigation dues, the proper officer may, if he deems it fit, require the production of any documents, the appearance of any person and the inspection of any vessel, in such manner as may be prescribed. **28. Recovery of marine aids to navigation dues.—(1) If the owner of any ship refuses or neglects to** pay the amount of marine aids to navigation dues payable under this Act in respect of the ship, the proper officer may seize the ship along with its equipment or any part thereof, and detain the same until the amount of the marine aids to navigation dues, together with the costs of the seizure and detention is paid. (2) If any part of such marine aids to navigation dues remains unpaid after the expiry of thirty days following the date of the seizure, the proper officer may cause the ship or other thing seized to be sold, and with the proceeds of the sale may satisfy the marine aids to navigation dues remaining unpaid, together with the costs of the sale and shall repay the surplus, if any, to the person by whom the same were payable. **29. Refusal of port clearance.—The officer whose duty it is to grant a port clearance for any ship** shall not grant the port clearance until the amount of marine aids to navigation dues payable in respect of the ship under this Act and of any fines imposed thereunder has been paid, or until security for the payment thereof has been given to his satisfaction. **30. Determination of disputes as to liability for payment.—If any dispute arises as to whether** marine aids to navigation dues, expenses or costs are payable in respect of any ship under this Act or as to the amount of such dues, expenses or costs, such dispute shall, on an application made in this behalf by either of the disputing parties, be heard and determined by a civil court having jurisdiction at the place where the dispute arose. **31. Marine aids to navigation dues payable at one port recoverable at another.—(1) If the master** of any ship in respect of which marine aids to navigation dues is payable at any port causes the ship to leave such port without having paid such dues, the proper officer at that port may, by writing, require the proper officer at any other port in India to which the ship may proceed, to recover the marine aids to navigation dues remaining unpaid. (2) Any proper officer to whom such a requisition is directed, shall proceed to levy such sum as if it were payable under this Act at the port at which he is the proper officer, and a certificate by the proper officer at the port at which the marine aids to navigation dues first became payable, stating the amount payable, shall be sufficient proof in any proceeding under this Act that such amount is payable. **32. Exemption.—The Central Government may, by notification in the Official Gazette, exempt.—** (a) any ship belonging to the Central Government or any State Government, which is not carrying cargo or passengers for freight or fares; or 11 ----- (b) any other ship, or classes of ships or ships performing specified voyages, from the payment of marine aids to navigation dues either wholly or to such extent as may be specified in that notification. **33. Refund of excess payments.—Where the marine aids to navigation dues has been paid in respect** of any ship in excess of the amount payable under this Act, no claim to refund of such excess payment shall be admissible, unless it is made within six months from the date of such payment. **34. Fees.—The fees to be charged for providing assistance to ships for rendering special services to** vessels shall be at such rates as may be prescribed. CHAPTER XII FINANCE, ACCOUNTS AND AUDIT **35. Receipt and expenditure.—The Central Government shall cause to be maintained a separate** account of all amounts received by way of marine aids to navigation dues, expenses, costs and fines under this Act and of all expenditure incurred for the purposes of this Act, and shall cause such account to be laid before the Central Advisory Committee, as soon as possible after the close of each financial year. **36. Annual report.—(1) The Central Government shall cause to be laid before the Central Advisory** Committee before the close of each financial year a statement of the estimated receipts under, and expenditure for the purposes of this Act, during the forthcoming year. (2) The statement of estimated receipts and expenditure shall be prepared in consultation with the Comptroller and Auditor-General of India, in such manner as may be prescribed. CHAPTER XIII OFFENCES AND PENALTIES **37. Intentionally obstructing aids to navigation or vessel traffic services.—(1) Whoever,** intentionally commits any act or omits to do any act, which results in obstruction of, or reduction in, or limitation of, the effectiveness of, any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may extend up to six months or with fine which may extend up to one lakh rupees, or with both. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that.— (a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the obstruction, reduction or limitation. **38. Negligently obstructing aids to navigation or vessel traffic services.—(1) Whoever, negligently** commits any act or omits to do any act, which results in obstruction of, or reduction in, or limitation of, the effectiveness of, any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may extend up to three months or with fine which may extend up to fifty thousand rupees, or with both. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that.— _(a) act or omission was necessary to save a life or a vessel; and_ (b) such person took all reasonable steps to avoid the obstruction, reduction or limitation. **39. Intentionally destroying or damaging aids to navigation or vessel traffic services.—(1)** Whoever, intentionally commits any act or omits to do any act, which results in damage to or destruction 12 ----- of any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may extend up to twelve months or with fine which may extend up to five lakh rupees, or with both. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that— (a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the damage or destruction. **40. Negligently destroying or damaging aids to navigation or vessel traffic services.—(1)** Whoever, negligently commits any act or omits to do any act, which results in damage to or destruction of any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may extend up to six months or with fine which may extend up to one lakh rupees, or with both. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that— (a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the damage or destruction. **41. Causing damage to heritage lighthouse.— (1) Whoever, commits any act or omits to do any act,** which results in damage to or destruction of any heritage lighthouse, shall be liable to imprisonment for a term which may extend up to six months or with fine which may extend up to one lakh rupees, or with both. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that.— (a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the destruction, fouling, damage, reduction or limitation. **42. Evading payment of marine aids to navigation dues.— Every owner or master of a ship, who** evades or attempts to evade the payment of marine aids to navigation dues, expenses or costs payable in respect of the ship under this Act, shall be liable for fine, which may extend up to five times the amount of the sum so payable. **43. Non-compliance with directions of vessel traffic service provider.— Every owner or master of** a ship, who fails to comply with any direction issued by a vessel traffic service provider relating to a vessel traffic service under this Act, shall be liable to fine which may extend up to one lakh rupees. **44. Cognizance of offences.—(1) No court shall take cognizance of any offence under this Act,** except upon a complaint in writing made by any officer authorised in this behalf by the Central Government. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act. **45. Place of trial and jurisdiction of court.—Whoever, commits any offence under this Act or any** rules made thereunder, may ordinarily be inquired into and tried by a court within whose local jurisdiction— (a) such offence was committed; or (b) such person may be found; or 13 ----- (c) in any court which the Central Government may, by notification, direct in this behalf; or (d) in any court in which he might be tried under any other law for time being in force. CHAPTER XIV MISCELLANEOUS **46. Power of Central Government to make rules.—(1) The Central Government may, after previous** publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) duties of the Director General under section 5; (b) procedure and conduct of business of Central Advisory Committee and sub-committees constituted under sub-section (5) of section 6; (c) manner of appointment of the Competent Authority under sub-section (2) and its functions under sub-section (3), of section 12; (d) standards for establishment and operation of vessel traffic services under section 13; (e) ancillary activities relating to aids to navigation under sub-section (1) and ancillary activities relating to vessel traffic services under sub-section (2), of section 18; (f) form and manner of certificate, to be issued and the conditions subject to which such certificate is to be issued by the accredited training organisation and validated by the Director General under section 19; (g) criteria for accreditation of training organisation under sub-section (2) of section 20; (h) manner of marking wrecks under section 21; (i) manner of recovering cost from the owner of the vessel for marking the wreck under section 22; (j) development of heritage lighthouses designated under sub-section (2) of section 23; (k) manner of, collection of marine aids to navigation dues by proper officer levied under sub section (2) and crediting the proceeds of the dues so collected under sub-section (3), of section 24; _(l) form and manner of filing return under sub-section (4) of section 24;_ (m) manner of payment of marine aids to navigation dues to the Central Government under sub section (1) of section 26; (n) manner of production of documents, appearance of any person and inspection of any vessel by proper officer under sub-section (4) of section 27; (o) rates of fees for special services under section 34; (p) form and manner of statement of estimated receipts and expenditure to be prepared in consultation with the Comptroller and Auditor-General of India under sub-section (2) of section 36; (q) any other matter which is required to be, or may be, prescribed, for the purposes of carrying out the purposes of this Act. **47. Delegation of powers by Central Government.— The Central Government may delegate to any** of its officers all or any of the functions and powers conferred upon it under this Act. 14 ----- **48. Power of Central Government to issue directions.— (1) Notwithstanding anything contained in** this Act, the Director General shall, in the discharge of his functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give to him in writing from time to time. (2) The decision of the Central Government whether a question is one of policy or not shall be final. **49. Protection of action taken in good faith.—** No suit, prosecution or other proceedings shall lie against the Central Government or any officer appointed under this Act for anything done or in good faith purporting to be done under this Act or the rules made thereunder. **50. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **51. Laying of rules and notifications before Parliament.—Every rule made and every notification** issued under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in such rule, or notification or both Houses agree that the rule, should not be made or the notification should not be issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. **52. Repeal and savings.— (1) The Lighthouse Act, 1927 (17 of 1927) is hereby repealed.** (2) Notwithstanding the repeal of the Lighthouse Act, 1927 (17 of 1927) (herein referred to as the repealed Act), — (a) any notification, rule, regulation, bye-law, order or exemption issued, made or granted under the repealed Act shall, until revoked, have effect as if it had been issued, made or granted under the provisions of this Act; (b) any office established or created, officer appointed and anybody elected or constituted under the repealed Act shall continue and shall be deemed to have been established, created, appointed, elected, or constituted, as the case may be, under this Act; (c) any document referring to the repealed Act shall be construed as referring to this Act or to the provision of this Act; (d) any fine levied under the repealed Act may be recovered as if it had been levied under this Act; (e) any offence committed under the repealed Act may be prosecuted and punished as if it had been committed under this Act; (f) any proceeding pending before any court under the repealed Act may be tried or disposed of under the corresponding provisions of this Act; (g) the officers appointed under the provisions of the repealed Act and continuing during the commencement of this Act shall continue as if they have been appointed under this Act; 15 ----- _(h) any person appointed under or by virtue of the repealed Act shall be deemed to have been_ appointed to that office under or by virtue of this Act; (i) any inspection, investigation or inquiry ordered to be done under the provisions of the repealed Act shall continue to be proceeded with as if such inspection, investigation or inquiry was ordered to be done under the corresponding provisions of this Act. 16 -----

20-Sep-2020

15

The National Commission for Homoeopathy Act, 2020.

https://www.indiacode.nic.in/bitstream/123456789/15621/1/A2020-15.pdf

central

# THE NATIONAL COMMISSION FOR HOMOEOPATHY ACT, 2020 ______________ ARRANGEMENT OF SECTIONS Last updated: 25-8-2021 _________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II NATIONAL COMMISSION FOR HOMOEOPATHY 3. Constitution of National Commission for Homoeopathy. 4. Composition of Commission. 5. Search committee for appointment of Chairperson and Members. 6. Term of office and conditions of service of Chairperson and Members. 7. Removal of Chairperson and Members of Commission. 8. Appointment of secretary experts, professionals officers and employees of Commission. 9. Meeting of Commission. 10. Power and functions of Commission. CHAPTER III ADVISORY COUNCIL FOR HOMOEOPATHY 11. Constitution and composition of Advisory council for Homoeopathy. 12. Functions of Advisory Council for Homoeopathy. 13. Meetings of Advisory Council for Homoeopathy. CHAPTER IV NATIONAL EXAMINATION 14. National Eligibility cum-Entrance Test. 15. National Exit Test. 16. Post-Graduate National Entrance Test. 17. National Teachers’ Eligibility Test for Homoeopathy. CHAPTER V AUTONOMOUS BOARDS 18. Constitution of Autonomous Boards. 19. Composition of Autonomous Boards. 20. Search Committee for appointment of President and Members. 21. Term of office and conditions of service of President and Members. 22. Advisory committees of experts. 1 ----- SECTIONS 23. Staff of Autonomous Boards. 24. Meetings of Autonomous Boards. 25. Delegation of powers. 26. Powers and functions of Homoeopathy Education Board. 27. Powers and functions of Board of Ethics and Registration for Homoeopathy. 28. Powers and functions of Medical Assessment and Rating Board for Homoeopathy. 29. Permission for establishment of new medical institution. 30. Criteria for approving or disapproving scheme. 31. State Medical Councils. 32. National Register and State Register of Homoeopathy. 33. Rights of persons to be enrolled in National Register and their obligations thereto. 34. Rights of persons to practice. CHAPTER VI RECOGNITION OF QUALIFICATIONS OF HOMOEOPATHY 35. Recognition of qualifications granted by Universities or medical institutions in India. 36. Recognition of qualifications granted by medical institutions outside India. 37. Withdrawal of recognition or de-recognition of qualification. 38. Special provision in certain cases for recognition of qualifications. CHAPTER VII GRANTS, AUDIT AND ACCOUNTS 39. Grants by Central Government. 40. National Commission Fund for Homoeopathy. 41. Audit and accounts. 42. Furnishing of returns and reports to Central Government. CHAPTER VIII MISCELLANEOUS 43. Power of Central Government to give directions to Commission and Autonomous Boards. 44. Power of Central Government to give directions to State Governments. 45. Information to be furnished by Commission and publication thereof. 46. Obligation of Universities and medical institutions. 47. Completion of courses of studies in medical institutions. 48. Chairperson, Members, officers of Commission, Autonomous Boards to be public servants. 49. Protection of action taken in good faith. 50. Cognizance of offences. 51. Power of Central Government to supersede Commission. 2 ----- SECTIONS 52. Joint sittings of Commission, National Commission for Indian Systems of Medicine and National Medical Commission. 53. State Government to promote public health. 54. Power to make rules. 55. Power to make regulations. 56. Rules and regulations to be laid before Parliament. 57. Power to remove difficulties. 58. Repeal and saving. 59. Transitory provisions. 3 ----- # THE NATIONAL COMMISSION FOR HOMOEOPATHY ACT, 2020 ACT NO. 15 OF 2020 [20th September, 2020.] # An Act to provide for a medical education system that improves access to quality and affordable medical education, ensures availability of adequate and high quality Homoeopathy medical professionals in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of Homoeopathy medical professionals accessible and affordable to all the citizens; that promotes national health goals; that encourages Homoeopathy medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a Homoeopathy medical register for India and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to the changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the National Commission for** Homoeopathy Act, 2020. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Autonomous Board” means any of the Autonomous Boards constituted under section 18; (b) “Board of Ethics and Registration for Homoeopathy” means the Board constituted under section 18; (c) “Chairperson” means the Chairperson of the National Commission for Homoeopathy appointed under section 5; (d) “Commission” means the National Commission for Homoeopathy constituted under section 3; (e) “Council” means the Advisory Council for Homoeopathy constituted under section 11; (f) “Homoeopathy” means the Homoeopathic System of Medicine and includes the use of biochemic remedies supplemented by such modern advances, scientific and technological development as the Commission may, in consultation with the Central Government, declare by notification from time to time; (g) “Homoeopathy Education Board” means the Board constituted for Homoeopathy education under section 18; (h) “licence” means a licence to practice Homoeopathy granted under sub-section _(1) of_ section 33; **1. 7th October, 2020 - S. 3, 4, 5, 6, 8,11, 18, 19, 20,21, 54 and 55,** _vide notification No. S.O. 3475(E),_ _see Gazette of India,_ Extraordinary, Part II, sec. 3(ii). **5th July, 2021- S. 2, 7, 9, 10, 12, 13, 14, 15, 16, 17, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41,** 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 56, 57, 58, and 59, _vide notification No. S.O. 2693(E),_ _see Gazette of India,_ Extraordinary, Part II, sec. 3(ii). 4 ----- (i) “Medical Assessment and Rating Board for Homoeopathy” means the Board for assessment and rating of medical institutions constituted under section 18; (j) “medical institution” means any institution within or outside India which, grants degrees, diplomas or licences in Homoeopathy and includes affiliated colleges and deemed to be Universities; (k) “Member” means a Member of the Commission referred to in section 4 and includes the Chairperson thereof; (l) “National Register” means a National Medical Register for Homoeopathy maintained by the Board of Ethics and Registration for Homoeopathy under section 32; (m) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (n) “prescribed” means prescribed by rules made under this Act; (o) “President” means the President of an Autonomous Board appointed under section 20; (p) “regulations” means the regulation made by the Commission under this Act; _(q) “State Medical Council” means a State Medical Council of Homoeopathy constituted under_ any law for the time being in force in any State or Union territory for regulating the practice and registration of practitioners of Homoeopathy; (r) “State Register” means a State register for Homoeopathy maintained under any law for the time being in force in any State or Union territory for registration of practitioners of Homoeopathy; (s) “University” shall have the same meaning as assigned to it in clause _(f) of section 2 of the_ University Grants Commission Act, 1956 (3 of 1956) and includes a health university. CHAPTER II NATIONAL COMMISSION FOR HOMOEOPATHY **3. Constitution of National Commission for Homoeopathy.—(1) The Central Government shall, by** notification, constitute a Commission, to be known as the National Commission for Homoeopathy, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act. (2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the Commission shall be at New Delhi. **4. Composition of Commission.—(1) The Commission shall consist of the following persons,** namely:–– (a) a Chairperson; (b) seven ex officio Members; and (c) nineteen part-time Members. (2) The Chairperson shall be a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in Homoeopathy from a recognised University and having experience of not less than twenty years in the field of Homoeopathy, out of which at least ten years shall be as a leader in the area of healthcare delivery, growth and development of Homoeopathy or its education. (3)The following persons shall be appointed by the Central Government as ex officio Members of the Commission, namely:–– (a) the President of the Homoeopathy Education Board; (b) the President of the Medical Assessment and Rating Board for Homoeopathy; (c) the President of the Board of Ethics and Registration for Homoeopathy; (d) Advisor (Homoeopathy) or Joint Secretary to the Government of India in-charge of Homoeopathy, in the Ministry of AYUSH; 5 ----- (e) the Director, National Institute of Homoeopathy, Kolkata; (f) the Director, North Eastern Institute of Ayurveda and Homoeopathy, Shillong; and (g) the Director-General, Central Council for Research in Homoeopathy, Janakpuri, New Delhi. (4) The following persons shall be appointed by the Central Government as part-time Members of the Commission, namely:— (a) three Members to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in the areas of Homoeopathy, management, law, health research, science and technology and economics; (b) ten Members to be appointed on rotational basis from amongst the nominees of the States and Union territories in the Advisory Council for a term of two years in such manner as may be prescribed. (c) six members to be appointed from amongst the nominees of the States and Union territories, under clause (d) of sub-section (2) of section 11, of the Advisory Council for a term of two years in such manner as may be prescribed: Provided that no Member shall either himself or through any of his family members, directly or indirectly, own or be associated with or have any dealings with the managing body of a private or non-government medical institution which is regulated under this Act. _Explanation.––For the purpose of this section and section 19, the term “leader” means the Head of a_ Department or the Head of an Organisation. **5. Search** **committee for** **appointment of Chairperson and Members.—(1) The Central** Government shall appoint the Chairperson referred to in section 4 and the President of the Autonomous Boards referred to in section 20 on the recommendation of a Search Committee consisting of— (a) the Cabinet Secretary—Chairperson; (b) two experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of Homoeopathy, to be nominated by the Central Government—Members; (c) one expert, from amongst the members as referred to in clause (c) of sub-section (4) of section 4, to be nominated by the Central Government in such manner as may be prescribed—Member; _(d) one person, possessing outstanding qualifications and experience of not less than twenty-five_ years in the field of health research, management, law, economics or science and technology, to be nominated by the Central Government—Member; (e) the Secretary to the Government of India incharge of the AYUSH, to be the Convenor— Member: Provided that for selection of part-time members of the Commission referred to in clause (a) of sub section (4) of section 4, the Secretary referred to in section 8 and other Members of the Autonomous Boards referred to in section 20, the Search Committee shall consist of members specified in clauses (b) to (d) and Joint Secretary to the Government of India in the Ministry of AYUSH as Convenor— Member and chaired by Secretary to the Government of India in-charge of the Ministry of AYUSH. (2) The Central Government shall, within one month from the date of occurrence of any vacancy, including by reason of death, resignation or removal of the Chairperson or a Member, or within three months before the end of tenure of the Chairperson or Member, make a reference to the Search Committee for filling up of the vacancy. (3) The Search Committee shall recommend a panel of at least three names for every vacancy referred to it. (4) Before recommending any person for appointment as the Chairperson or a Member of the Commission, the Search Committee shall satisfy itself that such person does not have any financial or other 6 ----- interest which is likely to affect prejudicially his functions as such Chairperson or Member. (5) No appointment of the Chairperson or Member shall be invalid merely by reason of any vacancy or absence of a Member in the Search Committee. (6) Subject to the provisions of sub-sections _(2) to_ _(5), the Search Committee may regulate its own_ procedure. **6. Term of office and conditions of service of Chairperson and Members.—(1) The Chairperson** and Members (other than ex officio Members) and Members appointed under clauses (b) and (c) of subsection (4) of section 4 shall hold office for a term not exceeding four years and shall not be eligible for any extension or re-appointment: Provided that such person shall cease to hold office after attaining the age of seventy years. (2) The term of office of an ex officio Member shall continue as long as he holds the office by virtue of which he is such Member. (3) Where a Member, other than an _ex officio_ Member, is absent from three consecutive ordinary meetings of the Commission and the cause of such absence is not attributable to any valid reason in the opinion of the Commission, such Member shall be deemed to have vacated the seat. (4) The salary and allowances payable to, and other terms and conditions of service of, the Chairperson and Member, other than an ex officio Member, shall be such as may be prescribed. (5) The Chairperson or a Member may–– (a) relinquish his office by giving in writing a notice of not less than three months to the Central Government; or (b) be removed from his office in accordance with the provisions of section 7: Provided that such person may be relieved from duties earlier than three months or allowed to continue beyond three months until a successor is appointed, if the Central Government so decides. (6) The Chairperson and every Member of the Commission shall make declaration of his assets and liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement, in such form and manner as may be prescribed, and such declaration shall be published on the website of the Commission. (7) The Chairperson or a Member, ceasing to hold office as such, shall not accept, for a period of two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private Medical institution of Homoeopathy or, whose matter has been dealt with by such Chairperson or Member, directly or indirectly: Provided that nothing contained herein shall be construed as preventing such person from accepting an employment in a body or institution including Medical institution of Homoeopathy, controlled or maintained by the Central Government or a State Government. (8) Nothing in sub-section (7) shall prevent the Central Government from permitting the Chairperson or a Member to accept any employment in any capacity, including as a consultant or an expert, in any private Medical Institution of Homoeopathy, whose matter has been dealt with by such Chairperson or Member. **7. Removal of Chairperson and Members of Commission.—(1) The Central Government may, by** order, remove from office the Chairperson or any other Member, who— (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as the Chairperson or a Member; or (d) is of unsound mind and stands so declared by a competent court; or 7 ----- (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (f) has so abused his position as to render his continuance in office prejudicial to public interest. (2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter. **8. Appointment of secretary experts, professionals officers and employees of Commission.—(1)** There shall be a Secretariat for the Commission to be headed by a Secretary, to be appointed by the Central Government in accordance with the provisions of section 5. (2) The Secretary of the Commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribed. (3) The Secretary shall be appointed by the Central Government for a term of four years and he shall not be eligible for any extension or re-appointment. (4) The Secretary shall discharge such functions of the Commission as are assigned to him by the Commission and as may be specified by regulations made under this Act. _(5) The Commission may appoint such officers and other employees, as it considers necessary, against_ the posts created by the Central Government for the efficient discharge of its functions under this Act. (6) The salaries and allowances payable to, and other terms and conditions of service of the Secretary, officers and other employees of the Commission shall be such as may be prescribed. (7) The Commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of Homoeopathy and experience in fields including medical education in Homoeopathy, public health, management, economics, accreditation, patient advocacy, health research, science and technology, administration, finance, accounts or law as it deems necessary, to assist the Commission in the discharge of its functions under this Act. **9. Meeting of Commission.—(1) The Commission shall meet at least once every quarter at such time** and place as may be appointed by the Chairperson. (2) The Chairperson shall preside at the meeting of the Commission and if, for any reason, the Chairperson is unable to attend a meeting of the Commission, any Member being the President of the Autonomous Boards, nominated by the Chairperson shall preside at the meeting. (3) Unless the procedure to be followed at the meetings of the Commission is otherwise provided by regulations, one-half of the total number of Members of the Commission including the Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the members, present and voting and in the event of equality of votes, the Chairperson or in his absence, the President of the Autonomous Board nominated under sub-section (2), shall have the casting vote. (4) The general superintendence, direction and control of the administration of the Commission shall vest in the Chairperson. (5) No act or proceeding of the Commission shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Commission; or (b) any defect in the appointment of a person acting as a Chairperson or as a Member. (6) A person who is aggrieved by any decision of the Commission, except the decision rendered under sub-section (4) of section 31, may prefer an appeal to the Central Government against such decision within fifteen days of the communication of such decision. 8 ----- **10.** **Power and functions of Commission.—(1) The Commission shall perform the following** functions, namely:— (a) lay down policies for maintaining a high quality and high standards in education of Homoeopathy and make necessary regulations in this behalf; (b) lay down policies for regulating medical institutions, medical researches and medical professionals and make necessary regulations in this behalf; (c) assess the requirements in healthcare, including human resources for health and healthcare infrastructure and develop a road map for meeting such requirements; (d) frame guidelines and lay down policies by making such regulations as may be necessary for the proper functioning of the Commission, the Autonomous Boards and the State Medical Councils of Homoeopathy; (e) ensure coordination among the Autonomous Boards; (f) take such measures, as may be necessary, to ensure compliance by the State Medical Councils of Homoeopathy of the guidelines framed and regulations made under this Act for their effective functioning under this Act; (g) exercise appellate jurisdiction with respect to decisions of the Autonomous Boards; (h) make regulations to ensure observance of professional ethics in Medical profession and to promote ethical conduct during the provision of care by medical practitioners; (i) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of seats in private medical institutions and deemed to be Universities which are governed under the provisions of this Act. (j) exercise such other powers and perform such other functions as may be prescribed. (2) All orders and decisions of the Commission shall be authenticated by signature of the Secretary and the Commission may delegate such of its powers on administrative and financial matters, as it deems fit, to the Secretary. (3) The Commission may constitute sub-committees and delegate such of its powers to them as may be necessary to enable them to accomplish specific tasks. CHAPTER III ADVISORY COUNCIL FOR HOMOEOPATHY **11. Constitution and composition of Advisory council for Homoeopathy.—(1) The Central** Government shall, by notification, constitute an advisory body to be known as the Advisory Council for Homoeopathy. (2) The Council shall consist of a Chairperson and the following Members, namely:— (a) the Chairperson of the Commission shall be the ex officio Chairperson of the Council; (b) every Member of the Commission shall be ex officio member of the Council; (c) one Member, to represent each State, who is the Vice-Chancellor of a University in that State, possessing qualifications in Homoeopathy, to be nominated by that State Government, and one member to represent each Union territory, who is the Vice- Chancellor of a University in that Union territory, possessing qualifications in Homoeopathy, to be nominated by the Ministry of Home Affairs in the Government of India: Provided that where the Vice-Chancellor possessing qualifications in Homoeopathy is not available, a Dean or Head of Faculty possessing qualifications in Homoeopathy shall be nominated; (d) one member to represent each State and each Union territory from amongst elected members of 9 ----- the State Homoeopathy Medical Council, to be nominated by that State Medical Council; (e) the Chairman, University Grants Commission; (f) the Director, National Assessment and Accreditation Council; (g) four Members to be nominated by the Central Government from amongst persons holding the post of Director in the Indian Institutes of Technology, Indian Institutes of Management and the Indian Institute of Science; (h) the terms of non-ex officio Members in the Council shall be four years. **12. Functions of Advisory Council for Homoeopathy.—(1) The Council shall be the primary** platform through which the States and Union territories may put forth their views and concerns before the Commission and help in shaping the overall agenda, policy and action relating to medical education, training, research and development of Homoeopathy. (2) The Council shall advise the Commission on measures to determine and maintain, and to coordinate maintenance of the minimum standards in all matters relating to medical education, training, research and development. (3) The Council shall advise the Commission on measures to enhance equitable access to medical education. **13. Meetings of Advisory Council for Homoeopathy.—(1) The Council shall meet at least twice in a** year at such time and place as may be decided by the Chairperson. (2) The Chairperson shall preside at the meeting of the Council and if for any reason the Chairperson is unable to attend a meeting of the Council, such other member as nominated by the Chairperson shall preside over the meeting. (3) Unless the procedure is otherwise provided by regulations, one-half of the Members of the Council including the Chairperson shall form the quorum and all acts of the Council shall be decided by a majority of the Members present and voting. CHAPTER IV NATIONAL EXAMINATION **14. National Eligibility cum-Entrance Test.—(1) There shall be a uniform National Eligibility-cum-** Entrance Test, for admission to the undergraduate in Homoeopathy in all medical institutions governed under this Act. (2) The Commission shall conduct the National Eligibility-cum-Entrance Test in English and in such other languages, through such designated authority and in such manner, as may be specified by regulations. (3) The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to all the medical institutions governed under this Act: Provided that the common counselling shall be conducted by the designated authority of –– _(i) the Central Government, for All India seats; and_ (ii) the State Government, for the remaining seats at the State level. **15. National Exit Test.—(1) A common final year undergraduate medical examination, to be known** as the National Exit Test, shall be held for granting licence to practice as medical practitioner of Homoeopathy and for enrolment in the State Register or National Register, as the case may be. (2) The Commission shall conduct the National Exit Test for Homoeopathy in English and in such other languages, through such designated authority and in such manner as may be specified by regulations. (3) The National Exit Test shall become operational on such date, within three years from the date on which this Act comes into force, as may be appointed by the Central Government, by notification. 10 ----- (4) Any person with a foreign medical qualification shall have to qualify National Exit Test for the purpose of obtaining licence to practice Homoeopathy as medical practitioner of Homoeopathy and for enrolment in the State Register or the National Register, as the case may be, in such manner as may be specified by regulations. **16. Post-Graduate National Entrance Test.—(1) A uniform Post-Graduate National Entrance Test** shall be conducted for admission to post-graduate courses in Homoeopathy in all medical institutions governed under this Act. (2) The Commission shall conduct the National Entrance Test for admission to post- graduate courses in English and in such other languages, through such designated authority and in such manner, as may be specified by regulations. (3) The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to the post-graduate seats in all medical institutions governed under this Act. **17. National Teachers’ Eligibility Test for Homoeopathy.—(1) A National Teachers’ Eligibility Test** shall be conducted separately for the post- graduates of Homoeopathy who desire to take up teaching profession in that discipline. (2) The Commission shall conduct the National Teachers’ Eligibility Test for Homoeopathy through such designated authority and in such manner as may be specified by regulations. (3) The National Teachers’ Eligibility Test for Homoeopathy shall become operational on such date, within three years from the date on which this Act comes into force, as may be notified by the Central Government: Provided that nothing contained in this section shall apply to the teachers appointed prior to the date notified under sub-section (3). CHAPTER V AUTONOMOUS BOARDS **18. Constitution of Autonomous Boards.—(1) The Central Government shall, by notification,** constitute the following Autonomous Boards, under the overall supervision of the Commission, to perform the functions assigned to such Boards under this Act, namely:— (a) the Homoeopathy Education Board; (b) the Medical Assessment and Rating Board for Homoeopathy; and (c) the Board of Ethics and Registration for Homoeopathy. _(2) Each Board referred to in sub-section (1) shall be an autonomous body which shall carry out its_ functions under this Act in accordance with the regulations made by the Commission. **19. Composition of Autonomous Boards.—(1) The composition of the Autonomous Boards shall be** as under, namely:–– (a) the Homoeopathy Education Board shall consist of a President and four Members from the discipline of Homoeopathy; (b) the Medical Assessment and Rating Board for Homoeopathy shall consist of a President from the discipline of Homoeopathy and two Members, out of whom one Member shall be from the discipline of Homoeopathy and the other Member shall be an acceditation expert; (c) the Board of Ethics and Registration for Homoeopathy shall consist of a President from the discipline of Homoeopathy and two Members, out of whom one Member shall be from the discipline of Homoeopathy and the other Member shall be a person who has demonstrated public record of work on medical ethics or chosen from any of the disciplines of quality assurance, public health, law or patient 11 ----- advocacy. (2) The President and Members of the Autonomous Boards to be chosen under sub-section (1) shall be persons of outstanding ability, proven administrative capacity and integrity, possessing post-graduate degree in respective disciplines from a recognised University and having experience of not less than fifteen years in respective fields, out of which at least seven years shall be as a leader: Provided that seven years as leader in the case of the President and Member from Homoeopathy shall be in the area of health, growth and development of education in Homoeopathy. **20.** **Search Committee for appointment of President and Members.—The Central Government** shall appoint the President and Members of the Autonomous Boards on the basis of the recommendations made in accordance with the procedure specified in section 5 by the Search Committee constituted thereunder. **21. Term of office and conditions of service of President and Members.—(1) The President and** Members of each Autonomous Board shall hold the office for a term not exceeding four years and shall not be eligible for any extension or re-appointment: Provided that such person shall cease to hold office after attaining the age of seventy years. (2) The salary and allowances payable to, and other terms and conditions of service of the President and Members of an Autonomous Board shall be such as may be prescribed. (3) The provisions contained in sub-sections _(3),_ _(5),_ _(6),_ _(7) and_ _(8) of section 6 relating to other_ terms and conditions of service of, and in section 7 relating to removal from office, the Chairperson and Members of the Commission shall also be applicable to the President and Members of the Autonomous Boards. **22. Advisory committees of experts.—(1) Each Autonomous Board, except the Board of Ethics and** Registration for Homoeopathy, shall be assisted by such advisory committees of experts, as may be constituted by the Commission, for the efficient discharge of the functions of such Boards under this Act. (2) The Board of Ethics and Registration for Homoeopathy shall be assisted by such ethics committees of experts, as may be constituted by the Commission, for the efficient discharge of the functions of that Board under this Act. **23. Staff of Autonomous Boards.—The experts, professionals, officers and other employees appointed** under section 8 shall be made available to the Autonomous Boards in such number and in such manner, as may be specified by regulations made by the Commission. **24. Meetings of Autonomous Boards.—(1) Every Autonomous Board shall meet at least once a month** at such time and place as it may appoint. (2) Subject to such regulations as may be made in this behalf, all decisions of the Autonomous Boards shall be made by consensus and if consensus is not possible, decision shall be made by majority of votes of the President and Members. (3) A person who is aggrieved by any decision of an Autonomous Board may prefer an appeal to the Commission against such decision within thirty days of the communication of such decision. **25. Delegation of powers.—(1) The Commission may delegate all or any of its administrative and** financial powers to the President of each Autonomous Board to enable such Board to function smoothly and efficiently. _(2) The President of an Autonomous Board may further delegate any of his powers to a Member or_ officer of that Board. **26. Powers and functions of Homoeopathy Education Board.—(1) The Homoeopathy Education** Board shall perform the following functions, namely:–– (a) determine the standards of education at the undergraduate, post-graduate and super-speciality 12 ----- levels and oversee all aspects of relating thereto; (b) develop a competency based dynamic curriculum for Homoeopathy at all levels in accordance with the regulations made under this Act, in such manner that it develops appropriate skill, knowledge, attitude, values and ethics among the post- graduate and super-speciality students and enables them to provide healthcare, to impart medical education and to conduct medical research; (c) frame guidelines on setting up of medical institutions for imparting undergraduate, post graduate and super-speciality courses in Homoeopathy, having regard to the needs of the country, the global norms and the regulations made under this Act; (d) determine minimum requirements and standards for conducting of courses and examinations in medical institutions, having regard to the needs of creativity at local levels and the regulations made under this Act; (e) determine standards and norms for infrastructure, faculty and quality of education and research in medical institutions of Homoeopathy, in accordance with the regulations made under this Act; (f) specify norms for compulsory annual disclosure, electronically and otherwise, by medical institutions of Homoeopathy in respect of their functions that has a bearing on the interest of various stakeholders including students, faculty, the Commission and the Government; (g) facilitate development and training of faculty Members; (h) facilitate research programmes; (i) grant recognition to medical qualifications of Homoeopathy at all levels. (2) The Homoeopathy Education Board may, in the discharge of its functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **27. Powers and functions of Board of Ethics and Registration for** **Homoeopathy.—(1) The Board** of Ethics and Registration for Homoeopathy shall perform the following functions, namely:— (a) maintain a National Register of all licensed practitioners of Homoeopathy in accordance with the provisions of section 32; (b) regulate professional conduct and promote medical ethics in accordance with the regulations made under this Act: Provided that the Board of Ethics and Registration for Homoeopathy shall ensure compliance with the code of professional and ethical conduct through the State Medical Council, in a case where such State Medical Council has been conferred power to take disciplinary actions in respect of professional or ethical misconduct by medical practitioners under respective State Acts; (c) develop mechanisms to have continuous interaction with State Medical Councils of Homoeopathy to effectively promote and regulate the conduct of medical practitioners of Homoeopathy; (d) exercise appellate jurisdiction with respect to the actions taken by a State Medical Council under section 31. (2) The Board of Ethics and Registration for Homoeopathy may, in the discharge of its functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **28. Powers and functions of Medical Assessment and Rating Board for Homoeopathy.—(1) The** Medical Assessment and Rating Board for Homoeopathy shall perform the following functions, namely:– (a) determine the process of assessment and rating of medical institutions on the basis of their compliance with the standards laid down by the Homoeopathy Education Board, in accordance with the regulations made under this Act; 13 ----- (b) grant permission for establishment of a new medical institution or to start any post-graduate course or to increase number of seats, in accordance with the provisions of section 29; (c) carry out inspections of medical institutions for assessing and rating such institutions in accordance with the regulations made under this Act: Provided that the Medical Assessment and Rating Board for Homoeopathy may, if it deems necessary, hire and authorise any other third party agency or persons for carrying out inspections of medical institutions for assessing and rating such institutions: Provided further that where inspection of medical institutions is carried out by such third party agency or persons authorised by the Medical Assessment and Rating Board for Homoeopathy, it shall be obligatory on such institutions to provide access to such agency or person; (d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess and rate all medical institutions, within such period of their opening, and every year thereafter, at such time, and in such manner, as may be specified by regulations; (e) make available on its website or in public domain, the assessment and ratings of medical institutions at regular intervals, in accordance with the regulations made under this Act; (f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a medical institution for its failure to maintain the minimum essential standards specified by the Homoeopathy Education Board, in accordance with the regulations made under this Act. (2) The Medical Assessment and Rating Board for Homoeopathy may, in the discharge of its functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **29. Permission for establishment of new medical institution.—(1) No person shall establish a new** medical institution or start any post-graduate course or increase number of seats without obtaining prior permission of the Medical Assessment and Rating Board for Homoeopathy. _Explanation.––For the purpose of this sub-section, the term “person” includes any University or a_ trust or any other body but does not include the Central Government. (2) For the purpose of obtaining permission under sub-section (1), a person may submit a scheme to the Medical Assessment and Rating Board for Homoeopathy in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by regulations. (3) While considering the scheme received under sub-section _(2), the Medical Assessment and_ Rating Board for Homoeopathy shall have regard to the standards of education and research, the standards and norms for infrastructure and faculty, the guidelines on setting up of medical institutions and other requirements determined by the Homoeopathy Education Board, and pass an order either approving or disapproving the scheme within three months from the date of receipt of such scheme: Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be given to the person concerned. (4) Where a scheme is approved under sub-section (3), such approval shall be the permission under sub-section (1) to establish a new medical institution. (5) Where a scheme is disapproved under sub-section _(3) or where no order is passed within three_ months of submitting a scheme under sub-section (2), the person concerned may prefer an appeal to the Commission within fifteen days of such disapproval or, as the case may be, after lapse of three months, in such manner as may be specified by regulations. (6) Where the Commission has disapproved the scheme or no order has been passed within fifteen days from the date of preferring appeal under sub-section (5), the person concerned may prefer a second appeal to the Central Government within seven days of communication of such disapproval or, as the case 14 ----- may be, lapse of specified period of fifteen days. (7) The Medical Assessment and Rating Board for Homoeopathy may conduct evaluation and assessment of any University or medical institution at any time, either directly or through any other expert, having integrity and experience in medical profession without any prior notice and assess and evaluate the performance, standards and benchmarks of such University or medical institution. **30. Criteria for approving or disapproving scheme.—While approving or disapproving a scheme** under section 29, the Medical Assessment and Rating Board for Homoeopathy, or the Commission, as the case may be, shall take into consideration the following criteria, namely:— (a) adequacy of infrastructure and financial resources; (b) whether adequate academic faculty, non-teaching staff and other necessary facilities have been provided to ensure proper functioning of medical institution or would be provided within the timelimit specified in the scheme; (c) whether adequate hospital facilities have been provided or would be provided within the time limit specified in the scheme; (d) such other factors as may be prescribed: Provided that, subject to the previous approval of the Central Government, the criteria may be relaxed for the medical institutions which are set up in such areas as may be specified by the regulations. **31. State Medical Councils.—(1) The State Government shall, by notification, within three years of** the commencement of this Act, establish a State Medical Council for Homoeopathy in that State if no such Council exists in that State. (2) Where a State Act confers power upon the State Medical Council to take disciplinary actions in respect of any professional or ethical misconduct by a registered practitioner of Homoeopathy, the State Medical Council shall act in accordance with the regulations made, and the guidelines framed, under this Act: Provided that till such time as a State Medical Council for Homoeopathy is established in a State, the Board of Ethics and Registration for Homoeopathy shall receive the complaints and grievances relating to any professional or ethical misconduct against a registered practitioner of Homoeopathy in that State in accordance with such procedure as may be specified by regulations: Provided further that the Board of Ethics and Registration for Homoeopathy or, as the case may be, the State Medical Council shall give an opportunity of hearing to such practitioner before passing any order or taking any action, including imposition of any monetary penalty, against such person. (3) A practitioner of Homoeopathy who is aggrieved by the order passed or the action taken by–– (a) the State Medical Council under sub-section (2) may prefer an appeal to the Board of Ethics and Registration for Homoeopathy and the decision, if any, of the Board of Ethics and Registration for Homoeopathy thereupon shall be binding on such State Medical Council, unless a second appeal is preferred under sub-section (4); (b) the Board of Ethics and Registration for Homoeopathy under the first proviso to sub-section (2) may prefer an appeal to the Commission. (4) A medical practitioner of Homoeopathy who is aggrieved by the decision of the Board of Ethics and Registration for Homoeopathy, may prefer an appeal to the Commission within sixty days of communication of such decision. _Explanation.—For the purposes of this Act:—_ _(a)_ “State” includes Union territory and the expressions “State Government’’ and “State Medical Council for Homoeopathy”, in relation to a Union territory, shall respectively mean the “Central Government” and “Union Territory Medical Council for Homoeopathy”; 15 ----- _(b)_ the expression “professional or ethical misconduct” includes any act of commission or omission, as may be specified by regulations; **32. National Register and State Register of Homoeopathy.—(1) The Board of Ethics and** Registration for Homoeopathy shall maintain a National Register containing the name, address, all recognised qualifications possessed by a licensed medical practitioner of Homoeopathy and such other particulars as may be specified by regulations. (2) The National Register shall be maintained in such form, including in electronic form and in such manner as may be specified by regulations. (3) The manner in which any name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, shall be such as may be specified by the regulations. (4) The National Register shall be made available in the public by placing it on the website of the Board of Ethics and Registration for Homoeopathy. (5) Every State Medical Council shall maintain and regularly update the State Register in the specified electronic format and supply a physical copy of the same to the Board of Ethics and Registration for Homoeopathy within three months of the commencement of this Act. (6) The Board of Ethics and Registration for Homoeopathy shall ensure electronic synchronisation of the National Register and the State Register in such a manner that any change in one such register is automatically reflected in the other register. **33.** **Rights of persons to be enrolled in National Register and their obligations thereto.—(1)** Any person who has a recognised medical qualification in Homoeopathy under this Act and qualifies the National Exit Test held under section 15 shall have a licence to practice Homoeopathy and shall have his name and qualifications enrolled in the National Register or a State Register, as the case may be: Provided that a person who has been registered in the Central Register of Homoeopathy maintained under the Homoeopathy Central Council Act, 1973 (59 of 1973) prior to the coming into force of this Act and before the National Exit Test becomes operational under sub-section (3) of section 15, shall be deemed to have been registered under this Act and be enrolled first in the State Register and subsequently in the National Register maintained under this Act. (2) No person who has obtained a qualification in Homoeopathy from a medical institution established in any country outside India and is recognised as a medical practitioner of Homoeopathy in that country, shall, after the commencement of this Act and the National Exit Test for Homoeopathy becomes operational under sub-section (3) of section 15, be enrolled in the National Register for Homoeopathy, unless he qualifies the National Exit Test for Homoeopathy. (3) When a person whose name is entered in the State Register or the National Register, as the case may be, obtains any title, diploma or qualification for proficiency in sciences or medicine which is a recognised qualification under section 34 or section 35, as the case may be, he shall be entitled to have such title, diploma or qualification entered against his name in the State Register or the National Register, in such manner as may be specified by regulations. **34. Rights of persons to practice.—(1) No person other than a person who is enrolled in the State** Register or the National Register, as the case may be, shall— (a) be allowed to practice Homoeopathy as a qualified practitioner; (b) hold office as a physician or a surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon, as the case may be; (c) be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner; (d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to Homoeopathy: 16 ----- Provided that the Commission shall submit a list of such practitioners to the Central Government in such manner as may be prescribed: Provided further that a foreign citizen who is enrolled in his country as a practitioner of Homoeopathy in accordance with the law regulating the registration of such practitioners in that country may be permitted temporary registration in India for such period and in such manner as may be specified by regulations. (2) Any person who acts in contravention of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees, or with both. (3) Nothing contained in sub-section (2) shall affect,— (a) the right of a person enrolled on a State Register as practitioner of Homoeopathy to practice in any State merely on the ground that he does not possess, as on the date of commencement of this Act, a recognised medical qualification in Homoeopathy; (b) the right of a person who has been practicing Homoeopathy for not less than five years in a State, to continue to practice in that State in which a State Register of Homoeopathy is not maintained as on the date of commencement of this Act. CHAPTER VI RECOGNITION OF QUALIFICATIONS OF HOMOEOPATHY **35. Recognition of qualifications granted by Universities or medical institutions in India.—(1)** The medical qualifications in Homoeopathy at undergraduate or postgraduate or super-speciality level granted by any University or medical institution in India shall be listed and maintained by the Homoeopathy Education Board, in such manner as may be specified by regulations and such medical qualification shall be a recognised qualification for the purposes of this Act. (2) Any University or medical institution in India which grants an undergraduate or postgraduate or super-speciality qualification in Homoeopathy not included in the list maintained by the Homoeopathy Education Board, may apply to that Board for granting recognition to such qualification. (3) The Homoeopathy Education Board shall examine the application for grant of recognition within period of six mnths in such manner as may be specified by regulations. (4) Where the Homoeopathy Education Board decides to grant recognition to the qualification in Homoeopathy, it shall include such qualification in the list maintained by it and shall also specify therein the date of effect of such recognition, otherwise it shall communicate its decision not to grant recognition to the concerned University or medical institution. (5) The aggrieved University or the medical institution may prefer an appeal to the Commission within a period of sixty days from the date of communication of the decision of Homoeopathy Education Board in such manner as may be specified by regulations. (6) The Commission shall examine the appeal received under sub-section (5) within a period of two months and if it decides that recognition may be granted to such medical qualification, it may direct the concerned Board to include such qualification in the list maintained by that Board in such manner as may be specified by regulations. (7) Where the Commission decides not to grant recognition under sub-section (6) or fails to decide within the specified period, the aggrieved University or medical institution concerned may prefer a second appeal to the Central Government within a period of thirty days of the communication of such decision or lapse of specified period, as the case may be. (8) All medical qualifications which have been recognised before the date of commencement of this Act and are included in the Second Schedule to the Homoeopathy Central Council Act, 1973 (59 of 1973), shall also be listed and maintained by the Homoeopathy Education Board, in such manner as may be specified by regulations. 17 ----- **36. Recognition of medical qualifications granted by medical institutions outside India.—(1)** Where an authority in any country outside India which, by the law of that country, is entrusted with the recognition of qualifications of Homoeopathy in that country, makes an application to the Commission for granting recognition to such qualification in India, the Commission may, subject to such verification as it deems necessary, either grant or refuse to grant recognition to that medical qualification. (2) Where the Commission grants recognition to any medical qualification under sub-section (1), such qualification shall be a recognised qualification for the purposes of this Act and shall be included in the list maintained by the Commission in such manner as may be specified: Provided that in case the Commission decides not to grant recognition to any qualification, the Commission shall give a reasonable opportunity of being heard to such authority before refusing to grant such recognition. (3) Where the Commission refuses to grant recognition to a medical qualification under sub-section _(2), the authority concerned may prefer an appeal to the Central Government for grant of recognition._ (4) All qualifications which have been recognised before the date of commencement of this Act and are included in the Third Schedule to the Homoeopathy Central Council, Act, 1973 (59 of 1973) shall also be recognised medical qualifications for the purposes of this Act and shall be listed and maintained by the Commission in such manner as may be specified by regulations. **37.** **Withdrawal of recognition or de-recognition of qualification.—(1) Where, upon a report** received from the Medical Assessment and Rating Board for Homoeopathy or otherwise, it appears to the Commission that— (a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a University or medical institution do not conform to the standards specified by Homoeopathy Education Board; or (b) the standards and norms for infrastructure, faculty and quality of education in medical institutions as determined by the Homoeopathy Education Board are not adhered to by any University or medical institution, and such University or medical institution has failed to take necessary corrective action to maintain specified minimum standards, the Commission may initiate action in accordance with the provisions of sub-section (2): Provided that the Commission shall, before, taking any action for suo motu withdrawal of recognition granted to the medical qualification awarded by a University or medical institution, impose penalty in accordance with the provisions of clause (f) of sub-section (1) of section 28. (2) The Commission shall, after making such further inquiry as it deems fit, and after holding consultations with the State Government and the authority of the concerned University or medical institution, comes to the conclusion that the recognition granted to a medical qualification ought to be withdrawn, it may, by order, withdraw recognition granted to such medical qualification and direct the Homoeopathy Education Board to amend the entries against the University or medical institution concerned in the list maintained by that Board to the effect that the recognition granted to such qualification is withdrawn with effect from the date specified in that order. (3) If the Commission, after verification with the authority in any country outside India, is of the opinion that a recognised medical qualification which is included in the list maintained by it is to be derecognised, it may, by order, de-recognise such medical qualification and remove it from the list maintained by the Commission with effect from the date of such order. **38. Special provision in certain cases for recognition of qualifications.—Where the Commission** deems it necessary so to do, it may, by notification, direct that any qualification in Homoeopathy granted by a medical institution outside India, after such date, as may be specified in that notification, shall be recognised qualification for the purposes of this Act: Provided that medical practice by a person possessing such qualification shall be permitted only if such person has been enrolled as a medical practitioner in accordance with the law regulating the 18 ----- registration of medical practitioner for the time being in force in that country: Provided further that medical practice by a person possessing such qualification shall be limited to such period as may be specified in that order: Provided also that medical practice by a person possessing such qualification shall be permitted only if such person qualifies National Exit Test. CHAPTER VII GRANTS, AUDIT AND ACCOUNTS **39. Grants by Central Government.—The Central Government may, after due appropriation made by** Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central Government may think fit. **40. National Commission Fund for Homoeopathy.—(1) There shall be constituted a fund to be** called “the National Commission Fund for Homoeopathy” and there shall be credited thereto— (a) all Government grants, fees, penalties and charges received by the Commission and the Autonomous Boards; (b) all sums received by the Commission from such other source as may be decided by it. (2) The fund shall be applied for making payment towards— _(a) The salaries and allowances payable to the Chairperson and Members of the Commission,_ Presidents and Members of the Autonomous Boards and administrative expenses including the salaries and allowances payable to the officers and other employees of the Commission and the Autonomous Boards; (b) the expenses incurred or to be incurred in carrying out the provisions of this Act including in connection with the discharge of the functions of the Commission and the Autonomous Boards. **41. Audit and accounts.—(1)** The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor- General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other persons appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and in particular, shall have the right to demand the production of, and complete access to, records, books, accounts, connected vouchers and other documents and papers and to inspect the office of the Commission. (4) The accounts of the Commission as certified by the Comptroller and Auditor- General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually by the Commission to the Central Government which shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament. **42. Furnishing of returns and reports to Central Government.—(1) The Commission shall furnish** to the Central Government, at such time, in such form and in such manner, as may be prescribed or as the Central Government may direct, such reports and statements and such particulars in regard to any matter under the jurisdiction of the Commission, as the Central Government may, from time to time, require. (2) The Commission shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government. 19 ----- (3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament. CHAPTER VIII MISCELLANEOUS **43. Power of Central Government to give directions to Commission and Autonomous** **Boards.—(1) Without prejudice to the foregoing provisions of this Act, the Commission and the** Autonomous Boards shall, in exercise of their powers and discharge of their functions under this Act be bound by such directions on questions of policy as the Central Government may give in writing to them from time to time: Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section. _(2) The decision of the Central Government whether a question is one of policy or not shall be final._ **44. Power of Central Government to give directions to State Governments.—The Central** Government may give such directions, as it may deem necessary, to a State Government for carrying out all or any of the provisions of this Act and the State Government shall comply with such directions. **45. Information to be furnished by Commission and publication thereof.—(1) The Commission** shall furnish such reports, copies of its minutes, abstracts of its accounts and other information to the Central Government as that Government may require. (2) The Central Government may publish, in such manner as it may think fit, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1). **46. Obligation of Universities and medical institutions.—Every University and medical** institutions covered under this Act shall maintain a website at all times and display in its website all such information as may be required by the Commission or an Autonomous Board, as the case may be. **47. Completion of courses of studies in medical institutions.—(1) Notwithstanding anything** contained in this Act, any student who was studying for a degree or diploma in any medical institution immediately before the commencement of this Act shall continue to so study and complete his course for such degree or diploma, and such institution shall continue to provide instructions and hold examination for such student in accordance with the syllabus and studies as existed before such commencement, and such student shall be deemed to have completed his course of study under this Act and shall be awarded degree or diploma under this Act. (2) Notwithstanding anything contained in this Act, where recognition granted to a medical institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, such medical institution shall continue to maintain and provide the minimum standards as approved by the Commission till such time as all the candidates are able to complete their study in that institution. **48. Chairperson, Members, officers of Commission, Autonomous Boards to be public** **servants.—The Chairperson, Members, officers and other employees of the Commission, President and** Members of Autonomous Boards shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **49. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Government, the Commission or any Autonomous Board or a State Medical Council or any Committee thereof, or any officer or other employee of the Government or of the Commission acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. **50. Cognizance of offences.—No Court shall take cognizance of an offence punishable under this** Act except upon a complaint in writing made in this behalf by an officer authorised by the Commission or the Ethics and Registration Board or a State Medical Council, as the case may be. 20 ----- **51. Power of Central Government to supersede Commission.—(1) If, at any time, the Central** Government is of opinion that–– (a) the Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or (b) the Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act, the Central Government may, by notification in the Official Gazette, supersede the Commission for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission. (2) Upon the publication of a notification under sub-section (1) superseding the Commission,–– (a) all the Members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Commission, shall, until the Commission is reconstituted under sub-section _(3), be exercised and discharged by such person or persons as the_ Central Government may direct; (c) all property owned or controlled by the Commission shall, until the Commission is re constituted under sub-section (3), vest in the Central Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section _(1), the Central Government may,—_ (a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or (b) re-constitute the Commission by fresh appointment and in such case the Members who vacated their offices under clause _(a) of sub-section_ _(2) shall not be deemed disqualified for_ appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section _(1) or as extended under this sub-_ section, take action under clause (b) of this sub-section. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity. **52. Joint sittings of Commission, National Commission for Indian Systems of Medicine and** **National Medical Commission.—(1) There shall be a joint sitting of the Commission, the National** Commission for Indian System of Medicine and the National Medical Commission, at least once a year, at such time and place as they mutually appoint, to enhance the interface between Homoeopathy, Indian System of Medicine and modern system of medicine. (2) The Agenda for the joint sitting may be placed with mutual agreement by the Chairpersons of the Commissions concerned. (3) The joint sitting may, by an affirmative vote of all members present and voting, decide on approving specific educational and medical modules or programmes that could be introduced in the undergraduate and postgraduate courses across medical systems, and promote medical pluralism. **53. State Government to promote public health.—Every State Government may, for the purposes of** addressing or promoting public health, take necessary measures to enhance the capacity of the healthcare professionals. 21 ----- **54. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:–– (a) the manner of appointing ten Members of the Commission on rotational basis from amongst the nominees of the States and Union territories in the Advisory Council under clause _(b) of_ sub-section (4) of section 4; (b) the manner of appointing members under clause (c) of sub-section (4) of section 4; (c) the manner of nominating one expert by the Central Government under clause _(c) of_ sub-section (1) of section 5; (d) the salary and allowances payable to, and other terms and conditions of service of, the Chairperson and Members under sub-section (4) of section 6; (e) the form and the manner of making declaration under sub-section (6) of section 6; (f) the qualifications and experience to be possessed by Secretary under sub-section _(2) of_ section 8; (g) the salaries and allowances payable to, and other terms and conditions of the Secretary, officers and other employees of the Commission under sub-section (6) of section 8; (h) the other powers to be exercised and other functions to be performed by the Commission under clause (j) of sub-section (1) of section 10; (i) the salary and allowances payable to, and other terms and conditions of service of, the President and Members of an Autonomous Board under sub-section (2) of section 21; (j) the other factors under clause (d) of section 30; (k) the manner of submitting list of practitioners under the first proviso to sub-section _(1) of_ section 34; (l) the form for preparing annual statement of accounts under sub-section (1) of section 41; (m) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the Commission and the particulars with regard to any matter as may be required by the Central Government under sub-section (1) of section 42; (n) the form and the time for preparing annual report under sub-section (2) of section 42; (o) the compensation for the premature termination of employment under the second proviso to sub-section (3) of section 58; (p) any other matter in respect of which provision is to be made by rules. **55. Power to make regulations.—(1) The Commission may, by notification, make regulations** consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the functions to be discharged by the Secretary of the Commission under sub-section (4) of section 8; (b) the procedure in accordance with which experts and professionals may be engaged and the number of such experts and professionals under sub-section (7) of section 8; (c) the procedure to be followed at the meetings of Commission, including the quorum at its meetings under sub-section (3) of section 9; 22 ----- (d) the quality and standards to be maintained in education of Homoeopathy under clause (a) of sub-section (1) of section 10; (e) the manner of regulating medical institutions, medical researches and medical professionals under clause (b) of sub-section (1) of section 10; (f) the manner of regulating functioning of the Commission, the Autonomous Boards and the State Medical Councils under clause (d) of sub-section (1) of section 10; (g) the procedure to be followed at the meetings of the Medical Advisory Council, including the quorum at its meetings under sub-section (3) of section 13; (h) the other languages in which, the designated authority through which, and the manner in which the National Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of section 14; (i) the manner of conducting common counselling by the designated authority for admission to medical institutions under sub-section (3) of section 14; (j) the other languages in which, the designated authority through which, and the manner in which, the National Exit Test shall be conducted under sub-section (2) of section 15; (k) the manner in which a person with foreign medical qualification shall qualify National Exit Test under sub-section (4) of section 15; (l) the other languages in which, the designated authority through which, and the manner in which admission to postgraduate courses shall be conducted under sub-section (2) of section 16; (m) the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in all medical institutions under sub-section (3) of section 16; (n) the manner of conducting the National Teachers’ Eligibility Test for Homoeopathy and the designated authority through whom such test shall be conducted under sub-section (2) of section 17; (o) the number of, and the manner in which, experts, professionals, officers and other employees shall be made available by the Commission to the Autonomous Boards under section 23; (p) the manner in which decisions of the Autonomous Boards shall be made under sub-section (2) of section 24; (q) the competency based dynamic curriculum at all levels under clause (b) of sub-section (1) of section 26; (r) the manner of setting up of medical institutions for imparting undergraduate, postgraduate and super-speciality courses in Homoeopathy under clause (c) of sub-section (1) of section 26; (s) the minimum requirements and standards for conducting courses and examinations in medical institutions under clause (d) of sub-section (1) of section 26; (t) the standards and norms for infrastructure, faculty and quality of education and research in medical institutions of Homoeopathy under clause (e) of sub-section (1) of section 26; (u) the manner of regulating professional conduct and promoting medical ethics under clause (b) of sub-section (1) of section 27; (v) the procedure for assessment and rating of the medical institutions under clause (a) of sub section (1) of section 28; 23 ----- (w) the manner of carrying out inspections of medical institutions for assessing and rating under clause (c) of sub-section (1) of section 28; (x) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assess and rate all medical institutions under clause (d) of sub-section (1) of section 28; (y) the manner of making available on website or in public domain the assessment and ratings of medical institutions under clause (e) of sub-section (1) of section 28; (z) the measures to be taken against a medical institution for failure to maintain the minimum essential standards under clause (f) of sub-section (1) of section 28; _(za) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of_ submitting scheme for establishing new medical college under sub-section (2) of section 29; (zb) the manner of preferring an appeal to the Commission for approval of the scheme under sub section (5) of section 29; (zc) the areas in respect of which criteria may be relaxed under the proviso to section 30; (zd) the manner of taking disciplinary action by a State Medical Council for professional or ethical misconduct of registered medical practitioner and the procedure for receiving complaints and grievances by the Board of Ethics and Registration for Homoeopathy, under sub-section (2) of section 31; (ze) the act of commission or omission which amounts to professional or ethical misconduct under clause (b) of the Explanation to section 31; (zf) other particulars to be contained in a National Register under sub-section (1) of section 32; (zg) the form, including the electronic form and the manner of maintaining the National Register under sub-section (2) of section 32; (zh) the manner in which any name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, under sub-section (3) of section 32; (zi) the manner of entering the title, diploma or qualification in the State Register or the National Register under sub-section (3) of section 33; (zj) the manner in which, and the period for which temporary registration may be permitted to a foreign citizen under the second proviso to sub-section (1) of section 34; (zk) the manner of listing and maintaining medical qualifications granted by a University or medical institution in India under sub-section (1) of section 35; (zl) the manner of examining the application for grant of recognition under sub-section _(3) of_ section 35; (zm) the manner of preferring an appeal to the Commission for grant of recognition under sub-section _(5) of section 35;_ (zn) the manner of including a medical qualification in the list maintained by the Board under sub section (6) of section 35; (zo) the manner in which the Homoeopathy Education Board shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this Act, under sub-section (8) of section 35; 24 ----- (zp) the manner in which the Commission shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this Act, under sub-section (4) of section 36. **56. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation. Shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **57. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary, for the removing of the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **58. Repeal and saving.— (1) With effect from such date as the Central Government may, by** notification, appoint in this behalf, the Homoeopathy Central Council Act, 1973 (59 of 1973) shall stand repealed and the Central Council of Homoeopathy constituted under section 3 of the said Act shall stand dissolved. (2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,–– (a) the previous operation of the Acts so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any penalty incurred in respect of any contravention under the Act so repealed; or (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed. (3) On the dissolution of the Central Council of Homoeopathy, the person appointed as the Chairman of that Council and every other person appointed as the Member and any officer and other employees of the Council and holding office as such immediately before such dissolution shall vacate their respective offices and such Chairman and other Members shall be entitled to claim compensation not exceeding three months’ pay and allowances for the premature termination of term of their office or of any contract of service: Provided that any officer or other employee who has been, immediately before the dissolution of the Central Council of Homoeopathy appointed on deputation basis to the Central Council of Homoeopathy, shall, on such dissolution, stand reverted to their parent cadre, Ministry or Department, as the case may be: Provided further that any officer, expert, professional or other employee who has been, immediately before the dissolution of the Central Council of Homoeopathy employed on regular basis or on contractual basis by the Council, shall cease to be such officer, expert, professional or other employees of the Central Council and shall be entitled to such compensation for the premature termination of his employment, which shall not be less than three months’ pay and allowances, as may be prescribed. 25 ----- (4) Notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practice issued, any registration made, any permission to start new medical institution or to start higher course of studies or to increase in the admission capacity granted, any recognition of medical qualifications granted, under the Homoeopathy Central Council Act, 1973 (59 of 1973) which are in force as on the date of commencement of this Act shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this Act or the rules or regulations made thereunder. 1[(5) Notwithstanding the expiration of the period for reconstitution of the Central Council under section 3A of the Homoeopathy Central Council Act, 1973 (59 of 1973), as inserted by the Homoeopathy Central Council (Amendment) Act, 2018 (23 of 2018), all acts done by the Board of Governors constituted under sub-section (4) of that section and all the powers and functions of the Central Council exercised and performed by it under the repealed Act, as amended by the Homoeopathy Central Council (Amendment) Ordinance, 2021 (Ord. 6 of 2021), immediately before the commencement of this Act, shall be deemed to have been done or taken under the provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act.] **59. Transitory provisions.—(1) The Commission shall be the successor in interest to the Central** Council of Homoeopathy including its subsidiaries or owned trusts and all the assets and liabilities of the Central Council of Homoeopathy shall be deemed to have been transferred to the Commission. (2) Notwithstanding the repeal of the Homoeopathy Central Council Act 1973, the educational and medical standards, requirements and other provisions of the Homoeopathy Central Council Act, 1973 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder: Provided that anything done or any action taken as regards the educational and medical standards and requirements under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly unless and until superseded by anything or by any action taken under this Act. (3) The Central Government may take such measures, as may be necessary, for the smooth transition of the dissolved Central Council of Homoeopathy to the corresponding to new Commission under this Act. ____ 1. Ins. by Act 39 of 2021, s. 2 (w.e.f. 18-8-2021). 26 -----

20-Sep-2020

14

The National Commission for Indian System of Medicine Act, 2020

https://www.indiacode.nic.in/bitstream/123456789/15622/1/AA2020__14national.pdf

central

THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE ACT, 2020 _______ ARRANGEMENT OF SECTIONS Last updated: 17-9-2021 CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE 3. Constitution of National Commission for Indian System of Medicine. 4. Composition of Commission. 5. Search Committee for appointment of Chairperson and Members. 6. Term of office and conditions of service of Chairperson and Members. 7. Removal of Chairperson and Members of Commission. 8. Appointment of Secretary, experts, professionals, officers and other employees of Commission. 9. Meetings of Commission. 10. Power and functions of Commission. CHAPTER III ADVISORY COUNCIL FOR INDIAN SYSTEM OF MEDICINE 11. Constitution and composition of Advisory Council for Indian System of Medicine. 12. Functions of Advisory Council for Indian System of Medicine. 13. Meetings of Advisory Council for Indian System of Medicine. CHAPTER IV NATIONAL EXAMINATION 14. National Eligibility-cum-Entrance Test. 15. National Exit Test. 16. Post-Graduate National Entrance Test. 17. National Teachers’ Eligibility Test for Indian System of Medicine. CHAPTER V AUTONOMOUS BOARDS 18. Constitution of Autonomous Boards. 19. Composition of Autonomous Boards. 20. Search Committee for appointment of President and Members. 1 ----- SECTIONS 21. Term of office and conditions of service of President and Members. 22. Advisory Committees of experts. 23. Staff of Autonomous Boards. 24. Meetings, etc., of Autonomous Boards. 25. Delegation of powers. 26. Powers and functions of Autonomous Boards. 27. Powers and functions of Board of Ethics and Registration for Indian System of Medicine. 28. Powers and functions of Medical Assessment and Rating Board for Indian System of Medicine. 29. Permission for establishment of new medical institution. 30. Criteria for approving or disapproving scheme. 31. State Medical Council. 32. National Register and State Register of Indian System of Medicine. 33. Rights of persons to be enrolled in National Register and their obligations thereto. 34. Rights of persons to practice. CHAPTER VI RECOGNITION OF QUALIFICATIONS OF INDIAN SYSTEM OF MEDICINE 35. Recognition of qualifications granted by Universities or medical institutions in India. 36. Recognition of medical qualifications granted by medical institutions outside India. 37. Withdrawal of recognition or de-recognition of qualification. 38. Special provision in certain cases for recognition of qualifications. CHAPTER VII GRANTS, AUDIT AND ACCOUNTS 39. Grants by Central Government. 40. National Commission Fund for Indian System of Medicine. 41. Audit and accounts. 42. Furnishing of returns and reports to Central Government. CHAPTER VIII MISCELLANEOUS 43. Power of Central Government to give directions to Commission and Autonomous Boards. 44. Power of Central Government to give directions to State Governments. 45. Information to be furnished by Commission and publication thereof. 46. Obligation of Universities and medical institutions. 2 ----- SECTIONS 47. Completion of courses of studies in medical institutions. 48. Chairperson, Members, officers of Commission and of Autonomous Boards to be public servants. 49. Protection of action taken in good faith. 50. Cognizance of offences. 51. Power of Central Government to supersede Commission. 52. Joint sittings of Commission, National Commission for Homoeopathy and National Medical Commission. 53. State Government to promote public health. 54. Power to make rules. 55. Power to make regulations. 56. Rules and regulations to be laid before Parliament. 57. Power to remove difficulties. 58. Repeal and saving. 59. Transitory provisions. 3 ----- THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE ACT, 2020 ACT NO. 14 OF 2020 [20th September, 2020.] An Act to provide for a medical education system that improves access to quality and affordable medical education, ensures availability of adequate and high quality medical professionals of Indian System of Medicine in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of such medical professionals accessible and affordable to all the citizens; that promotes national health goals; that encourages such medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register of Indian System of Medicine for India and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to the changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the National Commission** for Indian System of Medicine Act, 2020. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Autonomous Board” means any of the Autonomous Boards constituted under section 18; (b) “Board of Ayurveda” means the Board constituted under section 18; (c) “Board of Ethics and Registration for Indian System of Medicine” means the Board constituted under section 18; (d) “Board of Unani, Siddha and Sowa-Rigpa” means the Board constituted under section 18; (e) “Chairperson” means the Chairperson of the National Commission for Indian System of Medicine appointed under section 5; (f) “Commission” means the National Commission for Indian System of Medicine constituted under section 3; (g) “Council” means the Advisory Council for Indian System of Medicine constituted under section 11; 1. 7th October, 2020— S. 3,4,5,6,8,11,18,19,20,21,54 and 55 vide notification No. S.O. 3483(E), dated 7th October, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). **11[th] June, 2021— (All the remaining provisions)** _vide notification No. S.O. 2278(E), dated 11[th] June, 2021._ _see_ Gazette of India, Extraordinary, Part II, sec. 3 (ii). 4 ----- (h) “Indian System of Medicine” means the Ashtang Ayurveda, Unani, Siddha and Sowa-Rigpa Systems of Medicine supplemented by such modern advances, scientific and technological development as the Commission may, in consultation with the Central Government, declare by notification from time to time; (i) “licence” means a licence to practice any of the Indian System of Medicine granted under sub-section (1) of section 33; (j) “Medical Assessment and Rating Board for Indian System of Medicine” means the Board constituted under section 18; (k) “medical institution” means any institution within or outside India which, grants degrees, diplomas or licences in Indian System of Medicine and includes affiliated colleges and deemed to be Universities; (l) “Member” means a Member of the Commission referred to in section 4 and includes the Chairperson thereof; (m) “National Register” means a National Medical Register for Indian System of Medicine maintained by the Board of Ethics and Registration for Indian System of Medicine under section 32; (n) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (o) “prescribed” means prescribed by rules made under this Act; (p) “President” means the President of an Autonomous Board appointed under section 20; (q) “regulations” means the regulations made by the Commission under this Act; (r) “State Medical Council” means a State Medical Council of Indian System of Medicine constituted under any law for the time being in force in any State or Union territory for regulating the practice and registration of practitioners of Indian System of Medicine in that State or Union territory; (s) “State Register” means a State Register for Indian System of Medicine maintained under any law for the time being in force in any State or Union territory for registration of practitioners of Indian System of Medicine; (t) “University” shall have the same meaning as assigned to it in clause (f) of section 2 of the University Grants Commission Act, 1956 (3 of 1956) and includes a health university. CHAPTER II NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE **3. Constitution of National Commission for Indian System of Medicine.—(1) The Central** Government shall, by notification, constitute a Commission, to be known as the National Commission for Indian System of Medicine, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act. (2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the Commission shall be at New Delhi. **4. Composition of Commission.—(1) The Commission shall consist of the following persons,** namely:–– (a) a Chairperson; 5 ----- (b) fifteen ex officio Members; and (c) twenty-three part-time Members. _(2) The Chairperson shall be a person of outstanding ability, proven administrative capacity and_ integrity, possessing a postgraduate degree in any of the disciplines of Indian System of Medicine from a recognised University and having experience of not less than twenty years in any field of Indian System of Medicine, out of which at least ten years shall be as a leader in the area of healthcare delivery, growth and development of Indian System of Medicine or its education. (3) The following persons shall be appointed by the Central Government as ex officio Members of the Commission, namely:— (a) the President of the Board of Ayurveda; (b) the President of the Board of Unani, Siddha and Sowa-Rigpa; (c) the President of the Medical Assessment and Rating Board for Indian System of Medicine; (d) the President of the Board of Ethics and Registration for Indian System of Medicine; (e) Advisor (Ayurveda) or Joint Secretary to the Government of India in-charge of Ayurveda and Advisor (Unani) or Joint Secretary to the Government of India in-charge of Unani, in the Ministry of AYUSH; (f) the Director, All India Institute of Ayurveda, New Delhi; (g) the Director General, Central Council for Research in Ayurvedic Sciences, New Delhi; (h) the Director General, Central Council for Research in Unani Medicine, New Delhi; (i) the Director General, Central Council for Research in Siddha, Chennai; (j) the Director, National Institute of Siddha, Chennai; (k) the Director, National Institute of Unani, Bengaluru; (l) the Director, North Eastern Institute on Ayurveda and Homoeopathy, Shillong; (m) the Director, Institute of Post Graduate Teaching and Research in Ayurveda, Jamnagar; and (n) the Director, National Institute of Ayurveda, Jaipur. (4) The following persons shall be appointed by the Central Government as part-time Members of the Commission, namely:— (a) four Members to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in any of the disciplines of Indian System of Medicine, Sanskrit, Urdu, Tamil, management, law, health research, science and technology and economics; (b) ten Members to be appointed on rotational basis from amongst the nominees of the States and Union territories in the Advisory Council for Indian System of Medicine for a term of two years in such manner as may be prescribed; (c) six members from Ayurveda, one member each from Siddha, Unani and Sowa-Rigpa, to be appointed from amongst the nominees of the States and Union territories, under clause (d) of sub-section (2) of section 11, in the Advisory Council for Indian System of Medicine, for a term of two years in such manner as may be prescribed: 6 ----- Provided that no Member shall either himself or through any of his family members, directly or indirectly, own or be associated with or have any dealings with the managing body of a private or nongovernment medical institution which is regulated under this Act. _Explanation.––For the purpose of this section and section 19, the term “leader” means the Head of a_ Department or the Head of an Organisation. **5. Search Committee for appointment of Chairperson and Members.—(1) The Central** Government shall appoint the Chairperson, referred to in section 4 and the President of the Autonomous Boards referred to in section 20 on the recommendation of a Search Committee consisting of— (a) the Cabinet Secretary—Chairperson; (b) two experts, possessing outstanding qualifications and experience of not less than twenty-five years in any of the fields of Indian System of Medicine, to be nominated by the Central Government—Members; (c) one expert, from amongst the Members referred to in clause (c) of sub-section (4) of section 4, to be nominated by the Central Government in such manner as may be prescribed—Member; (d) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of Sanskrit, Urdu, Tamil, health research, management, law, economics or science and technology, to be nominated by the Central Government—Member; (e) the Secretary to the Government of India in charge of the Ministry of AYUSH, to be the Convenor—Member: Provided that for selection of part-time Members of the Commission referred to in clause (a) of sub section (4) of section 4, the Secretary referred to in section 8 and other Members of the Autonomous Boards referred to in section 20, the Search Committee shall consist of Members specified in the clauses (b) to (d) and Joint Secretary to the Government of India in the Ministry of AYUSH as ConvenorMember and chaired by Secretary to the Government of India in charge of the Ministry of AYUSH. (2) The Central Government shall, within one month from the date of occurrence of any vacancy, including by reason of death, resignation or removal of the Chairperson or a Member, or within three months before the end of tenure of the Chairperson or Member, make a reference to the Search Committee for filling up of the vacancy. (3) The Search Committee shall recommend a panel of at least three names for every vacancy referred to it. (4) Before recommending any person for appointment as the Chairperson or a Member of the Commission, the Search Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Member. (5) No appointment of the Chairperson or Member shall be invalid merely by reason of any vacancy or absence of a Member in the Search Committee. (6) Subject to the provisions of sub-sections (2) to (5), the Search Committee may regulate its own procedure. **6. Term of office and conditions of service of Chairperson and Members.––(1) The Chairperson** and Members (other than _ex officio Members) and Members appointed under clauses (b) and (c) of_ sub- section (4) of section 4 shall hold office for a term not exceeding four years and shall not be eligible for any extension or re-appointment: Provided that such person shall cease to hold office after attaining the age of seventy years. 7 ----- (2) The term of office of an ex officio Member shall continue as long as he holds the office by virtue of which he is such Member. (3) Where a Member, other than an _ex officio Member, is absent from three consecutive ordinary_ meetings of the Commission and the cause of such absence is not attributable to any valid reason in the opinion of the Commission, such Member shall be deemed to have vacated the seat. (4) The salary and allowances payable to and other terms and conditions of service of the Chairperson and Member, other than an ex officio Member, shall be such as may be prescribed. (5) The Chairperson or a Member may,–– (a) relinquish his office by giving in writing a notice of not less than three months to the Central Government; or (b) be removed from his office in accordance with the provisions of section 7: Provided that such person may be relieved from duties earlier than three months or allowed to continue beyond three months until a successor is appointed, if the Central Government so decides. (6) The Chairperson and every Member of the Commission shall make declaration of his assets and liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement, in such form and manner as may be prescribed, and such declaration shall be published on the website of the Commission. (7) The Chairperson or a Member, ceasing to hold office as such, shall not accept, for a period of two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private Medical institution of Indian System of Medicine or, whose matter has been dealt with by such Chairperson or Member, directly or indirectly: Provided that nothing contained herein shall be construed as preventing such person from accepting an employment in a body or institution including Medical institution of Indian System of Medicine, controlled or maintained by the Central Government or a State Government. (8) Nothing in sub-section (7) shall prevent the Central Government from permitting the Chairperson or a Member to accept any employment in any capacity, including as a consultant or an expert, in any private Medical institution of Indian System of Medicine, whose matter has been dealt with by such Chairperson or Member. **7. Removal of Chairperson and Members of Commission.––(1) The Central Government may, by** order, remove from office, the Chairperson or any other Member, who— (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as the Chairperson or a Member; or (d) is of unsound mind and stands so declared by a competent court; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (f) has so abused his position as to render his continuance in office prejudicial to public interest. (2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter. 8 ----- **8. Appointment of Secretary, experts, professionals, officers and other employees of** **Commission.––(1) There shall be a Secretariat for the Commission to be headed by a Secretary, to be** appointed by the Central Government in accordance with the provisions of section 5. (2) The Secretary of the Commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribed. (3) The Secretary shall be appointed by the Central Government for a term of four years and he shall not be eligible for any extension or re-appointment. (4) The Secretary shall discharge such functions of the Commission as are assigned to him by the Commission and as may be specified by regulations made under this Act. (5) The Commission may appoint such officers and other employees, as it considers necessary, against the posts created by the Central Government for the efficient discharge of its functions under this Act. (6) The salaries and allowances payable to, and other terms and conditions of service of the Secretary, officers and other employees of the Commission shall be such as may be prescribed. (7) The Commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of Indian System of Medicine, and experience in fields including medical education in Indian System of Medicine, public health, management, economics, accreditation, patient advocacy, health research, science and technology, administration, finance, accounts or law as it deems necessary, to assist the Commission in the discharge of its functions under this Act. **9. Meetings of Commission.––(1) The Commission shall meet at least once every quarter at such** time and place as may be appointed by the Chairperson. (2) The Chairperson shall preside at the meeting of the Commission and if, for any reason, the Chairperson is unable to attend a meeting of the Commission, any Member being the President of the Autonomous Boards, nominated by the Chairperson shall preside at the meeting. (3) Unless the procedure to be followed at the meetings of the Commission is otherwise provided by regulations, one-half of the total number of Members of the Commission including the Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the members, present and voting and in the event of equality of votes, the Chairperson or in his absence, the President of the Autonomous Board nominated under sub-section (2), shall have the casting vote. (4) The general superintendence, direction and control of the administration of the Commission shall vest in the Chairperson. (5) No act or proceeding of the Commission shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Commission; or (b) any defect in the appointment of a person acting as a Chairperson or as a Member. (6) A person who is aggrieved by any decision of the Commission, except the decision rendered under sub-section (4) of section 31, may prefer an appeal to the Central Government against such decision within fifteen days of the communication of such decision. **10. Power and functions of Commission.––(1) The Commission shall perform the following** functions, namely:— (a) lay down policies for maintaining a high quality and high standards in education of Indian System of Medicine and make necessary regulations in this behalf; 9 ----- (b) lay down policies for regulating medical institutions, medical researches and medical professionals and make necessary regulations in this behalf; (c) assess the requirements in healthcare, including human resources for health and healthcare infrastructure and develop a road map for meeting such requirements; (d) frame guidelines and lay down policies by making such regulations as may be necessary for the proper functioning of the Commission, the Autonomous Boards and the State Medical Councils of Indian System of Medicine; (e) ensure coordination among the Autonomous Boards; (f) take such measures, as may be necessary, to ensure compliance by the State Medical Councils of Indian System of Medicine of the guidelines framed and regulations made under this Act for their effective functioning under this Act; (g) exercise appellate jurisdiction with respect to decisions of the Autonomous Boards; (h) ensure observance of professional ethics in Medical profession and to promote ethical conduct during the provision of care by medical practitioners; (i) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of seats in private medical institutions and deemed to be Universities which are governed under the provisions of this Act; (j) exercise such other powers and perform such other functions as may be prescribed. (2) All orders and decisions of the Commission shall be authenticated by signature of the Secretary and the Commission may delegate such of its powers on administrative and financial matters, as it deems fit, to the Secretary. (3) The Commission may constitute sub-committees and delegate such of its powers to them as may be necessary to enable them to accomplish specific tasks. CHAPTER III ADVISORY COUNCIL FOR INDIAN SYSTEM OF MEDICINE **11. Constitution and composition of Advisory Council for Indian System of Medicine.––(1) The** Central Government shall, by notification, constitute an advisory body to be known as the Advisory Council for Indian System of Medicine. (2) The Council shall consist of a Chairperson and the following members, namely:— (a) the Chairperson of the Commission shall be the ex officio Chairperson of the Council; (b) every Member of the Commission shall be ex officio member of the Council; (c) one member, to represent each State, who is the Vice-Chancellor of a University in that State, possessing qualifications in the Indian System of medicine, to be nominated by that State Government, and one member to represent each Union territory, who is the Vice-chancellor of a University in that Union territory, possessing qualifications in the Indian System of Medicine, to be nominated by the Ministry of Home Affairs in the Government of India: Provided that where the Vice-Chancellor possessing qualifications in the Indian System of Medicine is not available, a Dean or a Head of Faculty possessing qualifications in the Indian System of Medicine shall be nominated; (d) one member to represent each State and each Union territory from amongst elected members of the State Medical Council of Indian System of Medicine, to be nominated by that State Medical Council; 10 ----- (e) the Chairman, University Grants Commission; (f) the Director, National Assessment and Accreditation Council; (g) four Members to be nominated by the Central Government from amongst persons holding the post of Director in the Indian Institutes of Technology, Indian Institutes of Management and the Indian Institutes of Science. **12. Functions of Advisory Council for Indian System of Medicine.—(1) The Council shall be the** primary platform through which the States and Union territories may put forth their views and concerns before the Commission and help in shaping the overall agenda, policy and action relating to medical education, training, research and development. (2) The Council shall advise the Commission on measures to determine and maintain, and to coordinate maintenance of, the minimum standards in all matters relating to medical education, training, research and development. (3) The Council shall advise the Commission on measures to enhance equitable access to medical education. **13. Meetings of Advisory Council for Indian System of Medicine.—(1) The Council shall meet** atleast twice a year at such time and place as may be decided by the Chairperson. (2) The Chairperson shall preside at the meeting of the Council and if for any reason the Chairperson is unable to attend a meeting of the Council, such other member as nominated by the Chairperson shall preside over the meeting. (3) Unless the procedure is otherwise provided by regulations, one-half of the members of the Council including the Chairperson shall form the quorum and all acts of the Council shall be decided by a majority of the members present and voting. CHAPTER IV NATIONAL EXAMINATION **14. National Eligibility-cum-Entrance Test.—(1) There shall be a uniform National Eligibility-** cum-Entrance Test for admission to the undergraduate courses in each of the disciplines of the Indian System of Medicine in all medical institutions governed under this Act: Provided that National Eligibility-cum-Entrance Test shall be exempted for students who have taken admission in–– (i) Pre-tib for Bachelor of Unani Medicine and Surgery; and (ii) Pre-Ayurveda for Bachelor of Ayurvedic Medicine and Surgery. (2) The Commission shall conduct the National Eligibility-cum-Entrance Test in English and in such other languages, through such designated authority and in such manner, as may be specified by regulations. (3) The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to all the medical institutions governed under this Act: Provided that the common counselling shall be conducted by the designated authority of–– (i) the Central Government, for All India seats; and (ii) the State Government, for the remaining seats at the State level. (4) The Commission shall specify by regulations the manner of admission of students to undergraduate courses who are exempted under sub-section (1). 11 ----- **15. National Exit Test.—(1) A common final year undergraduate medical examination, to be known** as the National Exit Test, shall be held for granting licence to practice as medical practitioner of respective disciplines of Indian System of Medicine and for enrollment in the State Register or National Register, as the case may be. (2) The Commission shall conduct the National Exit Test for Indian System of Medicine in English and in such other languages, through such designated authority and in such manner as may be specified by regulations. (3) The National Exit Test shall become operational on such date, within three years from the date on which this Act comes into force, as may be appointed by the Central Government, by notification. (4) Any person with a foreign medical qualification shall have to qualify national Exist Test for the purpose of obtaining licence to practice as medical practitioner of Indian System of Medicine and for enrollment in the State Register or the National Register, as the case may be, in such manner as may be specified by regulations. **16. Post-Graduate National Entrance Test.—(1) A uniform Post-Graduate National Entrance Test** shall be conducted separately for admission to postgraduate courses in each discipline of the Indian System of Medicine in all medical institutions governed under this Act. (2) The Commission shall conduct the National Entrance Test for admission to postgraduate courses in English and in such other languages, through such designated authority and in such manner, as may be specified by regulations. (3) The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in all medical institutions governed under this Act. **17. National Teachers’ Eligibility Test for Indian System of Medicine.—(1) A National Teachers’** Eligibility Test shall be conducted separately for the postgraduates of each discipline of Indian System of Medicine who desire to take up teaching profession in that discipline. (2) The Commission shall conduct the National Teachers’ Eligibility Test for Indian System of Medicine through such designated authority and in such manner as may be specified by regulations. (3) The National Teachers’ Eligibility Test for Indian System of Medicine shall become operational on such date, within three years from the date on which this Act comes into force, as may be notified by the Central Government: Provided that nothing contained in this section shall apply to the teachers appointed prior to the date notified under sub-section (3). CHAPTER V AUTONOMOUS BOARDS **18. Constitution of Autonomous Boards.—(1) The Central Government shall, by notification,** constitute the following Autonomous Boards, under the overall supervision of the Commission, to perform the functions assigned to such Boards under this Act, namely:— (a) the Board of Ayurveda; (b) the Board of Unani, Siddha and Sowa-Rigpa; (c) the Medical Assessment and Rating Board for Indian System of Medicine; and (d) the Board of Ethics and Registration for Indian System of Medicine. 12 ----- (2) Each Board referred to in sub-section (1) shall be an autonomous body which shall carry out its functions under this Act in accordance with the regulations made by the Commission. **19. Composition of Autonomous Boards.—(1) The composition of the Autonomous Boards shall be** as under, namely:–– (a) the Board of Ayurveda shall consist of a President and four Members from the Ayurveda discipline of Indian System of Medicine; (b) the Board of Unani, Siddha and Sowa-Rigpa shall consist of a President and two Members from each of the Unani, Siddha and Sowa-Rigpa disciplines of Indian System of Medicine; (c) the Medical Assessment and Rating Board for Indian System of Medicine shall consist of a President and eight Members: Provided that the President and six out of eight Members shall be chosen from the Ayurveda, Siddha, Sowa-Rigpa and Unani disciplines of Indian System of Medicine in such manner that at least one Member represents each such discipline separately, and the remaining two Members shall be accreditation experts; (d) the Board of Ethics and Registration for Indian System of Medicine shall consist of a President and eight Members: Provided that the President and six out of eight Members shall be chosen from the Ayurveda, Siddha, Sowa-Rigpa and Unani disciplines of Indian System of Medicine in such manner that at least one Member represents each such discipline separately, and the remaining two Members shall be chosen from any of the disciplines of quality assurance, public health, law or patient advocacy. (2) The President and Members of the Autonomous Boards to be chosen under sub-section (1) shall be persons of outstanding ability, proven administrative capacity and integrity, possessing postgraduate degree in respective disciplines from a recognised University and having experience of not less than fifteen years in respective fields, out of which at least seven years shall be as a leader: Provided that seven years as leader in the case of the President and Member from Indian System of Medicine shall be in the area of health, growth and development of education in Indian System of Medicine. **20. Search Committee for appointment of President and Members.—The Central Government** shall appoint the President and Members of the Autonomous Boards on the basis of the recommendations made in accordance with the procedure specified in section 5 by the Search Committee constituted thereunder. **21. Term of office and conditions of service of President and Members.—(1) The President and** Members of each Autonomous Board shall hold the office for a term not exceeding four years and shall not be eligible for any extension or re-appointment: Provided that such person shall cease to hold office after attaining the age of seventy years. (2) The salary and allowances payable to, and other terms and conditions of service of, the President and Members of an Autonomous Boards shall be such as may be prescribed. (3) The provisions contained in sub-sections (3), (5), (6), (7) and (8) of section 6 relating to the terms and conditions of service of, and in section 7 relating to removal from office, the Chairperson and Members of the Commission shall also be applicable to the President and Members of the Autonomous Boards. **22. Advisory Committees of experts.—(1) Each Autonomous Board, except the Board of Ethics and** Registration for Indian System of Medicine, shall be assisted by such advisory Committees of experts, as may be constituted by the Commission, for the efficient discharge of the functions of such Boards under this Act. 13 ----- (2) The Board of Ethics and Registration for Indian System of Medicine shall be assisted by such ethics committees of experts, as may be constituted by the Commission, for the efficient discharge of the functions of that Boards under this Act. **23. Staff of Autonomous Boards.—The experts, professionals, officers and other employees** appointed under section 8 shall be made available to the Autonomous Boards in such number and in such manner, as may be specified by regulations made by the Commission. **24. Meetings, etc., of Autonomous Boards.—(1) Every Autonomous Board shall meet at least once** a month at such time and place as it may appoint. (2) Subject to such regulations as may be made in this behalf, all decisions of the Autonomous Boards shall be made by consensus and if consensus is not possible, decision shall be made by majority of votes of the President and Members. (3) A person who is aggrieved by any decision of an Autonomous Board may prefer an appeal to the Commission against such decision within thirty days of the communication of such decision. **25. Delegation of powers.—(1) The Commission may delegate all or any of its administrative and** financial powers to the President of each Autonomous Board to enable such Board to function smoothly and efficiently. (2) The President of an Autonomous Board may further delegate any of his powers to a Member or officer of that Board. **26. Powers and functions of Autonomous Boards.—(1) The Board of Ayurveda, in respect of the** discipline of Ayurveda, and the Board of Unani, Siddha and Sowa-Rigpa, in respect of the disciplines of Unani, Siddha and Sowa-Rigpa, of the Indian System of Medicine, shall perform the following functions in respect of their respective disciplines, namely:— (a) determine the standards of education at the undergraduate, postgraduate and super-speciality levels and oversee all aspects relating thereto; (b) develop a competency based dynamic curriculum at all levels in accordance with the regulations made under this Act, in such manner that it develops appropriate skill, knowledge, attitude, values and ethics among the postgraduate and superspeciality students and enables them to provide healthcare, to impart medical education and to conduct medical research; (c) frame guidelines on setting up of medical institutions for imparting undergraduate, postgraduate and super-speciality courses in Ayurveda, Unani, Siddha and Sowa-Rigpa, having regard to the needs of the country, the global norms and the regulations made under this Act; (d) determine minimum requirements and standards for conducting of courses and examinations in medical institutions, having regard to the needs of creativity at local levels and the regulations made under this Act; (e) determine standards and norms for infrastructure, faculty and quality of education and research in medical institutions of Indian System of Medicine, in accordance with the regulations made under this Act; (f) specify norms for compulsory annual disclosure, electronically or otherwise, by medical institutions of Indian System of Medicine in respect of their functions that has a bearing on the interest of various stakeholders including students, faculty, the Commission and the Government; (g) facilitate development and training of faculty members; (h) facilitate research programmes; (i) grant recognition to medical qualifications at all levels. 14 ----- (2) The Board of Ayurveda and the Board of Unani, Siddha and Sowa-Rigpa may, in the discharge of their functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **27. Powers and functions of Board of Ethics and Registration for Indian System of Medicine.—** (1) The Board of Ethics and Registration for Indian System of Medicine shall perform the following functions, namely:–– (a) maintain a National Register of all licensed practitioners of Indian System of Medicine in accordance with the provisions of section 32; (b) regulate professional conduct and promote medical ethics in accordance with the regulations made under this Act: Provided that the Board of Ethics and Registration for Indian System of Medicine shall ensure compliance with the code of professional and ethical conduct through the State Medical Council, in a case where such State Medical Council has been conferred power to take disciplinary actions in respect of professional or ethical misconduct by medical practitioners under respective State Acts; (c) develop mechanisms to have continuous interaction with State Medical Councils of Indian System of Medicine to effectively promote and regulate the conduct of medical practitioners of Indian System of Medicine; (d) exercise appellate jurisdiction with respect to the actions taken by a State Medical Council under section 31. (2) The Board of Ethics and Registration for Indian System of Medicine may, in the discharge of its functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **28. Powers and functions of Medical Assessment and Rating Board for Indian System of** **Medicine.––(1) The Medical Assessment and Rating Board for Indian System of Medicine shall perform** the following functions, namely:–– (a) determine the procedure for assessment and rating of medical institutions on the basis of their compliance with the standards laid down by the Board of Ayurveda or, as the case may be, the Board of Unani, Siddha and Sowa-Rigpa, in accordance with the regulations made under this Act; (b) grant permission for establishment of a new medical institution or to start any postgraduate course or to increase number of seats, in accordance with the provisions of section 29; (c) carry out inspections of medical institutions for assessing and rating such institutions in accordance with the regulations made under this Act: Provided that the Medical Assessment and Rating Board for Indian System of Medicine may, if it deems necessary, hire and authorise any other third party agency or persons for carrying out inspections of medical institutions for assessing and rating such institutions: Provided further that where inspection of medical institutions is carried out by such third party agency or persons authorised by the Medical Assessment and Rating Board for Indian System of Medicine, it shall be obligatory on such institutions to provide access to such agency or person; (d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess and rate all medical institutions, within such period of their opening, and every year thereafter, at such time, and in such manner, as may be specified by regulations; (e) make available on its website or in public domain, the assessment and ratings of medical institutions at regular intervals, in accordance with the regulations made under this Act; 15 ----- (f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a medical institution for its failure to maintain the minimum essential standards specified by the Board of Ayurveda or, as the case may be, the Board of Unani, Siddha and SowaRigpa, in accordance with the regulations made under this Act. (2) The Medical Assessment and Rating Board for Indian System of Medicine may, in the discharge of its functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **29. Permission for establishment of new medical institution.––(1) No person shall establish a new** medical institution or start any postgraduate course or increase number of seats without obtaining prior permission of the Medical Assessment and Rating Board for Indian System of Medicine. _Explanation.–– For the purpose of this sub-section, the term “person” includes any University, trust_ or any other body, but does not include the Central Government. (2) For the purpose of obtaining permission under sub-section (1), a person may submit a scheme to the Medical Assessment and Rating Board for Indian System of Medicine in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by regulations. (3) While considering the scheme received under sub-section (2), the Medical Assessment and Rating Board for Indian System of Medicine shall have regard to the standards of education and research, the standards and norms for infrastructure and faculty, the guidelines on setting up of medical institutions and other requirements determined by the Board of Ayurveda or, as the case may be, the Board of Unani, Siddha and Sowa-Rigpa under section 26, and pass an order either approving or disapproving the scheme within three months from the date of receipt of such scheme: Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be given to the person concerned. (4) Where a scheme is approved under sub-section (3), such approval shall be the permission under sub-section (1) to establish a new medical institution. (5) Where a scheme is disapproved under sub-section (3), or where no order is passed within three months of submitting a scheme under sub-section (2), the person concerned may prefer an appeal to the Commission within fifteen days of such disapproval or, as the case may be, after lapse of three months, in such manner as may be specified by regulations. (6) Where the Commission has disapproved the scheme or no order has been passed within fifteen days from the date of preferring appeal under sub-section (5), the person concerned may prefer a second appeal to the Central Government within seven days of communication of such disapproval or, as the case may be, lapse of specified period of fifteen days. (7) The Medical Assessment and Rating Board for Indian System of Medicine may conduct evaluation and assessment of any University or medical institution at any time, either directly or through any other expert, having integrity and experience in medical profession, without any prior notice and assess and evaluate the performance, standards and benchmarks of such University or medical institution. **30. Criteria for approving or disapproving scheme.––While approving or disapproving a scheme** under section 29, the Medical Assessment and Rating Board for Indian System of Medicine, or the Commission, as the case may be, shall take into consideration the following criteria, namely:— (a) adequacy of infrastructure and financial resources; (b) whether adequate academic faculty, non-teaching staff, and other necessary facilities have been provided to ensure proper functioning of medical institution or would be provided within the time-limit specified in the scheme; 16 ----- (c) whether adequate hospital facilities have been provided or would be provided within the time limit specified in the scheme; (d) such other factors as may be prescribed: Provided that, subject to the previous approval of the Central Government, the criteria may be relaxed for the medical institutions which are set up in such areas as may be specified by the regulations. **31. State Medical Council.––(1) The State Government shall, by notification, within three years of** the commencement of this Act, establish a State Medical Council for Indian System of Medicine in that State if no such Council exists in that State. (2) Where a State Act confers power upon the State Medical Council to take disciplinary actions in respect of any professional or ethical misconduct by a registered practitioner of Indian System of Medicine, the State Medical Council shall act in accordance with the regulations made, and the guidelines framed, under this Act: Provided that till such time as a State Medical Council for Indian System of Medicine is established in a State, the Board of Ethics and Registration for Indian System of Medicine shall receive the complaints and grievances relating to any professional or ethical misconduct against a registered practitioner of Indian System of Medicine in that State in accordance with such procedure as may be specified by regulations: Provided further that the Board of Ethics and Registration for Indian System of Medicine or, as the case may be, the State Medical Council shall give an opportunity of hearing to such practitioner before passing any order or taking any action, including imposition of any monetary penalty, against such person. (3) A practitioner of Indian System of Medicine who is aggrieved by the order passed or the action taken by–– (a) the State Medical Council under sub-section (2) may prefer an appeal to the Board of Ethics and Registration for Indian System of Medicine and the decision, if any, of the Board of Ethics and Registration for Indian System of Medicine thereupon shall be binding on such State Medical Council, unless a second appeal is preferred under sub-section (4); (b) the Board of Ethics and Registration for Indian System of Medicine under the first proviso to sub-section (2) may prefer an appeal to the Commission. (4) A medical practitioner of Indian system of medicine who is aggrieved by the decision of the Board of Ethics and Registration for Indian System of Medicine, may prefer an appeal to the Commission within sixty days of communication of such decision. _Explanation.—For the purposes of this Act,—_ (a) “State” includes Union territory and the expressions “State Government” and “State Medical Council for Indian System of Medicine”, in relation to a Union territory, shall respectively mean the “Central Government” and “Union Territory Medical Council for Indian System of Medicine”; (b) the expression “professional or ethical misconduct” includes any act of commission or omission, as may be specified by regulations. **32. National Register and State Register of Indian System of Medicine.––(1) The Board of Ethics** and Registration for Indian System of Medicine shall maintain a National Register containing the name, address, all recognised qualifications possessed by a licensed medical practitioner of the Indian System of Medicine and such other particulars as may be specified by regulations. 17 ----- (2) The National Register shall be maintained in such form, including in electronic form and in such manner as may be specified by regulations. (3) The manner in which any name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, shall be such as may be specified by the regulations. (4) The National Register shall be made available to the public by placing it on the website of the Board of Ethics and Registration for Indian System of Medicine. (5) Every State Medical Council shall maintain and regularly update the State Register in the specified electronic format and supply a physical copy of the same to the Board of Ethics and Registration for Indian System of Medicine within three months of the commencement of this Act. (6) The Board of Ethics and Registration for Indian System of Medicine shall ensure electronic synchronization of the National Register and the State Register in such a manner that any change in one such register is automatically reflected in the other register. **33. Rights of persons to be enrolled in National Register and their obligations thereto.––(1) Any** person who has a recognised qualification in Indian System of Medicine under this Act and qualifies the National Exit Test held under section 15 shall be granted a licence to practice Indian System of Medicine and shall have his name and qualifications enrolled first in the State Register and subsequently in the National Register maintained under this Act: Provided that a person who has been registered in the Central Register of Indian System of Medicine maintained under the Indian Medicine Central Council Act, 1970 (48 of 1970) prior to the coming into force of this Act and before the National Exit Test becomes operational under sub-section (3) of section 15, shall be deemed to have been registered under this Act and be enrolled in the National Register maintained under this Act. (2) No person who has obtained a qualification in Indian System of Medicine from a medical institution established in any country outside India and is recognised as a medical practitioner of Indian System of Medicine in that country, shall, after the commencement of this Act and the National Exit Test for Indian System of Medicine becomes operational under sub-section (3) of section 15, be enrolled in the National Register for Indian System of Medicine, unless he qualifies the National Exit Test for Indian System of Medicine. (3) When a person whose name is entered in the State Register or the National Register, as the case may be, obtains any title, diploma or qualification for proficiency in sciences or medicine which is a recognised qualification under section 35 or section 36, as the case may be, he shall be entitled to have such title, diploma or qualification entered against his name in the State Register or the National Register, in such manner as may be specified by regulations. **34. Rights of persons to practice.–– (1) No person other than a person who is enrolled in the State** Register or the National Register, as the case may be, shall— (a) be allowed to practice Indian System of Medicine as a qualified practitioner; (b) hold office as a physician or surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon, as the case may be; (c) be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner; (d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to Indian System of Medicine: Provided that the Commission shall submit a list of such practitioners to the Central Government in such manner as may be prescribed: 18 ----- Provided further that a foreign citizen who is enrolled in his country as a practitioner of Indian System of Medicine in accordance with the law regulating the registration of such practitioners in that country may be permitted temporary registration in India for such period and in such manner as may be specified by regulations. (2) Any person who acts in contravention of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees, or with both. (3) Nothing contained in this section shall affect–– (a) the right of a person enrolled in a State Register as practitioner of Indian System of Medicine to practice in any State merely on the ground that he does not possess, as on the date of commencement of this Act, a recognised medical qualification in the Indian System of Medicine; (b) the privileges, including the right to practice any system of medicine, conferred by or under any law for the time being in force in a State on the practitioners of Indian System of Medicine enrolled in the State register of that State; (c) the right of a person who has been practicing Indian System of Medicine for not less than five years in a State, to continue to practice in that State in which a State Register of Indian System of Medicine is not maintained as on the date of commencement of this Act. CHAPTER VI RECOGNITION OF QUALIFICATIONS OF INDIAN SYSTEM OF MEDICINE **35. Recognition of qualifications granted by Universities or medical institutions in India.––(1)** The medical qualifications in Indian System of Medicine at undergraduate or postgraduate or super-speciality level granted by any University or medical institution in India shall be listed and maintained by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, in such manner as may be specified by regulations and such medical qualification shall be a recognised medical qualification for the purposes of this Act. (2) Any University or medical institution in India which grants an undergraduate or postgraduate or super-speciality qualification in Indian System of Medicine not included in the list maintained by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, may apply to that Board for granting recognition to such qualification. (3) The Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, shall examine the application for grant of recognition to a qualification in Indian System of Medicine within a period of six months in such manner as may be specified by regulations. (4) Where the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, decides to grant recognition to the qualification in Indian System of Medicine, it shall include such qualification in the list maintained by it and shall also specify therein the date of effect of such recognition, otherwise it shall communicate its decision not to grant recognition to the medical qualification to the concerned University or medical institution. (5) The aggrieved University or the medical institution may prefer an appeal to the Commission within a period of sixty days from the date of communication of the decision of the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, in such manner as may be specified by regulations. (6) The Commission shall examine the appeal received under sub-section (5) within a period of two months and if it decides that recognition may be granted to such medical qualification, it may direct the concerned Board to include such qualification in the list maintained by that Board in such manner as may be specified by regulations. 19 ----- (7) Where the Commission decides not to grant recognition under sub-section (6) or fails to decide within the specified period, the aggrieved University or medical institution may prefer a second appeal to the Central Government within a period of thirty days from the date of communication of such decision or lapse of specified period, as the case may be. (8) All medical qualifications which have been recognised before the date of commencement of this Act and are included in the Second Schedule and Third Schedule to the Indian Medicine Central Council Act, 1970 (48 of 1970), shall also be listed and maintained by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, in such manner as may be specified by regulations. **36. Recognition of medical qualifications granted by medical institutions outside India.––(1)** Where an authority in any country outside India which, by the law of that country is entrusted with the recognition of qualifications of Indian System of Medicine in that country, makes an application to the Commission for granting recognition to such qualification in India, the Commission may, subject to such verification as it deems necessary, either grant or refuse to grant recognition to that medical qualification. (2) Where the Commission grants recognition to any medical qualification under sub-section (1), such qualification shall be a recognised qualification for the purposes of this Act and shall be included in the list maintained by the Commission in such manner as may be specified: Provided that in case the Commission decides not to grant recognition to any qualification, the Commission shall give a reasonable opportunity of being heard to such authority before refusing to grant such recognition. (3) Where the Commission refuses to grant recognition to a medical qualification under sub-section (2), the Authority concerned may prefer an appeal to the Central Government for grant of recognition. (4) All qualifications which have been recognised before the date of commencement of this Act and are included in the Fourth Schedule to the Indian Medicine Central Council Act, 1970 (48 of 1970) shall also be recognised medical qualifications for the purposes of this Act and shall be listed and maintained by the Commission in such manner as may be specified by the regulations. **37. Withdrawal of recognition or de-recognition of qualification.––(1) Where, upon a report** received from the Medical Assessment and Rating Board for Indian System of Medicine or otherwise, it appears to the Commission that— (a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a University or medical institution do not conform to the standards specified by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be; or (b) the standards and norms for infrastructure, faculty and quality of education in medical institutions as determined by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, are not adhered to by any University or medical institution, and such University or medical institution has failed to take necessary corrective action to maintain specified minimum standards, the Commission may initiate action in accordance with the provisions of sub-section (2): Provided that the Commission shall, before, taking any action for suo motu withdrawal of recognition granted to the medical qualification awarded by a University or medical institution, impose penalty in accordance with the provisions of clause (f) of sub-section (1) of section 28. (2) The Commission shall, after making such further inquiry as it deems fit, and after holding consultations with the State Government and the authority of the concerned University or medical institution, comes to the conclusion that the recognition granted to a medical qualification ought to be 20 ----- withdrawn, it may, by order, withdraw recognition granted to such medical qualification and direct the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, to amend the entries against the University or medical institution concerned in the list maintained by that Board to the effect that the recognition granted to such qualification is withdrawn with effect from the date specified in that order. (3) If the Commission, after verification with the authority in any country outside India, is of the opinion that a recognised medical qualification which is included in the list maintained by it is to be de-recognised, it may, by order, de-recognise such medical qualification and remove it from the list maintained by the Commission with effect from the date of such order. **38. Special provision in certain cases for recognition of qualifications.––Where the Commission** deems it necessary so to do, it may, by notification, direct that any qualification in Indian System of Medicine granted by a medical institution outside India, after such date, as may be specified in that notification, shall be recognised qualification for the purposes of this Act: Provided that medical practice by a person possessing such qualification shall be permitted only if such person has been enrolled as a medical practitioner in accordance with the law regulating the registration of medical practitioner for the time being in force in that country: Provided further that medical practice by a person possessing such qualification shall be limited to such period as may be specified in that order: Provided also that medical practice by a person possessing such qualification shall be permitted only if such person qualifies National Exit Test. CHAPTER VII GRANTS, AUDIT AND ACCOUNTS **39. Grants by Central Government.––The Central Government may, after due appropriation made** by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central Government may think fit. **40. National Commission Fund for Indian System of Medicine.––(1) There shall be constituted a** fund to be called “the National Commission Fund for Indian System of Medicine” and there shall be credited thereto— (a) all Government grants, fees, penalties and charges received by the Commission and the Autonomous Boards; (b) all sums received by the Commission from such other source as may be decided by it. (2) The fund shall be applied for making payment towards–– (a) the salaries and allowances payable to the Chairperson and Members of the Commission, the Presidents and Members of the Autonomous Boards and the administrative expenses including the salaries and allowances payable to the officers and other employees of the Commission and Autonomous Boards; (b) the expenses incurred or to be incurred in carrying out the provisions of this Act including in connection with the discharge of the functions of the Commission and the Autonomous Boards. **41. Audit and accounts.––(1) The Commission shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India. 21 ----- (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other persons appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and in particular, shall have the right to demand the production of, and complete access to, records, books, accounts, connected vouchers and other documents and papers and to inspect the office of the Commission. (4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually by the Commission to the Central Government which shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament. **42. Furnishing of returns and reports to Central Government.––(1) The Commission shall** furnish to the Central Government, at such time, in such form and in such manner, as may be prescribed or as the Central Government may direct, such reports and statements and such particulars in regard to any matter under the jurisdiction of the Commission, as the Central Government may, from time to time, require. (2) The Commission shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government. (3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament. CHAPTER VIII MISCELLANEOUS **43. Power of Central Government to give directions to Commission and Autonomous Boards.––** (1) Without prejudice to the foregoing provisions of this Act, the Commission and the Autonomous Boards shall, in exercise of their powers and discharge of their functions under this Act be bound by such directions on questions of policy as the Central Government may give in writing to them from time to time: Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section. (2) The decision of the Central Government whether a question is one of policy or not shall be final. **44. Power of Central Government to give directions to State Governments.––The Central** Government may give such directions, as it may deem necessary, to a State Government for carrying out all or any of the provisions of this Act and the State Government shall comply with such directions. **45. Information to be furnished by Commission and publication thereof.––(1) The Commission** shall furnish such reports, copies of its minutes, abstracts of its accounts and other information to the Central Government as that Government may require. (2) The Central Government may publish, in such manner as it may think fit, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1). **46. Obligation of Universities and medical institutions.––Every university and medical institutions** covered under this Act shall maintain a website at all times and display in its website all such information as may be required by the Commission or an Autonomous Board, as the case may be. 22 ----- **47. Completion of courses of studies in medical institutions.––(1) Notwithstanding anything** contained in this Act, any student who was studying for a degree or diploma in any medical institution immediately before the commencement of this Act shall continue to so study and complete his course for such degree or diploma, and such institution shall continue to provide instructions and hold examination for such student in accordance with the syllabus and studies as existed before such commencement, and such student shall be deemed to have completed his course of study under this Act and shall be awarded degree or diploma under this Act. (2) Notwithstanding anything contained in this Act, where recognition granted to a medical institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, such medical institution shall continue to maintain and provide the minimum standards as approved by the Commission till such time as all the candidates are able to complete their study in that institution. **48. Chairperson, Members, officers of Commission and of Autonomous Boards to be public** **servants.––The Chairperson, Members, officers and other employees of the Commission and the** President and Members of Autonomous Boards shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **49. Protection of action taken in good faith.–– No suit, prosecution or other legal proceeding shall** lie against the Government, the Commission or any Autonomous Board or a State Medical Council or any Committee thereof, or any officer or other employee of the Government or of the Commission acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. **50. Cognizance of offences.––No Court shall take cognizance of an offence punishable under this** Act except upon a complaint in writing made in this behalf by an officer authorised by the Commission or the Ethics and Registration Board or a State Medical Council for Indian System of Medicine, as the case may be. **51. Power of Central Government to supersede Commission.––(1) If, at any time, the Central** Government is of opinion that–– (a) the Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or (b) the Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act, the Central Government may, by notification, supersede the Commission for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission. (2) Upon the publication of a notification under sub-section (1) superseding the Commission,–– (a) all the Members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Commission, shall until the Commission is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; (c) all property owned or controlled by the Commission shall, until the Commission is re-constituted under sub-section (3), vest in the Central Government. 23 ----- (3) On the expiration of the period of supersession specified by the notification issued under sub-section (1), the Central Government may,— (a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or (b) re-constitute the Commission by fresh appointment and in such case the Members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity. **52. Joint sittings of Commission, National Commission for Homoeopathy and National Medical** **Commission.––(1) There shall be a joint sitting of the Commission, the National Commission for** Homoeopathy, and the National Medical Commission, at least once a year, at such time and place as they mutually appoint, to enhance the interface between Indian System of Medicine, Homoeopathy and modern system of medicine. (2) The Agenda for the joint sitting may be placed with mutual agreement by the Chairpersons of the Commissions concerned. (3) The joint sitting may, by an affirmative vote of all members present and voting, decide on approving specific educational and medical modules or programme that could be introduced in the under-graduate and post-graduate courses across medical systems, and promote medical pluralism. **53. State Government to promote public health.––Every State Government may, for the purposes** of addressing or promoting public health, take necessary measures to enhance the capacity of the healthcare professionals. **54. Power to make rules.––(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:–– (a) the manner of appointing ten Members of the Commission on rotational basis from amongst the nominees of the States and Union territories in the Advisory Council under clause (b) of sub-section (4) of section 4; (b) the manner of appointing members under clause (c) of sub-section (4) of section 4; (c) the manner of nominating one expert by the Central Government under clause (d) of sub-section (1) of section 5; (d) the salary and allowances payable to, and other terms and conditions of service of, the Chairperson and Members under sub-section (4) of section 6; (e) the form and the manner of making declaration under sub-section (6) of section 6; (f) the qualifications and experience to be possessed by Secretary under sub-section (2) of section 8; (g) the salaries and allowances payable to, and other terms and conditions of the Secretary, officers and other employees of the Commission under sub-section (6) of section 8; 24 ----- (h) the other powers to be exercised and other functions to be performed by the Commission under clause (j) of sub-section (1) of section 10; (i) the salary and allowances payable to, and other terms and conditions of service of, the President and Members of an Autonomous Board under sub-section (2) of section 21; (j) the other factors under clause (d) of section 30. (k) the manner of submitting a list of practitioners under the first proviso to sub-section (1) of section 34; (l) the form for preparing annual statement of accounts under sub-section (1) of section 41; (m) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the Commission and the particulars with regard to any matter as may be required by the Central Government under sub-section (1) of section 42; (n) the form and the time for preparing annual report under sub-section (2) of section 42; (o) the compensation for the premature termination of employment under the second proviso to sub-section (3) of section 58; (p) any other matter in respect of which provision is to be made by rules. **55. Power to make regulations.––(1) The Commission may, by notification, make regulations** consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the functions to be discharged by the Secretary of the Commission under sub-section (4) of section 8; (b) the procedure in accordance with which experts and professionals may be engaged and the number of such experts and professionals under sub-section (7) of section 8; (c) the procedure to be followed at the meetings of Commission, including the quorum at its meetings under sub-section (3) of section 9; (d) the quality and standards to be maintained in education of Indian System of Medicine under clause (a) of sub-section (1) of section 10; (e) the manner of regulating medical institutions, medical researches and medical professionals under clause (b) of sub-section (1) of section 10; (f) the manner of functioning of the Commission, the Autonomous Boards and the State Medical Councils under clause (d) of sub-section (1) of section 10; (g) the procedure to be followed at the meetings of the Medical Advisory Council, including the quorum at its meetings under sub-section (3) of section 13; (h) the other languages in which, the designated authority through which, and the manner in which the National Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of section 14; (i) the manner of conducting common counselling by the designated authority for admission to medical institutions under sub-section (3) of section 14; (j) the manner of admission of students to undergraduate courses under sub-section (4) of section 14; 25 ----- (k) the other languages in which, the designated authority through which, and the manner in which, the National Exit Test shall be conducted under sub-section (2) of section 15; (l) the manner in which a person with foreign medical qualification shall qualify National Exist Test under sub-section (4) of section 15; (m) the other languages in which, the designated authority through which, and the manner in which admission to postgraduate courses shall be conducted under sub-section (2) of section 16; (n) the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in all medical institutions under sub-section (3) of section 16; (o) the manner of conducting the National Teachers’ Eligibility Test for Indian System of Medicine and the designated authority through whom such test shall be conducted under sub-section (2) of section 17; (p) the number of, and the manner in which, experts, professionals, officers and other employees shall be made available by the Commission to the Autonomous Boards under section 23; (q) the manner in which decisions of the Autonomous Boards shall be made under sub-section (2) of section 24; (r) the competency based dynamic curriculum at all levels under clause (b) of sub-section (1) of section 26; (s) the manner of imparting undergraduate, postgraduate and super-speciality courses in Ayurveda, Unani, Siddha and Sowa-Rigpa under clause (c) of sub-section (1) of section 26; (t) the minimum requirements and standards for conducting courses and examinations in medical institutions under clause (d) of sub-section (1) of section 26; (u) the standards and norms for infrastructure, faculty and quality of education and research in medical institutions of Indian System of Medicine under clause (e) of sub-section (1) of section 26; (v) the manner of regulating professional conduct and promoting medical ethics under clause (b) of sub-section (1) of section 27; (w) the procedure for assessment and rating of the medical institutions under clause (a) of sub-section (1) of section 28; (x) the manner of carrying out inspections of medical institutions for assessing and rating under clause (c) of sub-section (1) of section 28; (y) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assess and rate all medical institutions under clause (d) of sub-section (1) of section 28; (z) the manner of making available on website or in public domain the assessment and ratings of medical institutions under clause (e) of sub-section (1) of section 28; (za) the measures to be taken against a medical institution for failure to maintain the minimum essential standards under clause (f) of sub-section (1) of section 28; (zb) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing new medical college under sub-section (2) of section 29; (zc) the manner of preferring an appeal to the Commission for approval of the scheme under sub-section (5) of section 29; (zd) the areas in respect of which criteria may be relaxed under the proviso to section 30; 26 ----- (ze) the manner of taking disciplinary action by a State Medical Council for professional or ethical misconduct of registered medical practitioner and the procedure for receiving complaints and grievances by the Board of Ethics and Registration for Indian System of Medicine, under sub-section (2) of section 31; (zf) the act of commission or omission which amounts to professional or ethical misconduct under clause (b) of the Explanation to section 31; (zg) other particulars to be contained in a National Register under sub-section (1) of section 32; (zh) the form, including the electronic form and the manner of maintaining the National Register under sub-section (2) of section 32; (zi) the manner in which any name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, under sub-section (3) of section 32; (zj) the manner of entering the title, diploma or qualification in the State Register or the National Register under sub-section (3) of section 33; (zk) the manner in which, and the period for which temporary registration may be permitted to a foreign citizen under the second proviso to sub-section (1) of section 34; (zl) the manner of listing and maintaining medical qualifications granted by a University or medical institution in India under sub-section (1) of section 35; (zm) the manner of examining the application for grant of recognition under sub-section (3) of section 35; (zn) the manner of preferring an appeal to the Commission for grant of recognition under sub-section (5) of section 35; (zo) the manner of including a medical qualification in the list maintained by the Board under sub-section (6) of section 35; (zp) the manner in which the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this Act, under sub-section (8) of section 35; (zq) the manner in which the Commission shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this Act, under sub-section (4) of section 36. **56. Rules and regulations to be laid before Parliament.––Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **57. Power to remove difficulties.––(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it be necessary, for the removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. 27 ----- (2) Every order made under this section shall be laid, as soon as may be after it is made, before each house of Parliament. **58. Repeal and saving.––(1) With effect from such date as the Central Government may, by** notification, appoint in this behalf, the Indian Medicine Central Council Act, 1970 (48 of 1970) shall stand repealed and the Central Council of Indian Medicine constituted under section 3 of the said Act shall stand dissolved. (2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,–– (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; (c) any penalty incurred in respect of any contravention under the Act so repealed; or (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed. (3) On the dissolution of the Central Council of Indian Medicine, the person appointed as the Chairman of that Council and every other person appointed as the Member and any officer and other employees of the Council and holding office as such immediately before such dissolution shall vacate their respective offices and such Chairman and other Members shall be entitled to claim compensation not exceeding three months’ pay and allowances for the premature termination of term of their office or of any contract of service: Provided that any officer or other employee who has been, immediately before the dissolution of the Central Council of Indian Medicine appointed on deputation basis to the Central Council of Indian Medicine, shall, on such dissolution, stand reverted to their parent cadre, Ministry or Department, as the case may be: Provided further that any officer, expert, professional or other employee who has been, immediately before the dissolution of the Central Council of Indian Medicine employed on regular basis or on contractual basis by the Council, shall cease to be such officer, expert, professional or other employees of the Central Council and shall be entitled to such compensation for the premature termination of his employment, which shall not be less than three months’ pay and allowances, as may be prescribed. (4) Notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practice issued, any registration made, any permission to start new medical institution or to start higher course of studies or to increase in the admission capacity granted, any recognition of medical qualifications granted, under the Indian Medicine Central Council Act, 1970 (48 of 1970) which are in force as on the date of commencement of this Act shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this Act or the rules or regulations made thereunder. 1[(5) Notwithstanding the expiration of the period for reconstitution of the Central Council under section 3A of the Indian Medicine Central Council Act, 1970 (48 of 1970), as inserted by the Indian Medicine Central Council (Amendment) Act, 2020 (25 of 2020), all acts done by the Board of Governors constituted under sub-section (4) of that section and all the powers and functions of the Central Council exercised and performed by it under the repealed Act, as amended by the Indian Medicine Central Council (Amendment) Ordinance, 2021 (Ord. 5 of 2021), immediately before the commencement of this Act, shall be deemed to have been done or taken under the provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act.] 1. Ins. by Act 38 of 2021, s. 2 (w.e.f. 18-8-2021). 28 ----- **59. Transitory provisions.––(1) The Commission shall be the successor in interest to the Central** Council of Indian Medicine including its subsidiaries or owned trusts and all the assets and liabilities of the Central Council of Indian Medicine shall be deemed to have been transferred to the Commission. (2) Notwithstanding the repeal of the Indian Medicine Central Council Act, 1970 (48 of 1970), the Medical standards, requirements and other provisions of the Indian Medicine Central Council Act, 1970 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder: Provided that anything done or any action taken as regards the medical standards and requirements under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly unless and until superseded by anything or by any action taken under this Act. (3) The Central Government may take such appropriate measure as may be necessary for smooth transition of the dissolved Central Council of Indian Medicine to the corresponding to new Commission under this Act. ---------------------- 29 -----

21-Sep-2020

16

The Institute of Teaching and Research in Ayurveda Act, 2020

https://www.indiacode.nic.in/bitstream/123456789/15647/1/A2020_16.pdf

central

# THE INSTITUTE OF TEACHING AND RESEARCH IN AYURVEDA ACT, 2020 ______________ ARRANGEMENT OF SECTION ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration of institute of Teaching and Research in Ayurveda as an institution of national importance. 3. Definitions. CHAPTER II THE INSTITUTE 4. Establishment and incorporation of Anteceding Institutions as Institute of Teaching and Research in Ayurveda. 5. Effect of incorporation of Anteceding Institutions as Institute of Teaching and Research in Ayurveda. 6. Composition of Institute. 7. Terms of office of, and vacancies among, members. 8. President of Institute. 9. Meetings of Institute. 10. Governing Body and other committees of Institute. 11. Staff of Institute. 12. Objects of Institute. 13. Functions of Institute. 14. Payment to Institute. 15. Fund of Institute. 16. Budget of Institute. 17. Accounts and audit. 18. Annual report. 19. Pension and provident funds. 20. Authentication of orders and instruments of Institute. 21. Acts and proceedings not to be invalidated by vacancies, etc. 22. Grant of degrees, diplomas, etc., by Institute. 23. Recognition of medical qualifications granted by Institute. 24. Control by Central Govern. 25. Resolution of differences. 26. Returns and information. 27. Power to make rules. 28. Power to make regulations. 29. Rules and regulations to be laid before Parliament. 1 ----- SECTIONS 30. Power to remove difficulties. 31. Transitional provisions. 2 ----- # THE INSTITUTE OF TEACHING AND RESEARCH IN AYURVEDA ACT, 2020 # ACT NO. 16 OF 2020 [21st September, 2020.] # An Act to provide for the establishment of an Institute of Teaching and Research in Ayurveda and to declare it as an Institution of national importance for the promotion of quality and excellence in education, research and training in Ayurveda and allied disciplines and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.---(1) This Act may be called the Institute of Teaching and** Research in Ayurveda Act, 2020. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. **2. Declaration of institute of Teaching and Research in Ayurveda as an institution of** **national importance.—It is hereby declared that the Institute of Teaching and Research in Ayurveda** incorporated under this Act shall be an institution of national importance. **3. Definitions.---In this Act, unless the context otherwise requires,—** (a) “Anteceding Institutions” means the Institute of Post Graduate Teaching and Research in Ayurveda, Jamnagar, Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar and the Indian Institute of Ayurvedic Pharmaceutical Sciences, Jamnagar; (b) “Department of Swasthvritta” means the Maharishi Patanjali Institute for Yoga Naturopathy Education and Research, Jamnagar, a constituent institute of the Gujarat Ayurveda University, to be established as a Department of the Institute; (c) “Director” means the Director of the Institute appointed under sub-section (1) of section 11; (d) “Fund” means the Fund of the Institute maintained under section 15; (e) “Governing Body” means the body constituted under sub-section (1) of section 10; (f) “Gujarat Ayurved University” means the University established and incorporated under the Gujarat Ayurved University Act, 1965 (40 of 1965); (g) “Indian Institute of Ayurvedic Pharmaceutical Sciences, Jamnagar” means an institution established by the Gujarat Ayurveda University for conducting Pharmacy courses in Ayurveda and includes the Pharmacy Unit established for preparation of Ayurvedic drugs for use in hospital of the Institute; (h) “Institute” means the Institute of Teaching and Research in Ayurveda established by conglomerating Anteceding Institutions and incorporated under section 4; (i) “Institute of Post Graduate Teaching and Research in Ayurveda, Jamnagar” means a national institute for postgraduate courses in Ayurveda established and funded by the Government of India, but maintained by the Gujarat Ayurveda University under a lease agreement entered between the Government of India and that University; 1. 15th October, 2020, vide notification No. S.O. 3608(E), dated 14th October, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- (j) “member” means a member of the Institute; (k) “prescribed” means prescribed by rules made under this Act; (l) “regulation” means a regulation made by the Institute. (m) “Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar” means a constituent institute of the Gujarat Ayurveda University for conducting undergraduate courses in Ayurveda. CHAPTER II THE INSTITUTE **4. Establishment and incorporation of Anteceding Institutions as Institute of Teaching and** **Research in Ayurveda.—(1) The Anteceding Institutions, namely, the Institute of Post Graduate** Teaching and Research in Ayurveda, Jamnagar, Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar and the Indian Institute of Ayurvedic Pharmaceutical Sciences, Jamnagar are hereby conglomerated and established as a body corporate under this Act and on such incorporation be called the Institute of Teaching and Research in Ayurveda. (2) The Institute shall have perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by that name sue or be sued. **5. Effect of incorporation of Anteceding Institutions as Institute of Teaching and Research in** **Ayurveda.—On and from the commencement of this Act,—** (a) any reference in any law, other than this Act, or in any contract or other instrument to Anteceding Institutions shall be deemed as a reference to the Institute; (b) all property, movable and immovable, of or belonging to Anteceding Institutions shall vest in the Institute; (c) all the rights and liabilities of Anteceding Institutions shall be transferred to, and be the rights and liabilities of, the Institute; (d) every person who is employed in the Anteceding Institutions immediately before such commencement shall, subject to the provisions of this Act, become the employee of the Institute and hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund, and other matters as he would have held the same if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the Institute of compensation equivalent to not less than three months’ remuneration in the case of permanent employees and not less than one month’s remuneration in the case of other employees; (e) the Director of the Institute of Post Graduate Teaching and Research in Ayurveda, Jamnagar shall be deemed to have been appointed as the Director of the Institute under this Act and shall hold office for a period of five years with effect from such commencement or until he attains the age of sixty-five years, whichever is earlier; (f) the Directors of Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar and the Indian Institute of Ayurvedic Pharmaceutical Sciences, Jamnagar shall be deemed to have been appointed as Deputy Director (Undergraduate) and Deputy Director (Pharmacy), respectively, under this Act and shall hold office for a period of five years with effect from such commencement or until they attain the age of sixty-five years, whichever is earlier; 4 ----- (g) every person pursuing any academic or research course in Anteceding Institutions before such commencement, shall be deemed to have migrated and registered with the Institute at the same level of course in the Institute; (h) all suits and other legal proceedings instituted or which could have been instituted by or against Anteceding Institutions, immediately before such commencement, shall be continued or instituted by or against the Institute. **6. Composition of Institute.—(1) The Institute shall consist of the following members, namely:—** (a) the Minister in charge of the Ministry of AYUSH, ex officio; (b) the Secretary to the Government of India in the Ministry of AYUSH, ex officio; (c) the Secretary, Department of Health, Government of Gujarat, ex officio; (d) the Director of the Institute, ex officio; (e) the technical head of Ayurveda, not below the level of Advisor (Ayurveda), Ministry of AYUSH, ex officio; (f) the Secretary to the Government of India or his nominee (not below the rank of Joint Secretary) Ministry of Finance, Department of Expenditure, ex officio; (g) the Vice-Chancellor of Gujarat Ayurved University, Jamnagar, ex officio; (h) the Director-General, Central Council for Research in Ayurveda, ex officio; (i) the Secretary to the Government of India or his nominee (not below the rank of Joint Secretary) in the Department of Higher Education, Ministry of Human Resource Development, _ex_ _officio;_ (j) three experts in Ayurveda, having special knowledge and experience in the field of education, industry and research, to be nominated by the Central Government; (k) three Members of Parliament, of whom two shall be elected from among themselves by the members of the House of the People and one from among themselves by members of the Council of States. (2) It is hereby declared that the office of member of the Institute shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament. **7. Terms of office of, and vacancies among, members.—(1) Save as otherwise provided in this** section, the term of office of a member including nominated or elected member of the Institute shall be five years from the date of his nomination or election. (2) The term of office of a member elected under clause (k) of sub-section (1) of section 6 shall come to an end as soon as he becomes a Minister or Minister of State or Deputy Minister or the Speaker or the Deputy Speaker of the House of the People or the Deputy Chairman of the Council of States or ceases to be a member of the House from which he was elected. (3) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member. (4) The term of office of a member nominated or elected to fill a causal vacancy shall continue for the remainder of the term of the member in whose place he has been nominated or elected. (5) An outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is nominated or elected as a member in his place. 5 ----- (6) A member may resign his office by writing under his hand addressed to the Central Government but he shall continue in office till his resignation is accepted by that Government. (7) The manner of filling vacancies among members shall be such as may be prescribed. **8. President of Institute.—(1) There shall be a President of the Institute who shall be nominated by** the Central Government from among the members other than the Director of the Institute. (2) The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed. (3) The President and other members shall receive such allowances from the Institute as may be prescribed. **9. Meetings of Institute.---The Institute shall hold its first meeting at such time and place as may be** appointed by the Central Government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that Government, and thereafter, the Institute shall meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings (including quoram) as may be specified by regulations. **10. Governing Body and other committees of Institute.—(1) There shall be a Governing Body of** the Institute which shall be constituted by the Institute in such manner as may be specified by regulations. (2) The Governing Body shall be the executive committee of the Institute and shall exercise such powers and discharge such functions as the Institute may, by regulations made in this behalf, confer or impose upon it. (3) The President of the Institute shall be the Chairperson of the Governing Body and as Chairperson thereof shall exercise such powers and discharge such functions as may be specified by regulations. (4) The procedure to be followed in the exercise of its powers and discharge of its functions by the Governing Body, and the term of office of, and the manner of filling vacancies among, the members of the Governing Body shall be such as may be specified by regulations. (5) Subject to such control and restrictions as may be prescribed, the Institute may constitute as many standing committees and ad hoc committees as it thinks fit for exercising any power or discharging any function of the Institute or for inquiring into, or reporting or advising upon, any matter which the Institute may refer to them, in such manner as may be specified by regulations. (6) The Chairperson and members of the Governing Body and the Chairperson and the members of a standing committee or an ad hoc committee shall receive such allowances, as may be specified by regulations. **11. Staff of Institute.—(1) There shall be a chief executive officer of the Institute who shall be** designated as the Director of the Institute and shall, subject to such rules as may be made by the Central Government in this behalf, be appointed by the Institute: Provided that the Director of the Institute of Post Graduate Teaching and Research in Ayurveda, Jamnagar shall be deemed to have been appointed as the first Director of the Institute. (2) The Director shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. (3) The Director shall exercise such powers and discharge such functions as may be specified by regulations or as may be delegated to him by the Institute or the President of the Institute or the Governing Body or the Chairperson of the Governing Body. (4) Subject to such rules as may be made by the Central Government in this behalf, the Institute may appoint Deputy Director (Undergraduate), Deputy Director (Postgraduate) and Deputy Director 6 ----- (Pharmacy) and such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and the designations and grades of other officers and employees shall be such as may be specified by regulations: Provided that the Director of Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar shall be deemed to have been appointed as the first Deputy Director (Undergraduate) of the Institute: Provided further that the Director of the Indian Institute of Ayurvedic Pharmaceutical Sciences, Jamnagar shall be deemed to have been appointed as the first Deputy Director (Pharmacy) under this Act. (5) The Director, Deputy Director (Undergraduate), Deputy Director (Postgraduate) and Deputy Director (Pharmacy) and other officers and employees of the Institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may be specified by regulations. **12. Objects of Institute.—The objects of the Institute shall be—** (a) to develop patterns of teaching in undergraduate and postgraduate medical education in Ayurveda and Pharmacy so as to demonstrate a high standard of such medical education to all medical colleges and other allied institutions of Ayurveda in India; (b) to bring together in one place educational facilities of the highest order for the training of personnel in all important branches of Ayurveda including Pharmacy; (c) to attain self-sufficiency in postgraduate education to meet the country’s needs for specialists and medical teachers in Ayurveda; (d) to make an in-depth study and research in the field of Ayurveda. **13. Functions of Institute.—With a view to the promotion of the objects specified in section 12, the** Institute may— (a) provide for undergraduate and postgraduate teaching in Ayurveda, including Pharmacy; (b) provide facilities for research in the various branches of Ayurveda including Pharmacy; (c) prescribe courses and curricula for both undergraduate and postgraduate studies in Ayurveda including Pharmacy; (d) notwithstanding anything contained in any other law for the time being in force, establish and maintain— (i) one or more Ayurveda medical colleges with different Departments including department of Swasthvritta and such other departments as may deemed to be necessary for scientific validation of Ayurveda, implementing Ayurveda principles and theories in public health and further expansion of Ashtanga Ayurveda with the help of modern scientific advances sufficiently staffed and equipped to undertake undergraduate and postgraduate Ayurveda education including Pharmacy; (ii) one or more well-equipped hospitals; (iii) colleges for Ayurveda supporting staffs such as nurses, Pharmacists, Panchakarma technicians or therapists and such other allied disciplines of Ayurveda sufficiently staffed and equipped for training such students; (iv) rural and urban health organisations which will form centres for the field training in Ayurveda and for research into community health problems; and (v) other institutions for the training of different types of health workers, such as physiotherapists, occupational therapists and Ayurvedic medical technicians of various kinds; 7 ----- (e) train teachers for the different Ayurveda colleges in India; (f) hold examinations (including for admissions) and grant degrees, diplomas and other academic distinctions and titles in undergraduate and postgraduate education in Ayurveda and Pharmacy as may be laid down in the regulations; (g) institute, and appoint persons to professorships, readerships, lectureships and posts of any description in accordance with regulations; (h) receive grants from the Government and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be; (i) deal with any property belonging to, or vested in, the Institute in any manner which is considered necessary for promoting the objects specified in section 12; (j) demand and receive such fees and other charges as may be specified by regulations; (k) construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf; (l) establish, maintain and manage halls and hostels for the residence of students; (m) supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life; (n) institute and award fellowships, scholarships, exhibitions, prizes and medals; (o) borrow money, with the prior approval of the Central Government, on the security of the property of the Institute; (p) to perform all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute. **14. Payment to Institute.—The Central Government may, after due appropriation made by** Parliament by law in this behalf, pay to the Institute in each financial year such sums of money and in such manner as may be considered necessary for the exercise of its powers and discharge of its functions under this Act. **15. Fund of Institute.—(1) The Institute shall maintain a Fund to which shall be credited—** (a) all moneys provided by the Central Government; (b) all fees and other charges received by the Institute; (c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the Institute in any other manner or from any other source. (2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Central Government, decide. (3) The Fund shall be utilised towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its duties under section 13. **16. Budget of Institute.—The Institute shall prepare in such form and at such time every year a** budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Institute and shall forward to the Central Government such number of copies thereof as may be prescribed. 8 ----- **17. Accounts and audit.—(1) The Institute shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts including the balance-sheet, in such form as the Central Government may prescribe by rules, and in accordance with such general directions as may be issued by that Government, in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute. (4) The accounts of the Institute as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both the Houses of Parliament. **18. Annual report.—The Institute shall prepare for every year a report of its activities during that** year and submit the report to the Central Government in such form and on or before such date as may be prescribed and a copy of this report shall be laid before both Houses of Parliament within one month of its receipt. **19. Pension and provident funds.—(1) The Institute shall constitute for the benefit of its officers,** teachers and other employees, in such manner and subject to such conditions as may be specified by regulations, such pension and provident funds as it may deem fit: Provided that the pension and provident fund constituted by the Anteceding Institutions before the commencement of this Act shall be deemed to be the pension and provident fund under this section. (2) Where any such provident fund has been constituted, the Central Government may declare that the [provisions of the Provident Funds Act, 1925 (19 of 1925)](https://taxguru.in/corporate-law/employees-provident-fund-act-1952.html) shall apply to such fund as if it were a Government Provident Fund. **20. Authentication of orders and instruments of Institute.—All orders and decisions of the** Institute shall be authenticated by the Director or any other member authorised by the Institute in this behalf and all other instruments shall be authenticated by the signature of the Director or such other officers as may be authorised by the Institute. **21. Acts and proceedings not to be invalidated by vacancies, etc.—No act done or proceeding** taken by the Institute, Governing Body or any standing or ad hoc committee under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of the Institute, Governing Body or such standing or ad hoc committee. **22. Grant of degrees, diplomas, etc., by Institute.—Notwithstanding anything contained in any** other law for the time being in force, the Institute shall have power to grant medical degrees, diplomas and other academic distinctions and titles under this Act. **23.** **Recognition of medical qualifications granted by Institute.—Notwithstanding anything** contained in the Indian Medicine Central Council Act, 1970 (49 of 1970) and the University Grants Commission Act, 1956 (3 of 1956), the medical degrees or diplomas granted by the Institute under this Act shall be recognised medical qualifications for the purposes of the Acts aforesaid and shall be deemed to be included in the Schedule to the respective Acts. 9 ----- **24. Control by Central Government.—The Institute shall carry out such directions as may be issued** to it from time to time by the Central Government for the efficient administration of this Act. **25. Resolution of differences.—If in, or in connection with, the exercise of its powers and discharge** of its functions by the Institute under this Act, any dispute or difference arises between the Institute and the Central Government, the decision of the Central Government thereon shall be final. **26. Returns and information.—The Institute shall furnish to the Central Government such reports,** returns and other information as that Government may require from time to time. **27. Power to make rules.—(1) The Central Government may make rules to carry out the purposes of** this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of filling vacancies among members of the Institute under sub-section (7) of section 7; (b) the powers and functions to be exercised and discharged by the President of the Institute under sub-section (2) of section 8; (c) the allowances, if any, to be paid to the President and members of the Institute under sub section (3) of section 8; (d) the control and restrictions in relation to the constitution of standing committees and ad hoc committees under sub-section (5) of section 10; (e) the form in which and the time at which the budget showing the estimated receipts and expenditure of the Institute shall be prepared by the Institute and the numbers of copies thereof to be [forwarded to the Central Government under section 16;](https://taxguru.in/goods-and-service-tax/input-tax-credit-gst-section-16-21-rules-36-45.html) (f) the form in which annual report shall be prepared and the date before which such report shall be submitted to the Central Government under section 18; (g) any other matter which has to be or may be prescribed. **28. Power to make regulations.—(1) The Institute, with the previous approval of the Central** Government may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for:— (a) the summoning and holding of meetings other than the first meeting of the Institute, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum under section 9; (b) the manner of constituting the Governing Body under sub-section (1) of section 10; (c) the powers and functions to be exercised and discharged by the Governing Body under sub-section (2) of section 10; (d) the powers and functions to be exercised and discharged by the President of the Institute under sub-section (3) of section 10; (e) the procedure to be followed by the Governing Body, the term of office of, and the manner of filling vacancies among, the members of the Governing Body under sub-section (4) of section 10; (f) the manner of constituting standing committees and ad hoc committees under sub-section (5) of section 10; 10 ----- (g) the allowances, if any, to be paid to the Chairperson and the members of the Governing Body and of standing committee and ad hoc committee under sub-section (6) of section 10; (h) the powers and functions to be exercised and discharged by the Director of the Institute under sub-section (3) of section 11; (i) the designations and grades of other officers and employees under sub-section (4) of section 11; (j) the salaries and allowances and other conditions of services of the Director, Deputy Director (Undergraduate), Deputy Director (Postgraduate) and Deputy Director (Pharmacy) and other officers and employees of the Institute under sub-section (5) of section 11; (k) the examinations which may be held and the degrees, diplomas and other academic distinctions and titles which may be granted by the Institute under clause (f) of section 13; (l) the professorships, readerships, lectureships and other posts which may be instituted and persons who may be appointed to such professorships, readerships, lectureships and other posts under clause (g) of section 13; (m) the fees and other charges which may be demanded and received by the Institute under clause (j) of section 13; (n) the construction of quarters for the staff and allotment of such quarters under clause (k) of section 13; (o) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the Institute under sub-section (1) of section 19; (p) any other matter for which provisions under this Act may be made by regulations. (2) Until the Institute is established under this Act, any regulation which may be made under sub-section (1) may be made by the Central Government; and any regulation so made may be altered or rescinded by the Institute in exercise of its powers under sub-section (1). **29. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **30. Power to remove difficulties.—(1) If any difficulty arises is giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 11 ----- **31. Transitional provisions.—Notwithstanding anything contained in this Act,—** (a) the Board of Governors or any other governing system of the Anteceding Institutions functioning as such immediately before the commencement of this Act shall continue to so function until a Governing Body is constituted for the Institute under this Act, but on the constitution of a new Governing Body under this Act, the members of the Board holding office before such constitution shall, unless otherwise provided in this Act, cease to hold office; (b) the committees constituted in relation to the Anteceding Institutions before the commencement of this Act shall be deemed to be constituted under this Act until new committees are constituted for the Institute. 12 -----

26-Sep-2020

23

The Jammu and Kashmir Official Languages Act, 2020.

https://www.indiacode.nic.in/bitstream/123456789/15512/1/A2020_23.pdf

central

THE JAMMU AND KASHMIR OFFICIAL LANGUAGES ACT, 2020 __________ ARRANGEMENT OF SECTIONS SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Official languages of Union territory. 4. Promotion and development of regional languages. ----- THE JAMMU AND KASHMIR OFFICIAL LANGUAGES ACT, 2020 ACT NO. 23 OF 2020 [26th September, 2020.] An Act to provide for the languages to be used for the official purposes of the Union territory of Jammu and Kashmir and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Jammu and** Kashmir Official Languages Act, 2020. (2) It extends to the Union territory of Jammu and Kashmir. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: Provided that the Administrator may appoint different dates for different areas in the Union territory. **2. Definitions.— In this Act, unless the context otherwise requires,—** (a) “Administrator” means the Lieutenant Governor of the Union territory of Jammu and Kashmir appointed by the President under article 239 of the Constitution; (b) “Union territory” means the Union territory of Jammu and Kashmir. **3. Official languages of Union territory.—With effect from such date as the** Administrator may, by notification in the Official Gazette, appoint in this behalf, the Kashmiri, Dogri, Urdu, Hindi and English languages shall be the official languages to be used for all or any of the official purposes of the Union territory: Provided that the English language may continue to be used, for those administrative and legislative purposes, in the Union territory for which it was being used before the commencement of this Act: Provided further that the business in the Legislative Assembly of the Union territory shall be transacted in the official language or languages of the Union territory. **4. Promotion and development of regional languages.— (1) The Administrator may, for** the promotion and development of regional languages of the Union territory, take necessary steps to strengthen the existing institutional mechanisms such as the Academy of Art, Culture and languages in the Union territory. (2) The institutional mechanisms referred to in sub-section (1) shall make special efforts for the promotion and development of Gojri, Pahari and Punjabi languages. 1. 29th September, 2020, _vide notification No. S.O. 3394(E), dated 29th September, 2020_ _see_ Gazette of India, Extraordinary, Part II, sec. 3 (ii). -----

28-Sep-2020

32

The National Forensic Sciences University Act, 2020

https://www.indiacode.nic.in/bitstream/123456789/15623/1/AAA2020____32.pdf

central

# THE NATIONAL FORENSIC SCIENCES UNIVERSITY ACT, 2020 _____________ ARRANGEMENT OF SECTIONS _____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration of National Forensic Sciences University as an institution of national importance. 3. Definitions. CHAPTER II ESTABLISHMENT OF UNIVERSITY 4. Establishment and incorporation of University. 5. Effect of incorporation of University. 6. Objects of University. 7. Powers and functions of University. 8. Jurisdiction of University. 9. University to be open to all races, creeds and classes. 10. Admission of students. 11. Teaching at University. CHAPTER III AUTHORITIES OF UNIVERSITY 12. Authorities of University. 13. Chancellor. 14. Court. 15. Board of Governors. 16. Powers of Board of Governors. 17. Terms of office of members of Board of Governors. 18. Academic Council. 19. Powers of Academic Council. 20. Officers of University. 21. Vice Chancellor. 22. Powers of Vice Chancellor. 23. Campus Directors. 24. Dean. 25. Executive Registrar. 26. Finance Officer. 27. Other officers. 28. Finance Committee. 29. Powers of Finance Committee. 30. Board for Affiliation and Recognition. 31. Other officers of University. 32. Grants by Central Government. 33. Grants by State Governments. 1 ----- SECTIONS 34. Corpus of University. 35. Fund. 36. Accounts and audit. 37. Pension and provident funds. CHAPTER IV ACCOUNTS AND AUDIT CHAPTER V ANNUAL REPORT AND APPOINTMENTS 38. Annual report of University. 39. Appointments of officers of University. CHAPTER VI STATUTES AND ORDINANCE 40. Statutes. 41. Statutes how to be made. 42. Ordinances. 43. Ordinances how made. CHAPTER VII TRIBUNAL OF ARBITRATION 44. Tribunal of Arbitration. 45. Redressal for debarment from examination and disciplinary action against students. CHAPTER VIII MISCELLANEOUS 46. Disputes as to constitution of authorities and bodies. 47. Power of Central Government to make rules in respect of matters relating to Board of Governors. 48. Acts and proceeding not to be invalidated by vacancies, etc. 49. University to be a public authority under Right to Information Act. 50. Protection of action taken in good faith. 51. Power of Central Government to issue directions. 52. Residuary provision. 53. Laying of rules, Statutes, Ordinances and notifications. 54. Power to remove difficulties. 55. Transitional provisions. 56. Repeal of Gujarat Act 17 of 2008. 2 ----- # THE NATIONAL FORENSIC SCIENCES UNIVERSITY ACT, 2020 ACT NO. 32 OF 2020 [28th September, 2020.] An Act to establish and declare an institution to be known as the National Forensic Sciences University as an institution of national importance to facilitate and promote studies and research and to achieve excellence in the field of forensic science in conjunction with applied behavioural science studies, law, criminology and other allied areas and technology and other related fields, and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the National Forensic Sciences** University Act, 2020. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. **2. Declaration of National Forensic Sciences University as an institution of national** **importance.— Whereas the objects of the National Forensic Sciences University are such as to make it** an institution of national importance, it is hereby declared that the National University of Forensic Sciences is an institution of national importance. **3. Definitions.— In this Act, unless the context otherwise requires,—** (a) “Academic Council” means the Academic Council of the University referred to in section 18; (b) “academic staff” means teachers and such categories of staff as are designated to be academic staff by the Statutes; (c) “affiliated college” means an institution recognised as such by the Board of Governors in accordance with the provisions of this Act and the Statutes made thereunder; (d) “Board of Governors” means the Board of Governors of the University referred to in section 15; (e) “campus” means the campus of the Gujarat Forensic Sciences University situated at Gandhinagar, Gujarat, and that of the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences situated at Rohini, New Delhi, or such other campus as may be established by the University at any place within India or outside India; 1. 1st October, 2020, vide notification No. S.O. 3424(E), dated 30th August, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- (f) “Chancellor” means the Chancellor of the University; (g) “college” means a college or institution maintained or admitted to the privileges of the University for imparting education and training in forensic sciences or its related disciplines; (h) “Court” means the Court of the University referred to in section 14; (i) “Dean”, in relation to any School campus, means the Dean of such School campus; (j) “department” means an academic department of the University; (k) “distance education system” means the system of imparting education through any means of communication such as broadcasting, telecasting, internet, correspondence courses, seminars, contact programmes or the combination of any two or more such means; (l) “employee” means any person appointed by the University and includes teachers, other academic and non-academic staff of the University; (m) “Executive Registrar” means the Executive Registrar of the University referred to in section 25; (n) “Finance Committee” means the Finance Committee of the University referred to in section 28; (o) “Fund” means the Fund of University referred to in section 35; (p) “notification” means a notification published in the Official Gazette; (q) “School” means a school of study of the University; (r) “Statutes” and “Ordinances” mean, respectively, the Statutes and Ordinances of the University made under this Act; (s) “student” means a student of the University and its affiliated colleges, and includes any person who has enrolled for pursuing any course of study in the University; (t) “teachers” means Directors, Deans, professors, associate professors, assistant professors and such other persons as may be appointed for imparting instruction or conducting research or for giving guidance for research or rendering assistance to students, in the University or in any college or institution maintained by the University; (u) “University” means the National Forensic Sciences University established under this Act; (v) “Vice-Chancellor” means the Vice-Chancellor of the University referred to in section 21. CHAPTER II ESTABLISHMENT OF UNIVERSITY **4. Establishment and incorporation of University.— (1) The Gujarat Forensic Sciences University,** Gandhinagar, Gujarat established under the Gujarat Forensic Sciences University Act, 2008 (Gujrat Act 4 ----- 17 of 2018), and the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi shall be established as an University by the name of National Forensic Sciences University. (2) The National Forensic Sciences University shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by the said name, sue or be sued. (3) The headquarters of the University shall be at Gandhinagar, Gujarat. (4) The campuses of the University shall include the campuses situated at Gujarat Forensic Sciences University, Gandhinagar, Gujarat and the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi and such other campuses as the Central Government may, by notification, specify. (5) The first Chancellor, Vice-Chancellor, Board of Governors, Academic Council, Directors, Deans, Executive Registrar and all other persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the University. **5. Effect of incorporation of University.— On and from the commencement of this Act,—** (a) any reference to the Gujarat Forensic Sciences University, Gandhinagar, Gujarat or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi in any other law for the time being in force or in any contract or other instrument, shall be deemed as a reference to the University; (b) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted or other things done under the provisions of the Gujarat Forensic Sciences University Act, 2008, in so far as it relates to the Gujarat Forensic Sciences University, Gandhinagar, shall be deemed to have been, respectively, made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act, and, except as otherwise provided by or under this Act or the Statutes or Ordinances or regulations, continue in force unless and until they are superseded by the Statutes or Ordinances made under this Act; (c) the status of "Centre of Excellence" and "Institute of Strategic or Security related Interest" granted to the Gujarat Forensic Sciences University, Gandhinagar by the Government of Gujarat and the status of "Center of Excellence for Narcotics Drugs and Psychotropic Substances" conferred by the Ministry of Home Affairs, Government of India, to the Gujarat Forensic Sciences University, Gandhinagar, shall be applicable to the University; (d) all properties, movable and immovable, of or belonging to the Gujarat Forensic Sciences University, Gandhinagar, Gujarat or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi shall vest in the University; (e) all rights, debts and other liabilities of the Gujarat Forensic Sciences University, Gandhinagar, Gujarat or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi shall be transferred to and be the rights, debts and liabilities of the University; 5 ----- (f) every person employed by the Gujarat Forensic Sciences University, Gandhinagar, Gujarat or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi, immediately before such commencement, shall hold his office or service in the University by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund, and other matters as he would have held if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes, not detrimental to the service conditions of such employee: Provided that any reference, by whatever form of words, to the Registrar and other officers of the Gujarat Forensic Sciences University, Gandhinagar, Gujarat or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi, in any law for the time being in force, or in any instrument or other document, shall be deemed to be reference to the Executive Registrar and other officers of the University; (g) any activity for appointment or promotion of academic or non-academic staff underway in the Gujarat Forensic Sciences University, Gandhinagar at the time of commencement of this Act shall be deemed to be valid, and further proceeding in such appointment or promotion shall be taken in accordance with the provisions of this Act and be continued from the stage at the time of commencement of this Act; (h) every person pursuing, before the commencement of this Act, any academic or research course or programmes of study in the Gujarat Forensic Sciences University, Gandhinagar, shall be deemed to have migrated and registered with the University, on such commencement, at the same level of course or programme and shall continue to pursue such academic or research course and programmes of study in the University; (i) every person pursuing, before the commencement of this Act, any academic or research course in the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi, shall continue to pursue their academic courses and programmes of study under the enrolment and affiliation of the Guru Gobind Singh Indraprastha University, Delhi which shall conduct examinations and award degrees to them upon successful completion of such courses and programmes of study; (j) all suits and other legal proceedings instituted or which could have been instituted by or against the Gujarat Forensic Sciences University, Gandhinagar or the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi, immediately before the commencement of this Act, shall be continued or instituted by or against the University. **6. Objects of University. — The objects of the University shall be—** (i) to facilitate and promote academic learning and practices in the field of forensic science in conjunction with applied behavioural science studies, law, legal studies, criminology and other allied areas and technology, including training, skill-development, research and extension of work with focus on emerging areas in the said fields for strengthening criminal justice institutions in the country; 6 ----- (ii) to foster research and applied applications in forensic science, applied behavioural science studies, law, legal studies and other allied areas and technology for training, research and development by promoting innovations and best practices; (iii) to promote and provide advanced institutional and research facilities in the fields of forensic science, applied behavioural science, law, legal studies and other allied areas and technology; (iv) to create capacities and capabilities of global standards of education, training and research for development of aptitude, skills and knowledge within and outside the country at various levels in the fields of forensic science, applied behavioural science, law, legal studies and other allied areas and technology; (v) to coordinate with the Central Government and State Governments to improve investigation, crime detection and prevention through projects and research, funded by grants-in-aid from the Central Government and State Governments, in fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology; (vi) to advice and assist the Central Government, State Governments and Union territory Administrations in formulation of relevant policies including their review in the fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology; (vii) to coordinate and network with the institutions having specialisation so as to expand the fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology, for promoting academics and research work through various pursuits; (viii) to administer, maintain and manage the University and to establish such off-site campus and off-shore centres for education, training and research as are necessary for the furtherance of the objects of the University within and outside the country; (ix) to assist the Central Government or State Governments to accredit forensic science laboratories, provide standard operating procedures, and lay down specifications for forensic equipment and kits to be used for forensic work in the country; (x) to set-up campus, colleges, schools, centres and institutions of excellence for imparting State of-the-art education, training and research in the fields of forensic science, cyber security and digital forensics, behavioural science, technology and management; (xi) to assist the Central Government to create and maintain national forensic data base required for criminal investigation, including fingerprints, voice, Deoxyribonucleic Acid (DNA), firearms, counterfeit currency, narcotic drugs and psychotropic substances, cyber security, cyber defence and internal security; (xii) to undertake special projects for Central Government and State Governments; and (xiii) to undertake any other objects, not inconsistent with the provisions of this Act which the Central Government may, by notification, specify in this behalf. 7 ----- **7. Powers and functions of University.— (1) Subject to the provisions of this Act, the** University shall exercise the following powers and perform the following functions, namely:— (a) to provide for studies, training, skill-development, research and extension of work in forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology with focus on emerging areas of forensic science studies and related technologies; (b) to establish and maintain campuses, colleges, institutions, schools, departments, laboratories, libraries, centres of research, training, skill-development, research and specialised studies within and outside the country; (c) to plan and prescribe courses of study or skill-development, such as degrees, diplomas, and certificates; (d) to hold examinations and grant degrees, diplomas, certificates and other academic distinctions; (e) to confer honorary degrees or other distinctions; (f) to grant, subject to such conditions as the University may determine, diplomas or certificates to, of evaluation or any other method of testing, and to withdraw any such diplomas, certificates, degrees or other academic distinction for good and sufficient cause; (g) to provide facilities through the distance education system to such persons as it may determine; (h) to introduce semester system, continuous evaluation and choice-based credit system and enter into agreements with other Universities and academic institutions for credit transfer and joint degree programmes; (i) to make provisions for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies, national or international, as the University may deem necessary; (j) to receive grants-in-aid to undertake projects for research and special assignments for the Central Government and State Governments; (k) to determine, specify and receive payment of fees and other charges as the University may deem fit, from students and any other person, institution or body corporate for instruction and other services, including training, consultancy and advisory services, provided by the University; (l) to establish, maintain and manage University buildings, halls, hostels and other campuses for the University in any other place; (m) to affiliate colleges and institutions of higher learning for such purposes as the University may determine and to withdraw such recognition; (n) to supervise and control the residence and regulate the discipline of students of the University and to make arrangements for promoting their health, general welfare, cultural and corporate life; 8 ----- (o) to create academic and other teaching posts and to make appointments thereto (except the posts of Chancellor and Vice-Chancellor) as may be necessary for imparting instruction and managing the affairs of the University; (p) to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars including those located outside the country, and such other persons who may contribute to the advancement of the University; (q) to create non-teaching, administrative, ministerial and other posts in the University and to make appointment thereto; (r) to cooperate, collaborate or partner or associate with educational or other institutions and organisations, public and private, including those located outside the country having objects wholly or partly similar to those of the University by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects; (s) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (t) to provide for the preparation of instructional material including related software and other audio-visual aids; (u) to sponsor and make provision for research and development in areas of core competence of the University; (v) to enter into, carry out, vary or cancel contracts; (w) to demand and receive such fees and other charges as may be specified by Ordinances; (x) to receive benefactions, donations and gifts from persons and to name after them such chairs, institutions, buildings and the like, as the University may determine, whose gift and donations to the University is worth such as the University may decide; (y) to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University; (z) to initiate measures to enlist the cooperation of the industry to provide complementary facilities; (za) to establish off-shore campus at any place outside the country as and when it is considered necessary for advancing the aims and objectives of the University; (zb) to provide for printing, reproduction and publication of research and other work; (zc) to provide, control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their code of conduct; (zd) to conduct innovative experiments and develop new methods and technologies in the field of science, technology and management in relation to the domains of investigation, prevention and 9 ----- detection of crimes and furthering the cause of criminal justice systems in order to achieve international standards of such education, training research and consultancy; (ze) to admit students for courses in Institute and its affiliated centres and institutes on an all India basis in such manner as may be laid down in the Statutes; (zf) to admit foreign students, Overseas Citizen of India card holder, Person of Indian Origin, non-resident Indian, children of Indian workers in Gulf and South-East Asian Countries, in such manner and as may be laid down in the Statutes; (zg) to purchase or to take on lease any land or building or works which may be necessary or convenient for the purpose of the University on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such buildings or works; (zh) to raise and borrow moneys on bonds, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the University, all expenses incidental to the raising of moneys, to repay and redeem any money borrowed after taking prior permission of the Board of Governors; (zi) to invest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of University; and (zj) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University. (2) Notwithstanding anything contained in sub-section (1), the University shall not dispose of in any manner any immovable property without the prior approval of the Central Government. **8. Jurisdiction of University.— The jurisdiction of the University shall extend to the whole of** India. **9. University to be open to all races, creeds and classes.— (1) The University shall be open to** all persons irrespective of gender, race, caste, creed, disability, domicile, ethnicity, social or economic background. (2) No bequest, donation or transfer of any property shall be accepted by the University which in the opinion of the Board of Governors involves conditions or obligations opposed to the spirit and object of this section. (3) Admissions to every academic programme of study in the University shall be based on merit assessed through transparent and reasonable criteria disclosed prior to the commencement of the process of admission by the University: Provided that the University shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007). 10 ----- **10. Admission of students.— (1) It shall be the endeavor of the University to maintain an all-India** character, and high standards of teaching and research. (2) Admission of students for courses in University shall be made on an all-India basis in such manner as may be specified in the Ordinances. **11. Teaching at University.— All teaching at the University and its campuses or affiliated colleges** shall be conducted by and in the name of the University in accordance with the Statutes and Ordinances made in this behalf. CHAPTER III AUTHORITIES OF UNIVERSITY **12. Authorities of University.— The following shall be the authorities of the University, namely:—** (a) Chancellor; (b) Court; (c) Board of Governors; (d) Academic Council; (e) Board for Affiliation and Recognition; (f) Finance Committee; and (g) such other authorities as may laid down in the Statutes to be the authorities of the University. **13. Chancellor.— (1) The Central Government may, by notification, appoint a person of eminence as** the Chancellor of the University in consultation with such State Governments as it deems fit. (2) The Chancellor shall, by virtue of his office, be the Head of the University and shall preside at the convocations of the University held for conferring degrees. (3) The Chancellor may invite any person or persons of eminence to advise the University in relation to the affairs of the University as and when necessary. (4) Notwithstanding anything contained in this Act, the Chancellor may order or undertake an inspection or inquiry, if he deems it necessary. (5) The Chancellor shall have such other powers as may be laid down in the Statutes. **14. Court. –(1) The Central Government shall, by notification, constitute a Court for the University to** be headed by the Chancellor. (2) The members of the Court shall be nominated by the Central Government, in consultation with such State Governments as it deems fit, from amongst persons of eminence, including from the fields of forensics, bio-technology, criminal justice, law enforcement, technology and academia. 11 ----- (3) The term of office of members of the Court shall be such as may be laid down in the Statutes. (4) The Vice-Chancellor shall be the convenor of the Court. (5) Subject to the provisions of this Act, the Court shall have the following powers and perform the following functions, namely:— (a) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for the improvement and development of the University; (b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts; and (c) to perform such other functions as may be laid down in the Statutes. (6) The Court shall meet at least once in a year. **15. Board of Governors.— (1) The Board of Governors of the University shall consist of the** following members, namely:— (a) Vice-Chancellor—Chairperson, ex officio; (b) Financial Adviser, Ministry of Home Affairs, Government of India—member, ex officio; (c) one representative of the Ministry of Home Affairs in the Government of India not below the rank of Joint Secretary—member, ex officio; (d) an officer of the Home Department, not below the rank of the Secretary to the Government of Gujarat—member, ex officio; (e) Registrar General of the High Court of Gujarat—member, ex officio; (f) Director-cum-Chief Forensic Scientist, Director of Forensic Science Services, Ministry of Home Affairs, Government of India—member, ex officio; (g) five persons of eminence selected from the fields of forensic science, law, enforcement, criminology, computer science, engineering, technology, management, forensic medicine and pharmacy, to be nominated by the Central Government, in consultation with such State Governments as it deems fit—members; (h) all Campus Directors of the University—members, ex officio. (2) The Executive Registrar shall be the Secretary of the Board. (3) The Chairperson shall exercise such other powers and perform such other functions as may be assigned to him by or under this Act or the Statutes. **16. Powers of Board of Governors.—(1) Subject to the provisions of this Act, the Board of** Governors shall be responsible for the general superintendence, direction and the control of affairs of the University and shall exercise all the powers of the University not otherwise provided by this Act, Statutes 12 ----- or Ordinances and shall have the power to review the acts of the Academic Council and the Finance Committee and other committees or authorities of the University. (i) take decisions on question of policy relating to the administration and working of the University; (ii) institute courses of study in the University; (iii) make Statutes; (iv) modify or cancel Statutes; (v) create posts and appoint persons to academic as well as other posts in the University and determine salary structure and the terms and conditions of different cadres of employees; (vi) consider and pass resolutions on the annual report, annual accounts and the budget estimates of the University for every financial year; (vii) invest money and funds of the University and to take decision on the recommendations of the Finance Committee; (viii) publish or finance the publication of studies, treaties, books, periodicals, reports and other literature from time to time and to sell or arrange for the sale as it may deem fit; (ix) appoint such committees as it considers necessary for the exercise of its powers and performance of its duties under this Act; (x) appoint Campus Directors; (xi) consider and approve the proposals recommended by the Board for Affiliation and Recognition; (xii) delegate any of its power to the Directors, Deans, Executive Registrar or any other officer, employee or to any authority of the University or to a committee appointed by it; and (xiii) exercise such other powers and perform such other functions as may be conferred or imposed upon it by or under this Act or the Statutes or Ordinances made thereunder for achieving the objects of the University. (3) The Board of Governors shall meet at least two times in a year and the presence of at least six members shall form the quorum for a meeting of the Board of Governors. **17. Terms of office of members of Board of Governors.— (1) Save as otherwise provided in this** section, the term of a nominated member of the Board of Governors under clause (g) of sub-section (1) of section 15 shall be three years from the date of his nomination. (2) A nominated member of the Board of Governors shall be eligible for re-nomination for the next term. 13 ----- (3) A nominated member of the Board of Governors may resign from his office by writing under his hand addressed to the Chairperson and his resignation shall take effect from the date it is accepted by the Chairperson. (4) The term of office of an ex officio member of the Board of Governors shall continue so long as he holds the office by the virtue of which he is a member. **18. Academic Council.—(1) The Academic Council of the University shall consist of the following** members, namely:— (i) Vice-Chancellor—Chairperson, ex officio; (ii) two academicians or professionals to be nominated by the Board of Governors —members; (iii) two academicians or professionals in the field of forensic science to be nominated by the Board of Governors—members; (iv) Director-cum-Chief Forensic Scientist, Directorate of Forensic Science Services, Ministry of Home Affairs, Government of India—member, ex officio; (v) Campus Directors—members, ex officio; (vi) one Dean or professor or associate professor from each discipline of the School, by rotation, to be nominated by the Vice-Chancellor—members, ex officio; (vii) two representatives of industry or industry bodies in related sectors to be nominated by the Board of Governors—members. (2) The Executive Registrar shall be the Secretary of the Council. (3) The term of office of the members nominated under clauses (ii), (iii), (vi) and (vii) of sub-section (1) shall be three years, and the members shall be eligible for re-nomination for the next term. **19. Powers of Academic Council.— Subject to the provisions of this Act and the Statutes made** thereunder, the Academic Council of the University shall exercise the following powers and perform following functions, namely:— (i) to specify the academic policies of the University and be responsible for the maintenance and improvement of standards of instruction, education and evaluation in the University; (ii) to consider matters of general academic interest either on its own initiative or on a reference from the faculty of the University or the Board of Governors and to take appropriate action thereof; (iii) to review and recommend to the Board of Governors regarding proposals received from the Board for Affiliation and Recognition; (iv) to make Ordinances; 14 ----- (v) to recommend to the Board of Governors, to make such Statutes as are consistent with this Act regarding the academic functioning of the Institute including discipline of students; and (vi) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Statutes or Ordinances. **20. Officers of University.— The following shall be the officers of the University, namely:—** (a) Vice-Chancellor; (b) Campus Directors; (c) Deans; (d) Executive Registrar; and (e) such other persons in the service of the University as may be laid down in the Statutes, to be the officers of the University. **21. Vice-Chancellor.—(1) The Central Government may, in consultation with such State** Governments as it deems fit, by notification, appoint the Vice-Chancellor of the University. (2) A person shall be qualified to be appointed as the Vice-Chancellor of the University, if he is— (i) a person of eminence in the field of forensic sciences; (ii) associated in administration of criminal justice, development matters, education, philanthropy, industrial or business development or exemplary administration in the central services, State services, corporations or public bodies at national and international levels. (3) The Vice-Chancellor shall hold office for a period of three years and shall be eligible for reappointment for another term or till he attains the age of seventy years. (4) The other terms and conditions of the Vice-Chancellor shall be such as may be laid down in the Statutes. (5) The Vice-Chancellor may resign from his office by writing under his hand addressed to the Chancellor and such a resignation shall take effect from the date of acceptance by the Chancellor. **22. Powers of Vice Chancellor.— (1) The Vice-Chancellor shall have, subject to the provisions of** this Act, power to cause an inspection or review to be made by such person or persons as he may direct, of the University, its buildings, hostels, libraries, equipment and systems and processes and of any institution or centre maintained by the University, and also of the examinations, teaching, research and other works conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration, academic affairs and finance of the University. (2) Without prejudice to the generality of the foregoing provisions, the Vice-Chancellor shall— 15 ----- (i) preside at the meetings of the Board of Governors, Academic Council, Board for Affiliation and Recognition and Finance Committee; (ii) be the principal academic and executive officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University; (iii) be responsible for imparting of instructions and maintenance of discipline in the University; (iv) submit annual reports and accounts to the Board of Governors; (v) ensure that decisions taken by the Board of Governors are implemented; (vi) have the power to delegate some of his powers to any of his subordinates under intimation to the Board of Governors; (vii) nominate a Director of the University to perform his functions during the period of his leave; (viii) have all financial powers of the Secretary to the Government of India for the purposes of rules of the Government, in so far as they are applicable or may be made applicable to the conduct of the business of the University, subject to the additional power that may be delegated by the Board of Governors from time to time; (ix) exercise such other powers and perform such other duties as may be assigned to him by or under this Act or the Statutes or Ordinances or as may be delegated to him by the Board of Governors. (3) If the post of the Vice-Chancellor remains vacant for any reason, it shall be open to the Chancellor to authorise a senior regular professor in the service of the University or any other appropriate person possessing the qualification provided under sub-section (2) of section 21 to exercise such powers, functions and duties of the Vice-Chancellor during such vacancy. (4) Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the authority or body of the University empowered under this Act to deal with it, the Vice-Chancellor may take such action as he may deem fit and shall forthwith report the action so taken by him to the authority or body of the University who or which, in the ordinary course, would have dealt with the matter: Provided that if such authority or other body is of the opinion that such action ought not to have been taken by the Vice-Chancellor, it may refer the matter to the Board of Governors which may either confirm the action taken by the Vice-Chancellor or annul the same or modify it in such manner as it thinks fit, and thereupon the action shall cease to have effect or, as the case may be, shall take effect in such modified form, and such modification or annulment shall be without prejudice to the validity of anything previously done by or under the order of the Vice-Chancellor. (5) Where the exercise of the power by the Vice-Chancellor under sub-section (4) involves the appointment of any person, such appointment shall be confirmed by the competent authority in the University empowered to approve such appointment in accordance with the provisions of this Act and the Statutes made thereunder, within a period of one year from the date of order of the Vice-Chancellor, 16 ----- otherwise such appointment shall cease to have effect on the expiration of a period of one year from the date of order of the Vice-Chancellor. **23. Campus Directors.— (1) The Campus Directors of the University shall be appointed by the** Vice-Chancellor with the approval of the Board of Governors in such manner and on such terms and conditions as may be laid down in the Statutes. (2) The Campus Directors shall assist the Vice-Chancellor in managing the academic, administrative and other affairs of the campus of University, and shall exercise such powers and perform such functions as may be laid down in the Statutes or entrusted to them by the Vice-Chancellor. **24. Dean.— (1) The Deans of each School of the University shall be appointed by the Vice-** Chancellor on such terms and conditions as may be laid down in the Statutes. (2) The Deans shall assist the Vice-Chancellor, Executive Registrar and respective Campus Directors in managing the academic and other affairs of the Schools of the University and shall exercise such powers and perform such functions as may be laid down in the Statutes or entrusted to them by the Vice-Chancellor. **25. Executive Registrar.— (1) The Executive Registrar shall be appointed by the University in such** manner and on such terms and conditions as may be laid down in the Statutes. (2) The Executive Registrar shall exercise the following powers and perform the following duties, namely:— (i) be responsible for the custody of records, common seal, the funds and properties of the University; (ii) place before the Board of Governors and other authorities of the University all such information and documents as may be necessary for transaction of its business; (iii) be responsible to the Vice-Chancellor for the proper discharge of his functions; (iv) be responsible for the administration of the University and conduct the examinations and make all other arrangements necessary thereof and be responsible for the execution of all processes connected therewith; (v) attest and execute all documents on behalf of the University; (vi) verify and sign the pleadings in all suits and other legal proceedings by or against the University and all processes in such suits and proceedings shall be issued to and served on the Executive Registrar; (vii) act as the Secretary of the Board of Governors, the Academic Council, the Finance Committee and such committees as may be specified by the Board of Governors; and (viii) exercise such other powers and perform such other duties as may be laid down in the Statutes or as may be delegated to him by the Board of Governors or the Vice-Chancellor. 17 ----- **26. Finance Officer.— The Finance Officer shall be appointed by the University in such manner, on** such emoluments and on such other terms and conditions of service and shall exercise such powers and perform such duties as may be laid down in the Statutes. **27. Other officers.— The manner of appointment and powers and duties of other officers of the** University shall be such as may be laid down in the Statutes. **28. Finance Committee.— (1) The Finance Committee shall consist of the following members,** namely:— (a) Vice-Chancellor, who shall be the Chairperson of the Committee; (b) two members of the Board of Governors, of which one shall be _ex officio member to be_ nominated by the Board of Governors; (c) all Campus Directors; (d) one expert in the field of finance to be nominated by the Board of Governors; (e) Dean of any one School of the University, in rotation, as may be nominated by the Board of Governors. (2) The Executive Registrar shall be the Secretary of the Finance Committee. (3) The term of office of the members nominated under clauses (b), (d) and (e) shall be three years and the said members shall be eligible for renomination. **29. Powers of Finance Committee.— Save as otherwise provided in this Act, the Finance** Committee shall exercise the following powers and perform the following functions, namely:— (a) to examine the annual accounts and annual budget estimates of the University and to advise the Board of Governors thereof; (b) to review from time to time the financial position of the University; (c) to make recommendations to the Board of Governors on all financial policy matters of the University; (d) to make recommendations to the Board of Governors on all proposals involving raising of funds, receipts and expenditure; (e) to provide guidelines for investment of surplus funds; (f) to make recommendations to the Board of Governors on all proposals involving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget needs to be incurred; (g) to examine all proposals relating to the revision of pay scales, upgradation of the pay scales and those items which are not included in the budget prior to placing before the Board of Governors; and 18 ----- (h) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by this Act or the Statutes or Ordinances made thereunder. **30. Board for Affiliation and Recognition.— (1) The Board for Affiliation and Recognition shall be** responsible for admitting colleges and institutions to the privileges of the University. (2) The constitution of the Board for Affiliation and Recognition, the term of office of its members and its powers and functions shall be such as may be laid down in the Statutes. **31. Other officers of University.— The Board of Governors may, by Statutes, declare such other** authorities or officers of the University and specify the powers, functions and duties of each such authority or officer, as the case may be. **32. Grants by Central Government.— For the purpose of enabling the University to discharge its** functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the University, in each financial year, such sums of money in such manner as it may deem fit. **33. Grants by State Governments.— The University may receive such sums of money as grants-in-** aid annually or as one-time grant from any State Government. CHAPTER IV ACCOUNTS AND AUDIT **34. Corpus of University.—The University may receive funds from the Central Government or State** Governments or other sources or use its funds to maintain and operate a corpus of the University. **35. Fund.— (1) The University shall maintain a Fund to which shall be credited—** (a) all moneys provided by the Central Government; (b) all moneys received from State Governments; (c) all fees and other charges received by the University; (d) all moneys received by the University by way of grants, gifts, donations, benefactions, bequests or transfers; (e) all interest from corpus, or any other such earnings; (f) any loans taken by the University; (g) the moneys received by the University from the collaborating industries in terms of the provisions of the Memorandum of Understanding entered between the University and such industry for establishment of sponsored chairs, fellowships or infrastructure facilities of the University; and (h) all moneys received by the University in any other manner or from any other source. 19 ----- (2) All moneys credited to the Fund of the University shall be deposited in such banks or invested in such manner as the University may, with the approval of the Finance Committee, decide. (3) The Fund of the University shall be applied towards the expenses of the University including expenditure incurred in the exercise of its powers and discharge of its functions by or under this Act. **36. Accounts and audit.— (1) The University shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts including the balance-sheet, in such form and accounting standard as may be specified, by notification, by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the University shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by it in connection with such audit shall be payable by it to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the University shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the University. (4) The accounts of the University as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **37. Pension and provident funds.— (1) The University may constitute for the benefit of its** employees such provident or pension fund or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be laid down in the Statutes. (2) Where any provident fund has been constituted under sub-section (1), the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund as if it were a Government provident fund. CHAPTER V ANNUAL REPORT AND APPOINTMENTS **38. Annual report of University.—(1) The annual report of the University shall be prepared by the** Vice-Chancellor, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and an outcome based assessment of the research being undertaken by it, and be submitted to the Board of Governors on or before such date as may be specified and the Board of Governors shall consider the report in its annual meeting. (2) The annual report, as approved by the Board of Governors, shall be published and placed on the website of the University. 20 ----- (3) The Vice-Chancellor shall prepare and release for every year a report, in English and in Hindi, the working of the University in the previous year on or before the expiry of nine months from the close of financial year, and a copy of the same, together with an audited statement of accounts showing the income and expenditure for the previous year shall be submitted to the Central Government within that stipulated time, and the same may be caused to be laid before each House of Parliament. **39. Appointments of officers of University.— All appointments of the employees of the University,** except the Vice-Chancellor, shall be made in accordance with the procedure laid down in the Statutes, by— (a) the Board of Governors, if the appointment is made on the academic staff in the post of Assistant Professor or above, or if the appointment is made on the non-academic staff in any post equivalent to Group ‘A’ and above, as the case may be; (b) by the Vice-Chancellor, in any other case. CHAPTER VI STATUTES AND ORDINANCES **40. Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the** following matters, namely:— (a) the constitution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time; (b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers, academic staff from within the country or from outside the country, and other employees of the University, their emoluments and conditions of service; (e) the appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project; (f) the conditions of service of employees including provisions for pension, insurance, provident fund, manner of termination of service and disciplinary action; (g) the principles governing the seniority of service of the employees of the University; (h) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Board of Governors by any employee or student against the action of any officer or authority of the University; 21 ----- (j) the conferment of affiliation to a college or an institution or a Department under the University; (k) the establishment and abolition of Schools, departments, centres, halls, colleges and institutions; (l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (n) the management of campuses and affiliated colleges by the University; (o) the delegation of powers vested in the authorities or officers of the University; (p) the maintenance of discipline among the employees and students; and (q) any other matter, which by this Act are to be, or may be, laid down in the Statutes. **41. Statutes how to be made.— (1) The first Statutes of the University shall be made by the Board** of Governors with the prior approval of the Central Government and a copy of the same shall be laid as soon as may be it is made, before each House of Parliament: Provided that till such Statutes are made, the provisions of existing regulations of the Gujarat Forensic Sciences University, Gandhinagar shall continue to be applicable: Provided further that till the Statutes for the administrative functioning of Delhi campus of the University is made, the functions in Delhi campus shall continue in the same manner presently being followed by the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi. (2) The Board of Governors may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Board of Governors shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Board of Governors. (3) Notwithstanding anything contained in this section, the Central Government may direct the University to make provisions in the Statutes in respect of any matter as it may specify. (4) The power to make Statutes shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes or any of them, but no retrospective effect shall be given to any Statute so as to prejudicially affect the interests of any person to whom such Statute may be applicable. **42.** **Ordinances.—Subject to the provisions of this Act and the Statutes, the Ordinances may provide** for all or any of the following matters, namely:— (a) the admission of students to the University and their enrolment as such; 22 ----- (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas to the University; (f) the conditions and institution for award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examination including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence and teaching of women students and the specifying of special courses of studies for them; (j) the establishment of centres of studies, boards of studies, specialised laboratories and other committees; (k) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (l) the setting up of machinery for redressal of grievances of employees and students; and (m) any other matter which by this Act or Statutes, is to be, or may be, specified in the Ordinances. **43. Ordinances how made.—(1) Save as otherwise provided in this section, Ordinances shall be** made by the Academic Council. (2) All Ordinances made by the Academic Council shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board of Governors and shall be considered by the Board of Governors at its next succeeding meeting. (3) The Board of Governors shall have power by resolution to approve, modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. CHAPTER VII TRIBUNAL OF ARBITRATION **44. Tribunal of Arbitration.—(1) Every employee of the University shall be appointed under a** written contract, which shall be retained by the University and a copy of which shall be given to the employee concerned. 23 ----- (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Board of Governor, one member nominated by the employee concerned and chaired by an umpire appointed by the Central Government. (3) The decision of the Tribunal of Arbitration shall be final and no suit shall lie in any civil court in respect of the matters decided by the said Tribunal: Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution. (4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996). (5) The procedure for regulating the work of the Tribunal of Arbitration shall be laid down in the Statutes. **45. Redressal for debarment from examination and disciplinary action against students.— (1)** Any student or candidate for an examination whose name has been removed from the rolls of the University by an order or resolution of the Vice-Chancellor and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such order or copy of such resolution by him, appeal to the Board of Governors and the Board of Governors may confirm, modify or reverse the decision of the Vice-Chancellor, as the case may be. (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 44 shall apply to a reference made under this sub-section. CHAPTER VIII MISCELLANEOUS **46. Disputes as to constitution of authorities and bodies.— If any question arises as to whether any** person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Board of Governors for decision. **47. Power of Central Government to make rules in respect of matters relating to Board of** **Governors.—(1) The Central Government may, after previous publication, make rules to carry out the** purposes relating to the Board of Governors. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of filling vacancies among the members of the Board of Governors; (b) the disqualifications for being chosen as, and for being a member of the Board of Governors; (c) the circumstances in which, and the authority by which, members may be removed; 24 ----- (d) the meetings of the Board of Governors and the procedure for conduct of business; (e) the travelling and other allowances payable to members of the Board of Governors; and (f) the manner in which functions of the Board of Governors may be exercised. **48. Acts and proceeding not to be invalidated by vacancies, etc.—No act of the Board of Governors** or any other body set up under this Act or the Statutes, shall be invalid merely by reason of— (a) any vacancy in, or defect in the constitution thereof; or (b) any defect in the election, nomination or appointment of a person acting as a member thereof; or (c) any irregularity in its procedure not affecting the merits of the case. **49. University to be a public authority under Right to Information Act.—The provisions of Right** to Information Act, 2005 (22 of 2005) shall apply to the University, as it were a public authority defined in clause (h) of section 2 of that Act. **50. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against** any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or Statutes or Ordinances made thereunder. **51. Power of Central Government to issue directions.— (1) The University shall, in discharge of** its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time. (2) The decision of the Central Government as to whether a question is one of policy or not shall be final. **52. Residuary provision.— (1) The Board of Governors shall have the authority to deal with any** matter pertaining to the University and not specifically dealt with in this Act. (2) The decision of the Board of Governors on all such matters shall be final. **53. Laying of rules, Statutes, Ordinances and notifications. – (1) Every rule, Statute or Ordinance** made and every notification issued under this Act shall be published in the Official Gazette. (2) Every rule, Statute or Ordinance made and every notification issued under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, Statute, Ordinance or notification or both Houses agree that the rule, Statute, Ordinance or notification should not be made, the rule, Statute, Ordinance or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, Statute, Ordinance or notification. 25 ----- **54. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **55. Transitional provisions.— Notwithstanding anything contained in this Act and the Statutes made** thereunder,— (a) the existing Director General of the Gujarat Forensic Sciences University, Gandhinagar shall be appointed by the Central Government as the first Vice-Chancellor of the University for a period of three years and he shall be eligible for re-appointment for a further period of three years; (b) till such time the University constitutes such authorities or committees as may be required under the provisions of this Act, the existing committee or Board in the Gujarat Forensic Sciences University, Gandhinagar shall continue to exercise the respective roles or, as the case may be, till the Board of Governors determine; (c) the existing Director of Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi shall be appointed as the Campus Director for Delhi campus of the University till a regular Director is appointed by the University; (d) the existing Registrar of the Gujarat Forensic Sciences University, Gandhinagar shall be appointed as the first Executive Registrar of the University, or, as the case may be, till the Board of Governors determine. **56. Repeal of Gujarat Act 17 of 2008.—(1) The Gujarat Forensic Sciences University Act, 2008 is** hereby repealed. (2) Notwithstanding such repeal,— (a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Gujarat Forensic Sciences University Act, 2008, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by or under this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and (b) all the proceedings of selection committee or any other authority, if any, for the appointment or promotion of teachers and other employees that took place before the commencement of this Act and all actions of the concerned authorities in respect of the recommendations of such selection committee or authority, if any, where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified 26 ----- by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take a decision to the contrary. 27 -----

28-Sep-2020

31

The Rashtriya Raksha University Act, 2020.

https://www.indiacode.nic.in/bitstream/123456789/15619/1/AAA2020____31.pdf

central

THE RASHTRIYA RAKSHA UNIVERSITY ACT, 2020 _____________ ARRANGEMENT OF SECTIONS _____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration of Rashtriya Raksha University as an institution of national importance. 3. Definitions. CHAPTER II ESTABLISHMENT OF UNIVERSITY 4. Establishment and incorporation of University. 5. Effect of incorporation of University. 6. Objects of University. 7. Powers and functions of University. 8. Jurisdiction of University. 9. University to be open to all races, creeds and classes. 10. Admission of students. 11. Teaching at University. CHAPTER III AUTHORITIES OF UNIVERSITY 12. Authorities of University. 13. Governing Body. 14. Term of office, vacancies among, and allowances payable to, members of Governing Body. 15. Powers and functions of Governing Body. 16. Executive Council. 17. Academic Council. 18. Functions of Academic Council. 19. Finance Committee. 20. Board for Affiliation and Recognition. 1 ----- SECTIONS 21. Officers of University. 22. Vice-Chancellor. 23. Pro Vice-Chancellor. 24. Registrar. 25. Dean. 26. Finance Officer. 27. Other authorities and officers. 28. Grants by Central Government. 29. Grants by State Governments. 30. Corpus of University. 31. Fund. 32. Accounts and audit. 33. Pension and provident fund. CHAPTER IV ACCOUNTS AND AUDIT CHAPTER V ANNUAL REPORT AND APPOINTMENTS 34. Annual report of University. 35. Appointments. CHAPTER VI STATUTES AND ORDINANCES 36. Statutes. 37. Statutes how made. 38. Ordinances. 39. Ordinances how made. CHAPTER VII TRIBUNAL OF ARBITRATION 40. Tribunal of Arbitration for employees. 41. Redressal for debarment from examination and disciplinary action against students. 2 ----- SECTIONS CHAPTER VIII MISCELLANEOUS 42. Disputes as to constitution of authorities and bodies. 43. Power of Central Government to make rules in respect of matters relating to Governing Body. 44. Acts and proceeding not to be invalidated by vacancies, etc. 45. University to be public authority under Right to Information Act. 46. Power of Central Government to review work and progress made and to hold enquiries. 47. Protection of action taken in good faith. 48. Residuary provisions. 49. Power of Central Government to issue directions. 50. Power to remove difficulties. 51. Laying of rules, Statutes, Ordinances and notifications. 52. Transitional provisions. 53. Repeal of Gujarat Act 14 of 2009. 3 ----- THE RASHTRIYA RAKSHA UNIVERSITY ACT, 2020 ACT NO. 31 OF 2020 [28th September, 2020.] An Act to establish and declare an institution to be known as the Rashtriya Raksha University as an institution of national importance and to provide for its incorporation and matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.— (1) This Act may be called the Rashtriya Raksha University** Act, 2020. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2.** **Declaration** **of** **Rashtriya** **Raksha** **University** **as** **an** **institution** **of** **national** **importance. — Whereas the objects of the Rashtriya Raksha University are such as to make it an** institution of national importance, it is hereby declared that the Rashtriya Raksha University is an institution of national importance. **3. Definitions. — In this Act, unless the context otherwise requires,—** (a) “Academic Council” means the Academic Council of the University referred to in section 17; (b) “affiliated college” means an institution recognised as such by the Executive Council in accordance with the provisions of this Act and the Statutes made thereunder; (c) “college” means an institution maintained by or admitted to the privileges of the University and includes an affiliated college; (d) “Dean” means the Dean of the University appointed under section 25; (e) “department” means an academic department of the University; (f) “distance education system” means the system of imparting education through any means of communication, such as, broadcasting, telecasting, internet, correspondence courses, seminars, contact programmes or the combination of any two or more such modes; (g) “employee” means any person appointed by the University and includes teachers, other academic and non-academic staff of the University; (h) “Executive Council” means the Executive Council of the University constituted under section 16; (i) “Finance Committee” means the Finance Committee of the University constituted under section 19; 1. 1st October, 2020, vide notification No. S.O. 3422(E), dated 30th September, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 4 ----- (j) “Fund” means the Fund of University referred to in section 31; (k) “Governing Body” means the Governing Body of the University constituted under section 13; (l) “notification” means a notification published in the Official Gazette; (m) “Pro Vice-Chancellor” means the Pro Vice-Chancellor of the University appointed under section 23; (n) “Registrar” means the Registrar of the University appointed under section 24; (o) “School” means a school of study of the University; (p) “Statutes” and “Ordinances” mean, respectively, the Statutes and Ordinances of the University made under this Act; (q) “student” means a student of the University and includes any person who has enrolled for pursuing any course of study in the University; (r) “teachers” means professors, associate professors and assistant professors appointed or recognised as such by Statutes for the purposes of imparting instruction in the University or for giving guidance for research or rendering assistance to students for pursuing any course of study in the University; (s) “University” means the Rashtriya Raksha University established under section 4; (t) “Vice-Chancellor” means the Vice-Chancellor of the University appointed under section 22. CHAPTER II ESTABLISHMENT OF UNIVERSITY **4. Establishment and incorporation of University.— (1) The Raksha Shakti University in the State** of Gujarat, established under the Raksha Shakti University Act, 2009 (Gujarat Act 14 of 2009), shall be established as a body corporate under this Act by the name of Rashtriya Raksha University. (2) The Rashtriya Raksha University shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by the said name, sue or be sued. (3) The Headquarters of the University shall be at Gandhinagar in the State of Gujarat. (4) The University may establish and maintain centres and campuses at such other places in India and abroad as it may deem fit. **5. Effect of incorporation of University.— On and from the date of commencement of this Act,—** (a) any reference to the Raksha Shakti University in any contract or other instrument shall be deemed as a reference to the University; (b) all property, movable and immovable, of or belonging to the Raksha Shakti University shall vest in the University; (c) all rights and liabilities of the Raksha Shakti University shall be transferred to, and be the rights and liabilities of, the University; 5 ----- (d) every person employed by the Raksha Shakti University immediately before the commencement of this Act shall hold his office or service in the University by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the University in accordance with the term of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the University of compensation equivalent to three months’ remuneration in case of permanent employees and one month’s remuneration in the case of other employees: Provided further that every person employed before the commencement of this Act, pending the execution of a contract, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this Act and the Statutes: Provided also that any reference, by whatever form of words, to the Vice-Chancellor of the Raksha Shakti University in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Vice-Chancellor of the University; (e) every person pursuing any academic or research course in every existing institute or department under Raksha Shakti University, immediately before commencement of this Act, shall be deemed to have migrated and registered with the corresponding institute or department, on such commencement at the same level of course in the University from which such person migrated and shall continue to pursue such academic or research course in the University; (f) all suits and other legal proceedings instituted by or against Raksha Shakti University, immediately before the commencement of this Act, shall be continued or instituted by or against the University; (g) all colleges, institutions, faculties and departments affiliated to, or admitted to the privileges of, or maintained by, the Raksha Shakti University shall stand affiliated to, or admitted to the privilege of, or maintained by, the University. **6. Objects of University.— The objects of the University shall be to promote global standards and to** provide— (a) dynamic and high standards of learning and research; (b) working environment dedicated to the advancement and dissemination of education, research, training and scholarship of the highest quality in the domain of policing including coastal policing, security, law enforcement, criminal justice, cyber security, cyber crime, artificial intelligence and related areas of internal security; and (c) public safety with a view to build human capital having the highest ideals of citizenship and citizen centric services with special reference to women, weaker sections and minorities, who are endowed with the necessary intellectual acumen, moral commitment and professional competence to meet hands-on, the challenges of crime, justice and public safety in a free society. 6 ----- **7. Powers and functions of University.— (1) Subject to the provisions of this Act, the University** shall exercise the following powers and perform the following functions, namely:— (a) to provide instructions and research in such branches of police sciences including coastal policing, security, cyber security, artificial intelligence, cyber crime, risk management, social sciences including studies related to gender sensitisation, minorities and weaker sections, juvenile justice and such other subjects relevant for the Government as well as private sector, as the University may think fit, and for the advancement of learning, research and dissemination of knowledge in such branches; (b) to plan and prescribe courses of study such as degrees, diplomas and certificates including in-service courses of short and long duration; (c) to endeavour to design and conduct through its affiliated colleges, integrated courses including post-matriculation in policing related or allied subjects; (d) to hold examinations and grant degrees, diplomas, certificates and other academic distinctions; (e) to confer honorary degrees or other distinctions; (f) to grant, subject to such conditions as the University may determine, diplomas or certificates to, of evaluation or any other method of testing, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (g) to provide facilities through distance education system to such persons as it may determine; (h) to introduce semester system, continuous evaluation and choice-based credit system and enter into agreements with other Universities and academic institutions for credit transfer and joint degree programmes; (i) to obtain accreditation from the National Assessment and Accreditation Council or any other accrediting agency at the national level; (j) to introduce e-governance with an effective management information system; (k) to fix, demand and receive fees and other charges; (l) to establish, maintain and manage colleges, institutions and halls in other States and Union territories and hostels for the residence of students; (m) to establish such centres and specialised laboratories or other units for research and instructions as are, in the opinion of the University, necessary for the furtherance of its objects; (n) to supervise and control the residence and regulate the discipline of students of the University and to make arrangements for promoting their health, general welfare, cultural and corporate life; (o) to institute academic and other posts and to make appointments thereto (except in the case of the Vice-Chancellor) as may be necessary for imparting instructions and managing all affairs of the University; (p) to appoint persons working in any other University or academic institution, including those located outside the country as teachers of the University for a specified period; 7 ----- (q) to co-operate, collaborate or partner or associate with educational or other institutions and organisations, public and private, including those located outside the country having objects wholly or partly similar to those of the University by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects; (r) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (s) to provide for the preparation of instructional material, including related software and other audio-visual aids; (t) to make provisions for research and development in areas of core competence of the University; (u) to enter into, carry out, vary or cancel contracts; (v) to provide, control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees including their code of conduct; (w) to establish and maintain such infrastructure as may be necessary; (x) to set up campuses across the country and off-shore campuses as per requirement; (y) to admit foreign students, Overseas Citizen of India card holder, Person of Indian Origin, non-resident Indian, children of Indian workers in Gulf and South East Asian Countries, in such manner and as may be laid down in the Statutes; (z) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University. (2) Notwithstanding anything contained in sub-section (1), the University shall not dispose of in any manner any immovable property without the prior approval of the Central Government. **8. Jurisdiction of University. —The jurisdiction of the University shall extend to the whole of India.** **9. University to be open to all races, creeds and classes.—(1) The University shall be open to all** persons irrespective of gender, race, caste, creed, disability, domicile, ethnicity, social or economic background. (2) No bequest, donation or transfer of any property shall be accepted by the University which in the opinion of the Executive Council involves conditions or obligations opposed to the spirit and object of this section. (3) Admissions to every academic programme of study in the University shall be based on merit assessed through transparent and reasonable criteria disclosed prior to the commencement of the process of admission by the University: Provided that the University shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007). **10. Admission of students.** — (1) It shall be the endeavour of the University to take necessary measures to maintain an all-India character, high standard of teaching and research. (2) Admission of students for courses in the University shall be made on an all-India basis in such manner as may be specified in the Ordinances. 8 ----- (3) Admission of students on international basis may be made in such manner as may be laid down in the Statutes and the directions or instructions or guidelines issued by the Central Government in this behalf. **11. Teaching at University.— All teaching at the University shall be in accordance with the Statutes** and Ordinances made in this behalf. CHAPTER III AUTHORITIES OF UNIVERSITY **12. Authorities of University. —The following shall be the authorities of the University, namely:—** (a) Governing Body; (b) Executive Council; (c) Academic Council; (d) Finance Committee; and (e) such other authorities as may be laid down in the Statutes to be the authorities of the University. **13. Governing Body. — (1) The Central Government may, by the notification in the Official Gazette,** constitute a Governing Body of the University from such date as it may specify therein. (2) The Governing Body shall consist of not more than fifteen members including the Chairperson, with majority of members from academia, industry and relevant professional fields, to be nominated by the Central Government including the following, namely:— (a) Chairperson; (b) Vice-Chancellor of the University, ex officio; (c) one representative of the Ministry of Home Affairs not below the rank of Joint Secretary, _ex officio;_ (d) an officer of Indian Legal Service, not below the rank of Joint Secretary, to be nominated by the Central Government, ex officio; (e) two representatives of the Government of Gujarat being officers not below the rank of Secretary in that Government; (f) one representative of State Police Universities by rotation; (g) one person of eminence from the academia or field of education; (h) one person of eminence or expertise from the industry or corporate sector; (i) one person to be an expert of global eminence from a field having relevance to the objects of the University; (j) not more than three persons having expertise in defence, policing, internal security and allied fields. 9 ----- (3) The Central Government may, in consultation with such State Governments as it deems fit, appoint the Chairperson of the Governing Body, who shall be an eminent person from the field of academia, defence, security, law enforcement or internal security. **14. Term of office, vacancies among, and allowances payable to, members of Governing** **Body. — (1) Save as otherwise provided in this section, the term of office of a member of the Governing** Body, other than an ex officio member, shall be for a period of three years from the date of nomination. (2) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member. (3) The term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated. (4) Notwithstanding anything contained in this section, an outgoing member shall, unless the Governing Body otherwise directs, continue in office until another person is nominated as a member in his place. (5) The members of the Governing Body shall be entitled to such travelling and other allowances as may be laid down in the Statutes, but no member shall be entitled to any salary by reason of this sub-section. **15. Powers and functions of Governing Body. — (1) Subject to the provisions of this Act, the** Governing Body of the University shall be responsible for the general policy making, superintendence, direction and control of the affairs of the University and shall exercise all the powers of the University not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Academic Council. (2) It shall be the general duty of the Governing Body to co-ordinate the activities of the University. (3) Without prejudice to the provisions of sub-section (2), the Governing Body shall perform the following functions, namely:— (a) to formulate and review the broad policies and programmes of the University and suggest measures for the development of the University; (b) to advise on matters relating to the duration of the courses, degrees and other academic distinctions to be conferred by the University, admission standards and other academic matters; (c) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and fellowships, levying of fees and other matters of common interest; (d) to examine the development plans of the University and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; (e) to examine the annual budget estimates of the University and to recommend to the Central Government the allocation of funds for that purpose; (f) to lay down the policy and take decisions on questions of policy relating to the administration and working of the University; (g) to institute courses of study; 10 ----- (h) to make Statutes; (i) to institute and appoint persons to academic as well as other posts; (j) to make necessary recommendation in matters for the furtherance of the objective of the University; (k) to consider and direct the Executive Council to amend or repeal Ordinances; (l) to consider and pass resolutions on the annual report, annual accounts and the budget estimates of the University for the next financial year, together with a statement of its development plans, submitted by the Executive Council and Academic Council, as it thinks fit; (m) to delegate any of its powers to the Executive Council, Vice-Chancellor, Pro Vice Chancellors, Deans, Registrar or any authority of the University or to a committee or to any other officer or employee, of the University; (n) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes. (4) The Governing Body shall have the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act. **16. Executive Council.— (1) The Executive Council shall be the principal executive body of the** University. (2) The Vice-Chancellor shall be the ex officio Chairperson of the Executive Council. (3) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be such as may be laid down in the Statutes: Provided that such number of members as may be laid down in the Statutes shall be from among the members of the Governing Body. **17. Academic Council.—The Academic Council of the University shall consist of the following** persons, namely:— (a) the Vice-Chancellor shall be the ex officio Chairperson of the Academic Council; (b) the professors appointed or recognised as such by the University for the purpose of imparting instruction; (c) three persons to be appointed by the Governing Body from among persons of national or international eminence in the industry or academia having relevance to the objects of the University; (d) two persons, not being employees of the University, to be nominated by the Vice-Chancellor, from amongst educationists of repute; (e) one person with wide experience in policing and internal security on rotation from States and Union territories to be nominated by the Central Government; and (f) two persons from international universities to be nominated by the Governing Body. **18. Functions of Academic Council. —The Academic Council shall be the principal academic body** of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances made 11 ----- thereunder, co-ordinate and exercise control and general supervision over the academic policies of the University and shall be responsible for the maintenance of standards of learning, education, instruction, evaluation and examinations within the University and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Statutes. **19. Finance Committee.—The constitution, powers and functions of the Finance Committee shall be** such as may be laid down in the Statutes. **20. Board for Affiliation and Recognition.— (1) The Board for Affiliation and Recognition shall be** responsible for admitting colleges and institutions to the privileges of the University. (2) The constitution of the Board for Affiliation and Recognition, the term of office of its members and its powers and duties shall be such as may be laid down in the Statutes. **21. Officers of University.— The following shall be the officers of the University, namely:—** (a) Vice-Chancellor; (b) Pro Vice-Chancellor; (c) Registrar; (d) Dean; (e) Finance Officer; and (f) such other officers as may be laid down in the Statutes to be officers of the University. **22. Vice-Chancellor.—(1) The Central Government may, in consultation with such State** Governments as it deems fit, appoint the Vice-Chancellor of the University, who shall be a person possessing the highest level of competence, integrity, moral and institutional commitment, with extensive knowledge in policing or research or administration or social sciences, preferably having wide experience in police training and internal security or a distinguished academician with a minimum of ten years administrative experience in a reputed research or academic organisation. (2) The Vice-Chancellor shall be principal academic and chief executive officer of the University and shall be responsible for the proper administration of the University and for the imparting of instruction and maintenance of discipline therein. (3) The Vice-Chancellor shall submit annual reports and accounts to the Governing Body. (4) It shall be the duty of the Vice-Chancellor to ensure that decisions taken by the Governing Body are implemented. (5) The Vice-Chancellor shall ordinarily preside over the meetings of the Academic Council and convocations of the University. (6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be assigned to him by this Act or laid down in the Statutes or Ordinances. **23. Pro Vice-Chancellor.—The Pro Vice-Chancellor of the University shall be appointed in such** manner, on such emoluments and other conditions of service and shall exercise such powers and perform such duties, as may be laid down in the Statutes. 12 ----- **24. Registrar.—(1) The Registrar of the University shall be appointed in such manner and on such** terms and conditions as may be laid down in the Statutes. (2) The Registrar shall be the custodian of records, common seal, funds of the University and such other property of the University as the Governing Body shall commit to his charge. (3) The Registrar shall act as the Secretary of the Governing Body, the Executive Council, the Academic Council and such other committees as may be laid down in the Statutes. (4) The Registrar shall be responsible to the Vice-Chancellor for the proper discharge of his functions. (5) The Registrar shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or by the Vice-Chancellor. **25. Dean. —The Dean of the University shall be appointed in such manner, on such emoluments and** other conditions of service and shall exercise such powers and perform such duties, as may be laid down in the Statutes. **26. Finance Officer. —The Finance Officer shall be appointed in such manner, on such emoluments** and other conditions of service and shall exercise such powers and perform such duties, as may be laid down in the Statutes. **27. Other authorities and officers. —The powers and duties of other authorities and officers, other** than those hereinbefore mentioned, of the University including their terms and conditions of service shall be such as may be laid down in the Statutes. **28. Grants by Central Government. —For the purpose of enabling the University to discharge its** functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the University in each financial year such sums of money in such manner as it may think fit. **29. Grants by State Governments. —The University may receive such sums of money as grants-in-** aid annually or as one-time grant from any State Government. CHAPTER IV ACCOUNTS AND AUDIT **30. Corpus of University.—The University may receive funds from the Central Government or State** Governments or other sources or use its funds to maintain and operate a corpus of the University. **31. Fund.— (1) The University shall maintain a Fund to which shall be credited—** (a) all moneys provided by the Central Government; (b) all moneys received from State Governments; (c) all fees and other charges received by the University; (d) all moneys received by the University by way of grants, gifts, donations, benefactions, bequests or transfers; and (e) all moneys received by the University in any other manner or from any other source. 13 ----- (2) All moneys credited to the Fund of the University shall be deposited in such banks or invested in such manner as the University may, with the approval of the Central Government, decide. (3) The Fund of the University shall be applied towards meeting its expenses including expenditure incurred in the exercise of its powers and discharge of its duties under this Act. **32. Accounts and audit.—(1) The University shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts including the balance-sheet in such form and accounting standard as may be specified, by notification, by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the University shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by it in connection with such audit shall be payable by it to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the University shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the University. (4) The accounts of the University as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **33. Pension and provident fund.—(1) The University may constitute for the benefit of its employees** such provident or pension fund or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be laid down in the Statutes. (2) Where any provident fund has been constituted under sub-section (1), the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund as if it were a Government provident fund. CHAPTER V ANNUAL REPORT AND APPOINTMENTS **34. Annual report of University. — (1) The annual report of the University shall be prepared by the** Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and an outcome based assessment of the research being undertaken by it, and be submitted to the Governing Body on or before such date as may be specified and the Governing Body shall consider the report in its annual meeting. (2) The annual report as approved by the Governing Body shall be published and placed on the website of the University. (3) The Executive Council shall prepare and release for every year a report, in English and in Hindi, the working of the University in the previous year on or before the expiry of nine months from the close of financial year, and a copy of the same, together with an audited statement of accounts showing the 14 ----- income and expenditure for the previous year shall be submitted to the Central Government within that stipulated time, and the same may be caused to be laid before each House of Parliament. **35. Appointments.—All appointments of the employees of the University, except that of the** Vice-Chancellor, shall be made in accordance with the procedure laid down in the Statutes, by— (a) the Governing Body, if the appointment is made on the academic staff in the post of Assistant Professor or above, or if the appointment is made on the non-academic staff, in any post equivalent to Group ‘A’ and above; (b) by the Vice-Chancellor, in any other case. CHAPTER VI STATUTES AND ORDINANCES **36. Statutes. —Subject to the provisions of this Act, the Statutes may provide for all or any of the** following matters, namely:— (a) the manner of recognition of an institution by the Executive Council as affiliated college; (b) the constitution, powers and functions of, authorities and other bodies including disciplinary committee and examination committee, of the University as may be constituted from time to time; (c) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (d) the appointment, powers and duties of the officers of the University and their emoluments; (e) the appointment of teachers, academic staff and other employees of the University, their emoluments and conditions of service; (f) the appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project; (g) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary action; (h) the principles governing the seniority of service of the employees of the University; (i) the procedure for arbitration in cases of dispute between employees or students and the University; (j) the procedure for appeal to the Governing Body by any employee or student against the action of any officer or authority of the University; (k) the conferment of autonomous status on a college or an institution or a department; (l) the establishment and abolition of Schools, departments, centres, halls, colleges and institutions; (m) the manner of co-operation and collaboration with other Universities, institutions and other agencies including learned bodies, associations and the private sector; (n) the conferment of honorary degrees; 15 ----- (o) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (p) the management of colleges and institutions established by the University; (q) the delegation of powers vested in the authorities or officers of the University; (r) the maintenance of discipline among the employees and students; and (s) any other matter which by this Act is to be, or may be, laid down in the Statutes. **37. Statutes how made.— (1) The first Statute of the University shall be made by the Governing** Body with the prior approval of the Central Government and a copy of the same shall be laid, as soon as may be it is made, before each House of Parliament. (2) The Governing Body may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Governing Body shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Governing Body. **38. Ordinances. —Subject to the provisions of this Act and the Statutes, the Ordinances may** provide for all or any of the following matters, namely:— (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas to the University; (f) the conditions and institution for award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examination including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence and teaching of women students and the specifying of special courses of studies for them; (j) the establishment of centres of studies, boards of studies, specialised laboratories and other committees; (k) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (l) the setting up of machinery for redressal of grievances of employees and students; and 16 ----- (m) any other matter which by this Act or Statutes, is to be, or may be, specified in the Ordinances. **39. Ordinances how made.—(1) Save as otherwise provided in this section, Ordinances shall be** made by the Executive Council. (2) All Ordinances made by the Executive Council shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Governing Body and shall be considered by the Governing Body at its next succeeding meeting. (3) The Governing Body shall have power by resolution to approve, modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. CHAPTER VII TRIBUNAL OF ARBITRATION **40. Tribunal of Arbitration for employees.—(1) Every employee of the University shall be** appointed under a written contract, which shall be retained by the University and a copy of the same shall be given to the employee concerned. (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and chaired by an umpire appointed by the Governing Body. (3) The decision of the Tribunal of Arbitration shall be final and no suit shall lie in any civil court in respect of the matters decided by the said Tribunal: Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution. (4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996). (5) The procedure for regulating the work of the Tribunal shall be laid down in the Statutes. **41.** **Redressal** **for** **debarment** **from** **examination** **and** **disciplinary** **action** **against** **students.—(1) Any student or candidate for an examination whose name has been removed from the rolls** of the University by an order of the Vice-Chancellor on the recommendation of the disciplinary committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such order by him, appeal to the Governing Body and the Governing Body may confirm, modify or reverse the decision of the Vice-Chancellor. 17 ----- (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 40 shall apply to a reference made under this sub-section. CHAPTER VIII MISCELLANEOUS **42.** **Disputes as to constitution of authorities and bodies.— If any question arises as to whether any** person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Central Government, and the decision of that Government thereon shall be final. **43.** **Power of Central Government to make rules in respect of matters relating to Governing** **Body.—(1) The Central Government may, after previous publication, make rules to carry out the** purposes relating to Governing Body. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of filling vacancies among the members of the Governing Body; (b) the disqualifications for being chosen as, and for being a member of the Governing Body; (c) the circumstances in which, and the authority by which, members may be removed; (d) the meetings of the Governing Body and the procedure for conduct of business; (e) the travelling and other allowances payable to members of the Governing Body; and (f) the manner in which functions of the Governing Body may be exercised. **44. Acts and proceeding not to be invalidated by vacancies, etc.—No act of the Governing Body** or any other body set up under this Act or the Statutes, shall be invalid merely by reason of— (a) any vacancy in, or defect in the constitution thereof; or (b) any defect in the election, nomination or appointment of a person acting as a member thereof; or (c) any irregularity in its procedure not affecting the merits of the case. **45. University to be public authority under Right to Information Act.—The provisions of the** Right to Information Act, 2005 (22 of 2005) shall apply to the University, as if it were a public authority defined in clause (h) of section 2 of that Act. **46.** **Power of Central Government to review work and progress made and to hold** **enquiries. — (1) The Central Government may, from time to time, appoint one or more persons to review** 18 ----- the work and progress of the University, including colleges and institutions administered by it, and hold enquiries thereof and to submit a report thereon in such manner as the Central Government may direct. (2) Upon receipt of any such report, the Central Government may, after obtaining the views of the Governing Body thereon through the Vice-Chancellor, take such action and issue such directions as it considers necessary in respect of any of the matters dealt with in the report and the University shall be bound to comply with such directions. **47. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against** any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances made thereunder. **48. Residuary provisions. — (1) The Governing Body shall have the authority to deal with any** matter pertaining to the University and not specifically dealt with in this Act. (2) The decision of the Governing Body on all such matters shall, subject to revision by the Central Government, be final. **49. Power of Central Government to issue directions.—The University shall carry out such** directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act. **50. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **51. Laying of rules, Statutes, Ordinances and notifications.— (1) Every rule, Statute or Ordinance** made and every notification issued under this Act shall be published in the Official Gazette. (2) Every rule, Statute or Ordinance made and every notification issued under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, Statute, Ordinance or notification or both Houses agree that the rule, Statute, Ordinance or notification should not be made, the rule, Statute, Ordinance or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, Statute, Ordinance or notification. 19 ----- **52. Transitional provisions. — (1) The existing Board of Governors, Finance Committee and other** committees functioning in the Raksha Shakti University, Gujarat shall continue to function till such time the University constitutes the authorities or committees under the provisions of this Act. (2) The existing officers of the Raksha Shakti University, Gujarat such as, Vice-Chancellor, Registrar or Finance Officer, shall continue to function till such time the officers are appointed under the provisions of this Act. **53.** **Repeal of Gujarat Act 14 of 2009.—(1) The Raksha Shakti University Act, 2009 is hereby** repealed. (2) Notwithstanding such repeal,— (a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Raksha Shakti University Act, 2009, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by or under this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and (b) all the proceedings of selection committee or any other authority, if any, for the appointment or promotion of teachers and other employees that took place before the commencement of this Act and all actions of the concerned authorities in respect of the recommendations of such selection committee or authority, if any, where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceedings in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take a decision to the contrary. __________ 20 -----

28-Sep-2020

30

The Bilateral Netting of Qualified Financial Contracts Act, 2020

https://www.indiacode.nic.in/bitstream/123456789/15618/1/AA2020_30.pdf

central

# THE BILATERAL NETTING OF QUALIFIED FINANCIAL CONTRACTS ACT, 2020 __________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY # SECTIONS 1. Short title and commencement. 2. Definitions. 3. Applicability of Act. 4. Powers of authority. 5. Enforceability of netting. # CHAPTER II APPLICATION OF ACT CHAPTER III # INVOCATION OF CLOSE-OUT NETTING 6. Invocation of close-out netting. 7. Net amount. CHAPTER IV LIMITATIONS ON POWERS OF ADMINISTRATION PRACTITIONER 8. Limitations on powers of administration practitioner. CHAPTER V MISCELLANEOUS 9. Power to amend Schedules. 10. Provisions of this Act to override other laws. 11. Power to remove difficulties. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 1 ----- # THE BILATERAL NETTING OF QUALIFIED FINANCIAL CONTRACTS ACT, 2020 ACT NO. 30 OF 2020 [28th September, 2020.] # An Act to ensure financial stability and promote competitiveness in Indian financial markets by providing enforceability of bilateral netting of qualified financial contracts and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Bilateral Netting of Qualified** Financial Contracts Act, 2020. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “administration” means proceedings of the nature of placing under administration and includes imposition of moratorium, reorganisation, winding up, liquidation (including any compulsory winding up procedure or proceeding), insolvency, bankruptcy, composition with creditors, receivership, conservatorship or any proceedings of nature similar to or resulting in any of the foregoing, initiated or commenced under any law for the time being in force, against a qualified financial market participant; (b) “administration practitioner” means the liquidator, receiver, trustee, conservator, resolution professional or any other person or entity, by whatever name called, which administers the affairs of a party subject to administration under any law for the time being in force; (c) “authority” means the Central Government or any of the regulatory authorities as specified in the First Schedule; (d) “banking institution” means,— (i) scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); and (ii) any other bank as the Reserve Bank of India may specify; (e) “close-out netting” means a process involving termination of obligations under a qualified financial contract with a party in default and subsequent combining of positive and negative replacement values into a single net payable or receivable as set out in section 6; (f) “collateral” means,— (i) money, in the form of cash, credited to an account in any currency, or a similar claim for repayment of money, such as a money market deposit; (ii) securities of any kind, including debt and equity securities; (iii) guarantees, letters of credit and obligations to reimburse; and (iv) any asset commonly used as collateral under any law for the time being in force; 1. 1st October, 2020, vide notification No. S.O. 3463(E), dated 1st October, 2020 see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 2 ----- (g) “collateral arrangement” means any margin, collateral or security arrangement or other credit enhancement related to or forming part of a netting agreement or one or more qualified financial contracts to which a netting agreement applies, and includes,— (i) a pledge or any other form of security interest in collateral, whether possessory or non possessory; (ii) a title transfer collateral arrangement; and (iii) any guarantee, letter of credit or reimbursement obligation by or to a party to one or more qualified financial contracts, in respect of those qualified financial contracts; or a netting agreement; (h) “insolvent party” means the party to a qualified financial contract in relation to which insolvency, winding up, liquidation, resolution, administration or similar proceedings have been instituted under any law for the time being in force in India or under the laws of any other country, including of its incorporation; (i) “margin” means the amount, form and type of collateral required as a performance bond for the purchase, sale or carrying of a qualified financial contract and includes— (A) initial margin which protects the transacting parties from potential future exposure likely to arise from future changes in the mark-to-market value of the qualified financial contract during the close-out and replace the position in the event of counterparty default; and (B) variation margin which protects the transacting parties from the current exposure that has already been incurred by one of the parties from changes in the mark-to-market value of the qualified financial contract after the transaction has been executed; (j) “netting” means determination of net claim or obligations after setting off or adjusting all the claims or obligations based or arising from mutual dealings between the parties to qualified financial contracts and includes close-out netting; (k) “netting agreement” means an agreement that provides for netting, and includes,— (i) an agreement that provides for the netting of amounts due under two or more netting agreements; and (ii) a collateral arrangement relating to or forming part of a netting agreement; (l) “non-insolvent party” means the party to a qualified financial contract that is not the insolvent party; (m) “notification” means a notification published in the Official Gazette and the term “notify” shall be construed accordingly; (n) “qualified financial contract” means a qualified financial contract notified by the authority under clause (a) of section 4; (o) “qualified financial market participant” includes,— (i) a banking institution, or a non-banking financial company, or such other financial institution which is subject to regulation or prudential supervision by the Reserve Bank of India; (ii) an individual, partnership firm, company, or any other person or body corporate whether incorporated under any law for the time being in force in India or under the laws of any other country and includes any international or regional development bank or other international or regional organisation; (iii) an insurance or reinsurance company which is subject to regulation or prudential supervision by the Insurance Regulatory and Development Authority of India established under the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); 3 ----- (iv) a pension fund regulated by the Pension Fund Regulatory and Development Authority established under the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013) ; (v) a financial institution regulated by the International Financial Services Centres Authority established under the International Financial Services Centres Authority Act, 2019 (50 of 2019); and (vi) any other entity notified by the relevant authority under clause (b) of section 4; (p) “Schedule” means the First Schedule or the Second Schedule to this Act; (q) “title transfer collateral arrangement” means a margin, collateral or security arrangement related to a netting agreement based on the transfer of title to collateral, whether by outright sale or by way of security, including a sale and repurchase agreement, securities lending agreement, securities, buy or sell-back agreement or an irregular pledge. (2) Words and expressions used but not defined in this Act and defined in the Reserve Bank of India Act, 1934 (2 of 1934), the Insurance Act, 1938 (4 of 1938), the Banking Regulation Act,1949 (10 of 1949), the Securities Contracts (Regulation) Act, 1956 (42 of 1956), the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), the Securities and Exchange Board of India Act,1992 (15 of 1992), the Foreign Exchange Management Act,1999 (42 of 1992), the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), the Payment and Settlement Systems Act, 2007 (51 of 2007), the Companies Act, 2013 (18 of 2013) the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013) and the Insolvency and Bankruptcy Code, 2016 (31 of 2016), shall have the meanings respectively assigned to them in those enactments. # CHAPTER II APPLICATION OF ACT **3. Applicability of Act.—The provisions of this Act shall apply to a qualified financial contract** entered into on a bilateral basis between qualified financial market participants, either under a netting agreement or otherwise, where at least one of such participants shall be an entity regulated by an authority specified in the First Schedule. **4. Powers of authority.— The relevant authority may, by notification,—** (a) designate any bilateral agreement or contract or transaction, or type of contract regulated by it, as qualified financial contract: Provided that the contract, so designated under this clause, shall not include any contract,— (i) entered into between such parties and on such terms as the Central Government may, by notification, specify; or (ii) entered into on multilateral basis in accordance with the provisions of the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and the Payment and Settlement Systems Act, 2007 (51 of 2007); (b) specify any entity regulated by it, as a qualified financial market participant to deal in qualified financial contracts. **5. Enforceability of netting.—(1) Netting of the qualified financial contract shall be** enforceable— (a) where such contract is entered into with a netting agreement, in accordance with the terms of the netting agreement: Provided that the inclusion of any non-qualified financial contract in a netting agreement shall not invalidate the enforceability of netting of qualified financial contract under such agreement; or 4 ----- (b) where such contract is entered into without a netting agreement, in accordance with the provisions of section 6. (2) A qualified financial contract shall not be void and shall be deemed never to have been void or unenforceable by reason of any law for the time being in force. (3) Close-out netting of a qualified financial contract shall be enforceable against an insolvent party, and, wherever applicable, against a guarantor or other person providing collateral or security for a party and shall not be affected or stopped or otherwise limited by:— (i) the appointment of, or any application for the appointment of, an administration practitioner, or (ii) applicability of any provision of law relating to administration, or (iii) any other provision of law that may be applicable to an insolvent party (4) Where a qualified financial market participant is subject to administration, then notwithstanding,— (i) any stay, injunction, avoidance, moratorium or similar proceedings or any other order of a court, tribunal or authority, or (ii) any order of adjudication or dissolution or winding up or resolution or insolvency, or (iii) any rule, regulation, scheme, direction, guideline, circular or order, made or issued under any law for the time being in force, close-out netting shall be applicable and nothing contained therein shall affect the validity of close-out netting under this Act. (5) The amount payable or other claims to be made in accordance with the close-out netting under this Act shall be final, irrevocable and binding upon the parties to a qualified financial contract and upon the administration practitioner, of the party in administration. # CHAPTER III INVOCATION OF CLOSE-OUT NETTING **6. Invocation of close-out netting.— (1) Close-out netting may be commenced by a notice given** by one party to the other party of a qualified financial contract upon the occurrence of an event of default with respect to the other party or a termination event that may, in certain circumstances, occur automatically as specified in the netting agreement: Provided that where any one of the parties to a netting agreement is subject to administration, then no prior notice to or consent of the party in insolvency, winding up, liquidation, administration or resolution proceeding, or to the administration practitioner of such proceeding, shall be required. _Explanation.—For the purposes of this sub-section,—_ (i) “event of default” means failure to pay or deliver or honour the obligations of a qualified financial contract, or bankruptcy, or any other event as may be agreed upon by the parties in the agreement; and (ii) “termination event” means the occurrence of any event mentioned in the netting agreement which gives one or both parties the right to terminate relevant transactions under that agreement. (2) The parties to a qualified financial contract shall ensure that all obligations owed by one party to another party under a qualified financial contract are reduced to or replaced with single net amount which has the following effect, namely:— 5 ----- (a) the termination, liquidation or acceleration of any present or future payment or delivery rights or obligations arising under or in connection with any one or more qualified financial contracts to which a netting agreement applies; (b) the calculation or estimation of a close-out value, market value, liquidation value or replacement value in respect of each right and obligation or group of rights and obligations terminated, liquidated or accelerated under clause (a) and the conversion of each such value into a single currency; and (c) the determination of the net balance of the values calculated under clause (b), whether by operation of set-off or otherwise, giving rise to the obligation of one party to pay an amount equal to the net balance to the other party. (3) Without prejudice to the provisions of any law for the time being in force requiring the realisation, appropriation or liquidation of collateral, and unless otherwise agreed by the parties, the realisation, appropriation or liquidation of collateral under a collateral arrangement shall take effect without any requirement of prior notice to, or consent from, any party, person or entity. (4) Close-out netting shall be applicable to all qualified financial market participants who are parties to a qualified financial contract notwithstanding anything to the contrary contained in any law specified in the Second Schedule or any other law pursuant to which any qualified financial market participant has been incorporated, constituted or is regulated. **7. Net amount. —(1) Where parties to the qualified financial contract enter into a netting** agreement, the net amount payable under the close-out netting shall be determined in accordance with the terms of the netting agreement entered into by the parties. (2) In the absence of the netting agreement, where the parties to a qualified financial contract fail to agree on the sum with regard to the net amount payable under the close-out netting, such sum shall be determined through arbitration. # CHAPTER IV LIMITATIONS ON POWERS OF ADMINISTRATION PRACTITIONER **8. Limitations on powers of administration practitioner. —The administration practitioner shall** not render or seek to render ineffective,— (a) any transfer, substitution or exchange of cash, collateral or any other interests under or in connection with a netting agreement between the insolvent party and the non-insolvent party to a qualified financial contract; or (b) any payment or delivery obligation incurred by the insolvent party and owing to the non insolvent party under or in connection with a netting agreement on the grounds of it constituting a preference including a fraudulent preference or a transfer for undervalue, including during a suspect period by the insolvent party to the non-insolvent party. _Explanation.—For the purposes of this clause, “suspect period” means the relevant period referred_ to in sub-section (4) of section 43 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) in respect of “preferential transaction” and in sub-section (1) of section 46 of the said Code in respect of “undervalued transaction”. 6 ----- # CHAPTER V MISCELLANEOUS **9. Power to amend Schedules. —(1) If the Central Government is satisfied that it is necessary or** expedient so to do, it may, by notification, add to or otherwise amend the First Schedule or the Second Schedule and thereupon, the First Schedule or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly. (2) Every notification issued under sub-section (1) shall be laid, as soon as may be after it is issued, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. **10. Provisions of this Act to override other laws.— The provisions of this Act shall have effect,** notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law. **11. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 7 ----- # THE FIRST SCHEDULE [See sections 2(1) (c), (p) and 9(1)] Sl. No Name of the authority Act No. (1) (2) (3) 1. The Reserve Bank of India, established under section 3 of the Reserve Bank of India Act, 1934. 2. The Securities and Exchange Board of India, established under section 3 of the Securities and Exchange Board of India Act, 1992. 3. The Insurance Regulatory and Development Authority of India, established under section 3 of the Insurance Regulatory and Development Authority Act, 1999. 4. The Pension Fund Regulatory and Development Authority, established under section 3 of the Pension Fund Regulatory and Development Authority Act, 2013. 5. The International Financial Services Centres Authority established under section 4 of the International Financial Services Centres Authority Act, 2019. 8 2 of 1934. 15 of 1992. 41 of 1999. 23 of 2013. 50 of 2019. ----- THE SECOND SCHEDULE [See sections 6(4) and 9(1)] Sl. No Name of the enactment Act No (1) (2) (3) 1. The Reserve Bank of India Act, 1934. 2 of 1934. 2. The Insurance Act, 1938. 4 of 1938. 3. The Banking Regulation Act, 1949. 10 of 1949. 4. The State Bank of India Act, 1955. 23 of 1955. 5. The Securities Contracts (Regulation) Act, 1956. 42 of 1956. 6. The Banking Companies (Acquisition and Transfer of 5 of 1970. Undertakings) Act, 1970. 7. The Regional Rural Bank Act, 1976. 21 of 1976. 8. The Banking Companies (Acquisition and Transfer of 40 of 1980. Undertakings) Act, 1980. 9. The Securities and Exchange Board of India Act, 1992. 15 of 1992. 10. The Foreign Exchange Management Act, 1999. 42 of 1999. 11. The Insurance Regulatory and Development Authority Act, 41 of 1999. 1999. 12. The Payment and Settlement Systems Act, 2007. 51 of 2007. 13. The Companies Act, 2013. 18 of 2013. 14. The Pension Fund Regulatory and Development Authority 23 23 of 2013. of 2013 Act, 2013. 15. The Insolvency and Bankruptcy Code, 2016. 31 of 2016. 9 -----

28-Sep-2020

36

The Code on Social Security, 2020

https://www.indiacode.nic.in/bitstream/123456789/16823/1/a2020-36.pdf

central

# THE CODE ON SOCIAL SECURITY ACT, 2020 __________________ # ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS # 1. Short title extent, commencement and application. 2. Definitions. 3. Registration and cancellation of an establishment. CHAPTER II SOCIAL SECURITY ORGANISATIONS # 4. Constitution of Board of Trustees of Employees’ Provident Fund. 5. Constitution of Employees’ State Insurance Corporation. 6. National Social Security Board and State Unorganised Workers’ Board. 7. Constitution of State Building Workers’ Welfare Boards. 8. Disqualification and removal of a member of any Social Security Organisation. 9. Procedure for transaction of business of Social Security Organisation, etc. 10. Executive Heads of Central Board and Corporation. 11. Supersession of Corporation, Central Board, National Social Security Board or State Unorganised Workers’ Board or the Building Workers’ Welfare Board. 12. State Board, Regional Boards, local committees, etc. 13. Entrustment of additional functions to Social Security Organisations. CHAPTER III EMPLOYEES’ PROVIDENT FUND # 14. Appointment of officers of Central Board. 15. Schemes. 16. Funds. 17. Contribution in respect of employees and contractors. 18. Fund to be recognised under Act 43 of 1961. 19. Priority of payment of contributions over other debts. 20. Chapter not to apply to certain establishments. 21. Authorising certain employers to maintain provident fund accounts. 22. Transfer of accounts. 23. Appeal to Tribunal. CHAPTER IV EMPLOYEES STATE INSURANCE CORPORATION # 24. Principal Officers and other staff. 25. Employees’ State Insurance Fund. 26. Purposes for which Employees’ State Insurance Fund may be expended. 27. Holding of property, etc. 28. All employees to be insured. 29. Contributions. 30. Administrative expenses. 31. Provisions as to payment of contributions by employer, etc. 32. Benefits. 33. Corporation’s power to promote measures for health, etc., of Insured Persons. 1 ----- SECTIONS # 34. Presumption as to accident arising in course of employment. 35. Accidents happening while acting in breach of law, etc. 36. Occupational disease. 37. References to medical board. 38. Dependants’ benefit. 39. Medical benefit. 40. Provision of medical treatment by State Government or by Corporation. 41. General provisions as to benefits. 42. Corporation’s rights when an employer fails to register, etc. 43. Liability of owner or occupier of factories, etc, for excessive sickness benefit. 44. Scheme for other beneficiaries. 45. Scheme for unorganised workers, gig workers and platform workers. 46. Exemption of factories or other establishments belonging to Government or any local authority. 47. Contributions, etc., due to corporation to have priority over other debts. 48. Constitution of Employees Insurance Court. 49. Matters to be decided by Employees Insurance court. 50. Powers of Employees Insurance court. 51. Proceedings of Employees Insurance courts. 52. Appeal to High Court. CHAPTER V GRATUITY # 53. Payment of gratuity. 54. Continuous service. 55. Nomination. 56. Determination of amount of gratuity. 57. Compulsory Insurance. 58. Competent authority. CHAPTER VI METERNITY BENEFIT # 59. Employment of, or work by, women prohibited during certain period. 60. Right to payment of maternity benefit. 61. Continuance of payment of maternity benefit in certain cases. 62. Notice of claim for maternity benefit and payment thereof. 63. Payment of maternity benefit in case of death of a woman. 64. Payment of medical bonus. 65. Leave for miscarriage, etc. 66. Nursing breaks. 67. Creche facility. 68. Dismissal for absence during pregnancy. 69. No deduction of wages in certain cases. 70. Forfeiture of maternity benefit. 71. Duties of employer. 72. Power of Inspector-cum-facilitator to direct payments to be made. 2 ----- CHAPTER VII EMPLOYEES’ COMPENSATION SECTIONS # 73. Reports of fatal accidents and serious bodily injuries. 74. Employer’s liability for compensation. 75. Compensation in case of death of or injury in plantation. 76. Amount of compensation. 77. Compensation to be paid when due and damages for default. 78. Method of calculating monthly wages for purposes of compensation. 79. Review. 80. Commutation of half-monthly payments. 81. Distribution of compensation. 82. Notice and claim. 83. Special provisions relating to accidents occurring outside Indian Territory. 84. Medical examination. 85. Contracting. 86. Remedies of employer against stranger. 87. Insolvency of employer. 88. Power to require from employers statements regarding fatal accidents. 89. Registration of agreements. 90. Reference to competent authority. 91. Appointment of competent authority. 92. Venue of proceedings and transfer. 93. Form of application. 94. Power of competent authority to require further deposit in cases of fatal accident. 95. Powers and procedure of competent authority. 96. Appearance of parties. 97. Method of recording evidence. 98. Power to submit cases. 99. Appeal against order of competent authority. CHAPTER VIII SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND OTHER CONSTRUCTION WORKERS # 100. Levy and collection of cess. 101. Interest payable on delay in payment of cess. 102. Power to exempt from cess. 103. Self-assessment of cess. 104. Penalty for non-payment of cess within the specified time. 105. Appeal to appellate authority. 106. Registration of building workers as beneficiaries. 107. Cessation as a beneficiary. 108. Building and other construction worker’s welfare Fund and its applications. CHAPTER IX SOCIAL SECURITY FOR UNORGANISED WORKERS, GIG WORKERS AND PLANTFORM WORKERS # 109. Framing of schemes for unorganised workers. 110. Funding of state government schemes. 111. Record keeping. 112. Helpline, facilitation centre, etc., for unorganised workers, gig workers and platform workers. 3 ----- SECTIONS # 113. Registration of unorganised workers, gig workers and platform workers. 114. Schemes for gig workers and platform workers. CHAPTER X FINANCE AND ACCOUNTS # 115. Accounts. 116. Audit. 117. Budget estimates. 118. Annual report. 119. Valuation of assets and liabilities. 120. Holding of property, etc., by social security organisation. 121. Writing off of losses. CHAPTER XI AUTHORITIES, ASSESSMENT, COMPLIANCE AND RECOVERY # 122. Appointment of Inspector-cum-Facilitators and their powers. 123. Maintenance of records, registers, returns, etc. 124. Employer not to reduce wages, etc. 125. Assessment and determination of dues from employer. 126. Appeal against order of Authorised officer relating to chapter IV. 127. Interest on amount due. 128. Power to recover damages. 129. Recovery of amount due. 130. Validity of certificate and amendment thereof. 131. Other modes of recovery. 132. Application of certain provisions of Income-tax act. CHAPTER XII OFFENCES AND PENALTIES # 133. Penalty for failure to pay contributions, etc. 134. Enhanced punishment in certain cases after previous conviction. 135. Offences by companies. 136. Cognizance of offences. 137. Prior opportunity before prosecution. 138. Compounding of offences. CHAPTER XIII EMPLOYMENT INFORMATION AND MONITORING # 139. Reporting of vacancies to career centres. 140. Exclusions from application of this chapter. CHAPTER XIV MISCELLANEOUS # 141. Social Security Fund. 142. Application of Aadhaar. 143. Power to exempt establishment. 144. Power to defer or reduce. 145. Liability in case of transfer of establishment. 146. Members, officers and staff to be public servants. 147. Protection of action taken in good faith. 4 ----- SECTIONS # 148. Misuse of benefits. 149. Power of central Government to give directions to state government and social security organizations. 150. Power to frame schemes. 151. Protection against attachment, etc. 152. Power to amend schedule. 153. Transitional provisions. 154. Power of appropriate Government to make rules. 155. Power of central Government to make rules. 156. Power of state Government to make rules. 157. Power of corporation to make regulations. 158. Prior publication of rules, regulations, etc. 159. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation. 160. Laying of rules, regulations and schemes, etc. 161. Effect of laws and agreements inconsistent with this code. 162. Delegation of powers. 163. Power to remove difficulties. 164. Repeal and savings. THE FIRST SCHEDULE THE SECOND SCHEDULE THE THIRD SCHEDULE THE FOURTH SCHEDULE THE FIFTH SCHEUDLE THE SIXTH SCHEDUEL THE SEVEN SCHEDULE 5 ----- # THE CODE ON SOCIAL SECURITY, 2020 ACT NO. 36 OF 2020 [28th September, 2020.] # An Act to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, commencement and application.—(1) This Act may be called the Code on** Social Security, 2020. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the coming into force of that provision. (4) The applicability of the Chapters specified in columns (1) and (2) of the First Schedule shall, without prejudice to the applicability of the other provisions of this Code, be such as is specified in corresponding entry in column (3) of that Schedule. (5) Notwithstanding anything contained in sub-section (4), where it appears to the Central Provident Fund Commissioner, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of Chapter III should be made applicable to that establishment, the Central Provident Fund Commissioner, may, by notification, apply the provisions of the said Chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement: Provided that where the employer of an establishment to which the provisions of Chapter III applied under this sub-section desires to come out of such applicability, he may make an application to the Central Provident Fund Commissioner and the Central Provident Fund Commissioner shall, if satisfied that there is an agreement between the employer and majority of the employees to this effect, make the provisions of that Chapter inapplicable to such establishment, in such manner and subject to such conditions as may be prescribed by the Central Government. (6) The Central Government may, after giving not less than two months' notice of its intention so to do, by notification, apply the provisions of this Code to any establishment employing not less than such number of persons as may be specified in the notification. (7) Notwithstanding anything contained in sub-section (4), where it appears to the Director General of the Corporation, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of Chapter IV should be made applicable to that establishment, the Director General of the Corporation, may, by notification, apply the provisions of the said Chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement: Provided that where the employer of an establishment to which the provisions of Chapter IV applied under this sub-section desires to come out of such applicability, he may make an application to the Director General of the Corporation and Director General of the Corporation shall, if satisfied that there is an 1. 3rd May, 2021- S. 142, vide notification No. S.O. 1730(E), dated 30th April, 2021, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 6 ----- agreement between the employer and majority of the employees to this effect, make the provisions of that Chapter inapplicable to such establishment, in such manner and subject to such conditions as may be prescribed by the Central Government. (8) Notwithstanding anything contained in sub-section (4), an establishment to which any Chapter applies at the first instance shall continue to be applied thereafter even if the number of employees therein at any subsequent time falls below the threshold specified in the First Schedule in respect of that Chapter. **2. Definitions.—** In this Code, unless the context otherwise requires,— (1) “agent” when used in relation to an establishment, means every person, whether appointed as such or not, who acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of such establishment or part thereof; (2) “aggregator” means a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider; (3) “appropriate Government” means— (a) in relation to, an establishment carried on by or under the authority of the Central Government or concerning any such controlled industry as may be specified by notification in this behalf, by the Central Government or the establishment of railways including metro railways, mines, oil field, major ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a Central Act or the central public sector undertaking or subsidiary companies set up by the central public sector undertakings, subsidiary companies set up by the principal undertakings or autonomous bodies owned or controlled by the Central Government, including establishment of contractors for the purposes of such establishment, corporation or other authority, central public sector undertakings, subsidiary companies or autonomous bodies or any company in which not less than fifty-one per cent. of the paid up share capital is held by the Central Government, as the case may be, or in relation to an establishment having departments or branches in more than one State, as the case may be, the Central Government; and (b) in relation to any other establishment, the State Government. _Explanation 1.—For the purposes of this clause, the expression “metro railway” means the metro_ railway as defined in sub-clause (i) of clause (1) of section 2 of the Metro Railways (Operation and Maintenance ) Act, 2002 (60 of 2002). _Explanation 2.—For the purposes of this clause, the Central Government shall continue to be the_ appropriate Government for the central public sector undertakings even if the holding of the Central Government reduces to less than fifty per cent. equity in that public sector undertaking after the commencement of this Code; (4) “audio-visual production” means audio-visual produced wholly or partly in India and includes— (i) animation, cartoon depiction, audio-visual advertisement; (ii) digital production or any of the activities in respect of making thereof; and (iii) features films, non-feature films, television, web-based serials, talk shows, reality shows and sport shows; (5) “Authorised Officer” means such officer of the Central Board, or as the case may be, of the Corporation notified by the Central Government; (6) “building or other construction work” means the construction, alteration, repairs, maintenance or demolition in relation to buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, internet towers, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aquaducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the Central Government, by notification, but does not include any building or other 7 ----- construction work which is related to any factory or mine or any building or other construction work employing less than ten workers in the preceding twelve months or where such work is related to own residential purposes of an individual or group of individuals for their own residence and the total cost of such work does not exceed fifty lakhs rupees or such higher amount and employing more than such number of workers as may be notified by the appropriate Government; (7) “building worker” means a person who is employed to do any skilled, semi-skilled or unskilled, manual, technical or clerical work for hire or reward, whether the terms of such employment are express or implied, in connection with any building or other construction work, but does not include any such person who is employed mainly in a managerial or supervisory or administrative capacity; (8) “Building Workers' Welfare Board” means the State Building and other Construction Workers' Welfare Board constituted under sub-section (1) of section 7; (9) “career centre” means any office (including employment exchange, place or portal) established and maintained in the manner prescribed by the Central Government for providing such career services (including registration, collection and furnishing of information, either by the keeping of registers or otherwise, manually, digitally, virtually or through any other mode) as may be prescribed by the Central Government, which may, inter alia, relate generally or specifically to— (i) persons who seek to employ employees; (ii) persons who seek employment; (iii) occurrence of vacancies; and (iv) persons who seek vocational guidance and career counselling or guidance to start self employment; (10) “Central Board” means the Board of Trustees of the Employees' Provident Fund constituted under section 4; (11) “Central Provident Fund Commissioner” means the Central Provident Fund Commissioner of the Central Board appointed under sub-section (1) of section 14; (12) “child”, for the purposes of Chapter VI, includes a stillborn child; (13) “Commissioning mother” means a biological mother who uses her egg to create an embryo implanted in any other woman; (14) “company” means a company as defined in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013); (15) “compensation” means compensation as provided under Chapter VII; (16) “competent authority” means any authority appointed under section 58 for the purposes of Chapter V or notified for the purposes of Chapter VI or appointed under section 91 for the purposes of Chapter VII, as the case may be, as competent authority by the appropriate Government or the State Government, as the case may be; (17) “completed year of service” means continuous service for twelve months; (18) “confinement” means labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead; (19) “contract labour” means a worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer and includes inter-State migrant worker but does not include an employee (other than part time employee) who is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis), and gets periodical increment in the pay, social security coverage and other welfare benefits in accordance with the law for the time being in force in such employment; 8 ----- (20) “contractor”, in relation to an establishment means a person, who— (i) undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment through contract labour; or (ii) supplies contract labour for any work of the establishment as mere human resource, and includes a sub-contractor; (21) “contribution” means the sum of money payable by the employer, under this Code, to the Central Board and to the Corporation, as the case may be, and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Code; (22) “Corporation” means the Employees' State Insurance Corporation constituted under section 5; (23) “delivery” means the birth of a child; (24) “dependant” means any of the following relatives of deceased employee, namely:— (a) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter or a widowed mother: Provided that for the purposes of Chapter IV, a legitimate adopted son, who has not attained the age of twenty-five years, shall be dependant of the deceased employee; (b) if wholly dependant on the earnings of the employee at the time of his death, a legitimate or adopted son or a daughter who has attained the age of eighteen years and who is infirm; except for the purposes of Chapter IV wherein the word “eighteen” occurring in this sub-clause shall be deemed to have been substituted by the word “twenty-five”; (c) if wholly or in part dependent on the earnings of the employee at the time of his death,— (i) a widower; (ii) a parent other than a widowed mother; (iii) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor; (iv) a minor brother or an unmarried sister or a widowed sister if a minor; (v) a widowed daughter-in-law; (vi) a minor child of a pre-deceased son; (vii) a minor child of a pre-deceased daughter where no parent of the child is alive, or; (viii) a grandparent if no parent of the employee is alive. _Explanation.—For the purposes of sub-clause (b) and items (vi) and (vii) of sub-clause (c), references_ to a son, daughter or child include an adopted son, daughter or child, respectively; (25) “dock work” means any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from ship or other vessel, port, dock, storage place or landing place, and includes— (i) work in connection with the preparation of ships or other vessels for receipt or discharge of cargoes or leaving port; (ii) all repairing and maintenance processes connected with any hold, tank structure or lifting machinery or any other storage area on board the ship or in the docks; and (iii) chipping, painting or cleaning of any hold, tank, structure or lifting machinery or any other storage area in board the ship or in the docks; (26) “employee” means any person (other than an apprentice engaged under the Apprentices Act, 1961) (52 of 1961) employed on wages by an establishment, either directly or through a contractor, to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical, 9 ----- clerical or any other work, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate Government, but does not include any member of the Armed Forces of the Union: Provided that for the purposes of Chapter III, except in case of the Employees’ Provident Fund Scheme and Chapter IV, the term “employee” shall mean such employee drawing wages less than or equal to the wage ceiling notified by the Central Government and includes such other persons or class of persons as the Central Government may by notification, specify to be employee, for the purposes of those Chapters: Provided further that for the purposes of counting of employees for the coverage of an establishment under Chapter III and Chapter IV, as the case may be, the employees, whose wages are more than the wage ceiling so notified by the Central Government, shall also be taken into account: Provided also that for the purposes of Chapter VII, the term “employee” shall mean only such persons as specified in the Second Schedule and such other persons or class of persons as the Central Government, or as the case may be, the State Government may add to the said Schedule, by notification, for the purposes of that Government; (27) “employer” means a person who employs, whether directly or through any person, or on his behalf, or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any department of the Central Government or the State Government, the authority specified, by the head of such department, in this behalf or where no authority is so specified, the head of the department and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,— (a) in relation to an establishment which is a factory, the occupier of the factory; (b) in relation to mine, the owner of the mine or agent or manager having requisite qualification under the law for the time being in force and appointed by the owner or agent of the mine as such; (c) in relation to any other establishment, the person who, or the authority which has ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager or managing director, such manager or managing director; (d) contractor; and (e) legal representative of a deceased employer; (28) “employment injury” means a personal injury to an employee, caused by accident or an occupational disease, as the case may be, arising out of and in the course of his employment,— (i) for the purposes of Chapter IV, if the employee is an insured or insurable employee under section 28 whether such accident occurs or the occupational disease is contracted within or outside the territorial limits of India; and (ii) for the purposes of Chapter VII, whether such accident occurs or the occupational disease is contracted within or outside the territorial limits of India; (29) “establishment” means— (a) a place where any industry, trade, business, manufacture or occupation is carried on; or (b) a factory, motor transport undertaking, newspaper establishment, audiovisual production, building and other construction work or plantation; or (c) a mine, port or vicinity of port where dock work is carried out. _Explanation.—For the purposes of Chapter III, where an establishment consists of different_ departments or has branches, whether situate in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment; (30) “executive officer” means such officer of the appropriate Government as may be notified by that Government for the purposes of Chapter XIII or an officer authorised in writing by such executive officer to discharge his duties under that Chapter; 10 ----- (31) “exempted employee” for the purposes of Chapter III, means an employee to whom any of the schemes referred to in section 15, but for the exemption granted under this Code, would have applied and for the purposes of Chapter IV, means an employee, whose wage is specified in the notification by the Central Government and who is not liable to pay employee's contribution; (32) “factory” means any premises including the precincts thereof— (a) whereon ten or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (b) whereon twenty or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine, or a mobile unit belonging to the Armed Forces of the Union, railways running shed or a hotel, restaurant or eating place. _Explanation_ 1.—For computing the number of employees for the purposes of this clause, all the employees in (different groups and relays) a day shall be taken into account. _Explanation 2.—For the purposes of this clause, the mere fact that an Electronic Data Processing Unit_ or a Computer Unit is installed in any premises or part thereof, shall not be construed as factory if no manufacturing process is being carried on in such premises or part thereof; (33) “family” means all or any of the following relatives of an employee or an unorganised worker, as the case may be, namely:— (a) a spouse; (b) a minor legitimate or adopted child dependent upon the employee or an unorganised worker, as the case may be; (c) a child who is wholly dependent on the earnings of the employee or an unorganised worker, as the case may be, and who is— (i) receiving education, till he attains the age of twenty-one years; and (ii) an unmarried daughter; (d) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the employee or an unorganized worker, as the case may be, so long as the infirmity continues; (e) dependent parents (including father-in-law and mother-in-law of a woman employee), whose income from all sources does not exceed such income as may be prescribed by the Central Government; (f) in case the employee or an unorganised worker, as the case may be, is unmarried and his parents are not alive, a minor brother or sister wholly dependent upon the earnings of the Insured Person; (34) “fixed term employment” means the engagement of an employee on the basis of a written contract of employment for a fixed period: Provided that— (a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent employee doing the same work or work of a similar nature; and (b) he shall be eligible for all benefits, under any law for the time being in force, available to a permanent employee proportionately according to the period of service rendered by him even if his period of employment does not extend to the required qualifying period of employment; (35) “gig worker” means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship; 11 ----- (36) “home-based worker” means a person engaged in, the production of goods or services for an employer in his home or other premises of his choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment, materials or other inputs; (37) “Inspector-cum-Facilitator” means an Inspector-cum-Facilitator appointed under section 122; (38) “Insurance Fund” means the Deposit-Linked Insurance Fund established under clause (c) of sub-section (1) of section 16; (39) “Insured Person” means the Insured Person referred to in section 28; (40) “Insurance Scheme” means the Deposit-Linked Insurance Scheme framed under clause (c) of sub section (1) of section 15; (41) “inter-State migrant worker” means a person who is employed in an establishment and who— (i) has been recruited directly by the employer or indirectly through contractor in one State for employment in such establishment situated in another State; or (ii) has come on his own from one State and obtained employment in an establishment of another State (hereinafter called destination State) or has subsequently changed the establishment within the destination State, under an agreement or other arrangement for such employment and drawing wages not exceeding eighteen thousand rupees per month or such higher amount as may be notified by the Central Government from time to time; (42) “manufacturing process” means any process for—(i) making, altering, repairing, ornamenting, finishing, oiling, washing, cleaning, breaking up, demolishing, refining, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or (ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or (iv) composing, offset printing, printing by letter press, lithography, photogravure screen printing, three or four dimensional printing, prototyping, flexography or other types of printing process or book binding; or (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or (vi) preserving or storing any article in cold storage; or (vii) such other activities as the Central Government may notify; (43) “maternity benefit”, in respect of Chapter VI, means the payment referred to in sub-section (1) of section 60; (44) “medical practitioner” means a person registered under any law for the time being in force, or, any person declared by the State Government, by notification, to be qualified as medical practitioner for the purposes of this Code: Provided that different class or classes of medical practitioner having specific qualification may be notified by the Central Government for the purposes of Chapter IV and by the appropriate Government for other Chapters of this Code; (45) “medical termination of pregnancy” means the termination of pregnancy permissible under the provisions of the Medical Termination of Pregnancy Act, 1971 (34 of 1971); (46) “mine” shall have the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952); (47) “minor” means a person who has not attained the age of eighteen years; (48) “miscarriage” means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy, but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860); 12 ----- (49) “National Social Security Board” means the National Social Security Board for Unorganised Workers constituted under sub-section (1) of section 6; (50) “notification” means a notification published in the Gazette of India or the Official Gazette of a State, as the case may be, and the expression “notify” with its grammatical variations and cognate expressions shall be construed accordingly; (51) “occupational disease” means a disease specified in the Third Schedule as a disease peculiar to the employment of the employee; (52) “occupier” in respect of a factory means the person who has ultimate control over the affairs of the factory: Provided that— (a) in the case of a firm or other association of individuals, any one of the individual partners or members thereof; (b) in the case of a company, any one of the directors, except any independent director within the meaning of sub-section (6) of section 149 of the Companies Act, 2013 (18 of 2013); (c) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority or such other authority as may be prescribed by the Central Government, shall be deemed to be the occupier: Provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, the owner of the dock shall be deemed to be the occupier for all purposes except the matters as may be prescribed by the Central Government which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier; (53) “oilfield” shall have the meaning assigned to it in clause (e) of section 3 of the Oilfields (Regulation and Development) Act, 1948 (53 of 1948); (54) “organised sector” means an enterprise which is not an unorganised sector; (55) “permanent partial disablement” means, where the disablement is of a permanent nature, such disablement as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement: Provided that every injury specified in Part II of the Fourth Schedule shall be deemed to result in permanent partial disablement; (56) “permanent total disablement” means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement: Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of the Fourth Schedule or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent.; (57) “Pension Fund” means the Pension Fund established under clause (b) of sub-section (1) of section 16; (58) “Pension Scheme” means the Employees' Pension Scheme framed under clause (b) of sub-section (1) of section 15; (59) “plantation” means— (a) any land used or intended to be used for— (i) growing tea, coffee, rubber, cinchona or cardamom which admeasures five hectares or more; 13 ----- (ii) growing any other plant, which admeasures five hectares or more and in which ten or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the Central Government, the State Government, by notification, so directs. _Explanation.—Where any piece of land used for growing any plant referred to in this sub-clause_ admeasures less than five hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-clause, the piece of land first mentioned shall be deemed to be a plantation, if the total area of both such pieces of land admeasures five hectares or more; (b) any land which the State Government may, by notification, declare and which is used or intended to be used for growing any plant referred to in sub-clause (a), notwithstanding that it admeasures less than five hectares: Provided that no such declaration shall be made in respect of such land which admeasures less than five hectares immediately before the commencement of this Code; and (c) offices, hospitals, dispensaries, schools and any other premises used for any purpose connected with any plantation within the meaning of sub-clause (a) and sub-clause (b); but does not include factory on the premises; (60) “platform work” means a work arrangement outside of a traditional employer employee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services or any such other activities which may be notified by the Central Government, in exchange for payment; (61) “platform worker” means a person engaged in or undertaking platform work; (62) “port” shall have the meaning assigned to it in clause (4) of section 3 of the Indian Ports Act, 1908 (15 of 1908); (63) “Provident Fund” means the Employees' Provident Fund established under clause (a) of sub-section (1) of section 16; (64) “Provident Fund Scheme” means the Employees' Provident Fund Scheme framed under clause (a) of sub-section (1) of section 15; (65) “prescribed” means prescribed by rules made under this Code; (66) “railway” shall have the meaning assigned to it in clause (31) of section 2 of the Railways Act, 1989 (24 of 1989); (67) “railway company” includes any persons whether incorporated or not, who are owners or lessees of a railway or parties to an agreement for working a railway; (68) “Recovery Officer” means any officer of the Central Government, the State Government, the Central Board or the Corporation, who may be authorised by the Central Government or the State Government, as the case may be, by notification, to discharge the functions and to exercise the powers of a Recovery Officer under this Code; (69) “regulations” means regulations made by the Corporation under this Code; (70) “retirement” means termination of the service of an employee otherwise than on superannuation; (71) “sales promotion employees” means the sales promotion employees as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976); (72) “Schedule” means a Schedule to this Code; (73) “seamen” means any person forming part of the crew of any ship, but does not include the master of the ship; (74) “seasonal factory “ means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of ground-nuts, the 14 ----- manufacture of indigo, lac, sugar (including gur) or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year in a manufacturing process as the Central Government may, by notification, specify; (75) “self-employed worker” means any person who is not employed by an employer, but engages himself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the Central Government or the State Government, as the case may be, from time to time or holds cultivable land subject to such ceiling as may be notified by the State Government; (76) “shop”, in respect of a State, means a shop as defined in any law for the time being in force dealing with the shop in that State; (77) “sickness” means a condition which requires medical treatment and attendance and necessitates abstention from work on medical ground; (78) “social security” means the measures of protection afforded to employees, unorganised workers, gig workers and platform workers to ensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner by means of rights conferred on them and schemes framed, under this Code; (79) “Social Security Organisation” means any of the following organisations established under this Code, namely:— (a) the Central Board of Trustees of Employees' Provident Fund constituted under section 4; (b) the Employees' State Insurance Corporation constituted under section 5; (c) the National Social Security Board for Unorganised Workers constituted under section 6; (d) the State Unorganised Workers' Social Security Board constituted under section 6; (e) the State Building and other Construction Workers' Welfare Boards constituted under section 7; and (f) any other organisation or special purpose vehicle declared to be the social security organisation by the Central Government; (80) “State Government” includes— (a) in relation to a Union territory with legislature, the Government of the Union territory; and (b) in relation to a Union territory without legislature, the administrator appointed under article 239 of the Constitution as an administrator thereof; (81) “State Unorganised Workers' Board” means the State Unorganised Workers' Social Security Board constituted under sub-section (9) of section 6; (82) “superannuation”, in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service, as the age on the attainment of which the employee shall vacate the employment: Provided that for the purposes of Chapter III, the age of superannuation shall be fifty-eight years; (83) “temporary disablement” means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of doing the work which he was doing prior to or at the time of the injury; (84) “Tribunal” means the Industrial Tribunal constituted by the appropriate Government under section 7A of the Industrial Disputes Act, 1947 (14 of 1947); (85) “unorganised sector” means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten; 15 ----- (86) “unorganised worker” means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by the Industrial Disputes Act, 1947 or Chapters III to VII of this Code; (87) “vacancy”, for the purposes of Chapter XIII, means an unoccupied post (including newly created post, post of trainee, post to be filled through apprentice or any unoccupied post created in an establishment by any other means) in a cadre or occupation for the purpose of employing a person and carrying remuneration; (88) “wages” means all remuneration, whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,— (a) basic pay; (b) dearness allowance; and (c) retaining allowance, if any, but does not include— (a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment; (b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government; (c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; (f) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal; (h) any overtime allowance; (i) any commission payable to the employee; (j) any gratuity payable on the termination of employment; (k) any retrenchment compensation or other retirement benefit payable to the employee or any _ex gratia payment made to him on the termination of employment, under any law for the time being in_ force: Provided that for calculating the wages under this clause, if payments made by the employer to the employee under sub-clauses (a) to (i) exceeds one-half, or such other per cent. as may be notified by the Central Government, of the all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent. so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause: Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages, the emoluments specified in sub-clauses (d), (f), (g) and (h) shall be taken for computation of wage. _Explanation.—Where an employee is given in lieu of the whole or part of the wages payable to him,_ any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent. of the total wages payable to him, shall be deemed to form part of the wages of such employee; 16 ----- (89) “wage ceiling” means such amount of wages as may be notified by the Central Government, for the purposes of becoming a member under Chapter III and Chapter IV; (90) “wage worker” means a person employed for remuneration in the unorganized sector, directly by an employer or through any contractor, irrespective of place of work, whether exclusively for one employer or for one or more employers, whether in cash or in kind, whether as a home-based worker, or as a temporary or casual worker, or as a migrant worker, or workers employed by households including domestic workers, with a monthly wage of an amount as may be notified by the Central Government and the State Government, as the case may be; (91) “woman” means a woman employed, whether directly or through any contractor, for wages in any establishment: Provided that for the purposes of Chapter IV, a woman who is or was an employee in respect of whom contribution is or were payable under the said Chapter and who is by reason thereof, entitled to any of the benefits provided under the said Chapter shall be called “insured woman” and shall include— (i) a commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman; (ii) a woman who legally adopts a child of up to three months of age. **3. Registration and cancellation of an establishment.—(1) Every establishment to which this Code** applies shall be electronically or otherwise, registered within such time and in such manner as may be prescribed by the Central Government: Provided that the establishment which is already registered under any other Central labour law for the time being in force shall not be required to obtain registration again under this Code and such registration shall be deemed to be registration for the purposes of this Code: (2) Any establishment to which Chapter III or Chapter IV applies, and whose business activities are in the process of closure, may make an application for cancellation of registration granted under this section. (3) The manner of making application for cancellation of the registration under sub-section (2), the conditions subject to which the registration shall be cancelled and the procedure of cancellation and other matters relating thereto, shall be such as may be prescribed by the Central Government. CHAPTER II SOCIAL SECURITY ORGANISATIONS **4. Constitution of Board of Trustees of Employees’ Provident Fund.—(1) The Central Government** may, by notification, constitute, with effect from such date as may be specified therein, a Board of Trustees of the Employees' Provident Fund to be called the Central Board, for the purposes of Chapter III and the provisions of this Code relating to that Chapter, for the administration of the funds vested in it in such manner as may be prescribed by the Central Government, consisting of the following members, namely:— (a) a Chairperson and a Vice-Chairperson to be appointed by the Central Government; (b) not more than five persons appointed by the Central Government from amongst its officials; (c) not more than fifteen persons representing Governments of such States as the Central Government may specify in this behalf, to be appointed by the Central Government; (d) ten persons representing employers of the establishments to which the schemes referred to in sub section (1) of section 15 applies, to be appointed by the Central Government after consultation with such organisations of employers as may be recognised by the Central Government in this behalf; (e) ten persons representing employees in the establishments to which schemes referred to in sub section (1) of section 15 applies, who shall be appointed by the Central Government after consultation with such organisations of employees as may be recognised by that Government in this behalf; and (f) the Central Provident Fund Commissioner, ex officio. 17 ----- (2) The Central Board shall be a body corporate by the name of Board of Trustees of the Employees' Provident Fund, having perpetual succession and a common seal and shall by the said name sue and be sued. (3) The Central Government may, by notification, constitute, with effect from such date as may be specified therein, an Executive Committee from amongst the members of the Central Board to assist the Central Board in performance of its functions in such manner as may be prescribed by the Central Government. (4) The Central Board may, by order, constitute one or more committees of such composition as may be specified in the order to assist it in the discharge of its functions. (5) The Central Board may, by order, delegate to its Chairperson or to its Executive Committee or to any of its officers and a State Board constituted under section 12 may, by order, delegate to its Chairperson or to any of its officers, subject to such conditions and limitations, if any, as it may specify in such order, such of its powers and functions under this Code as it may deem necessary for efficient administration of the schemes referred to in sub-section (1) of section 15. (6) The terms and conditions, including tenure of office, subject to which a member of the Central Board and Executive Committee shall discharge their respective duties may be such as may be prescribed by the Central Government: Provided that a member of the Central Board shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed. (7) The Central Board, apart from the functions specified in this Code, shall also perform such other functions in such manner as may be prescribed by the Central Government. **5. Constitution of Employees’ State Insurance Corporation.—** (1) The Central Government may, by notification, constitute with effect from such date as may be specified therein, the Employees' State Insurance Corporation to be called the Corporation, for the purposes of Chapter IV and the provisions of this Code relating to that Chapter and the administration thereof, in such manner as may be prescribed by the Central Government, consisting of the following members, namely:— (a) a Chairperson to be appointed by the Central Government; (b) a Vice-Chairperson to be appointed by the Central Government; (c) not more than five persons to be appointed by the Central Government from amongst its officials; (d) one person representing each of such States in such manner, as may be prescribed by the Central Government; (e) one person to be appointed by the Central Government to represent the Union territories; (f) ten persons representing employers to be appointed by the Central Government in consultation with such organisations of employers as may be recognised for the purpose by the Central Government; (g) ten persons representing employees to be appointed by the Central Government in consultation with such organisations of employees as may be recognised for the purpose by the Central Government; (h) two persons representing the medical profession to be appointed by the Central Government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the Central Government; (i) three members of Parliament of whom two shall be members of the House of the People (Lok Sabha) and one shall be a member of the Council of States (Rajya Sabha) elected respectively by the members of the House of the People and the members of the Council of States; and (j) the Director General of the Corporation, ex officio. (2) The Corporation shall be a body corporate by the name of Employees' State Insurance Corporation, having perpetual succession and a common seal and shall by the said name sue and be sued. 18 ----- (3) The Central Government may, by notification, constitute, with effect from such date as may be specified therein, a Standing Committee from amongst the members of the Corporation, in such manner as may be prescribed by the Central Government. (4) Subject to the general superintendence and control of the Corporation, the Standing Committee— (a) shall administer the affairs of the Corporation and may exercise any of the powers and perform any of the functions of the Corporation in such manner as may be prescribed by the Central Government; (b) shall submit for the consideration and decision of the Corporation all such cases and matters as may be specified in the regulations made in this behalf; and (c) may, in its discretion, submit any other case or matter for the decision of the Corporation. (5) (a) The Central Government may, by notification, constitute, with effect from such date as may be specified therein, a Medical Benefit Committee of such composition as may be specified therein, to assist the Corporation and the Standing Committee in performance of its functions relating to administration of medical benefits. (b) the Medical Benefit Committee shall perform such duties and exercise such powers as may be prescribed by the Central Government. (6) The Corporation may, by order, constitute one or more committees of such composition as may be specified in the regulations to assist it in the discharge of its functions. (7) The terms and conditions, including tenure of office, subject to which a member of the Corporation and Standing Committee shall discharge their respective duties may be such as may be prescribed by the Central Government: Provided that a member of the Corporation shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed. **6. National Social Security Board and State Unorganised Workers’ Board.—(1) The Central** Government shall, by notification, constitute a National Social Security Board for unorganised workers to exercise the powers conferred on, and to perform the functions assigned to, it under this Code, in such manner as may be prescribed by the Central Government. (2) The National Social Security Board shall consist of the following members, namely:— (a) Union Minister for Labour and Employment as Chairperson; (b) Secretary, Ministry of Labour and Employment as Vice-Chairperson; (c) forty members to be nominated by the Central Government, out of whom— (i) seven members representing unorganised sector workers; (ii) seven members representing employers of unorganised sector; (iii) seven members representing eminent persons from civil society; (iv) two members representing the Lok Sabha and one from the Rajya Sabha; (v) ten members representing Central Government Ministries and Departments concerned; (vi) five members representing State Governments; (vii) one member representing the Union territories; and (d) the Director General Labour Welfare, as Member-Secretary, ex officio. (3) All members except Chairperson of the National Social Security Board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration. (4) The manner in which members shall be nominated from each of the categories specified in clause (c) of sub-section (2), the term of office and other conditions of service of members, the procedure to be 19 ----- followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the National Social Security Board shall be such as may be prescribed by the Central Government: Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the Scheduled Tribes, the minorities and women. (5) The term of the National Social Security Board shall be three years. (6) The National Social Security Board shall meet at least thrice a year, at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed by the Central Government. (7) The National Social Security Board shall perform the following functions, namely:— (a) recommend to the Central Government for framing suitable schemes for different sections of unorganised workers, gig workers and platform workers; (b) advise the Central Government on such matters arising out of the administration of this Code as may be referred to it; (c) monitor such social welfare schemes for unorganised workers, gig workers and platform workers as are administered by the Central Government; (d) review the record keeping functions performed at the State level; (e) review the expenditure from the fund and account; and (f) undertake such other functions as are assigned to it by the Central Government from time to time. (8) The Central Government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the Central Government upon such matters arising out of the administration of this Code relating to unorganised workers and such other matters as the Central Government may refer to it for advice. (9) Every State Government shall, by notification, constitute a State Board to be known as (name of the State) Unorganised Workers' Social Security Board to exercise the powers conferred on, and to perform the functions assigned to, it under this Code, in such manner as may be prescribed by the State Government. (10) Every State Unorganised Workers' Board shall consist of the following members, namely:— (a) Minister of Labour and Employment of the concerned State as Chairperson, ex officio; (b) Principal Secretary or Secretary (Labour) as Vice-Chairperson; (c) one member representing the Central Government in the Ministry of Labour and Employment; (d) thirty-one members to be nominated by the State Government, out of whom— (i) seven representing the unorganised workers; (ii) seven representing employers of unorganised workers; (iii) two members representing the Legislative Assembly of the concerned State; (iv) five members representing eminent persons from civil society; (v) ten members representing the State Government Departments concerned; and (e) Member-Secretary as notified by the State Government. (11) All members except Chairperson of the State Unorganised Workers' Board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration. (12) The manner in which members shall be nominated from each of the categories specified in clause (d) of sub-section (10), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the State Unorganised Workers' Board shall be such as may be prescribed by the State Government: 20 ----- Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the Scheduled Tribes, the minorities and women. (13) The term of the State Unorganised Workers' Board shall be three years. (14) The State Unorganised Workers' Board shall meet at least once in a quarter at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed by the State Government. (15) The State Board shall perform the following functions, namely:— (a) recommend the State Government for framing suitable schemes for different sections of the unorganised sector workers; (b) advise the State Government on such matters arising out of the administration of this Code as may be referred to it; (c) monitor such social welfare schemes for unorganised workers as are administered by the State Government; (d) review the record keeping functions performed at the district level; (e) review the progress of registration and issue of cards to unorganised sector workers; (f) review the expenditure from the funds under various schemes; and (g) undertake such other functions as are assigned to it by the State Government from time to time. (16) The State Government may, by notification, constitute with effect from such date as may be specified therein, one or more advisory committee to advise the State Government upon such matters arising out of the administration of this Code relating to unorganised workers and such other matters as the State Government may refer to it for advice. **7. Constitution of State Building Workers’ Welfare Boards.—(1) Every State Government shall,** with effect from such date as it may, by notification, appoint, constitute a Board to be known as the................(name of the State) Building and Other Construction Workers' Welfare Board to exercise the powers conferred on, and perform the functions assigned to, it under this section and Chapter VIII. (2) The Building Workers' Welfare Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued. (3) The Building Workers' Welfare Board shall consist of a chairperson to be nominated by the State Government, one member to be nominated by the Central Government and such number of other members, not exceeding fifteen, as may be appointed to it by the State Government: Provided that the Building Workers' Welfare Board shall include an equal number of members representing the State Government, the employers and the building workers and that at least one member of the Board shall be a woman. (4) The terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the Building Workers' Welfare Board, and the manner of filling of casual vacancies of the members of the Building Workers' Welfare Board, shall be such as may be prescribed by the State Government. (5) (a) The Building Workers' Welfare Board shall appoint a Secretary and such officers and employees as it considers necessary for the efficient discharge of its functions under this Code. (b) The Secretary of the Building Workers' Welfare Board shall be its chief executive officer. (c) The terms and conditions of appointment and the salary and allowances payable to the Secretary and the other officers and employees of the Building Workers' Welfare Board shall be such as may be prescribed by the State Government. (6) The Building Workers' Welfare Board shall perform the following functions, namely:— (a) provide death and disability benefits to a beneficiary or his dependants; 21 ----- (b) make payment of pension to the beneficiaries who have completed the age of sixty years; (c) pay such amount in connection with premium for Group Insurance Scheme of the beneficiaries as may be prescribed by the appropriate Government; (d) frame educational schemes for the benefit of children of the beneficiaries as may be prescribed by the appropriate Government; (e) meet such medical expenses for treatment of major ailments of a beneficiary or, such dependant, as may be prescribed by the appropriate Government; (f) make payment of maternity benefit to the beneficiaries; (g) frame skill development and awareness schemes for the beneficiaries; (h) provide transit accommodation or hostel facility to the beneficiaries; (i) formulation of any other welfare scheme for the building worker beneficiaries by State Government in concurrence with the Central Government; and (j) make provision and improvement of such other welfare measures and facilities as may be prescribed by the Central Government. (7) The State Government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the State Government upon such matters arising out of the administration of this Code relating to building workers and such other matters as the State Government may refer to it for advice. **8. Disqualification and removal of a member of any Social Security Organisation.—(1) No person** shall be chosen as, or continue to be, a member of a Social Security Organisation, or any Committee thereof who,— (a) is or at any time has been adjudged an insolvent; or (b) is found to be a lunatic or becomes of unsound mind; or (c) is or has been convicted of any offence involving moral turpitude; or (d) is an employer in an establishment and has defaulted in the payment of any dues under this Code; (e) is a member of a Social Security Organisation being a member of the Parliament or a member of a State Legislative Assembly, when he ceases to be such member of the Parliament or State Legislative Assembly, as the case may be; or (f) is a member of Social Security Organisation being a member of the Parliament or a member of a State Legislative Assembly, and he becomes a— (i) Minister of Central or State Government; or (ii) Speaker or Deputy Speaker of House of the People or a State Legislative Assembly; or (iii) Deputy Chairman of the Council of States. _Explanation 1.—If any question arises whether any person is disqualified under clause (d), it shall be_ referred to the appropriate Government and the decision of the appropriate Government on any such question shall be final. _Explanation 2.—Clause (f) shall not apply in case of persons who are members of the Social Security_ Organisation ex officio, by virtue of being a Minister. (2) The Central Government, in case of the Central Board, the Corporation and the National Social Security Board and the State Government in case of the State Unorganised Workers' Board and the Building Workers' Welfare Board, may remove any member of such Social Security Organisation from his office, who,— (a) is or has become subject to any of the disqualifications mentioned in sub-section (1); or 22 ----- (b) is absent without leave of the Social Security Organisation of which he is a member for more than three consecutive meetings of the Social Security Organisation or a Committee thereof; (c) in the opinion of such Government, has so abused the position of his office as to render that member's continuation in the office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such member in the opinion of such Government: Provided that no person shall be removed under clauses (b) and (c), unless that person has been given an opportunity to show cause as to why he should not be removed: Provided further that a member of the Executive Committee of the Central Board or the Standing Committee of the Corporation shall cease to hold office if he ceases to be a member of the Central Board or the Corporation, as the case may be. (3) Any member of a Social Security Organisation or a Committee thereof may at any time resign from his office in writing under his hand addressed to the Central Government or the State Government, as the case may be, which had made his appointment and on acceptance of such resignation, his office shall become vacant. (4) If in a Social Security Organisation or a Committee thereof, the Central Government or the State Government, as the case may be, is of the opinion that— (a) any member thereof representing employers or the employees or the unorganised workers, as the case may be, ceases to adequately represent so; or (b) any member thereof representing to be an expert in a specified area, is later on found not to possess sufficient expertise in that area; or (c) having regard to exigencies of circumstances or services in such Government, the member thereof representing such Government cannot continue to represent the Government, then, such Government may, by order, remove such member from his office: Provided that no person shall be removed under clause (a) or clause (b), unless that person has been given an opportunity to show cause as to why he should not be removed. (5) If any member of a Social Security Organisation or a Committee thereof, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any matter coming up for consideration of the Social Security Organisation or a Committee thereof, then, he shall, as soon as may be possible after such fact of interest has come to his knowledge, disclose the nature of the interest and such disclosure shall be recorded in the proceedings of the Social Security Organisation or the Committee thereof, as the case may be, and such member, thereafter, shall not take part in any proceeding or decision of the Social Security Organisation, or a Committee thereof relating to that matter. **9. Procedure for transaction of business of Social Security Organisation, etc. (1) A Social Security** Organisation or any Committee thereof shall meet at such intervals and observe such procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be prescribed by the Central Government. (2) All orders and decisions of the Social Security Organisation shall be authenticated by the Central Provident Fund Commissioner, Director General, Director General Labour Welfare, State Principal Secretary or Secretary (Labour) of the respective Social Security Organisations or such other officer as may be notified by the appropriate Government and all other instruments issued by the Social Security Organisation shall be authenticated by the signature of such officer as may be authorised by an order by the respective Social Security Organisations. (3) No act done or proceeding taken by a Social Security Organisation or any Committee thereof shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Social Security Organisation or the Committee thereof, as the case may be. (4) Such members of a Social Security Organisation or any Committee thereof shall be entitled for such fee and allowances as may be prescribed by the Central Government. 23 ----- **10. Executive Heads of Central Board and Corporation.—The Central Provident Fund** Commissioner and the Director General shall be the whole-time officer of the Central Board and the Corporation, respectively, and such officer shall not undertake any work unconnected with his office without the prior approval of the Central Government. **11. Supersession of Corporation, Central Board National Social Security Board or State** **Unorganised Workers’ Board or the Building Workers’ Welfare Board.—** (1) If the Central Government in case of the Central Board, the Corporation or the National Social Security Board and the State Government, in case of the State Unorganised Workers' Board or the Building Workers' Welfare Board, is of the opinion that the Corporation or the Central Board or the National Social Security Board or the State Unorganised Workers’ Board or the Building Workers' Welfare Board or any of the Committee thereof, as the case may be, is unable to perform its functions, or, has persistently made delay in the discharge of its functions or has exceeded or abused its powers or jurisdiction, then such Government may, by notification, supersede the Corporation or the Central Board or the National Social Security Board or the State Unorganised Workers' Board or the Building Workers’ Welfare Board, or any of the Committees thereof, as the case may be, and reconstitute it in such manner as may be prescribed by the Central Government: Provided that, before issuing a notification under this sub-section on any of the grounds specified herein, such Government shall give an opportunity to the Corporation or the Central Board or the National Social Security Board or the State Unorganised Workers’ Board or the Building Workers' Welfare Board or any Committee thereof, as the case may be, to show cause as to why it should not be superseded and shall consider the explanations and objections raised by it and take appropriate action thereon. (2) After the supersession of the Corporation, or the Central Board or the National Social Security Board, the State Unorganised Workers’ Board or the Building Workers’ Welfare Board, or any of the Committee thereof, as the case may be, and until it is reconstituted, the Central Government or the State Government, as the case may be, shall make such alternate arrangements for the purpose of administration of the relevant provisions of this Code, as may be prescribed by the Central Government. (3) The Central Government or the State Government, as the case may be, shall cause, a full report of any action taken by it under this section and the circumstances leading to such action, to be laid before each House of Parliament or the State Legislature, as the case may be, at the earliest opportunity and in any case not later than three months from the date of the notification of supersession issued under sub-section (1). **12. State Board, Regional Boards, local committees etc.—** (1) The Central Government may, by notification,— (i) after consultation with the Government of any State, constitute for that State, a Board of Trustees (hereinafter in this Code referred to as a State Board) which shall exercise such powers and perform such functions as may be assigned by notification, to it by the Central Government from time to time; (ii) specify the manner of constitution of a State Board, the terms and conditions of the appointment of its members and the procedure of its meeting and other proceedings relating thereto. (2) The Corporation may, by order, appoint Regional Boards and local committees in such area and in such manner to perform such functions and to exercise such powers as may be specified in the regulations. **13. Entrustment of additional functions to Social Security Organisations.—Notwithstanding** anything contained in this Code, the Central Government may, by notification,— (i) assign additional functions to a Social Security Organisation including administration of any other Act or scheme relating to social security subject to such provisions as may be specified in this behalf in the notification: Provided that while the additional function of administering the Act or scheme are assigned under this clause to a Social Security Organisation, the officer or authority of such organisation, to whom such function has been assigned, shall exercise the powers under the enactment or scheme required for discharging such function in the manner as may be specified in the notification: 24 ----- Provided further that the Social Security Organisations may assign such additional functions to existing officers or appoint or engage new officers necessary for such purpose, if such functions may not be performed and completed with the assistance of its personnel as existing immediately before the assignment of the additional functions; (ii) specify the terms and conditions of discharging the functions under clause (i) by the Social Security Organisation; (iii) provide that the expenditure incurred in discharging the functions specified in clause (i) including appointment or engagement of personnel necessary for proper discharge of such functions shall be borne by the Central Government; (iv) specify the powers which the Social Security Organisation shall exercise while discharging the functions specified in clause (i); and (v) provide that any expenditure referred to in clause (iii) shall be made by the Social Security Organisation after prior approval of the Central Government. CHAPTER III EMPLOYEES’ PROVIDENT FUND **14. Appointment of officers of Central Board.—(1) The Central Government may appoint a Central** Provident Fund Commissioner who shall be the Chief Executive Officer of the Central Board and shall also function as head of the Employees’ Provident Fund Organisation. _Explanation.—For the purposes of this Code, the expression “Employees’ Provident Fund_ Organisation” means the organisation consisting of officers and employees of the Central Board. (2) The Central Provident Fund Commissioner shall be subject to the general control and superintendence of the Central Board in the discharge of his functions under this Code. (3) The Central Government shall also appoint a Financial Advisor and Chief Accounts Officer to assist the Central Provident Fund Commissioner in the discharge of his duties. (4) The Central Board may appoint, as many Additional Central Provident Fund Commissioners, Deputy Provident Fund Commissioners, Regional Provident Fund Commissioners, Assistant Provident Fund Commissioners and such other officers and employees as it may consider necessary for the efficient administration of the Provident Fund Scheme, the Pension Scheme and the Insurance Scheme or other responsibilities assigned to the Central Board from time to time by the Central Government. (5) No appointment to the post of the Central Provident Fund Commissioner or an Additional Central Provident Fund Commissioner or a Financial Adviser and Chief Accounts Officer or any other post under the Central Board carrying a scale of pay equivalent to the scale of pay of any Group 'A' or Group 'B' post under the Central Government shall be made except after consultation with the Union Public Service Commission: Provided that no such consultation shall be necessary in regard to any such appointment— (a) for a period not exceeding one year; or (b) if the person to be appointed is, at the time of his appointment,— (i) a member of the Indian Administrative Service, or (ii) in the service of the Central Government or the Central Board in a Group 'A' or Group 'B' post. (6) The method of recruitment, salary and allowances, discipline and other conditions of service of the Central Provident Fund Commissioner and the Financial Adviser and Chief Accounts Officer shall be such as may be specified by the Central Government and such salary and allowances shall be paid out of the Provident Fund. (7) (a) The method of recruitment, salary and allowances, discipline and other conditions of service of the Additional Central Provident Fund Commissioners, Deputy Provident Fund Commissioners, Regional 25 ----- Provident Fund Commissioners, Assistant Provident Fund Commissioners and other officers and employees of the Central Board shall be such as may be specified by the Central Board in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scales of pay: Provided that where the Central Board is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the Central Government: Provided further that the salary and allowances of the officers specified in this clause shall not exceed the scale of pay respectively provided in the Provident Fund Scheme. (b) In determining the corresponding scales of pay of officers and employees under clause (a), the Central Board shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the Central Government and in case of any doubt, the Central Board shall refer the matter to the Central Government whose decision thereon shall be final. **15. Schemes.—(1) The Central Government may, by notification—** (a) frame a scheme to be called the Employees' Provident Fund Scheme for which the provident funds shall be established under this Chapter for employees or for any class of employees and specify the establishments or class of establishments to which the said scheme shall apply; (b) frame a scheme to be called the Employees' Pension Scheme for the purpose of providing for— (i) superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this Chapter applies; (ii) widow or widower's pension, children pension or orphan pension payable to the beneficiaries of such employees; and (iii) nominee pension; (c) frame a scheme to be called the Employees' Deposit Linked Insurance Scheme for the purpose of providing life insurance benefits to the employees of any establishment or class of establishments to which this Chapter applies; (d) frame any other scheme or schemes for the purposes of providing social security benefits under this Code to self-employed workers or any other class of persons; and (e) modify any scheme referred to in clauses (a), (b), (c) and (d) by adding thereto, amending or varying therein, either prospectively or retrospectively. (2) Subject to the provisions of this Chapter, the schemes referred to in clauses (a), (b) and (c) of sub-section (1) may provide for all or any of the matters respectively specified in Part A, Part B and Part C of the Fifth Schedule. (3) The schemes may provide that all or any of its provisions shall take effect either prospectively or retrospectively on and from such date as may be specified in that behalf in the scheme. **16. Funds.—(1) The Central Government may, for the purposes of—** (a) the Provident Fund Scheme, establish a Provident Fund where the contributions paid by the employer to the fund shall be ten per cent. of the wages for the time being payable to each of the employees (whether employed by him directly or by or through a contactor), and the employee's contribution shall be equal to the contribution payable by the employer in respect of him and may, if any employee so desires, be an amount exceeding ten per cent. of the wages, subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section: Provided that in its application to any establishment or class of establishments which the Central Government, after making such inquiry as it deems fit, may, by notification, specify, this section shall be subject to the modification that for the words “ten per cent.” at both the places where they occur, the words “twelve per cent.” shall be substituted: 26 ----- Provided further that the Central Government, after making such inquiry as it deems fit, may, by notification, specify rates of employees’ contributions and the period for which such rates shall apply for any class of employee; (b) the Pension Scheme, establish a Pension Fund in the manner specified in that scheme by that Government into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme,— (i) such sums from the employer's contribution under clause (a) not exceeding eight and one third per cent. of the wages or such per cent. of wages as may be notified by the Central Government; (ii) such sums payable as contribution to the Pension Fund, as may be specified in the Pension Scheme, by the employers of the exempted establishments under section 143 to which the pension scheme applies; (iii) such sums as the Central Government after due appropriation by Parliament by law in this behalf, specify; (c) the Insurance Scheme, establish a Deposit-Linked Insurance Fund in the manner specified in that scheme by that Government into which there shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer, such amount, not being more than one per cent. of the wages or such per cent. of wages as may be notified by the Central Government for the time being payable in relation to such employee: Provided that the employer shall pay into the Insurance Fund such further sums of money, not exceeding one-fourth of the contribution which he is required to make under this clause, as the Central Government may, from time to time, determine to meet all the expenses in connection with the administration of the Insurance Scheme other than the expenses towards the cost of any benefits provided by or under the Insurance Scheme. (2) The Provident Fund, the Pension Fund and the Insurance Fund shall vest in, and be administered by, the Central Board in such manner as may be specified in the respective schemes. **17. Contribution in respect of employees and contractors.—(1) The amount of contribution (that is** to say, the employer's contribution as well as the employee's contribution in pursuance of any scheme and the employer's contribution in pursuance of the Insurance Scheme) and any charge for meeting the cost of administering the fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. (2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him may recover from such employee, the employee's contribution under any scheme by deduction from the wages payable to such employee. (3) Notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employer's contribution or the charges referred to in sub-section (1) from the wages payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee. **18. Fund to be recognized under Act 43 of 1961.—** For the purposes of the Income-tax Act, 1961, the Provident Fund shall be deemed to be a recognised provident fund within the meaning of clause (38) of section 2 of that Act: Provided that nothing contained in the said Act shall operate to render ineffective any provision of the Provident Fund Scheme (under which the Provident Fund is established) which is repugnant to any of the provisions of that Act or of the rules made thereunder. **19. Priority of payment of contributions over other debts.—Notwithstanding anything contained in** any other law for the time being in force, any amount due under this Chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016 (31 of 2016). 27 ----- **20. Chapter not to apply to certain establishments.—(1) This Chapter shall not apply—** (a) to any establishment registered under the Co-operative Societies Act, 1912 (2 of 1912) or under any other law for the time being in force in any State relating to co-operative societies employing less than fifty persons and working without the aid of power; or (b) to any other establishment belonging to or under the control of the Central Government or a State Government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the Central Government or the State Government governing such benefits; or (c) to any other establishment set up under any Central or State or any other law for the time being in force and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that law governing such benefits; or (d) to the employees who, immediately before the commencement of this Code, were receiving benefits of Provident Fund under any Central or State enactment. (2) If the Central Government is of the opinion that having regard to the financial position of any class of establishment or other circumstances of the case, it is necessary or expedient so to do, it may, by notification and subject to such conditions, as may be specified in the notification, exempt, whether prospectively or retrospectively, that class of establishments from the operation of this Chapter for such period as may be specified in the notification. **21. Authorising certain employer to maintain provident fund accounts.—** (1) The Central Government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer by an order in writing, to maintain a provident fund account in relation to the establishment, in such manner as may be prescribed by the Central Government and subject to such terms and conditions as may be specified in the Provident Fund Scheme: Provided that no authorisation shall be made under this sub-section if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this Code during the three years immediately preceding the date of such authorisation. (2) Where an establishment is authorised to maintain a provident fund account under sub-section (1), the employer in relation to such establishment shall maintain such account, submit such return, deposit the contribution in such manner, provide for such facilities for inspection, pay such administrative charges, and abide by such other terms and conditions, as may be specified in the Provident Fund Scheme. (3) Any authorisation made under this section may be cancelled by the Central Government by order in writing if the employer fails to comply with any of the terms and conditions of the authorisation or where he commits any offence under any provision of this Code: Provided that before cancelling the authorisation, the Central Government shall give the employer a reasonable opportunity of being heard. **22. Transfer of accounts.—** Where an employee,— (a) employed in an establishment to which this Chapter applies, relinquishes his employment therefrom and obtains employment in any other establishment to which this Chapter applies or not; or (b) employed in an establishment to which this Chapter does not apply, relinquishes his employment therefrom and obtains employment in an establishment to which this Chapter applies, then, his accumulated amount in provident fund account or pension account, as the case may be, shall be transferred or dealt with in the manner as may be specified in the Provident Fund Scheme or the Pension Scheme, as the case may be. **23. Appeal to Tribunal.—(1) Any person aggrieved by an order passed by any authority in regard to** the following matters may prefer an appeal to the Tribunal constituted by the Central Government, namely:— 28 ----- (a) determination and assessment of dues under section 125 relating to Chapter III; and (b) levy of damages under section 128 relating to Chapter III. (2) Every appeal under sub-section (1) shall be filed in such form and manner, within such time and accompanied by such fees as may be prescribed by the Central Government. (3) No appeal under clause (a) of sub-section (1) by the employer shall be entertained by the Tribunal unless he has deposited with Social Security Organisation concerned twenty-five per cent. of the amount due from him as determined by an officer under section 125. (4) The Tribunal shall endeavour to decide the appeal within a period of one year from the date on which the appeal has been preferred. CHAPTER IV EMPLOYEES STATE INSURANCE CORPORATION **24. Principal Officers and other staff.—(1) The Central Government may appoint a Director General** of the Corporation and a Financial Commissioner, who shall be the Principal Officers of the Corporation. (2) The Director General and the Financial Commissioner shall hold office for such period, not exceeding five years, as may be specified in the order of appointment: Provided that outgoing Director General or Financial Commissioner, as the case may be, shall be eligible for re-appointment if he is otherwise qualified. (3) The Director General or the Financial Commissioner shall receive such salary and allowances as may be prescribed by the Central Government. (4) The Director General and the Financial Commissioner shall exercise such powers and discharge such duties as may be prescribed by the Central Government and shall perform such other functions as may be specified in the regulations. (5) A person shall be disqualified from being appointed as or for being the Director General of the Corporation or the Financial Commissioner if he is subject to any of the disqualifications specified in section 8. (6) The Central Government may at any time remove the Director General of the Corporation or the Financial Commissioner from office and shall do so if such removal is recommended by a resolution of the Corporation passed at a special meeting called for the purpose and supported by the votes of not less than two-third of the total strength of the Corporation. (7) The Corporation may employ such other officers and employees as may be necessary for the efficient transaction of its business and for discharge of any other responsibilities assigned to the Corporation from time to time by the Central Government: Provided that the sanction of the Central Government shall be obtained for the creation of any post the maximum monthly salary of which exceeds such salary as may be prescribed by the Central Government. (8) (a) The method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees of the Corporation shall be such as may be specified in the regulations in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scales of pay: Provided that the terms and conditions of service including pay and allowances of such posts of medical specialists and super specialists in the Corporation possessing comparable qualifications and expertise, as may be notified by the Central Government, with the equivalent posts of the specialists and super specialists in the All India Institute of Medical Sciences or in the Post Graduate Institutes of Medical Sciences and Research or other similar institutions established by the Central Government, shall respectively be similar: Provided further that where the Corporation is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the Central Government: 29 ----- Provided also that this sub-section shall not apply to appointment of consultants and specialists in various fields appointed on contract basis. (b) In determining the corresponding scales of pay of officers and employees under clause (a), the Corporation shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the Central Government and in case of any doubt, the Corporation shall refer the matter to the Central Government whose decision thereon shall be final. (9) Every appointment to posts (other than medical, nursing or para-medical posts) corresponding to Group 'A' and Group 'B' Gazetted posts under the Central Government shall be made in consultation with the Union Public Service Commission: Provided that the provisions of this sub-section shall not apply to an officiating or temporary appointment for a period not exceeding one year: Provided further that any such officiating or temporary appointment shall not confer any claim for regular appointment and the services rendered in that capacity shall not count towards seniority or minimum qualifying service specified in the regulations for promotion to next higher grade. (10) If any question arises whether a post corresponds to a Group 'A' and Group 'B' posts under the Central Government, the question shall be referred to that Government whose decision thereon shall be final. **25. Employees’ State Insurance Fund.—(1) All contributions and user charges paid under this** Chapter and all other moneys received on behalf of the Corporation shall be paid into a fund (hereinafter referred to as the Employees' State Insurance Fund) which shall be held and administered by the Corporation for the purposes of this Code: Provided that the user charges collected from the other beneficiaries referred to in section 44 shall be deemed to be contribution and shall form part of Employees' State Insurance Corporation. (2) The Corporation may accept grants, donations, Corporate Social Responsibility Fund and gifts from the Central or any State Government, local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this Chapter. (3) Subject to the other provisions contained in this Code and to any rules or regulations made in this behalf, all moneys accruing or payable to the said Fund shall be deposited in such bank or banks as may be approved by the Central Government to the credit of an account styled the account of the Employees' State Insurance Fund. (4) The Employees State Insurance Fund or any other money which is held by the Corporation shall be deposited or invested in the manner prescribed by the Central Government and the account referred to in sub-section (3) shall be operated by such officers as may be authorised by the Committee constituted under sub-section (3) of section 5 (hereinafter referred to as the Standing Committee) with the approval of the Corporation. **26. Purposes for which Employees’ State Insurance Fund may be expended.—** Subject to the provisions of this Chapter and the rules and regulations relating thereto, made under this Code, the Employees' State Insurance Fund shall be expended only for the following purposes, namely:— (a) payment of benefits and provision of medical treatment and attendance to Insured Persons referred to in section 28 and, where the medical benefit is extended to their families, the provision of such medical benefit to their families, in accordance with the provisions of this Chapter and the rules and regulations relating thereto and defraying the charges and costs in connection therewith; (b) payment of fees and allowances to members of the Corporation, the Standing Committee, the Medical Benefit Committee or other Committees thereof; (c) payment of salaries, leave and joining time allowances, travelling and compensatory allowances, gratuities and compassionate allowances, pensions, contributions to provident or other benefit fund of officers and staff of the Corporation and meeting the expenditure in respect of offices and other services set up for the purpose of giving effect to the provisions of this Code relating to this Chapter; 30 ----- (d) establishment and maintenance of hospitals, dispensaries and other institutions and the provision of medical and other ancillary services for the benefit of Insured Persons referred to in section 28 and, where the medical benefit is extended to their families; (e) payment of contributions to any State Government, local authority or any private body or individual, towards the cost of medical treatment and attendance provided to Insured Persons referred to in section 28 and, where the medical benefit is extended to their families, their families, including the cost of any building and equipment, in accordance with any agreement entered into by the Corporation; (f) defraying the cost (including all expenses) of auditing the accounts of the Corporation and of the valuation of its assets and liabilities; (g) defraying the cost (including all expenses) of the Employees' Insurance Courts set up under this Chapter; (h) payment of any sums under any contract entered into for the purposes of this Code by Corporation or the Standing Committee or by any officer duly authorised by the Corporation or the Standing Committee in that behalf; (i) payment of sums under any decree, order or award of any Court or Tribunal against the Corporation or any of its officers or staff for any act done in the execution of his duty or under a compromise or settlement of any suit or other legal proceeding or claim instituted or made against the Corporation; (j) defraying the cost and other charges of instituting or defending any civil or criminal proceedings arising out of any action taken under this Code relating to this Chapter; (k) defraying expenditure, within the limits prescribed by the Central Government after consultation with the Corporation, on measures for the improvement of the health and welfare of Insured Persons and for the rehabilitation and re-employment of Insured Persons referred to in section 28 who have been disabled or injured; and (l) such other purposes as may be authorised by the Corporation with the previous approval of the Central Government. **27. Holding of property, etc. .—** (1) The Corporation may, subject to such conditions as may be prescribed by the Central Government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the Corporation is established. (2) Subject to such conditions as may be prescribed by the Central Government, the Corporation may from time to time invest any moneys which are not immediately required for expenses properly defrayable under this Code and may, subject to as aforesaid, from time to time re-invest or realise such investments. (3) The Corporation may, with the previous sanction of the Central Government and on such terms as may be prescribed by it, raise loans and take measures for discharging such loans. (4) The Corporation may constitute for the benefit of its officers and staff or any class of them, such provident or other benefit fund as it may think fit. **28. All employees to be insured.—(1) Subject to the provisions of this Code, every employee in an** establishment to which this Chapter applies shall be insured in such manner whether electronically or otherwise, as may be prescribed by the Central Government. (2) An employee whether insured or insurable under sub-section (1) in respect of whom contributions are or were payable and who is by reason thereof, entitled to any of the benefits provided under this Chapter, shall be called “Insured Person”. **29. Contributions.—(1) The contribution payable under this Chapter in respect of an employee shall** comprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the Corporation. 31 ----- (2) The contributions (employer's contribution and the employee’s contribution both) shall be paid at such rates as may be prescribed by the Central Government. (3) The wage period in relation to an employee shall be the unit as specified in the regulations (hereinafter referred to as the wage period) in respect of which all contributions shall be payable under this Chapter. (4) The contributions payable in respect of each wage period shall ordinarily fall due on the last day of the wage period, and where an employee is employed for part of the wage period, or is employed under two or more employers during the same wage period, the contributions shall fall due on such days as may be specified in the regulations. **30. Administrative expenses.—The types of expenses which may be termed as administrative** expenses and the percentage of the income of the Corporation which may be spent for such expenses shall be such as may be prescribed by the Central Government and the Corporation shall keep its administrative expenses within the limit so prescribed by the Central Government. **31. Provisions as to payment of contributions by employer etc. .—** (1) The employer shall pay in respect of every employee, whether directly employed by him or by or through a contractor, both the employer's contribution and the employee's contribution. (2) Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this Code and the rules and regulations, if any, made thereunder in this behalf, the employer shall, in the case of an employee directly employed by him (not being an exempted employee), be entitled to recover from the employee the employee's contribution by reduction from his wages and not otherwise: Provided that no such deduction shall be made from any wages other than such as relates to the period or part of the period in respect of which the contribution is payable or in excess of the sum representing the employee's contribution for the period. (3) Notwithstanding any contract to the contrary, neither the employer nor the contractor shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him. (4) Any sum deducted by the employer from wages under this Chapter shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted. (5) The employer shall bear the expenses of remitting the contributions to the Corporation. (6) An employer, who has paid contribution in respect of an employee employed by or through a contractor, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as the employee's contribution, if any,) from the contractor, either by deduction from any amount payable to him by the employer under any contract, or as a debt payable by the contractor. (7) The contractor shall maintain a register of employees employed by or through him as provided in the regulations and submit the same to the employer before the settlement of any amount payable under sub-section (6). (8) In the case referred to in sub-section (6), the contractor shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to such conditions as specified in the proviso to sub-section (2). (9) Subject to the provisions of this Code, the Corporation may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this Chapter. **32. Benefits.—** (1) Subject to the provisions of this Code, the Insured Persons, their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely:— (a) periodical payments to any Insured Person in case of his sickness certified by a duly appointed medical practitioner or by any other person possessing such qualifications and experience as the Corporation may, by the regulations, specify in this behalf (hereinafter referred to as sickness benefit); 32 ----- (b) periodical payments to an Insured Person being a woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit); (c) periodical payments to an Insured Person suffering from disablement as a result of an employment injury sustained by him as an employee for the purposes of this Chapter and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit); (d) periodical payments to such dependants of an Insured Person who dies as a result of an employment injury sustained by him as an employee for the purposes of this Chapter, as are entitled under this Chapter (hereinafter referred to as dependents’ benefit); (e) medical treatment for and attendance on Insured Persons (hereinafter referred to as medical benefit); and (f) payment to the eldest surviving member of the family of an Insured Person who has died, towards the expenditure on the funeral of the deceased Insured Person, or, where the Insured Person did not have a family or was not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased Insured Person (to be known as funeral expenses): Provided that the amount of payment under this clause shall not exceed such amount as may be prescribed by the Central Government and the claim for such payment shall be made within three months of the death of the Insured Person or within such extended period as the Corporation or any officer or authority authorised by it in this behalf may allow. (2) The Corporation may, subject to such conditions as may be laid down in the regulations, extend the medical benefits to the family of an Insured Person. (3) The qualification of a person to claim sickness benefit, maternity benefit, disablement benefit and dependants' benefit and the conditions subject to which such benefit may be given and the rate and period thereof, shall be such as may be prescribed by the Central Government. (4) Subject to the provisions of this Code and the rules made thereunder relating to this Chapter, the Corporation may make regulations for any matter relating or incidental to the accrual and payment of benefits payable under this Chapter. **33. Corporation’s power to promote measures for health, etc., of Insured Persons.—The** Corporation may, in addition to the benefits specified in this Chapter, promote measures for the improvement of the health and welfare of Insured Persons and for the rehabilitation and re-employment of Insured Persons who have been disabled or injured and may incur in respect of such measures, expenditure from the Employees' State Insurance Fund within such limits as may be prescribed by the Central Government. **34. Presumption as to accident arising in course of employment.—(1) For the purposes of this** Chapter, an accident arising in the course of an employee's employment shall be presumed, in the absence of evidence to the contrary, to have arisen out of that employment. (2) An accident happening to an employee in or about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property. (3) An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established. (4) An accident happening while an employee is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that 33 ----- he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if— (a) the accident would have been deemed so to have arisen had he been under such obligation; and (b) at the time of the accident, the vehicle— (i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer; and (ii) is not being operated in the ordinary course of public transport service. _Explanation.—In this section, “vehicle” includes a vessel and an aircraft._ **35. Accidents happening while acting in breach of law etc.—** An accident shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if— (a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and (b) the act is done for the purpose of and in connection with the employer's trade or business. **36. Occupational disease.—(1) If an employee employed in any employment specified in Part A of** the Third Schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in Part B of that Schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in Part C of that Schedule for such continuous period as the Corporation may specify by regulations in respect of each such employment, contracts any disease specified in such Part C as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an “employment injury “, arising out of and in the course of employment. (2) Save as provided by sub-section (1), no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment. (3) The provisions of sub-section (1) of section 34 shall not apply to the cases to which this section applies. **37. References to medical board.—** (1) Any question— (a) whether the relevant accident has resulted in permanent disablement; or (b) whether the extent of loss of earning capacity can be assessed provisionally or finally; or (c) whether the assessment of the proportion of the loss of earning capacity is provisional or final; or (d) in the case of provisional assessment, as to the period for which such assessment shall hold good, shall be determined by a medical board constituted in accordance with the provisions of the regulations (hereinafter referred to as medical board) and any such question shall hereafter be referred to as the “disablement question”. (2) The case of any Insured Person for permanent disablement benefit shall be referred by the Corporation to a medical board for determination of the disablement in question and if, on that or any subsequent reference, the extent of loss of earning capacity of the Insured Person is provisionally assessed, it shall again be so referred to the medical board not later than the end of the period taken into account by the provisional assessment. (3) Any decision under this Chapter of a medical board may be reviewed at any time by the medical board if it is satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the employee or any other person of a material fact whether the non-disclosure or misrepresentation was or was not fraudulent. 34 ----- (4) Any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury: Provided that an assessment shall not be reviewed under this sub-section unless the medical board is of the opinion, having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, that substantial injustice will be done by not reviewing it. (5) Except with the leave of a medical appeal tribunal constituted by regulations, an assessment shall not be reviewed under sub-section (4) on any application made less than five years, or in the case of a provisional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised assessment shall not include any period before the date of the application. (6) Subject to the foregoing provisions of this section, a medical board may deal with a case of review in any manner in which it could deal with it on an original reference to it, and in particular may make a provisional assessment notwithstanding that the assessment under review was final and the provisions of sub-section (2) shall apply to an application for review under this sub-section and to a decision of a medical board in connection with such application as they apply to a case for disablement benefit under that subsection and to a decision of the medical board in connection with such case. (7) (a) If the Insured Person or the Corporation is aggrieved by any decision of the medical board, the Insured Person or the Corporation, as the case may be, may appeal in such manner and within such time as may be prescribed by the Central Government to— (i) the medical appeal tribunal constituted in accordance with the provisions of the regulations; or (ii) the Employees' Insurance Court directly: Provided that no appeal by an Insured Person shall lie under this sub-section if such person has applied for commutation of disablement benefit on the basis of the decision of the medical board and received the commuted value of such benefits: Provided further that no appeal by the Corporation shall lie under this sub-section if the Corporation paid the commuted value of the disablement benefit on the basis of the decision of the medical board. (b) Where the Insured Person or the Corporation preferred appeal to the medical appeal tribunal under sub-clause (i) of clause (a) instead of to the Employees' Insurance Court under sub-clause (ii) of that clause, then, he or it, as the case may be, shall have the further right to file second appeal to the Employees' Insurance Court in such manner and within such time as may be prescribed by the appropriate Government. **38. Dependants’ benefit.—(1) If an Insured Person dies as a result of an employment injury sustained** as an employee under this Chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury), dependants' benefit shall be payable to his dependants specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2 at such rates and for such periods and subject to such conditions as may be prescribed by the Central Government. (2) In case the Insured Person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased at such rates and for such periods and subject to such conditions as may be prescribed by the Central Government. (3) Any decision awarding dependants' benefit under this Chapter may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with this Chapter due to any birth or death or due to the marriage, re-marriage, or ceasing of infirmity, or attainment of the age of twenty-five years by, a claimant. (4) Subject to the provisions of this Chapter, the Corporation may, on such review under sub-section (3), direct that the dependants' benefit be continued, increased, reduced or discontinued. 35 ----- **39. Medical benefit.—(1) An Insured Person or (where such medical benefit is extended to his family)** a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit. (2) Such medical benefit may be given either in the form of out-patient treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the Insured Person or treatment as in-patient in a hospital or other institution. (3) The qualification of an Insured Person and (where such medical benefit is extended to his family) his family, to claim medical benefit and the conditions subject to which such benefit may be given, the scale and period thereof shall be such as may be prescribed by the Central Government: Provided that a person in respect of whom contribution ceases to be payable under this Chapter may be allowed medical benefit for such period and of such nature as may be provided by the regulations: Provided further that an Insured Person who has attained the age of superannuation, a person who retires under a Voluntary Retirement Scheme or takes premature retirement, and his spouse shall be eligible to receive medical benefits subject to payment of contribution and such other conditions as may be specified in the regulations: Provided also that an Insured Person who ceases to be in insurable employment on account of permanent disablement caused due to employment injury shall continue to receive medical benefits, subject to payment of contribution and other conditions as may be prescribed by the Central Government: Provided also that the conditions for grant of medical benefits to the Insured Person during employment injury shall be as specified in the regulations. (4) (a) The Corporation may establish medical education institutions, including colleges, dental colleges, nursing colleges and the training institutes for its officers and staff with a view to improve the quality of their services. (b) The medical education institutions referred to in clause (a) shall require its students to furnish a bond for serving the Corporation for such time and in such manner, as may be specified in the regulations. (5) The medical education institutions and training institutes referred to in sub-section (4) may be run by the Corporation itself or on the request of the Corporation, by the Central Government, any State Government, Public Sector Undertaking of the Central Government or the State Government or any other body notified by the Central Government. _Explanation.—For the purposes of this sub-section, the expression “other body” means any such_ organisation of persons which the Central Government considers capable to run colleges and training institutions referred to in sub-section (4). (6) The Corporation may, in order to take preventive and curative measures for welfare of the Insured Persons, carry out such occupational and epidemiological surveys and studies for assessment of health and working conditions of Insured Persons in such manner as may be specified in the regulations. **40. Provision of medical treatment by State Government or by Corporation.—** (1) The State Government shall provide for Insured Persons and (where such benefit is extended to their families) their families in the State, reasonable medical, surgical and obstetric treatment: Provided that the State Government may, with the approval of the Corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed upon. (2) Where the incidence of sickness benefit payment to Insured Persons in any State is found to exceed the all-India average, the amount of such excess shall be shared between the Corporation and the State Government in such proportion as may be fixed by agreement between them: Provided that the Corporation may in any case waive the recovery of the whole or any part of the share which is to be borne by the State Government. 36 ----- (3) The Corporation may enter into an agreement with a State Government in regard to the nature and scale of the medical treatment that should be provided to Insured Persons and (where such medical benefit is extended to the families) their families (including provision of buildings, equipment, medicines, and staff) and for the sharing of the cost thereof and of any excess in the incidence of sickness benefit to Insured Persons between the Corporation and the State Government. (4) In default of agreement between the Corporation and any State Government as aforesaid, the nature and extent of the medical treatment to be provided by the State Government and the proportion in which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the Corporation and that Government, shall be determined by an arbitrator who shall be appointed by the Central Government in consultation with the State Government. (5) The State Government may, in addition to the Corporation under this Code, with the previous approval of the Central Government, establish such organisation (by whatever name called) to provide for certain benefits to employees in case of sickness, maternity and employment injury: Provided that any reference to the State Government in this Code relating to this Chapter shall also include reference to the organisation as and when such organisation is established by the State Government. (6) The organisation referred to in sub-section (5) shall have such structure, discharge functions, exercise powers and undertake such activities as may be prescribed by the Central Government. (7) The Corporation may establish and maintain in a State such hospitals, dispensaries and other medical and surgical services as it may think fit for the benefit of Insured Persons and (where such medical benefit is extended to their families), their families. (8) The Corporation may enter into agreement with any local authority, private body or individual in regard to the provision of medical treatment and attendance for Insured Persons and (where such medical benefit is extended to their families) their families, in any area and sharing the cost thereof. (9) The Corporation may also enter into agreement with any local authority, local body or private body for commissioning and running Employees' State Insurance hospitals through third party participation for providing medical treatment and attendance to Insured Persons and (where such medical benefit has been extended to their families), to their families. (10) Notwithstanding anything contained in any other provision of this Chapter, the Corporation may, in consultation with the State Government, undertake the responsibility for providing medical benefit to Insured Persons and (where such medical benefit is extended to their families), to the families of such Insured Persons in the State subject to the condition that the State Government shall share the cost of such medical benefit in such proportion as may be agreed upon between the State Government and the Corporation. (11) In the event of the Corporation exercising its power under sub-section (10), the provisions relating to medical benefit under this Chapter shall apply, so far as may be, as if a reference therein to the State Government were a reference to the Corporation. (12) Notwithstanding anything contained in this Code, in respect of establishments located in the States where medical benefit is provided by the Corporation, the Central Government shall be the appropriate Government. **41. General provisions as to benefits.—(1) Save as may be provided in the regulations, no person** shall be entitled to commute for a lump sum any disablement benefit admissible under this Chapter. (2) Save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike. (3) A person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement) — 37 ----- (a) shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this Chapter, and shall carry out the instructions given by the medical officer or medical attendant in-charge thereof; (b) shall not while under treatment do anything which might retard or prejudice his chances of recovery; (c) shall not leave the area in which medical treatment provided by this Chapter is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations; and (d) shall allow himself to be examined by any duly appointed medical officer or other person authorised by the Corporation in this behalf. (4) An Insured Person shall not be entitled to receive for the same period— (a) both sickness benefit and maternity benefit; or (b) both sickness benefit and disablement benefit for temporary disablement; or (c) both maternity benefit and disablement benefit for temporary disablement. (5) Where a person is entitled to more than one of the benefits mentioned in sub-section (4), he shall be entitled to choose which benefit he shall receive. (6) If a person dies during any period for which he is entitled to a cash benefit under this Chapter, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person. (7) (a) Any person eligible for availing dependant or disablement benefit under this Chapter shall not be entitled to claim Employees’ Compensation from his employer under Chapter VII. (b) Any women employee eligible for availing maternity benefit under this Chapter shall not be entitled to claim maternity benefit from her employer under Chapter VI. (8) Where any person has received any benefit or payment under this Chapter when he is not lawfully entitled thereto, he shall be liable to repay to the Corporation the value of the benefit or the amount of such payment, or in the case of death, his legal representative shall be liable to repay the same from the assets of the deceased devolved on him. (9) The value of any benefits received other than cash payments shall be determined by such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final. (10) The amount recoverable under this section may be recovered in the manner specified under sections 129 to 132. **42. Corporation’s rights when an employer fails to register, etc.—** (1) If any employer,— (a) fails or neglects to insure under section 28, an employee at the time of his appointment or within such extended period as may be prescribed by the Central Government, as a result of which the employee becomes disentitled to any benefit under this Chapter; or (b) insures under section 28, an employee on or after the date of accident which resulted in personal injury to such employee which has the effect of making such employee disentitled to receive any dependant benefit or disablement benefit from the Corporation; or (c) fails or neglects to pay any contribution which under this Chapter he is liable to pay in respect of any employee and by reason thereof such employee becomes disentitled to any benefit or becomes entitled to a benefit on a lower scale, then, the Corporation may, on being satisfied in the manner prescribed by the Central Government that the benefit is payable to the employee, pay to the employee benefit at such rate to which he is entitled or would have been entitled if the failure or neglect would not have occurred, and the Corporation shall be entitled to recover from the employer, subject to the employer being given an opportunity of being heard, the 38 ----- capitalised value of the benefit paid to the employee, to be calculated in such manner as may be prescribed by the Central Government: Provided that the capitalised value to be calculated may be adjusted for the payment of any contribution and interest or damages that the employer is liable to pay for delay in the payment of or non-payment of such contribution. (2) The amount recoverable under this section may be recovered as if it were an arrear of land revenue or recovered in the manner specified under sections 129 to 132. **43. Liability of owner or occupier of factories, etc., for excessive sickness benefit.— (1) Where the** Corporation considers that the incidence of sickness among Insured Persons is excessive by reason of— (a) insanitary working conditions in a factory or other establishment or the neglect of the owner or occupier of the factory or other establishment to observe any health regulations enjoined on him by or under any enactment for the time being in force, or (b) insanitary conditions of any tenements or lodgings occupied by Insured Persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactments for the time being in force, then, the Corporation may send to the owner or occupier of the factory or other establishment or to the owner of the tenements or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the Corporation as sickness benefit; and if the claim is not settled by agreement, the Corporation may refer the matter, with a statement in support of its claim, to the appropriate Government. (2) If the appropriate Government is of the opinion that a prima facie case for inquiry is made out, it may appoint a competent person or persons to hold an inquiry into the matter referred under sub-section (1). (3) If upon inquiry under sub-section (2), it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the Insured Persons is due to the default or neglect of the owner or occupier of the factory or other establishment or the owner of the tenements or lodgings, as the case may be, the said person or persons shall determine, the amount of the extra expenditure incurred as sickness benefit as well as the person or persons by whom the whole or any part of such amount shall be paid to the Corporation. (4) A determination under sub-section (3) may be enforced as if it were a decree for payment of money passed in a suit by a Civil Court. (5) For the purposes of this section, “owner” of tenements or lodgings shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the owner. **44. Scheme for other beneficiaries.—Notwithstanding anything contained in this Chapter, the Central** Government may, by notification, frame, amend, vary or rescind scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the Corporation in any area which is underutilised on payment of user charges, and prescribe the terms and conditions subject to which the scheme may be operated. _Explanation.— For the purposes of this section,—_ (a) “other beneficiaries” means persons other than employees insured under section 28; (b) “underutilised hospital” means any hospital not fully utilised by the employees insured under section 28; and (c) “user charges” means the amount which is to be charged from other beneficiaries for medical facilities as may be specified in the regulations after prior approval of the Central Government. **45. Schemes for unorganized workers, gig workers and platform workers.—** (1) Notwithstanding anything contained in this Chapter, the Central Government may, by notification, frame scheme for 39 ----- unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under this Chapter by the Corporation. (2) The contribution, user charges, scale of benefits, qualifying and eligibility conditions and other terms and conditions subject to which the scheme may be operated shall be such as may be specified in the scheme. **46. Exemption of factories or other establishments belonging to Government or any local** **authority.—The appropriate Government may, after consultation with the Corporation, by notification and** subject to such conditions as may be specified in the notification, exempt any factory or other establishment belonging to the Government or any local authority, from the operation of this Chapter if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Chapter. **47. Contributions, etc., due to Corporation to have priority over other debts.—Notwithstanding** anything contained in any other law for the time being in force, any amount due under this Chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016 (31 of 2016). **48. Constitution of Employees’ Insurance Court.—(1) The State Government shall, by notification,** constitute an Employees' Insurance Court for such local area as may be specified in the notification. (2) The Employees’ Insurance Court shall consist of such number of Judges as the State Government may think fit. (3) Any person who is or has been a judicial officer or is a legal practitioner of five years' standing shall be qualified to be a Judge of the Employees' Insurance Court. (4) The State Government may appoint the same Court for two or more local areas or two or more Employees’ Insurance Courts for the same local area. (5) Where more than one Employees’ Insurance Court has been appointed for the same local area, the State Government may by general or special order regulate the distribution of business between them. **49.Matters to be decided by Employees’ Insurance Court.—(1) If any question or dispute or claim** arises as to— (a) whether any person is an employee within the meaning of this Code relating to this Chapter or whether he is liable to pay the employee's contribution; or (b) the rate of wages or average daily wages of an employee for the purposes of this Chapter; or (c) the rate of contribution payable by an employer in respect of any employee under this Chapter; or (d) the person who is or was the employer in respect of any employee for the purposes of this Chapter; or (e) the right of any person to any benefit under this Chapter and as to the amount and duration thereof; or (f) any direction issued by the Corporation on a review of any payment of dependants' benefit under this Chapter; or (g) any other matter which is in dispute between an employer and the Corporation relating to this Chapter, or between an employer and a Contractor relating to this Chapter or between a person and the Corporation relating to this Chapter or between an employee and an employer or Contractor relating to this Chapter, in respect of any contribution or benefit or other dues payable or recoverable under this Code relating to this Chapter; or (h) claim for the recovery of contributions from the employer under this Code relating to this Chapter; or (i) claim under sub-section (8) of section 41 for the recovery of the value or amount of the benefits received by a person when he is not lawfully entitled thereto; or 40 ----- (j) claim against an employer under section 42; or (k) order of the appellate authority under section 126 in respect of Chapter IV; or (l) claim by an employer to recover contributions from any contractor under this Code relating to this Chapter; or (m) any other claim for the recovery of any benefit admissible under this Chapter, such matter shall be decided by the Employers' Insurance Court. (2) No matter which is in dispute between an employer and the Corporation in respect of any contribution or any other dues under this Chapter shall be raised by the employer in the Employees' Insurance Court unless he has deposited with that Court fifty per cent. of the amount due from him as claimed by the Corporation: Provided that the Employees' Insurance Court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section. (3) No Civil Court shall have jurisdiction to decide or deal with any question or dispute as specified in sub-section (1) or to adjudicate on any liability which by or under this Code relating to this Chapter is to be decided by a medical board, or by a medical appeal tribunal or by the Employees' Insurance Court. **50. Powers of Employees’ Insurance Court.—** (1) The Employees' Insurance Court shall have all the powers of a Civil Court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence and such court shall be deemed to be a Civil Court within the meaning of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). (2) The Employees' Insurance Court shall follow such procedure as may be prescribed by the State Government. (3) All costs incidental to any proceeding before an Employees' Insurance Court shall, subject to such rules as may be made in this behalf by the State Government, be in the discretion of that court. (4) An order of the Employees' Insurance Court shall be enforceable by it as if it were a decree passed in a suit by a Civil Court. **51. Proceedings of Employees’ Insurance Courts.—(1) The manner of commencement of** proceedings before the Employees’ Insurance Court, fees and procedure thereof shall be such as may be prescribed by the appropriate Government: Provided that the limitation for initiating the proceedings by the aggrieved person in the Employees' Insurance Court shall be three years from the date on which the cause of action arises: Provided further that the “arising of cause of action” in respect of a claim by the Insured Person or dependants; by the Corporation for recovering contribution (including interests and damages) from the employer; and the claim by the employer for recovering contributions from a Contractor and the time within which such claims, recovery or contribution, from employer by the Corporation and recovery of contribution by the employer from the Contractor, shall be as specified in the regulations. (2) Any application, appearance or act required to be made or done by any person to, or before, an Employees' Insurance Court (other than appearance of a person required for the purpose of his examination as a witness) may be made or done by a legal practitioner or by an officer of a registered trade union authorised in writing by such person or with the permission of that Court, by any other person so authorised. (3) An Employees' Insurance Court may submit any question of law for the decision of the High Court and if it does so shall decide the question pending before it in accordance with such decision. **52. Appeal to High Court.—** (1) Save as expressly provided in this section, no appeal shall lie from an order of an Employees' Insurance Court. (2) An appeal shall lie to the High Court from an order of an Employees' Insurance Court, if it involves a substantial question of law. 41 ----- (3) The appeal shall be filed under this section within a period of sixty days from the date of the order made by the Employees' Insurance Court. (4) The provisions of sections 5 and 12 of the Limitation Act, 1963 (36 of 1963) shall apply to appeals under this section. (5) Where the Corporation has presented an appeal against an order of the Employees' Insurance Court, that Court may, and if so directed by the High Court, shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against. CHAPTER V GRATUITY **53. Payment of gratuity.—** (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,— (a) on his superannuation; or (b) on his retirement or resignation; or (c) on his death or disablement due to accident or disease; or (d) on termination of his contract period under fixed term employment; or (e) on happening of any such event as may be notified by the Central Government: Provided that in case of working journalist as defined in clause (f) of section 2 of the Working Journalists and Other Newspaper Employees (Condition of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), the expression “five years” occurring in this sub-section shall be deemed to be three years: Provided further that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement or expiration of fixed term employment or happening of any such event as may be notified by the Central Government: Provided also that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the competent authority as may be notified by the appropriate Government who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed by the appropriate Government, until such minor attains majority. (2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages or such number of days as may be notified by the Central Government, based on the rate of wages last drawn by the employee concerned: Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account: Provided further that in the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season: Provided also that in the case of an employee employed on fixed term employment or a deceased employee, the employer shall pay gratuity on pro rata basis. (3) The amount of gratuity payable to an employee shall not exceed such amount as may be notified by the Central Government. (4) For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced. 42 ----- (5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer. (6) Notwithstanding anything contained in sub-section (1),— (a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused; (b) the gratuity payable to an employee may be wholly or partially forfeited— (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or (ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided such offence is committed by him in the course of his employment. _Explanation 1.— For the purposes of this Chapter, employee does not include any such person who_ holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity. _Explanation 2.— For the purposes of this section, disablement means such disablement as incapacitates_ an employee for the work which he was capable of performing before the accident or disease, resulting in such disablement. _Explanation_ 3.— For the purposes of this section, it is clarified that in the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen. **54. Continuous service.—For the purposes of this Chapter,—(A) an employee shall be said to be in** continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Code; (B) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (A), for any period of one year or six months, he shall be deemed to be in continuous service under the employer— (a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than— (i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and (ii) two hundred and forty days, in any other case; (b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than— (i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and (ii) one hundred and twenty days, in any other case. _Explanation.—_ For the purposes of this clause, the number of days on which an employee has actually worked under an employer shall include the days on which— 43 ----- (i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment; (ii) he has been on leave with full wages, earned in the previous year; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twenty-six weeks; (C) where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (A), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent. of the number of days on which the establishment was in operation during such period. **55. Nomination.—(1) Each employee, who has completed one year of service, shall make, a** nomination within such time, in such form and in such manner, as may be prescribed by the appropriate Government. (2) An employee may, in his nomination, distribute the amount of gratuity payable to him under this Chapter amongst more than one nominee. (3) If an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family shall be void. (4) If at the time of making a nomination the employee has no family, the nomination may be made in favour of any person or persons but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make, within such time as may be prescribed by the appropriate Government, a fresh nomination in favour of one or more members of his family. (5) A nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an employee at any time, after giving to his employer a written intimation in such form and in such manner as may be prescribed by the appropriate Government, of his intention to do so. (6) If a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination, in the form prescribed by the appropriate Government, in respect of such interest. (7) Every nomination, fresh nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same in his safe custody. **56. Determination of amount of gratuity.—(1) A person who is eligible for payment of gratuity under** this Chapter or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed by the appropriate Government, for payment of such gratuity. (2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the competent authority specifying the amount of gratuity so determined. (3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable. (4) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long term deposits: 44 ----- Provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the competent authority for the delayed payment on this ground. (5) (a) If there is any dispute as to the amount of gratuity payable to an employee under this Chapter or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the competent authority such amount as he admits to be payable by him as gratuity. (b) Where there is a dispute with regard to any matter or matters specified in clause (a), the employer or employee or any other person raising the dispute may make an application to the competent authority in the form prescribed by the appropriate Government for deciding the dispute. (c) The competent authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee, the competent authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer. (d) The competent authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto. (e) As soon as may be after a deposit is made under clause (a), the competent authority shall pay the amount of the deposit— (i) to the applicant where he is the employee; or (ii) where the applicant is not the employee, to the nominee or, as the case may be, the guardian of such nominee or heir of the employee if the competent authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity. (6) For the purpose of conducting an inquiry under sub-section (5), the competent authority shall have the same powers as are vested in a court, while trying a suit, under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses. (7) Any inquiry under this section shall be a judicial proceeding within the meaning of section 193, section 228 and for the purpose of section 196 of the Indian Penal Code (45 of 1860). (8) Any person aggrieved by an order under sub-section (5) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf: Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days: Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the competent authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under subsection (5), or deposits with the appellate authority such amount. (9) The appropriate Government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify, or reverse the decision of the competent authority. 45 ----- **57. Compulsory insurance.—(1) With effect from such date as may be notified by the appropriate** Government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government, shall, subject to the provisions of subsection (2), obtain an insurance in the manner prescribed by the Central Government, for his liability for payment towards the gratuity under this Chapter, from any insurance company regulated by the Authority as defined under clause (b) of sub-section (1) of section 2 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999): Provided that different dates may be appointed for different establishments or class of establishments or for different areas. (2) The appropriate Government may, subject to such conditions as may be prescribed by the Central Government, exempt any employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed by the Central Government from the provisions of sub-section (1). (3) For the purposes of effectively implementing the provisions of this section, every employer shall within such time as may be prescribed by the Central Government get his establishment registered with the competent authority in the manner prescribed by the appropriate Government and no employer shall be registered under the provisions of this section unless he has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2). (4) The appropriate Government may provide for the composition of the Board of Trustees of the approved gratuity fund and for the recovery by the competent authority of the amount of the gratuity payable to an employee from the insurer with whom an insurance has been taken under sub-section (1), or as the case may be, the Board of Trustees of the approved gratuity fund, in such manner as may be prescribed. (5) Where an employer fails to make any payment by way of premium in respect of the insurance referred to in sub-section (1) or by way of contribution to an approved gratuity fund referred to in sub-section (2), he shall be liable to pay the amount of gratuity due under this Chapter (including interest, if any, for delayed payments) forthwith to the competent authority. _Explanation.— In this section, “approved gratuity fund” shall have the same meaning as assigned to it_ in sub-section (5) of section 2 of the Income-tax Act, 1961 (43 of 1961). **58. Competent authority.—(1) The appropriate Government may, by notification, appoint any officer** of that Government having such qualifications and experience as may be prescribed by that Government to be a competent authority for implementation of any provision of this Chapter for such area as may be specified in the notification. (2) Where more than one competent authority has been appointed for any area, the appropriate Government may, by general or special order, regulate the distribution of business among them. (3) Any competent authority may, for the purpose of deciding any matter referred to him for decision under this Chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under reference to assist him in holding the inquiry relating thereto. CHAPTER VI MATERNITY BENEFIT **59. Employment of, or work by, women prohibited during certain period.—(1) No employer shall** knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy. (2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy. (3) Without prejudice to the provisions of section 62, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do, during the period specified in sub-section (4), any work which is of an arduous nature or which involves long hours of standing or which in any way 46 ----- is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversely affect her health. (4) The period referred to in sub-section (3) shall be— (a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery; (b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 62. _Explanation.— For the purposes of this section, the expression “any work of arduous nature” shall mean_ any work which involve or require strenuous effort or is difficult and tiring in nature. **60. Right to payment of maternity benefit.—(1) Subject to the other provisions of this Code, every** woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day. _Explanation.—For the purposes of this sub-section, “the average daily wage” means the average of the_ woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, subject to the minimum rate of wage fixed or revised under the Code on Wages, 2019 (29 of 2019). (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery. _Explanation.— For the purposes of calculating the period under this sub-section, the days on which a_ woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages, during the period of twelve months immediately preceding the expected date of her delivery shall be taken into account. (3) The maximum period for which any woman shall be entitled to maternity benefit shall be twenty six weeks of which not more than eight weeks shall precede the expected date of her delivery: Provided that the maximum period entitled to maternity benefit by a woman having two or more surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery: Provided further that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death: Provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child. _Explanation.— For the purposes of this sub-section, “child” includes a stillborn child._ (4) A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be. (5) In case the work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree. **61. Continuance of payment of maternity benefit in certain cases.—** Every woman entitled to the payment of maternity benefit under this Chapter, shall, notwithstanding the application of Chapter IV to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 32. 47 ----- **62. Notice of claim for maternity benefit and payment thereof.—(1) Any woman employed in an** establishment and entitled to maternity benefit under the provisions of this Chapter may give notice in writing in such form as may be prescribed by the Central Government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Chapter may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit. (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery. (3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after her delivery. (4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit. (5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed by the Central Government that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed by the Central Government that the woman has been delivered of a child. (6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Chapter if she is otherwise entitled to such benefit or amount and in any such case an Inspector-cum-Facilitator may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order. **63. Payment of maternity benefit in case of death of a woman.—If a woman entitled to maternity** benefit or any other amount under this Chapter, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 60, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 62 and in case there is no such nominee, to her legal representative. **64. Payment of medical bonus.—Every woman entitled to maternity benefit under this Chapter shall** also be entitled to receive from her employer a medical bonus of three thousand five hundred rupees or such amount as may be notified by the Central Government, if no pre-natal confinement and post-natal care is provided for by the employer free of charge. **65. Leave for miscarriage etc.—(1) In case of miscarriage, or medical termination of pregnancy, a** woman shall, on production of such proof as may be prescribed by the Central Government, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy. (2) In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed by the Central Government, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation. (3) A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy shall, on production of such proof as may be prescribed by the Central Government, be entitled, in addition to the period of absence allowed to her under section 62, or, as the case may be, under sub-section (1), to leave with wages at the rate of maternity benefit for a maximum period of one month. **66.Nursing breaks.—Every woman delivered of a child who returns to duty after such delivery shall,** in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of such duration as may be prescribed by the Central Government, for nursing the child until the child attains the age of fifteen months. **67. Creche facility.—(1) Every establishment to which this Chapter applies, in which fifty employees** or such number of employees as may be prescribed by the Central Government, are employed shall have 48 ----- the facility of crèche within such distance as may be prescribed by the Central Government, either separately or along with common facilities: Provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her: Provided further that an establishment may avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-Governmental organisation or by any other organisation or group of establishments who may pool their resources for setting up of common crèche in the manner as they may agree for such purpose. (2) Every establishment to which this Chapter applies shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under this Chapter. **68. Dismissal for absence during pregnancy.—(1) When a woman absents herself from work in** accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service: Provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this Chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided further that where the dismissal is for any gross misconduct as may be prescribed by the Central Government, the employer may, by order in writing, communicated to the woman, deprive her of the maternity benefit or medical bonus, or both. (2) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, or discharged or dismissed, shall be final. **69. No deduction of wages in certain cases.—No deduction from the normal and usual daily wages** of a woman entitled to maternity benefit under the provisions of this Chapter shall be made by reason only of— (a) the nature of work assigned to her by virtue of the provisions contained in section 59; or (b) breaks for nursing the child allowed to her under the provisions of section 66. **70. Forfeiture of maternity benefit.—A woman who works for remuneration during the period she** has been permitted by an employer to absent herself for availing the maternity benefits provided under this Chapter shall not be entitled to receive maternity benefit for such period. **71. Duties of employer.—An abstract of the provisions of this Chapter and the rules relating thereto** in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed. **72. Power of Inspector-cum-Facilitator to direct payments to be made.—(1) Any woman claiming** that,— (a) maternity benefit or any other amount to which she is entitled under this Chapter and any person claiming that payment due under this Chapter has been improperly withheld; (b) her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this Chapter, may make a complaint to the Inspector-cum-Facilitator. (2) The Inspector-cum-Facilitator may, on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that— 49 ----- (a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his order in writing; (b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Chapter, may pass such orders as he deems just and proper according to the circumstances of the case. (3) Any person aggrieved by the order of the Inspector-cum-Facilitator under sub-section (2) may, within thirty days from the date on which such order is communicated to such person, appeal to the authority prescribed by the appropriate Government. (4) The decision of the authority referred to in sub-section (3), where an appeal has been preferred to it under that sub-section or of the Inspector-cum-Facilitator where no such appeal has been preferred, shall be final. CHAPTER VII EMPLOYEE'S COMPENSATION **73. Reports of fatal accidents and serious bodily injuries.—(1) Where, by any law for the time being** in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring in his premises which results in death or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injury: Provided that where the State Government has so specified, the person required to give the notice may instead of sending such report to the competent authority send it to the authority to whom he is required to give the notice. _Explanation.—For the purposes of this sub-section, “serious bodily injury” means an injury which_ involves, or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days. (2) The State Government may, by notification, extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the competent authority. (3) Nothing in this section shall apply to establishments to which Chapter IV, relating to Employees' State Insurance Corporation, applies. **74. Employer’s liability for compensation.—(1) If personal injury is caused to an employee by** accident or an occupational disease listed in the Third Schedule arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter: Provided that the employer shall not be so liable— (a) in respect of such injury which does not result in the total or partial disablement of the employee for a period exceeding three days; and (b) in respect of such injury, not resulting in death or permanent total disablement caused by an accident which is directly attributable to— (i) the employee having been at the time thereof under the influence of drink or drugs, or (ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employees, or (iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employee. (2) An accident or an occupational disease referred to in sub-section (1) shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident or at 50 ----- the time of contracting the occupational disease, referred to in that sub-section, acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if— (a) such accident or contracting of such occupational disease would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and (b) the act is done for the purpose of, and in connection with, the employer's trade or business. (3) If an employee employed in any employment specified in the Second Schedule contracts any disease specified in the Third Schedule, being an occupational disease peculiar to that employment whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months, then, such disease shall be deemed to be an injury by accident within the meaning of this section and unless the contrary is proved, the accident shall be deemed to have arisen out of and in the course of the employment. (4) An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and his employment is established. (5) The Central Government or the State Government, after giving, by notification, not less than three months' notice of its intention so to do, may, by a like notification, modify or add any description of employment to the employments specified in the Second Schedule, and occupational diseases specified in the Third Schedule and shall specify in the case of employments so modified or added, the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and thereupon the provisions of sub-section (2) shall apply, in the case of a notification by the Central Government, within the territories to which this Code extends or, in case of a notification by the State Government, within that State as if such diseases had been declared by this Code to be occupational diseases peculiar to those employments. (6) Save as provided by sub-sections (2), (3) and (4), no compensation shall be payable to an employee in respect of any accident or disease unless the accident or disease is directly attributable to a specific injury by accident or disease arising out of and in the course of his employment. (7) Nothing herein contained shall be deemed to confer any right to compensation on an employee in respect of any accident or disease if he has instituted in a civil court a suit for damages in respect of the accident or disease against the employer or any other person; and no suit for damages shall be maintainable by an employee in any Court of law in respect of such accident or disease— (a) if he has instituted a claim to compensation in respect of the accident or disease before a competent authority; or (b) if an agreement has been made between the employee and his employer providing for the payment of compensation in respect of the accident or disease in accordance with the provisions of this Chapter. **75. Compensation in case of death of or injury in plantation.—** If death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation under section 76 and the Sixth Schedule, so far as may be applicable. _Explanation.— For the purposes of this section, the expression “worker” means a person employed in_ a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, and includes a person employed on contract for more than sixty days in a year, but does not include— (i) a medical officer employed in the plantation; 51 ----- (ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed the amount as determined by the appropriate Government, by notification, from time to time; (iii) any person employed in the plantation primarily in a managerial or administrative capacity, notwithstanding that his monthly wages do not exceed the amount as determined by the appropriate Government, by notification, from time to time; (iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals. **76. Amount of compensation.—(1) Subject to the provisions of this Chapter, the amount of** compensation shall be,— (a) where death results from the injury, an amount equal to fifty per cent. of the monthly wages of the deceased employee multiplied by the relevant factor or an amount as may be notified by the Central Government from time to time, whichever is more; (b) where permanent total disablement results from the injury, an amount equal to sixty per cent. of the monthly wages of the injured employee multiplied by the relevant factor or an amount as may be notified by the Central Government from time to time, whichever is more: Provided that the Central Government may, by notification, from time to time, enhance the amount of compensation specified in clauses (a) and (b). _Explanation.—For the purposes of clauses (a) and (b), “relevant factor”, in relation to an employee_ means the factor specified in column (3) of the Sixth Schedule relating to factors against the corresponding entry in column (2) thereof, specifying the number of years which are the same as the completed years of the age of the employee on his last birthday immediately preceding the date on which the compensation fell due; (c) where permanent partial disablement results from the injury,— (i) in the case of an injury specified in Part II of the Fourth Schedule, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and (ii) in the case of an injury not specified in the Fourth Schedule, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the medical practitioner) permanently caused by the injury. _Explanation 1.— For the purposes of this clause, where more injuries than one are caused by the same_ accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries. _Explanation 2.—In assessing the loss of earning capacity under sub-clause (ii), the medical practitioner_ shall have due regard to the percentage of loss of earning capacity in relation to different injuries specified in the Fourth Schedule; (d) where temporary disablement, whether total or partial, results from the injury, a half-monthly payment of the sum equivalent to twenty-five per cent. of monthly wages of the employee, to be paid in accordance with the provisions of sub-section (4). (2) Notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to an employee in respect of an accident which occurred outside India, the competent authority shall take into account the amount of compensation, if any, awarded to such employee in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the employee in accordance with the law of that country. (3) The Central Government may, by notification, specify for the purposes of sub-section (1), such monthly wages in relation to an employee as it may consider necessary. 52 ----- (4) The half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day— (i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more; or (ii) after the expiry of a waiting period of three days from the date of disablement, where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever is shorter: Provided that— (a) there shall be deducted from any lump sum or half-monthly payments to which the employee is entitled, the amount of any payment or allowance which the employee has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment, as the case may be, and such payment or allowance which the employee has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation; (b) no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the employee before the accident exceeds half the amount of such wages which he is earning after the accident. (5) The employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer. (6) On the ceasing of the disablement before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month. (7) If the injury of the employee results in his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the competent authority a sum of not less than fifteen thousand rupees or such amount as may be prescribed by the State Government, for payment of the same to the eldest surviving dependant of the employee towards the expenditure of the funeral of such employee or where the employee did not have a dependant or was not living with his dependant at the time of his death, to the person who actually incurred such expenditure: Provided that the Central Government may, by notification from time to time, enhance the amount specified in this sub-section. **77. Compensation to be paid when due and damages for default.—(1) Compensation under section** 76 shall be paid as soon as it falls due. (2) In cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the competent authority or made to the employee, as the case may be, without prejudice to the right of the employee to make any further claim. (3) Where any employer is in default in paying the compensation due under this Chapter within one month from the date it fell due, the competent authority shall,— (a) direct that the employer shall, in addition to the amount of the arrears, pay interest at such rate as may be prescribed by the Central Government, on the amount due; and (b) if in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent. of such amount of arrears by way of damages: Provided that an order for the payment of damages shall not be passed under clause (b) without giving a reasonable opportunity to the employer to show cause as to why it should not be passed. (4) The interest and the damages payable under sub-section (3) shall be paid to the employee or his dependant, as the case may be. 53 ----- **78. Method of calculating monthly wages for purposes of compensation.—** For the purposes of this Chapter, the expression “monthly wages” means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates), and calculated as follows, namely:— (a) where the employee has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the employee shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period; (b) where the whole of the continuous period of service immediately preceding the accident during which the employee was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the employee shall be the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by an employee employed on the same work by the same employer, or, if there was no employee so employed, by an employee employed on similar work in the same locality; (c) in other cases including cases in which it is not possible for want of necessary information to calculate the monthly wages under clause (b), the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period. _Explanation.—For the purposes of this section, “a period of service” shall be deemed to be continuous_ which has not been interrupted by a period of absence from work exceeding fourteen days. **79. Review.—(1) Any half-monthly payment payable under this Chapter, either under an agreement** between the parties or under the order of a competent authority, may be reviewed by the competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitioner that there has been a change in the condition of the employee or, subject to such conditions as may be prescribed by the State Government, on application made without such certificate. (2) Any half-monthly payment may, on review under this section, subject to the provisions of this Chapter, be continued, increased, decreased or ended, or if the accident is found to have resulted in permanent disablement, be converted to the lump sum to which the employee is entitled less any amount which he has already received by way of half-monthly payments. **80. Commutation of half-monthly payments.—Any right to receive half-monthly payments may, by** agreement between the parties or, if the parties cannot agree and the payments have been continued for not less than six months, on the application of either party to the competent authority be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authority, as the case may be. **81. Distribution of compensation.—(1) No payment of compensation in respect of an employee** whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensation: Provided that, in the case of a deceased employee, an employer may make to any dependant, advances on account of compensation of an amount equal to three months' wages of such employee and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the competent authority from such compensation and repaid to the employer. (2) Any other sum amounting to not less than five thousand rupees which is payable as compensation may be deposited with the competent authority on behalf of the person entitled thereto. (3) The receipt of the competent authority shall be a sufficient discharge in respect of any compensation deposited with him. (4) (a) On the deposit of any money under sub-section (1) as compensation in respect of a deceased employee, the competent authority shall, if he thinks necessary, cause notice to be published or to be served 54 ----- on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensation. (b) If the competent authority is satisfied after any inquiry which he may deem necessary, that no dependant exists, he shall repay the balance of the money to the employer by whom it was paid. (c) The competent authority shall, on an application by the employer, furnish a statement showing in detail all disbursements made. (5) The compensation deposited in respect of a deceased employee shall, subject to any deduction made under sub-section (1), be apportioned by order by the competent authority among the dependants of the deceased employee or any of them in such proportion as the competent authority thinks fit, or may, in the discretion of the competent authority, be allotted to any one dependant: Provided that the competent authority shall not make any order under this sub-section without hearing the dependants and shall record reasons in the order for the apportionment of such compensation among dependants or any of them, as the case may be. (6) Where any compensation deposited with the competent authority is payable to any person, other than a woman or a person under legal disability, the competent authority may pay the compensation to the person entitled thereto. (7) Where any lump sum deposited with the competent authority is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the competent authority may direct; and where a half-monthly payment is payable to any person under a legal disability, the competent authority may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependant of the employee or to any other person, whom the competent authority thinks fit to provide for the welfare of the employee. (8) Where, on application made to him in this behalf or otherwise, the competent authority is satisfied that, on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependant or for any other sufficient cause, an order of the competent authority as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the competent authority may make such orders for the variation of the former order as he thinks just in the circumstances of the case: Provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause as to why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependant of any sum already paid to him. (9) Where the competent authority varies any order under sub-section (8) by reason of the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner as specified in sub-section (10). (10) The competent authority may recover as an arrear of land revenue any amount referred to in sub-section (9), and for such purpose the competent authority shall be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890 (1 of 1890). **82. Notice and claim.—(1) No claim for compensation shall be entertained by a competent authority** unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death: Provided that where the accident is the contracting of a disease in respect of which the provisions of sub-section (3) of section 74 are applicable, the accident shall be deemed to have occurred on the first of the days during which the employee was continuously absent from work in consequence of the disablement caused by the disease: 55 ----- Provided further that in case of partial disablement due to the contracting of any such disease and which does not force the employee to absent himself from work, the period of two years shall be counted from the day the employee gives notice of the disablement to his employer: Provided also that if an employee who, having been employed in an employment for a continuous period specified under sub-section (3) of section 74 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected. (2) The want of or any defect or irregularity, in a notice given under sub-section (1), shall not be a bar to the entertainment of a claim— (a) if the claim is preferred in respect of the death of an employee resulting from an accident which occurred on the premises of the employer, or at any place where the employee at the time of the accident was working under the control of the employer or of any person employed by him, and the employee died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or (b) if the employer or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured employee was employed had knowledge of the accident from any other source at or about the time when it occurred: Provided that the competent authority may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time as provided under sub-section (1), if he is satisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient cause. (3) Every such notice shall give the name and address of the person injured and shall state the cause of the injury and the date on which the accident happened, and shall be served on the employer or upon any one of several employers, or upon any person responsible to the employer for the management of any branch of the trade or business in which the injured employee was employed. (4) The appropriate Government may require that any class of employers as may be prescribed by that Government shall maintain, at their premises at which employees are employed, a notice-book, in such form as may be prescribed by that Government, which shall be readily accessible at all reasonable times to any injured employee employed on the premises and to any person acting bona fide on his behalf. (5) A notice under this section may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or where possible, electronically or, where a notice-book is maintained, by entry in the notice-book. **83. Special provisions relating to accidents occurring outside Indian territory.—(1) The provisions** of this section shall, subject to the modifications specified in this section, apply in case of employees who are— (a) masters of ships or seamen; or (b) captain and other members of crew of aircraft; (c) persons recruited by companies registered in India and working as such abroad; (d) persons sent for work abroad along with motor vehicles registered under the Motor Vehicles Act, 1988 (59 of 1988) as drivers, helpers, mechanics, cleaners or other employees. (2) The notice of the accident and the claim for compensation by a person injured may be served on the following persons, as if they were the employer— (a) in case of accident where the person injured is a seamen, but not the master of the ship, on the master of the ship; (b) in case of accident where the person injured is a member of crew of an aircraft, but not the captain of the aircraft, on the captain of the aircraft; 56 ----- (c) in case of persons recruited by companies registered in India and working as such abroad, on the local agent of the company; (d) in case of persons sent for work abroad along with motor vehicles as drivers, helpers, mechanics, cleaners or other employees, on the local agent of the owner of the motor vehicle, in the country of the accident: Provided that where the accident happened and the disablement commenced on board, the ship or aircraft, as the case may be, then, it shall not be necessary for any seaman or members of the crew of aircraft to give any notice of the accident. (3) The claim of compensation shall be made— (a) in the case of the death of an employee referred to in sub-section (1), one year after the news of the death has been received by the claimant; (b) in the case where the ship or the aircraft as the case may be, has been or is deemed to have been lost with all hands, eighteen months of the date on which the ship or the aircraft was, or is deemed to have been, so lost: Provided that the competent authority may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause. (4) Where an injured employee referred to in sub-section (1) is discharged or left behind in any part of India or in any foreign country, then, any depositions taken by any Judge or Magistrate in that part or by any Consular Officer in the foreign country and transmitted by the person by whom they are taken to the Central Government or any State Government shall, in any proceedings for enforcing the claim, be admissible in evidence— (a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular Officer before whom it is made; (b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness; and (c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused, and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made. (5) No half-monthly payment shall be payable in respect of the period during which the owner of the ship is, under any law for the time being in force relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman. (6) Failure to give a notice or make a claim or commence proceedings within the time required by this section shall not be a bar to the maintenance of proceedings under this Chapter in respect of any personal injury, if such proceedings under this Chapter are commenced within one month from the date on which the certificate of the State to that effect Government was furnished to the person commencing the proceedings. **84. Medical examination.—(1) Where an employee has given notice of an accident, he, shall, if the** employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner, submit himself for such examination, and any employee who is in receipt of a half-monthly payment under this Chapter shall, if so required, submit himself for such examination from time to time: Provided that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by the State Government. 57 ----- (2) If an employee, on being required to do so by the employer under sub-section (1) or by the competent authority at any time, refuses to submit himself for examination by a medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless in the case of refusal, he was prevented by any sufficient cause from so submitting himself. (3) If an employee, before the expiry of the period within which he is liable under sub-section (1) to be required to submit himself for medical examination, voluntarily leaves the vicinity of the place in which he was employed without having been so examined, his right to compensation shall be suspended until he returns and offers himself for such examination: Provided that where such employee proves before the medical practitioner that he could not so submit himself for medical examination due to the circumstances beyond his control and he was also handicapped to communicate such information in writing, the medical practitioner may after recording such reasons in writing, condone the delay and his right to compensation shall be revived as if no such suspension was made. (4) Where an employee, whose right to compensation has been suspended under sub-section (2) or sub section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the competent authority may, if he thinks fit, direct the payment of compensation to the dependants of the deceased employee. (5) Where under sub-section (2) or sub-section (3), a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (ii) of sub-section (4) of section 76, the waiting period shall be increased by the period during which the suspension continues. (6) Where an injured employee has refused to be attended by a medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, if it is proved that the employee has not thereafter been regularly attended by a medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the employee had been regularly attended by a medical practitioner, whose instructions he had followed, and compensation, if any, shall be payable accordingly. **85. Contracting.—(1) Where any employer in the course of or for the purposes of his trade or business** contracts with a contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer, the employer shall be liable to pay to any employee employed in the execution of the work any compensation, which he would have been liable to pay if that employee had been immediately employed by him; and that the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed. (2) Where the employer is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor, or any other person from whom the employee could have recovered the compensation and where a contractor who is himself an employer is liable to pay compensation or to indemnify an employer under this section, he shall be entitled to be indemnified by any person standing to him in relation of a contractor from whom the employee could have recovered the compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the competent authority. (3) Nothing in this section shall be construed as preventing an employee from recovering compensation referred to in sub-section (2) from the contractor instead of the employer. (4) The provisions of this section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the employer has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management. 58 ----- **86. Remedies of employer against stranger.—Where an employee has recovered compensation in** respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 85 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid. **87. Insolvency of employer.—(1) Where any employer has entered into a contract with any insurers** in respect of any liability under this Chapter to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of companies, be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the employee than they would have been under the employer. (2) If the liability of the insurers to the employee is less than the liability of the employer to the employee, the burden of proof shall lie on the employee for the balance in the insolvency proceedings or liquidation. (3) Where in any case such as is referred to in sub-section (1), the contract of the employer with the insurers is void or voidable by reason of non-compliance on the part of the employer with any terms or conditions of the contract (other than a stipulation for the payment of premium), the provisions of that subsection shall apply as if the contract were not void or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the employee: Provided that the provisions of this sub-section shall not apply in any case in which the employee fails to give notice to the insurers of the happening of the accident and of any resulting disablement as soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings. (4) There shall be deemed to be included among the debts which under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) or under the provisions of the Companies Act, 2013 (18 of 2013) are in the distribution of the assets of an insolvent or in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation, the liability accrued before the date of the order of adjudication of the insolvent or the date of the commencement of the winding up, as the case may be, and the provisions of that Code and Act shall have effect accordingly. (5) Where the compensation is a half-monthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the half-monthly payment could, if redeemable, be redeemed if applications were made for that purpose under section 80, and a certificate of the competent authority as to the amount of such sum shall be conclusive proof thereof. (6) The provisions of sub-section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-section (3), but otherwise those provisions shall not apply where the insolvent or the company being wound up has entered into such a contract with insurers as is referred to in sub-section (1). (7) The provisions of this section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company. **88. Power to required from employers statements regarding fatal accidents.—(1) Where a** competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment, he may send by registered post or where possible, electronically a notice to the employee's employer requiring him to submit, within thirty days of the service of the notice, a statement, in such form as may be prescribed by the State Government, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority in the same manner to the dependants of such employee ascertained by the competent authority. 59 ----- (2) If the employer is of the opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice. (3) If the employer is of the opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability. (4) Where the employer has so disclaimed liability, the competent authority, after such inquiry as he may think fit, may inform any of the dependants of the deceased employee, that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit. (5) Where in the opinion of the competent authority, a dependant of the deceased employee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependant, from the panel of advocates maintained by the State Government. **89. Registration of agreements.— (1) Where the amount of any lump sum payable as compensation** has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability, a memorandum thereof shall be sent by the employer to the competent authority, who shall, on being satisfied as to its genuineness, record the memorandum in a register, electronically or otherwise, in such manner as may be prescribed by the appropriate Government: Provided that— (a) no such memorandum shall be recorded before seven days after communication by the competent authority of notice to the parties concerned; (b) the competent authority may at any time rectify the register; (c) where it appears to the competent authority that an agreement as to the payment of a lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation payable, to a woman or a person under a legal disability ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, the competent authority may refuse to record the memorandum of the agreement and may make such order including an order as to any sum already paid under the agreement, as the competent authority thinks just in the circumstances. (2) An agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this Code notwithstanding anything contained in the Indian Contract Act, 1872 (9 of 1872), or in any other law for the time being in force. (3) Where a memorandum of any agreement, the registration of which is required under this section, is not sent to the competent authority as required by this section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this Chapter, and notwithstanding anything contained in the proviso to sub-section (1) of section 76, shall not, unless the competent authority otherwise directs, be entitled to deduct more than half of any amount paid to the employee by way of compensation whether under the agreement or otherwise. **90. Reference to competent authority.—(1) If any question arises in any proceedings under this** Chapter as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not an employee) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall, in default of agreement, be settled by a competent authority. (2) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Chapter required to be settled, decided or dealt with by a competent authority or to enforce any liability incurred under this Chapter. **91. Appointment of competent authority.—(1) The State Government may, by notification, appoint** any person who is or has been a member of a State Judicial Service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a Gazetted Officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be 60 ----- prescribed by the appropriate Government to be a competent authority for the purposes of this Chapter and for such area as may be specified in the notification. (2) Where more than one competent authority has been appointed for any area, the State Government may, by general or special order, regulate the distribution of business amongst them. (3) Any competent authority may, for the purpose of deciding any matter referred to him for decision under this Chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry. **92. Venue of proceedings and transfer.—** (1) Where any matter under this Chapter is to be done by or before a competent authority, the same shall, subject to the provisions of this Chapter and in the manner prescribed in this behalf by the State Government, be done by or before the competent authority for the area in which— (a) the accident took place which resulted in the injury; or (b) the employee or in case of his death, the dependant claiming the compensation ordinarily resides; or (c) the employer has his registered office: Provided that no matter shall be processed before or by a competent authority, other than the competent authority having jurisdiction over the area in which the accident took place, without his giving notice electronically or otherwise in the manner prescribed by the Central Government to the competent authority having jurisdiction over the area and the State Government concerned: Provided further that, where the employee, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or an employee in a motor vehicle or a company, meets with the accident outside India, any such matter may be done by or before a competent authority for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be. (2) If a competent authority, other than the competent authority with whom any money has been deposited under section 81, proceeds with a matter under this Chapter, the former may for the proper disposal of the matter call for transfer of any records or moneys remaining with the latter and on receipt of such a request, he shall comply with the same. (3) If a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, whether in the same State or not, he may, subject to rules made under this Code relating to this Chapter, order such matter to be transferred to such other competent authority either for report or for disposal, and, if he does so, shall forthwith transmit to such other competent authority all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the manner as may be prescribed by the Central Government any money remaining in his hands or invested by him for the benefit of any party to the proceedings: Provided that the competent authority shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard. (4) The competent authority to whom any matter is so transferred shall, subject to rules made under this Code relating to this Chapter, inquire therein to and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him. (5) On receipt of a report from a competent authority to whom any matter has been transferred for report under sub-section (3), the competent authority by whom it was referred shall decide the matter referred to in conformity with such report. (6) The State Government may transfer any matter from any competent authority appointed by it to any other competent authority appointed by it. 61 ----- **93. Form of application.—(1) Where an accident occurs in respect of which liability to pay** compensation under this Chapter arises, a claim for such compensation may, subject to the provisions of this Chapter, be made before the competent authority. (2) Subject to the provisions of sub-section (1), no application for the settlement of any matter by competent authority, other than an application by a dependant or joint application by dependants for compensation, shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement. (3) An application to a competent authority for claim under sub-section (1) or settlement under sub-section (2) may be made electronically or otherwise in such form and in such manner accompanied by such fee, if any, as may be prescribed by the Central Government. (4) The time-limit for the disposal of applications under this section and the costs incidental to the proceedings under this section to be imposed by the competent authority shall be such as may be prescribed by the State Government. **94. Power of competent authority to require further deposit in cases of fatal accident.—(1) Where** any sum has been deposited by an employer as compensation payable in respect of an employee whose injury has resulted in death, and in the opinion of the competent authority such sum is insufficient, the competent authority may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the notice. (2) If the employer fails to show cause to the satisfaction of the competent authority, the competent authority may make an award determining the total amount payable, and requiring the employer to deposit the deficiency. **95. Powers and procedure of competent authority.—The competent authority shall have all the** powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence on oath (which such competent authority is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the competent authority shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). **96. Appearance of parties.—** Any appearance, application or act required to be made or done by any person before or to a competent authority (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of such person by a legal practitioner or by an official of an Insurance Company or a registered Trade Union or by an Inspector-cumFacilitator appointed under sub-section (1) of section 122 or by any other officer specified by the State Government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorised. **97. Method of recording evidence.—The competent authority shall make a brief memorandum of the** substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authority or in the manner as may be prescribed by the State Government and shall form part of the record: Provided that, if the competent authority is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record: Provided further that the evidence of any medical witness shall be taken down as nearly as may be word for word. **98. Power to submit cases.—** A competent authority may, if he thinks fit, submit any question of law for the decision of the High Court and, if he does so, shall decide the question in conformity with such decision. **99. Appeal against order of competent authority.—** (1) An appeal shall lie to the High Court from the following orders of a competent authority under this Chapter, namely:— 62 ----- (a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum; (b) an order awarding interest or damages under section 77; (c) an order refusing to allow redemption of a half-monthly payment; (d) an order providing for the distribution of compensation among the dependants of a deceased employee, or disallowing any claim of a person alleging himself to be such dependant; (e) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 85; or (f) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions: Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order referred to in clause (c), unless the amount in dispute in the appeal is not less than ten thousand rupees or such higher amount as the Central Government may, by notification, specify: Provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the competent authority, or in which the order of the competent authority gives effect to an agreement arrived at by the parties: Provided also that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the competent authority to the effect that the appellant has deposited with him the amount payable under the order appealed against. (2) The period of limitation for an appeal under this section shall be sixty days from the date of passing of the order. (3) The provisions of section 5 of the Limitation Act, 1963 (36 of 1963), shall be applicable to appeal under this section. CHAPTER VIII SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND OTHER CONSTRUCTION WORKERS **100. Levy and collection of cess.— (1) There shall be levied and collected a cess for the purposes of** social security and welfare of building workers at such rate not exceeding two per cent. but not less than one per cent. of the cost of construction incurred by an employer, as the Central Government may, by notification, from time to time, specify. _Explanation.—For the purposes of this sub-section, the cost of construction shall not include,—_ (a) the cost of land; and (b) any compensation paid or payable to an employee or his kin under Chapter VII. (2) The cess levied under sub-section (1) shall be collected from every employer undertaking building or other construction work in such manner and at such time, including deduction at source in relation to a building or other construction work of a Government or of a public sector undertaking or advance collection through a local authority where an approval of such building or other construction work by such local authority or such other authority notified by the State Government is required, as may be prescribed by the Central Government. (3) The proceeds of the cess collected under sub-section (2) shall be deposited by the local authority or such other authority notified by the State Government to the Building Workers' Welfare Board in such manner as may be prescribed by the Central Government. (4) Notwithstanding anything contained in sub-section (1) or sub-section (2), the cess leviable under this Chapter including payment of such cess in advance may, subject to final assessment to be made, be 63 ----- collected at a uniform rate or rates as may be prescribed by the Central Government on the basis of the quantum of the building or other construction work involved. **101.Interest payable on delay in payment of cess.—** If any employer fails to pay any amount of cess payable under section 100 within such time as may be prescribed by the appropriate Government, such employer shall be liable to pay interest at such rate as may be prescribed by the Central Government, on the amount of cess, to be paid, for the period from the date on which such payment is due till such amount is actually paid. **102.Power to exempt from cess.—** Notwithstanding anything contained in this Chapter, the appropriate Government may, by notification, exempt any employer or class of employers in a State from the payment of cess payable under this Chapter where such cess is already levied and payable under any corresponding law in force in that State. **103. Self-assessment of cess.—** (1) The employer shall, within sixty days or such period as may be notified by the Central Government of the completion of his each building and other construction work, pay such cess (adjusting the advance cess already paid under section 100) payable under this Chapter on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and in the manner prescribed by the Central Government and after such payment of cess, he shall file a return under clause (d) of section 123. (2) If the officer or the authority to whom or to which the return has been filed under sub-section (1) finds any discrepancy in the payment under the self-assessment and the payment required under the return referred to in that sub-section, then, he or it shall, after making or causing to be made such inquiry as he or it thinks fit and after such inquiry make the appropriate assessment order. (3) An order of assessment made under sub-section (2) shall specify the date within which the cess shall be paid by the employer, if any. **104. Penalty for non-payment of cess within the specified time.—** If any amount of cess payable by any employer under section 103 is not paid within the date specified in the order of assessment made under sub-section (2) of that section, it shall be deemed to be in arrears and the authority prescribed by the Central Government in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cess: Provided that, before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this section. **105. Appeal to appellate authority.— (1) Any employer aggrieved by an order of assessment made** under section 103 or by an order imposing penalty made under section 104 may, within such time as may be prescribed by the Central Government, appeal to such appellate authority in such form and in such manner as may be prescribed by the Central Government. (2) Every appeal preferred under sub-section (1) shall be accompanied by such fees as may be prescribed by the appropriate Government. (3) After the receipt of any appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. (4) Every order passed in appeal under this section shall be final and shall not be called in question in any court of law. **106.Registration of building workers as beneficiaries.—** Every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the Building Workers' Welfare Board as a beneficiary under this Chapter in such manner as may be prescribed by the Central Government. **107.Cessation as a beneficiary.—** (1) A building worker who has been registered as a beneficiary under section 106 shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year: 64 ----- Provided that in computing the period of ninety days under this sub-section, there shall be excluded any period of absence from the building or other construction work due to any personal injury caused to the building worker by accident arising out of and in the course of his employment. (2) Notwithstanding anything contained in sub-section (1), if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, then, he shall be eligible to get such benefits as may be prescribed by the Central Government. _Explanation.—For computing the period of three years under this sub-section as a beneficiary registered_ with a Building Workers' Welfare Board, there shall be added any period for which a person had been a beneficiary registered with any other such Board immediately before his registration with the Building Workers' Welfare Board. **108. Building and Other Construction Workers’ Welfare Fund and its application.—(1) There** shall be constituted by a Building Workers' Welfare Board a fund to be called the Building and Other Construction Workers' Welfare Fund and there shall be credited thereto— (a) the amount of any cess levied under sub-section (1) of section 100; (b) any grants and loans made to the Building Workers' Welfare Board by the Central Government; and (c) all sums received by the Building Workers' Welfare Board from such other sources as may be decided by the Central Government. (2) The Building and Other Construction Workers' Welfare Fund shall be applied for meeting— (a) expenses of the Building Workers' Welfare Board in the discharge of its functions under sub-section (6) of section 7; (b) salaries, allowances and other remuneration of the members, officers and other employees of the Building Workers' Welfare Board; and (c) expenses on objects and for purposes authorised by this Code. (3) No Building Workers' Welfare Board shall, in any financial year, incur expenses towards salaries, allowances and other remuneration to its members, officers and other employees and for meeting the other administrative expenses exceeding five per cent. of its total expenses during that financial year. CHAPTER IX SOCIAL SECURITY FOR UNORGANISED WORKERS, GIG WORKERS AND PLATFORM WORKERS **109. Framing of schemes for unorganized workers.—** (1) The Central Government shall frame and notify, from time to time, suitable welfare schemes for unorganised workers on matters relating to— (i) life and disability cover; (ii) health and maternity benefits; (iii) old age protection; (iv) education; and (v) any other benefit as may be determined by the Central Government. (2) The State Government shall frame and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to— (i) provident fund; (ii) employment injury benefit; (iii) housing; (iv) educational schemes for children; 65 ----- (v) skill upgradation of workers; (vi) funeral assistance; and (vii) old age homes. (3) Any scheme notified by the Central Government under sub-section (1), may be— (i) wholly funded by the Central Government; or (ii) partly funded by the Central Government and partly funded by the State Government; or (iii) partly funded by the Central Government, partly funded by the State Government and partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the Central Government; or (iv) funded from any source including corporate social responsibility fund within the meaning of the Companies Act, 2013 (18 of 2013) or any other such source as may be specified in the scheme. (4) Every scheme notified by the Central Government under sub-section (1) shall provide for such matters that are necessary for the efficient implementation of the scheme including the matters relating to all or any of the following, namely:— (i) scope of the scheme; (ii) authority to implement the scheme; (iii) beneficiaries of the scheme; (iv) resources of the scheme; (v) agency or agencies that will implement the scheme; (vi) redressal of grievances; and (vii) any other relevant matter, and a special purpose vehicle may also be constituted by the Central Government for the purpose of implementation of any such scheme. **110. Funding of State Government schemes.— (1) Any scheme notified by the State Government** under sub-section (2) of section 109 may be— (a) wholly funded by the State Government; or (b) partly funded by the State Government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the State Government; or (c) funded from any source including corporate social responsibility fund referred to in clause (iv) of sub-section (3) of section 109 or any other such source as may be specified in the scheme. (2) The State Government may seek financial assistance from the Central Government for the schemes framed by it. (3) The Central Government may provide such financial assistance to the State Governments for the purpose of schemes for such period and on such terms and conditions as it may deem fit. **111. Record keeping.—The Government formulating and notifying the scheme under this Chapter** shall provide therein the form and manner of keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintained: Provided that such records shall, as far as may be possible, bear continuous number for the purpose of proper management of the scheme and for avoiding any duplication and overlapping in records. **112. Helpline, facilitation centre, etc., for unorganized workers, gig workers and platform** **workers.—The appropriate Government may set up a toll free call centre or helpline or such facilitation** 66 ----- centres as may be considered necessary from time to time to perform any or more of the following functions, namely:— (a) to disseminate information on available social security schemes for the unorganised workers, gig workers and platform workers; (b) to facilitate filing, processing and forwarding of application forms for registration of unorganised workers, gig workers and platform workers; (c) to assist unorganised workers, gig workers and platform workers to obtain registration; and (d) to facilitate the enrolment of the registered unorganised workers, gig workers and platform workers in the social security schemes. **113. Registration of unorganized workers, gig workers and platform workers.—** (1) Every unorganised worker, gig worker or platform worker shall be required to be registered for the purposes of this Chapter, subject to the fulfilment of the following conditions, namely:— (a) he has completed sixteen years of age or such age as may be prescribed by the Central Government; (b) he has submitted a self-declaration electronically or otherwise in such form and in such manner containing such information as may be prescribed by the Central Government. (2) Every eligible unorganised worker, gig worker or platform worker referred to in sub-section (1) shall make an application for registration in such form along with such documents including Aadhaar number as may be prescribed by the Central Government and such worker shall be assigned a distinguishable number to his application: Provided that the system of electronic registration maintained by the appropriate Government shall also provide for self registration by any such worker in such manner as may be prescribed by the Central Government. (3) A registered unorganised worker, gig worker or platform worker shall be eligible to avail the benefit of the concerned scheme framed under this Chapter. (4) The Central Government, or as the case may be, the State Government shall make such contribution in a scheme as may be specified therein. _Explanation.—For the purposes of this section, the term “Aadhaar” shall have the same meaning as is_ assigned to it in section 142. **114. Schemes for gig works and platform workers.—** (1) The Central Government may frame and notify, from time to time, suitable social security schemes for gig workers and platform workers on matters relating to— (a) life and disability cover; (b) accident insurance; (c) health and maternity benefits; (d) old age protection; (e) crèche; and (f) any other benefit as may be determined by the Central Government. (2) Every scheme framed and notified under sub-section (1) may provide for— (a) the manner of administration of the scheme; (b) the agency or agencies for implementing the scheme; (c) the role of aggregators in the scheme; (d) the sources of funding of the scheme; and 67 ----- (e) any other matter as the Central Government may consider necessary for the efficient administration of the scheme. (3) Any scheme notified by the Central Government under sub-section (1), may be— (a) wholly funded by the Central Government; or (b) partly funded by the Central Government and partly funded by the State Government; or (c) wholly funded by the contributions of the aggregators; or (d) partly funded by the Central Government, partly funded by the State Government and partly funded through contributions collected from the beneficiaries of the scheme or the aggregators, as may be specified in the scheme framed by the Central Government; or (e) funded from corporate social responsibility fund within the meaning of Companies Act, 2013 (18 of 2013); or (f) any other source. (4) The contribution to be paid by the aggregators for the funding referred to in clause (ii) of sub-section (1) of section 141, shall be at such rate not exceeding two per cent., but not less than one per cent., as may be notified by the Central Government, of the annual turnover of every such aggregator who falls within a category of aggregators, as are specified in the Seventh Schedule: Provided that the contribution by an aggregator shall not exceed five per cent. of the amount paid or payable by an aggregator to gig workers and platform workers. _Explanation.—For the purposes of this sub-section, the annual turnover of an aggregator shall not_ include any tax, levy and cess paid or payable to the Central Government. (5) The date of commencement of contribution from aggregator under this section shall be notified by the Central Government. (6) The National Social Security Board constituted under sub-section (1) of section 6 shall be the Board for the purposes of the welfare of gig workers and platform workers under the provisions of this Code: Provided that while such Board serves the purposes of welfare of, or matters relating to, gig workers and platform workers, the following members shall constitute the Board instead of the members specified in clauses (c) and (d) of sub-section (2) of section 6, namely:— (a) five representatives of the aggregators as the Central Government may nominate; (b) five representatives of the gig workers and platform workers as the Central Government may nominate; (c) Director General of the Corporation; (d) Central Provident Fund Commissioner of the Central Board; (e) such expert members as the Central Government may consider appropriate; (f) five representatives of the State Governments by such rotation as the Central Government may consider appropriate; (g) Joint Secretary to the Government of India in the Ministry of Labour and Employment, who shall be the Member Secretary to the Board. (7) (i) The Central Government may provide that— (a) the authority to collect and to expend the proceeds of contribution collected; (b) the rate of interest to be paid by an aggregator in case of delayed payment, less payment or non payment of contribution; (c) self-assessment of contribution by aggregators; (d) conditions for cessation of a gig worker or a platform worker; and 68 ----- (e) any other matter relating to smooth functioning of the social security scheme notified under this section, shall be such as may be prescribed by that Government. (ii) The Central Government may by notification, exempt such aggregator or class of aggregators from paying of contribution under sub-section (4), subject to such conditions as may be specified in the notification. _Explanation.—For the purposes of this section, an aggregator having more than one business shall be_ treated as a separate business entity or aggregator. CHAPTER X FINANCE AND ACCOUNTS **115. Accounts.—Each of the Social Security Organisations shall maintain proper accounts of its** income and expenditure in such form and in such manner as the appropriate Government may, after consultation with the Comptroller and Auditor-General of India, specify. **116. Audit.—(1) The accounts of each of the Social Security Organisations shall be audited annually** by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the respective Social Security Organisation to the Comptroller and AuditorGeneral of India. (2) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of a Social Security Organisation shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has, in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and to inspect any of the offices of the Social Security Organisation. (3) The accounts of a Social Security Organisation as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded to the Social Security Organisation which shall along with its comments on the audit report of the Comptroller and Auditor-General of India forward the same to the appropriate Government. **117. Budget estimates.—** (1) Each of the Social Security Organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate Government before such date as may be fixed by it in that behalf. (2) The budget shall contain provisions adequate in the opinion of the appropriate Government for the discharge of the liabilities incurred by the Social Security Organisation and for the maintenance of a working balance. **118. Annual report.—** (1) Each of the Social Security Organisations shall submit to the appropriate Government an annual report of its work and activities and the budget finally adopted by the Social Security Organisation. (2) The appropriate Government shall cause a copy of the annual report, budget and the audited accounts together with the report of the Comptroller and Auditor-General of India and the comments of the respective Social Security Organisation thereon to be laid before each House of Parliament or the State legislature, as the case may be. **119. Valuation of assets and liabilities.—** Each of the fund maintained by a Social Security Organisation or by an establishment under this Code shall have a valuation of its assets and liabilities made by a valuer or actuary, as the case may be, appointed, with the prior approval of the appropriate Government, by such Social Security Organisation or the establishment, as the case may be, in the following manner, namely:— (a) in case of Central Board, annually; (b) in case of Corporation, once in every three years; 69 ----- (c) in case of any other Social Security Organisation or establishment, as specified by the appropriate Government, by order: Provided that the appropriate Government, if it considers necessary, may direct such valuation to be made at such intervals other than provided in this section. **120. Holding of property, etc, by Social Security Organisation.—(1) A Social Security Organisation** (except Corporation) may, subject to such conditions as may by Social Security Organisation be prescribed by the appropriate Government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for such purposes and for the purposes for which the said Social Security Organisation is established. (2) Subject to such conditions as may be prescribed by the appropriate Government, a Social Security Organisation may, from time to time invest any moneys vested in it, which are not immediately required for expenses properly defrayable and may, subject to as aforesaid, from time to time re-invest or realise such investments: Provided that in case of Provident Fund, Pension Fund or Insurance Fund, such investment, re investment or realisation shall be specified in the Provident Fund Scheme or Pension Scheme or Insurance Scheme, as the case may be. (3) Each of the Social Security Organisations (except Corporation) may, with the previous sanction of the appropriate Government and on such terms as may be prescribed by such Government, raise loans and take measures for discharging such loans. (4) Each of the Social Security Organisations (except Corporation) may, with the previous sanction of the appropriate Government and on such terms as may be prescribed by such Government, constitute for the benefit of its officers and staff or any class of them, such provident or other benefit funds as it may think fit: Provided that in case of officers and staff of the Central Board, such terms shall be specified in the Provident Fund Scheme. **121. Writing off of losses.—Subject to the conditions as may be prescribed by the appropriate** Government, where any of the Social Security Organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under this Code, is irrecoverable, the concerned Social Security Organisation may sanction the writing off of the said amount in such manner as may be prescribed by the appropriate Government: Provided that in the case of Provident Fund, Pension Fund or Insurance Fund, such writing off shall be specified in the Provident Fund Scheme or Pension Scheme or Insurance Scheme, as the case may be. CHAPTER XI AUTHORITIES, ASSESSMENT, COMPLIANCE AND RECOVERY **122. Appointment of Inspector-cum- Facilitators and their powers.—(1) The Central Government** for the purposes of Chapter III and Chapter IV and for the provisions in this Code relating to those Chapters, and the appropriate Government for the purposes of other provisions of this Code, may, by notification, appoint Inspectorcum-Facilitators who shall discharge his duties under this Code and exercise the powers conferred on them under sub-section (6) in accordance with the inspection scheme referred to in sub-section (2). (2) The Central Government for the purposes of Chapter III and Chapter IV and for the provisions in this Code relating to those Chapters and the appropriate Government in respect of other provisions of this Code, may, by notification, lay down an inspection scheme which may provide for generation of a webbased inspection and calling of information relating to the inspection under this Code electronically and such scheme shall, inter alia, have provisions to cater to special circumstances for assigning inspections and calling for information from the establishment or any other person. 70 ----- (3) Without prejudice to the provisions of sub-section (2), the Central Government for the purposes of Chapter III and Chapter IV and the other provisions in this Code relating to those Chapters and the appropriate Government in relation to other provisions of this Code, may, by notification, confer such jurisdiction of randomised selection of inspection for the purposes of this Code, to the Inspector-cumFacilitators as may be specified in such notification. (4) Without prejudice to the powers of the Central Government or the appropriate Government, as the case may be, under this section, the inspection scheme may be designed taking into account, inter alia, the following factors, namely:— (a) assignment of unique number to each establishment (which will be same as the registration number allotted to that establishment), each Inspector-cum-Facilitator and each inspection in such manner as may be notified for the purposes of Chapter III and Chapter IV and the other provisions of this Code relating to those Chapters, by the Central Government, and in respect of other provisions of this Code, by the appropriate Government; (b) timely uploading of inspection reports in such manner and subject to such conditions as may be notified, for the purposes of Chapter III and Chapter IV and the other provisions of this Code relating to those Chapters, by the Central Government, and in respect of other provisions of this Code, by the appropriate Government; (c) provisions for special inspections based on such parameters as may be notified, for the purposes of Chapter III and Chapter IV and the other provisions of this Code relating to those Chapters, by the Central Government, and in respect of other provisions of this Code, by the appropriate Government; and (d) the characteristics of employment relationships, the nature of work and characteristics of the workplaces based on such parameters as may be notified, for the purposes of Chapter III and Chapter IV and the other provisions of this Code relating to those Chapters, by the Central Government, and in respect of other provisions of this Code, by the appropriate Government. (5) The Inspector-cum-Facilitator may— (a) advice the employers and employees relating to compliance with the provisions of this Code; and (b) inspect the establishments as assigned to him under the provisions of this Code, subject to the instructions or guidelines issued by the appropriate Government from time to time. (6) Subject to the provisions of sub-section (4), the Inspector-cum-Facilitator may,— (a) examine any person who is found in any premises of the establishment, whom the Inspector-cum Facilitator has reasonable cause to believe, is an employee of the establishment; (b) require any person whom the Inspector-cum-Facilitator has reasonable cause to believe, is an employer of the establishment, to produce any document or to give any information, which is in his power with respect to any of the purposes for which the inspection is made; (c) search, seize or take copies of such register, record of wages or notices or portions thereof as the Inspector-cum-Facilitator may consider relevant in respect of an offence under this Code and which the Inspector-cum-Facilitator has reason to believe has been committed by the employer; (d) bring to the notice of the appropriate Government defects or abuses not covered by any law for the time being in force; and (e) exercise such other powers as may be prescribed by the appropriate Government. (7) Any person required to produce any document or to give any information required by an Inspector cum-Facilitator for the purposes of sub-section (6) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860). (8) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to the search or seizure for the purposes of sub-section (6), as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said Code. 71 ----- **123. Maintenance of records, registers, returns, etc. .—** An employer of an establishment shall— (a) maintain records and registers in the form prescribed by the appropriate Government, electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as may be prescribed by the appropriate Government including— (i) number of days for which work performed by employees; (ii) number of hours of work performed by the employees; (iii) wage paid; (iv) leave, leave wages, wages for overtime work and attendance; (v) employees identification number, by whatever nomenclature it may be called; (vi) number of dangerous occurrences, accidents, injuries in respect of which compensation has been paid by the employer and the amount of such compensation relating to Chapter IV and Chapter VII, respectively; (vii) statutory deductions made by employer from the wages of an employee in respect of Chapter III and Chapter IV; (viii) details as to cess paid in respect of building and other construction work; (ix) total number of employees (regular, contractual or fixed term employment) on the day specified; (x) persons recruited during a particular period; (xi) occupational details of the employees; and (xii) vacancies for which suitable candidates were not available during the specified period. (b) display notices at the workplaces of the employees in such manner and form as may be prescribed by the appropriate Government; (c) issue wage slips to the employees, in electronic forms or otherwise; and (d) file such return electronically or otherwise to such officer or authority in such manner and during such periods as may be prescribed by the appropriate Government: Provided that matters to be provided under the rules required to be made under this section relating to Chapter III shall, instead of providing them in rules to be made by the Central Government, be provided in the Provident Fund Scheme or the Pension Scheme or the Insurance Scheme, as the case may be: Provided further that the forms of records and registers and that of the returns to be filed under Chapter IV shall be specified in the regulations instead of providing them in the rules. **124. Employer not to reduce wages, etc.—** No employer in relation to an establishment to which this Code or any scheme framed thereunder applies shall, by reason only of his liability for the payment of any contribution under this Code, or any charges thereunder reduce whether directly or indirectly, the wages of any employee to whom the provisions of this Code or any scheme framed thereunder applies or the total quantum of benefits to which such employee is entitled under the terms of his employment, express or implied. **125. Assessment and determination of dues from employer.—(1) The Central Government may, by** notification, authorise, such officers of the Central Board or the Corporation, as the case may be, not below the rank of Group 'A' officer of that Government, to function as the Authorised Officers for the purposes of Chapter III or Chapter IV, as the case may be, who may, by order— (a) in a case where a dispute arises regarding the applicability of Chapter III or Chapter IV, as the case may be, to an establishment, decide such dispute; and 72 ----- (b) determine the amount due from any employer under any provision of Chapter III or Chapter IV, as the case may be, or the schemes, or rules, regulations made under such Chapter; and (c) for any of the purposes relating to clause (a) and clause (b), conduct such inquiry, as he may deem necessary for such purposes: Provided that no proceeding under this sub-section shall be initiated after the expiry of the period of five years from the date on which the dispute referred to in clause (a) is alleged to have been arisen or, as the case may be, the amount referred to in clause (b) is alleged to have been due from an employer. (2) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), the inquiry under sub-section (1), as far as practicable, shall be held on day-to-day basis and endeavour shall be made to ensure that the inquiry is concluded within a period of two years: Provided that where the inquiry is not concluded within the said period of two years, the Authorised Officer conducting such inquiry shall record the circumstances and reasons for not having concluded so and submit the circumstances and reasons so recorded to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or such other officer authorised by him in this behalf: Provided further that the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, after considering the circumstances and the reasons which have been submitted by the Authorised Officer may grant an extension for a period up to one year to conclude the said inquiry: Provided also that the inquiries which are pending immediately before the date of commencement of this Code shall be concluded by the Authorised Officer within a period not exceeding two years from the date of such commencement. (3) The Authorised Officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), for trying a suit in respect of the following matters, namely:— (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; and (d) issuing commissions for the examination of witnesses, and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code (45 of 1860). (4) No order shall be made under sub-section (1), unless the employer concerned is given a reasonable opportunity of representing his case. (5) Where the employer, employee or any other person required to attend the inquiry under sub-section (1) fails to attend such inquiry without assigning any valid reason or fails to produce any document or to file any report or return when called upon to do so by the Authorised Officer conducting the inquiry, such inquiry officer may decide the applicability of the relevant provisions of this Code or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record. (6) Where an order under sub-section (1) is passed against an employer ex parte, he may, within three months from the date of communication of such order, apply to the Authorised Officer for setting aside such order and if the Authorised Officer is satisfied that the show cause notice was not duly served or that such employer was prevented by any sufficient cause from appearing when the inquiry was held, the Authorised Officer shall make an order setting aside his earlier order and shall appoint a date for proceeding with the inquiry: 73 ----- Provided that no such order shall be set aside merely on the ground that there has been an irregularity in the service of the show cause notice if the Authorised Officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the Authorised Officer. _Explanation.—Where an appeal has been preferred under this Code against an order passed ex parte_ and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this sub-section for setting aside the ex parte order. (7) No order passed under this section shall be set aside on any application under sub-section (6) unless notice thereof has been served on the opposite party. **126. Appeal against order of Authorised Officer relating to Chapter IV. .—If an employer is not** satisfied with the order referred to in section 125 and relates to Chapter IV, he may prefer an appeal to the appellate authority not below the rank of the Joint Director of the Corporation as may be provided by regulations, within sixty days from the date of such order after depositing twenty-five per cent. of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the Corporation: Provided that the appellate authority shall decide the appeal within a period of six months from the date of preferring the appeal: Provided further that if the employer finally succeeds in the appeal, the Corporation shall refund such deposit to the employer together with such interest as may be specified in the regulations. **127. Interest on amount due.—** Except where expressly provided otherwise in this Code, the employer shall be liable to pay simple interest at such rate as may be notified from time to time by the Central Government, from the date on which any amount has become due under this Code till the date of its actual payment. **128. Power to recover damages.—Where an employer makes default in the payment of any** contribution which he is liable to pay in accordance with the provisions of Chapter III or Chapter IV, as the case may be, or any scheme framed thereunder or in the transfer of accumulations under Chapter III, or in the payment of any charges payable under any other provision of this Code, the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate Government, may levy on, and recover from, the employer by way of damages, an amount not exceeding the amount of arrears, in such manner as may be specified in the regulations for the purposes of Chapter IV and in respect of Provident Fund Scheme, Pension Scheme and Insurance Scheme, such levy and recovery shall be in the manner as may be specified in the respective schemes framed by the Central Government: Provided that before levying and recovering such damages, the employer shall be given an opportunity of being heard: Provided further that the Central Board or the Corporation, as the case may be, may reduce or waive the damages levied under this section in relation to an establishment for which a resolution plan or repayment plan recommending such waiver has been approved by the adjudicating authority established under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) subject to the terms and conditions as may be specified by notification, by the Central Government. **129. Recovery of amount due.—** (1) Any amount due from an employer or any other person in relation to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount may, if the amount is in arrear, be recovered in the manner specified in this section and sections 130 to 132. (2) Where any amount is in arrear under this Code, the Authorised Officer, or the competent authority, as the case may be, shall issue to the Recovery Officer referred to in sub-section (4), a certificate electronically or otherwise, specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes mentioned below, namely:— 74 ----- (a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, of the employer; (b) arrest of the employer and his detention in prison; (c) appointing a receiver for the management of the movable or immovable properties of the defaulter: Provided that the attachment and sale of any property under this section shall first be effected against the properties of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount or arrears specified in the certificate, the Recovery Officer may move such proceeding against the property of the employer for recovery of the whole or any part of such arrears. (3) The Authorised Officer or the competent authority, as the case may be, may issue a certificate under sub-section (2), notwithstanding that proceeding for recovery of the arrears by any other mode has been taken. (4) The Authorised Officer or the competent authority, as the case may be, may forward the certificate issued under this section, to the Recovery Officer within whose jurisdiction the employer— (a) carries on his business or profession or within whose jurisdiction the principal place of his establishment is situate; or (b) resides or any movable or immovable property of, the establishment or, the employer is situated. (5) Where an establishment or the employer has property within the jurisdiction of more than one Recovery Officer and the Recovery Officer to whom a certificate is sent by the Authorised Officer or the competent authority, as the case may be— (a) is not able to recover the entire amount by the sale of the property, movable or immovable, within his jurisdiction, or (b) is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do, he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified by him, specifying the amount to be recovered, to the Recovery Officer within whose jurisdiction the establishment or the employer has property or the employer resides, and thereupon that Recovery Officer shall proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the Authorised Officer or the competent authority, as the case may be. **130.Validity of certificate and amendment thereof.—(1) When the Authorised Officer or the** competent authority, as the case may be, issues a certificate to a Recovery Officer under section 129, it shall not be open to the employer to dispute before the Recovery Officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the Recovery Officer. (2) Notwithstanding the issue of a certificate to a Recovery Officer, the Authorised Officer or the competent authority, as the case may be, shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending intimation to the Recovery Officer. (3) The Authorised Officer or the competent authority, as the case may be, shall intimate to the Recovery Officer any orders of withdrawing or cancelling a certificate or any correction made by him in respect of the said certificate under sub-section (2). (4) Notwithstanding that a certificate has been issued to the Recovery Officer for the recovery of any amount, the Authorised Officer or the competent authority, as the case may be, may grant time to the employer for payment of the amount recoverable under the certificate and thereupon the Recovery Officer shall stay the proceedings until the expiry of the time so granted. (5) Where a certificate for the recovery of amount has been issued, the Authorised Officer or the competent authority, as the case may be, shall keep the Recovery Officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate. 75 ----- (6) Where the order giving rise to a demand of amount for which a certificate for recovery has been issued under section 129 has been modified in appeal or other proceeding under this Code, resulting in reduction of the demand but the order is the subject matter of further proceeding under this Code, the Authorised Officer or the competent authority, as the case may be, shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending. (7) Where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this Code, the Authorised Officer or the competent authority, as the case may be, shall, when the order being the subject matter of such appeal or other proceeding becomes final and conclusive, amend the certificate or withdraw it, as the case may be in consonance with such finality or conclusion. **131. other modes of recovery.—** (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 129, the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation so authorised by it in this behalf, may, recover the amount by any one or more of the modes provided in this section. (2) If any amount is due from any person to any employer who is in arrears, the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, may, require such person to deduct from the said amount the arrears so due, and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation so authorised by it in this behalf: Provided that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908). (3) (a) The Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the employer or, as the case may be, the establishment or any person who holds or may subsequently hold money for or on account of the employer or, as the case may be, the establishment, to pay to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer authorised by it in this behalf either forthwith upon the money becoming due or being held at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the employer in respect of arrears or the whole of the money when it is equal to or less than that amount. (b) A notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or on account of the employer jointly with any other person and for the purposes of this subsection, the shares of the joint holders in such account shall be presumed, until the contrary is proved, to be equal. (c) A copy of the notice shall be forwarded to the employer at his last address known to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf and in the case of a joint account to all the joint holders at their last addresses so known. (d) Save as otherwise provided in this sub-section, every person to whom a notice is issued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary. (e) Any claim respecting any property in relation to which a notice under this sub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice. 76 ----- (f) Where a person to whom a notice under this sub-section is sent objects to it by statement on oath that the sum demanded or any part thereof is not due to the employer or that he does not hold any money for or on account of the employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, to the extent of his own liability to the employer on the date of the notice, or to the extent of the employer's liability for any sum due under this Code, whichever is less. (g) The Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice. (h) The Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section, and the person so paying shall be fully discharged from his liability to the employer to the extent of the amount so paid. (i) Any person discharging any liability to the employer after the receipt of a notice under this sub-section shall be personally liable to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, to the extent of his own liability to the employer so discharged or to the extent of the employer's liability for any sum due under this Code, whichever is less. (j) If the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, he shall be deemed to be an employer in default in respect of the amount specified in the notice and further proceeding may be moved against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in sections 129 to 132 and the notice shall have the same effect as an attachment of amount in arrears by the Recovery Officer in exercise of his powers under section 129. (4) The Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf may apply to the court in whose custody there is money belonging to the employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due. (5) The Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, if so authorised by the Central Government by general or special order, recover any arrears of amount due from an employer or, as the case may be, from the establishment by distraint and sale of his or its movable property in the manner laid down in the Third Schedule to the Income-tax Act, 1961 (43 of 1961). **132. Application of certain provisions of Income-tax Act.—The provisions of the Second Schedule** and the Third Schedule to the Incometax Act, 1961 and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the amount in arrears of the amount mentioned in section 129 of this Code instead of to the income-tax: Provided that any reference in the said provisions and the rules to the “assessees” shall be construed as a reference to an employer or establishment, as the case may be. CHAPTER XII OFFENCES AND PENALTIES **133. Penalty for failure to pay contributions, etc.—** If any person,— 77 ----- (a) being an employer, fails to pay any contribution which he is liable to pay under this Code or rules, regulations or schemes made thereunder; or (b) deducts or attempts to deduct from the wages of an employee, the whole or any part of employer's contribution; or (c) in contravention of the provisions of this Code, reduces the wages or any privilege or benefits admissible to an employee; or (d) in contravention of the provisions of Chapter IV or Chapter VI or rules, regulations or schemes made or framed under this Code respectively, relating to such Chapters, dismisses, discharges, reduces in rank or otherwise penalises a woman employee; or (e) fails or refuses to submit any return, report, statement or any other information required under this Code or any rules, regulations or schemes made or framed thereunder; or (f) obstructs any Inspector-cum-Facilitator or other officer or staff of the Central Board or the Corporation or other Social Security Organisation or a competent authority in the discharge of his duties; or (g) fails to pay any amount of gratuity to which an employee is entitled under this Code; or (h) fails to pay any amount of compensation to which an employee is entitled under this Code; or (i) fails to provide any maternity benefit to which a woman is entitled under this Code; or (j) fails to send to a competent authority a statement which he is required to send under Chapter VII; or (k) fails to produce on demand by the Inspector-cum-Facilitator any register or document in his custody kept in pursuance of this Code or the rules, regulations or schemes made or framed thereunder; or (l) fails to pay the cess for building workers which he is liable to pay under this Code; or (m) is guilty of any contravention of or non-compliance with any of the requirements of this Code or the rules or the regulations or schemes made or framed thereunder in respect of which no special penalty is provided in this Chapter; or (n) obstructs executive officer in exercising his functions under Chapter XIII; or (o) dishonestly makes a false return, report, statement or information to be submitted thereunder; or (p) fails or makes default in complying with any condition subject to which exemption under section 143 was granted; or (q) fails to pay any administrative or inspection charges payable under any of the schemes framed under Chapter III, he shall be punishable,— (i) where he commits an offence under clause (a), with imprisonment for a term which may extend to three years, but— (a) which shall not be less than one year, in case of failure to pay the employee's contribution which has been deducted by him from the employee's wages and shall also be liable to fine of one lakh rupees; (b) which shall not be less than two months but may be extended to six months, in any other case and shall also be liable to fine of fifty thousand rupees: Provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term; (ii) where he commits an offence under clause (g), with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both; 78 ----- (iii) where he commits an offence under any of the clauses (d), (f), (i), (k), (l) or (o), with imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both; (iv) where he commits an offence under any of the clauses (b), (c), (e), (h), (j), (m), (n), (p) or (q), with fine which may extend to fifty thousand rupees. **134. Enhanced punishment in certain cases after previous conviction.—Whoever, having been** convicted by a court of an offence punishable under this Code, commits the same offence shall, for second, or every subsequent such offence, be punishable with imprisonment for a term which may extend to two years and with fine of two lakh rupees: Provided that where such second or subsequent offence is for failure by the employer to pay any contribution, charges, cess, maternity benefit, gratuity or compensation which under this Code he is liable to pay, he shall, for such second or subsequent offence, be punishable with imprisonment for a term which may extend to three years but which shall not be less than two years and shall also be liable to fine of three lakh rupees. **135. Offences by companies.—** (1) Where an offence under this Chapter has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, secretary or other officer of the company, such director, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate, and includes a firm or other association of individuals; and (b) “Director”, in relation to a firm, means a partner in the firm. **136. Cognizance of offences.—** (1) No court shall take cognizance of an offence punishable under this Code, except on a complaint made by an aggrieved person or such officer as may be notified by the Central Government for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters, and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed thereunder, by the officer notified by the appropriate Government. (2) Notwithstanding anything contained in sub-section (1), no prosecution under this Code shall be instituted, except by or with the previous sanction of the authority notified by the Central Government for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters; and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed thereunder, the authority notified by the appropriate Government. (3) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Chapter. (4) Notwithstanding anything contained in sub-section (1), a single complaint may be filed under that sub-section by more than one aggrieved persons if they are aggrieved by the same or similar offence committed at a place or different places within the jurisdiction of the court. 79 ----- **137.Prior opportunity before prosecution.—Notwithstanding anything contained in this Chapter, the** Inspector-cum-Facilitator or any other officer notified for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters, by the Central Government; and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed under this Code relating thereto, by the appropriate Government, shall, before initiation of prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to the employer to comply with the aforesaid relevant provisions by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, then, no such proceeding shall be initiated against the employer; but no such opportunity shall be accorded to an employer, if the violation of the same nature of such provisions is repeated within a period of three years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with the provisions of this Chapter. **138. Compounding of offences.—** (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence committed for the first time, punishable under this Chapter, being an offence— (i) punishable with fine only; or (ii) punishable with imprisonment for a term which is not more than one year and also with fine, may, on an application made, either before or after the institution of any prosecution, be compounded by an officer authorised by the Central Government for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters, by the Central Government; and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed under this Code relating thereto, by the appropriate Government, in such manner as may be prescribed by the Central Government on payment by the offender to the appropriate Government the amount— (i) in the case of an offence punishable with fine only, the half of the maximum fine provided for that offence; and (ii) in the case of an offence punishable with imprisonment for a term which is not more than one year and also with fine, the three-fourth of the maximum fine provided for that offence. (2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of three years from the date— (i) of commission of a similar offence which was earlier compounded; or (ii) of commission of similar offence for which such person was earlier convicted. (3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Central Government for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters; and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed under this Code relating thereto, by the appropriate Government. (4) Every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed by the appropriate Government. (5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. (6) Where the compounding of any offence is made after the institution of any prosecution, such compounding shall be brought to the notice of the court in which the prosecution is pending in writing by the officer referred to in sub-section (1), and on such notice of the compounding of the offence being given to the court, the person against whom the offence is so compounded shall be discharged. 80 ----- (7) Any person who fails to comply with the order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to such fine. CHAPTER XIII EMPLOYMENT INFORMATION AND MONITORING **139.Reporting of vacancies to career centres.—(1) The appropriate Government may, by** notification, require that from such date as may be specified in the notification, the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment or such class or category of establishments, as the case may be, shall report or cause to be reported, that vacancy to such career centre as may be specified in the notification, and the employer shall thereupon comply with such requisition. (2) For the purposes of sub-section (1), the appropriate Government may prescribe the following, namely:— (i) the manner in which the vacancies, referred to in sub-section (1), shall be reported to the career centres electronically or otherwise; (ii) the form in which such vacancies shall be reported to the career centres; and (iii) the manner and form of filing the return by the employer, to the concerned career centre. (3) Nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the career centre to fill any vacancy merely because such vacancy has been reported. (4) The executive officer shall have access to any record or document in the possession of any employer required to furnish any information or returns for the purposes of this Chapter and may enter, at any reasonable time, any premises where he believes such record or document to be and inspect or take copies of such records or documents or ask any question necessary for obtaining any information required. **140. Exclusions from application of this Chapter.— (1) The provisions of section 139 shall not apply** in relation to vacancies,— (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or (b) in any employment in domestic service; or (c) in any employment connected with the staff of Parliament or any State Legislature; or (d) in any employment the total duration of which is less than ninety days; or (e) in any class or category of establishments as may be notified by the Central Government; or (f) in any establishment (other than Government establishment) with less than twenty or such number of employees as may be notified by the Central Government; and (g) in any other employment as may be notified by the Central Government. (2) Unless the Central Government, by notification direct, the provisions of this Chapter shall not apply in relation to— (a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or through independent recruitment agencies such as Union Public Service Commission, Staff Selection Commission or a State Public Service Commission or any other agencies as may be notified by the Central Government; or (b) vacancies in an employment which carries a monthly remuneration of less than an amount notified by the appropriate Government. 81 ----- CHAPTER XIV MISCELLANEOUS **141. Social Security Fund.—(1) There shall be established by the Central Government a Social** Security Fund for social security and welfare of the unorganised workers, gig workers and platform workers and the sources of the fund shall comprise of funding received— (i) under sub-section (3) of section 109; (ii) under sub-section (3) of section 114; (iii) from the composition of the offences under this Code relating to Central Government and from any other Social Security Fund established under any other central labour law. (2) A separate account shall be established and maintained for the funding mentioned under each of the clauses (i), (ii) and (iii). (3) Social Security Fund referred to in sub-section (1) shall be expended for the purposes for which each separate account has been established and maintained under sub-section (2). (4) The Social Security Fund shall be established and administered in the manner prescribed by the Central Government. (5) There shall be established by the State Government a Social Security Fund for the welfare of the unorganised workers in which there shall be credited the amount received from— (i) the composition of offences under this Code relating to the State Government; and (ii) such other sources as may be prescribed by the State Government, and the fund shall be administered and expended for the welfare of the unorganised workers in such manner as may be prescribed by the State Government. **142. Application of Aadhaar.— (1) An employee or unorganised worker or any other person, as the** case may be, for— (a) registration as member or beneficiary; or (b) seeking benefit whether in kind, cash or medical sickness benefit or pension, gratuity or maternity benefit or any other benefit or for withdrawal of fund; or (c) availing services of career centre; or (d) receiving any payment or medical attendance as Insured Person himself or for his dependants, under this Code or rules, regulations or schemes made or framed thereunder, shall establish his identity or, as the case may be, the identity of his family members or dependants through Aadhaar number and for such purpose the expression “Aadhaar” shall have the meaning as defined in clause (a) of section 2 of the Aadhaar (The Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016): Provided that any foreigner employee shall obtain and submit Aadhaar number for establishing his identity, as soon as possible, on becoming resident within the meaning of clause (v) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016). (2) For the purposes of sub-section (1), the Aadhaar number issued to an individual shall be in accordance with the provisions of section 3 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016). **143. Power to exempt establishment.—(1)Notwithstanding anything contained in this Code, the** appropriate Government may, by notification, and subject to the conditions which may include the eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption, as may be prescribed by the Central Government in this behalf, grant exemption to an 82 ----- establishment or class of establishments (including factory or other establishments under the control of Central Government or State Government or local bodies) or employees or class of employees, from any or all of the provisions of this Code or the scheme framed thereunder as may be specified in the notification and may renew for further period such exemption by like notification: Provided that no such exemption,— (i) in respect of Provident Fund Scheme, Pension Scheme and Insurance Scheme, without prior consultation with the Central Board; and (ii) in respect of Chapter IV, without prior consultation with the Corporation, shall be granted or renewed and the Central Board or the Corporation, as the case may be, shall on such consultation forward its view to the appropriate Government within such time as may be prescribed by that Government. (2) The appropriate Government may, in the notification referred to in sub-section (1), specify therein conditions as may be prescribed by that Government, which the exempted establishment or the class of establishments or an employee or class of employees, as the case may be, shall comply with after such exemption: Provided that for the purpose of grant of exemption in respect of Provident Fund Scheme, Pension Scheme and Insurance Scheme, the terms and conditions of exemption shall be specified in such respective schemes. (3) The exemption granted under sub-section (1) to an establishment or class of establishments or an employee or class of employees, as the case may be, shall be initially for a period of three years from the date of publication of such notification and may be extended by the appropriate Government to the extent of such period as may be prescribed by the Central Government: Provided that for the purpose of grant of exemption in respect of Provident Fund Scheme, Pension Scheme and Insurance Scheme, exemption may be extended for such period as may be specified in such respective schemes. (4) The exemption granted under sub-section (1) shall only be granted if the employees in the establishment or class of establishments or an employee or the class of employees so exempted are otherwise in receipt of benefits substantially similar or superior to the benefits provided in the provisions of the Code or the scheme framed thereunder. (5) For the purposes of administering the fund, managing the investments, maintaining accounts of the contributions, withdrawals, credit of interest in respect of each employee of the fund created, and any other matter specified in the scheme for any exempted establishment or class of establishments, or employees or class of employees, a board of trustees shall be constituted by the employer which will be a legal entity which can sue and can be sued and the conditions for management of the trust shall be prescribed by the appropriate Government as part of the conditions for exemption: Provided that conditions for administering the fund, managing the investments, maintaining accounts of the contributions, withdrawals, credit of interest in respect of each employee of the fund created, in respect of exemption from Provident Fund Scheme, Pension Scheme and Insurance Scheme shall be specified in such respective schemes. (6) Where an exemption is granted under this section from operation of any or all the provisions of the Code or any of the scheme under Chapter III, to any establishment, class of establishments, employee or class of employees, the employer in relation to such establishment shall furnish such returns electronically in respect of persons employed, accounts maintained in respect of employees, investments made from the fund, provide facilities for inspection and pay such inspection charges as the Central Government may direct. (7) If employer in relation to any establishment or class of establishments or employee or class of employees in respect of whom the exemption has been granted under sub-section (1), fails to comply with any of the conditions specified under this section, then, the appropriate Government may on such failure, cancel the exemption so granted. 83 ----- (8) Where any exemption granted under sub-section (1) is cancelled, the entire amount of surplus and reserves, if any, and accumulations to the credit of every employee, to whom such exemption applied, in the exempted fund of the establishment in which he is employed, shall be transferred to the respective statutory fund created under this Code within such time and manner as specified in the conditions for grant of exemption: Provided that in respect of any cancellation of exemption from the Provident Fund Scheme, Pension Scheme and Insurance Scheme, the time limit, form and manner of transfer of accumulations of exempted employees from the exempted funds to such respective funds shall be specified in such respective schemes. (9) Notwithstanding anything contained in this section, the employer of an establishment exempted under sub-section (1), after the resolution of the board of trustees of the establishment to that effect may make an application to the appropriate Government for surrender of the exemption granted under that subsection from the date specified in the application and the appropriate Government may on receipt of that application, allow the employer to remit the contribution in the statutory funds under this Code from the date specified in the application and process the application for cancellation of exemption and on such cancellation, the employer and the board of trustees shall transfer accumulation of each employee and surplus and reserves from the fund referred to in sub-section (5), to the concerned statutory funds under this Code within such time and in such manner as may be notified by the appropriate Government: Provided that in respect of any surrender of exemption from the Provident Fund Scheme, the Pension Scheme and the Insurance Scheme, the time limit, form and manner of transfer of accumulation of exempted employees and surplus and reserves from the fund referred to in sub-section (5), to the concerned statutory funds under this Code shall be such as may be specified in the concerned schemes framed under Chapter III. **144.Power to defer or reduce.—** Notwithstanding anything contained in Chapter III or Chapter IV, the Central Government may by order, defer or reduce employer's contribution, or employee's contribution, or both, payable under Chapter III or Chapter IV, as the case may be, for a period up to three months at a time, in respect of establishment to which Chapter III or Chapter IV, as the case may be, applies, for whole of India or part thereof in the event of pandemic, endemic or national disaster. **145. Liability in case of transfer of establishment.—** Where an employer transfers his establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under this Code in respect of the periods up to the date of such transfer: Provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer. **146. Members officers and staff to be public servants.—** Every member of a Social Security Organisation and the officers and staff thereof, any Inspector-cum-Facilitator, competent authority, Authorised Officer, Recovery Officer and any other person discharging any function under this Code, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 84 ----- **147. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against— (i) the Central Government; (ii) a State Government; (iii) a Social Security Organisation; (iv) a competent authority; (v) any officer or staff of a Social Security Organisation; or (vi) any other person or authority, discharging the functions or exercising the powers under this Code, for anything which is in good faith done or intended to be done in pursuance of this Code or of any rules, regulations or schemes made or framed thereunder. **148. Misuse of benefits.—If the appropriate Government is satisfied in the manner prescribed by it** that any establishment or any other person has misused any benefit provided to him under this Code or rules, regulations or schemes made or framed thereunder, then, such Government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification: Provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be: Provided further that the manner to ascertain misuse of any benefit under this section relating to Chapter III, shall be specified in the Provident Fund Scheme or the Pension Scheme or the Insurance Scheme, as the case may be. **149. Power of Central Government to give directions to State Government and Social Security** **Organisations.—The Central Government may give directions to—** (i) any State Government or a State Board constituted under section 12 to execute in that State, of any of the provisions of this Code; or (ii) any of the Social Security Organisations in respect of the matters relating to the implementation of the provisions of this Code. **150. Power to frame schemes.—** The appropriate Government may, subject to the condition of previous publication, frame schemes not inconsistent with this Code, for the purposes of giving effect to the provisions thereof. **151. Protection against attachment etc.— (1) Notwithstanding anything contained in any other law** for the time being in force, the amount standing to be credited in favour of the employee under Chapters III, IV, V, VI or VII of any member of any fund under this Code, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by such employee or member or the exempted employee, as the case may be. (2) Any amount standing to the credit of a member in the fund or of an exempted employee in a provident fund maintained by his employer at the time of the death of such member or the exempted employee, as the case may be, and payable to his nominee or in case of failure of nomination, to his family under the scheme or the rules of the fund shall, subject to any deduction authorised by the said scheme or rules, as the case may be, vest in the nominee or such family and shall be free from any debt or other liability incurred by the deceased or the nominee before his death and shall also not be liable to attachment under any decree or order of any court. (3) Notwithstanding anything contained in any other law for the time being in force, any amount due under the Chapters referred to in sub-section (1) shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016 (31 of 2016). 85 ----- **152. Power to amend Schedule.—(1) If the Central Government is satisfied that it is necessary or** expedient so to do, it may, by notification amend the First Schedule, Fourth Schedule, Fifth Schedule, Sixth Schedule and Seventh Schedule by way of addition or deletion therein and upon such addition or deletion, the Schedules shall stand to have been amended accordingly. (2) If the appropriate Government is satisfied that it is necessary or expedient so to do, it may, by notification amend the Second Schedule and Third Schedule by way of addition therein and not otherwise, and upon such addition, the Schedules shall stand to have been amended accordingly. **153. Transitional provisions.—** Notwithstanding anything contained in this Code, the following organisations constituted or established under the enactments repealed under section 164, namely:— (i) the Central Board constituted under section 5A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952); (ii) Executive Committee constituted under section 5AA of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952); (iii) the Corporation established under section 3 of the Employees' State Insurance Act, 1948 (34 of 1948); (iv) the Medical Benefit Council constituted under section 10 of the Employees' State Insurance Act, 1948 (34 of 1948); (v) the Standing Committee of the Corporation constituted under section 8 of the Employees' State Insurance Act, 1948 (34 of 1948); and (vi) the Board constituted under sub-section (1) of section 18 of the Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996, shall, after the commencement of this Code, continue to exercise the powers and discharge the functions of the corresponding organisations under this Code, respectively, the Central Board of Trustees for Employees Provident Fund constituted under section 4, the Executive Committee constituted under sub-section (3) of section 4, the Employees State Insurance Corporation, constituted under section 5, the Medical Benefit Committee constituted under sub-section (5) of section 5, the Standing Committee constituted under sub-section (3) of section 5, Building Workers' Welfare Board constituted under sub-section (1) of section 7, as if such organisations constituted or, as the case may be, established under such repealed enactments, had been constituted under the respective provisions of this Code, till such corresponding organisations are constituted under this Code or till their respective time period under the repealed enactments expire, whichever is earlier. **154. Power of appropriate Government to make rules.—(1) The appropriate Government may, by** notification, and subject to the condition of previous publication, make rules not inconsistent with this Code for the purpose of giving effect to the provisions thereof. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the amount in connection with premium for Group Insurance Scheme of the beneficiaries under clause (c), the educational schemes for the benefit of children of the beneficiaries under clause (d) and the medical expenses for treatment of major ailments of a beneficiary or, such dependant under clause (e) of sub-section (6) of section 7; (b) manner and time within which second appeal may be filed to the Employees' Insurance Court by the Insured Person or the Corporation under clause (b) of sub-section (7) of section 37; (c) the manner of commencement of proceedings before the Employees' Insurance Court, fees and procedure thereof under sub-section (1) of section 51; (d) bank or other financial institution in which the gratuity shall be invested for the benefit of minor under the third proviso to sub-section (1) of section 53; 86 ----- (e) the time, form and manner of nomination by an employee under sub-section (1), the time to make fresh nomination under sub-section (4), the form and manner of modification of a nomination under sub-section (5) and the form for fresh nomination under sub-section (6) of section 55; (f) time within which and the form in which a written application shall be made under sub-section (1) and the form of application to the competent authority under clause (b) of sub-section (5) of section 56; (g) the manner of registration of an establishment by the employer under sub-section (3) and the manner of composition of the Board of Trustees of the approved gratuity fund and the manner in which the competent authority may recover the amount of the gratuity payable to an employee from the insurer under sub-section (4) of section 57; (h) the qualifications and experience of the officer appointed as the competent authority under sub section (1) of section 58; (i) authority to whom an appeal may be preferred under sub-section (3) of section 72; (j) class of employers and the form of notice-book under sub-section (4) of section 82; (k) the manner of recording the memorandum in a register by the competent authority under sub-section (1) of section 89; (l) such other experience and qualifications for appointment as a competent authority under sub-section (1) of section 91; (m) time limit to pay the amount of cess under section 101; (n) fees for appeal under sub-section (2) of section 105; (o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-section (1), conditions to invest moneys, re-invest or realise investments under sub-section (2) terms to raise loans and take measures for discharging such loans under sub-section (3) and terms to constitute for the benefit of officers and staff or any class of them, provident or other benefit funds under sub-section (4) of section 120; (p) conditions and manner of writing off irrecoverable dues under section 121; (q) other powers of Inspector-cum-Facilitator under clause (e) of sub-section (6) of section 122; (r) form and manner for maintenance of records and registers and other particulars and details under clause (a), manner and form for display of notices at the work places of the employees under clause (b) and the manner and period of filing returns to the officers or authority under clause (d) of section 123; (s) the form and manner of application for compounding of an offence under sub-section (4) of section 138; (t) the manner and form for reporting vacancies and form for filing the return by the employer, to the concerned career centre under sub-section (2) of section 139; (u) the time within which the Central Board or the Corporation, as the case may be, shall forward its view to the appropriate Government under sub-section (1), conditions which the exempted establishment or the class of establishments or an employee or class of employees, as the case may be, shall comply with after such exemption under sub-section (2) and conditions for management of the trust under sub-section (5) of section 143; (v) manner of determining the misuse of any benefit by an establishment or by any other person under section 148; and (w) any other matter which is required to be, or may be, prescribed by the appropriate Government under the provisions of this Code. **155. Power of Central Government to make rules.—(1) The Central Government may, by** notification, and subject to the condition of previous publication, make rules not inconsistent with this Code, for the purpose of giving effect to the provisions thereof. 87 ----- (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner, and the conditions subject to which, the provisions of Chapter III shall be made inapplicable to an establishment by the Central Provident Fund Commissioner, under sub-section (5) and the manner, and the conditions subject to which the provisions of that Chapter IV shall be made inapplicable to an establishment by the Director General of the Corporation under sub-section (7) of section 1; (b) manner of establishment and maintenance of career centre and the career services under clause (9), the income of dependant parents (including father-in-law and mother-in-law of a woman employee), under sub-clause (e) of clause (33) and other authority who shall be deemed to be the occupier under sub-clause (c) and the matters which are directly related to the condition of ship, for which the owner of ship shall be deemed to be the occupier under the proviso to the said sub-clause (c) of clause (52), of section 2; (c) the time and manner of registration of establishment, the manner of making application for cancellation of the registration, the conditions subject to which the registration shall be cancelled and the procedure of cancellation and other matters relating thereto in respect of an establishment to which Chapter III or Chapter IV applies, and whose business activities are in the process of closure, under section 3; (d) the manner of administration of the funds vested in the Central Board under sub-section (1), the manner to assist the Central Board in performance of its functions by Executive Committee under subsection (3), the terms and conditions, including tenure of office of members of the Central Board and Executive Committee under sub-section (6) and the other functions and the manner of performing such functions under sub-section (7), of section 4; (e) the manner of administration of the Corporation and the manner of representation of States under clause (d) of sub-section (1), the manner of constitution of Standing Committee under sub-section (3), the manner of administration of the affairs of the Corporation, exercise of powers and performance of functions by the Standing Committee under clause (a) of sub-section (4), the duties and powers of Medical Benefit Committee under clause (b) of sub-section (5) and the terms and conditions, including tenure of office, subject to which a member of the Corporation and Standing Committee shall discharge their respective duties under sub-section (7) of section 5; (f) the manner of exercising the powers and performance of the functions by the National Social Security Board under sub-section (1), the manner of nomination of members, their term of office and other conditions of service, procedure to be followed in the discharge of their functions and manner of filling vacancies under sub-section (4) and time, place and rules of procedure relating to the transaction of business under sub-section (6) of section 6; (g) other welfare measures and facilities under clause (j) of sub-section (6) of section 7; (h) the intervals at which Social Security Organisation or any Committee thereof shall meet and the procedure in regard to the transaction of business at meetings under sub-section (1), and the fee and allowances of members of such Social Security Organisation or Committee under sub-section (4) of section 9; (i) manner of reconstitution of the Corporation or the Central Board or the National Social Security Board or the State Unorganised Workers' Board or the Building Workers' Welfare Board or any of the Committees under sub-section (1) and the alternate arrangements for the purpose of administration of the relevant provisions of this Code under sub-section (2) of section 11; (j) the manner of maintenance of a provident fund account in relation to the establishment under sub section (1) of section 21; (k) the form, manner, time limits and fees for filing of appeal under sub-section (2) of section 23; 88 ----- (l) salary and allowances of the Director General or the Financial Commissioner under sub-section (3), their powers and duties under sub-section (4) and maximum monthly salary limit under the proviso to sub-section (7) of section 24; (m) the manner of investment of Employees' State Insurance Fund or any other money which is held by Corporation under sub-section (4) of section 25; (n) limits for defraying of expenditure under clause (k) of section 26; (o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-section (1), conditions to invest moneys by the Corporation under sub-section (2) and the terms to raise loans and taking measures for discharging such loans under sub-section (3) of section 27; (p) manner of insurance of employees under sub-section (1) of section 28; (q) the rate of contributions under sub-section (2) of section 29; (r) the type of administrative expenses and percentage of income which may be spent on expenses and the limits for such expenses under section 30; (s) the limit for the amount of payment under the proviso to clause (f) of sub-section (1), and the qualifications to claim benefits, conditions, rate and period thereof under sub-section (3) of section 32; (t) the limits within which the Corporation may incur expenditure from the Employees' State Insurance Fund under section 33; (u) the manner and time within which the Insured person or the Corporation may file appeal under clause (a) of sub-section (7) of section 37; (v) the rates, periods and conditions for payment of dependants' benefit under sub-section (1) and to other dependants under sub-section (2), of section 38; (w) the qualification of an Insured Person and his family to claim medical benefit and the conditions subject to which such benefit may be given and the scale and period thereof, under sub-section (3) of section 39, and the payment of contribution and other conditions under the third proviso thereof; (x) the structure, functions, powers and activities of the organisation for providing certain benefits to employees in case of sickness, maternity and employment injury, under sub-section (6) of section 40; (y) extended period for insurance, the manner of satisfaction and the manner of calculation of capitalised value of benefit payable to the employee under sub-section (1) of section 42; (z) terms and conditions subject to which the scheme may be operated under section 44; (za) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government under sub-section (1) and conditions to exempt and manner of establishing an approved gratuity fund under sub-section (2) and the time limit to get establishment registered by the employer under sub-section (3), of section 57; (zb) the form of notice under sub-section (1) and the proof of pregnancy and proof of delivery under sub-section (5) of section 62; (zc) the proof of miscarriage or medical termination of pregnancy under sub-section (1), the proof of tubectomy operation under sub-section (2) and the proof of illness under sub-section (3) of section 65; (zd) the duration of breaks under section 66; (ze) the number of employees and distance for crèche facility under sub-section (1) of section 67; (zf) gross misconduct under the second proviso to sub-section (1) of section 68; (zg) rate of interest to be paid by the employer under clause (a) of sub-section (3) of section 77; (zh) the manner of notice under sub-section (1) and the manner of transmitting money under sub-section (3), of section 92; 89 ----- (zi) the form, manner and fee for application for claim or settlement under sub-section (3) of section 93; (zj) the manner and time of collection of cess under sub-section (2), manner of deposit of the cess so collected under sub-section (3), and the uniform rate or rates of advance cess under sub-section (4) of section 100; (zk) the rate of interest in case of delayed payment of cess under section 101; (zl) the manner of self-assessment of cess under sub-section (1) of section 103; (zm) the authority to inquire and impose penalty under section 104; (zn) time limit to prefer appeal, appellate authority, form and manner of appeal under sub-section (1) of section 105; (zo) manner of registration as beneficiary under section 106; (zp) benefits of a beneficiary under sub-section (2) of section 107; (zq) eligible age for registration under clause (a) and form and manner of information under clause (b), of sub-section (1) and the form of application, documents for registration and manner of self registration under sub-section (2), of section 113; (zr) carrying out the matters specified in clause (i) of sub-section (7) of section 114; (zs) manner of compounding of offences under sub-section (1) of section 138; (zt) the manner of establishment and administration of the Social Security Fund under sub-section (4) of section 141; (zu) eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption under sub-section (1); and extension period of exemption under sub-section (3) of section 143; and (zv) any other matter which is required to be, or may be, prescribed by the Central Government under the provisions of this Code. **156. Power of State Government to make rules.—** (1) The State Government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this Code, for the purpose of giving effect to the provisions thereof. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of exercising the powers and performance of functions by State Unorganised Workers' Board under sub-section (9), the manner of nomination of members of the Board, their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the Board under sub-section (12), and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-section (14) of section 6; (b) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the Building Workers' Welfare Board and the manner of filling of casual vacancies of such members, under sub-section (4), the terms and conditions of appointment and the salary and allowances payable to the Secretary and the other officers and employees of the said Board under clause (c) of sub-section (5) of section 7; (c) procedure to be followed by the Employees' Insurance Court under sub-section (2) and the rules under sub-section (3) of section 50; (d) the amount to be deposited towards the expenditure of the funeral of the employee with the competent authority by the employer under sub-section (7) of section 76; 90 ----- (e) conditions when application for review is made without certificate of a medical practitioner under sub-section (1) of section 79; (f) the frequent interval for medical examination under the proviso to sub-section (1) of section 84; (g) the form of statement to be submitted by the employer under sub-section (1) of section 88; (h) the manner in which matters may be dealt with by or before a competent authority under sub-section (1) of section 92; (i) time-limit for disposal of application and costs incidental to the proceedings under sub-section (4) of section 93; (j) the manner of authentication of memorandum under section 97; (k) such other sources of funding and the manner of administering and expending of the fund under sub-section (5) of section 141; and (l) any other matter which is required to be, or may be, prescribed by the State Government under the provisions of this Code. **157.Power of Corporation to make regulations.—** (1) The Corporation may, by notification, and subject to the condition of previous publication, make regulations, not inconsistent with this Code and the rules and schemes made or framed thereunder, for the administration of the affairs of the Corporation and for carrying into effect the provisions of Chapter IV and the provisions of this Code relating to that Chapter. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the cases and matters to be submitted for the decision of the Corporation under clause (b) of sub section (4) and the composition of committees under sub-section (6) of section 5; (b) the areas in respect of which the Corporation may appoint Regional Boards and local committees and the manner in which such Boards and committees shall perform the functions and exercise the powers under sub-section (2) of section 12; (c) such other functions of the Director General and the Financial Commissioner under sub-section (4), the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees under clause (a) of sub-section (8) and minimum qualifying service for promotion to next higher grade under the second proviso to sub-section (9) of section 24; (d) the unit in respect of which all contribution shall be payable under sub-section (3), and the days on which the contributions shall fall due under sub-section (4) of section 29; (e) maintenance of register of employees by or through the contractor under sub-section (7), and any matter relating or incidental to the payment and collection of contribution under sub-section (9) of section 31; (f) qualifications and experience of other person to certify sickness under clause (a), authority to certify eligibility of a woman under clause (b), authority to certify eligibility for payment under clause (c) of sub-section (1), the conditions for extension of medical benefits under sub-section (2) and any matter relating or incidental to the accrual and payment of benefits under sub-section (4) of section 32; (g) continuous period in which the employee contracts occupational disease under sub-section (1) of section 36; (h) constitution of medical board under sub-section (1) and constitution of medical appeal tribunal under sub-section (5) of section 37; (i) the period and the nature of medical benefit which may be allowed to a person under the first proviso, conditions for voluntary retirement scheme under the second proviso, payment of contribution and other conditions for eligibility to receive medical benefits under the second proviso and the conditions for grant of medical benefits to the Insured Person during employment injury under the fourth proviso, to sub-section (3), the time for which students of medical education institutions shall 91 ----- serve the Corporation and the manner in which the bond shall be furnished under clause (b) of subsection (4) and manner of carrying out occupational and epidemiological surveys and studies for assessment of health and working conditions of Insured Persons under sub-section (6) of section 39; (j) other authority for providing permission to leave the area in which medical treatment provided under clause (c) of sub-section (3), form of nomination under sub-section (6) and the authority to determine benefits under sub-section (9) of section 41; (k) user charges to be paid by other beneficiaries for medical facilities under clause (c) of the _Explanation to section 44;_ (l) time within which the claims, recovery or contribution, from employer by the Corporation and recovery of contribution by the employer from the Contractor, shall be made under the second proviso to sub-section (1) of section 51; (m) the forms of records and registers and of returns to be filed under the second proviso to clause (d) of section 123; (n) the appellate authority not below the rank of the Joint Director of the Corporation before whom appeal shall be preferred and the interest to be refunded to the employer by the Corporation under section 126; (o) manner of levy and recovery of damages from the employer who makes default in the payment of any contribution which he is liable to pay under section 128; (p) the circumstances in which and the condition subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted; and (q) any matter in respect of which regulations are required or permitted to be made by this Code. **158. Prior publication of rules regulations, etc.—The power to make rules, regulations and schemes** under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:— (a) the date to be specified after a draft of such rules, regulations and schemes under consideration, shall not be less than forty-five days from the date on which the draft of the proposed rules, regulations and schemes is published for general information in the Official Gazette; (b) such rules, regulations and schemes shall finally be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Code: Provided that the Central Government may, in the circumstances of epidemic, pandemic or disaster, dispense with the condition of previous publication under this section. **159. Rules to give effect to arrangements with other countries for the transfer of money paid as** **compensation.—** (1) The Central Government may, by notification, make rules for the transfer to any foreign country of money deposited with a competent authority under Chapter VII which has been awarded to or may be due to, any person residing or about to reside in such foreign country and for the receipt, distribution and administration in any State of any money deposited under the law relating to employees' compensation in any foreign country, which has been awarded to, or may be due to any person residing or about to reside in any State: Provided that no sum deposited under Chapter VII in respect of fatal accidents shall be so transferred without the consent of the employer concerned after the competent authority receiving the sum has passed orders determining its distribution and apportionment under section 81. (2) Where money deposited with a competent authority has been so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this Code regarding distribution by the competent authority of compensation deposited with him shall cease to apply in respect of any such money. **160.Laying of rules, regulations and schemes, etc.—(1) Every rule, regulation, notification and** scheme made or framed by the Central Government or the Corporation, as the case may be, under this Code shall be laid, as soon as may be after it is made or framed, before each House of Parliament, while it is in 92 ----- session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, regulation, notification or scheme, as the case may be, or both Houses agree that the rule, regulation, notification or scheme, as the case may be, should not be made, such rule, regulation, notification or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation, notification or scheme, as the case may be. (2) Every rule and scheme made or framed, and every notification issued by, the State Government under this Code, shall be laid as soon as may be after it is made or framed, before the State Legislatures, where it consists of two Houses, or where such legislature consists of one House, before that House. **161. Effect of laws and agreements inconsistent with this Code.—(1) The provisions of this Code** shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Code: Provided that where under any such award, agreement, contract of service or otherwise, a person is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Code, the person shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this Code. (2) Nothing contained in this Code shall be construed to preclude a person from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Code. **162.Delegation of powers.—The appropriate Government may, by notification, direct that all or any** of the powers and functions which may be exercised or performed by that Government may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by the Central Board, the Corporation, the National Social Security Board, the State Unorganised Workers' Board, Building Workers' Welfare Board or any officer or authority subordinate to the Central Board, the Corporation, the National Social Security Board, the State Unorganised Workers' Board, Building Workers' Welfare Board. **163. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Code, the Central Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Code, as may be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Code. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **164. Repeal and savings.—(1) The following enactments are hereby repealed, namely:—** 1. The Employee's Compensation Act, 1923 (8 of 1923); 2. The Employees' State Insurance Act, 1948 (34 of 1948); 3. The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952); 4. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (31 of 1959); 5. The Maternity Benefit Act, 1961 (53 of 1961) ; 6. The Payment of Gratuity Act, 1972 (39 of 1972); 7. The Cine-Workers Welfare Fund Act, 1981 (33 of 1981); 8. The Building and Other Construction Workers' Welfare Cess Act, 1996 (28 of 1996); 93 ----- 9. The Unorganised Workers' Social Security Act, 2008 (33 of 2008). (2) Notwithstanding such repeal,— (a) anything done or any action taken under the enactments so repealed including any rule, regulation, notification (including the notifications issued by the States), scheme, appointment, order or direction made thereunder or any benefit provided or given under any provision of such enactments, rules, regulations, notifications or schemes made thereunder for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder and shall be in force to the extent they are not contrary to the provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder till they are repealed under the corresponding provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder by the appropriate Government; (b) the Employees' Provident Funds Scheme, 1952, the Employees' Deposit Linked Insurance Scheme, 1976, the Employees' Pension Scheme, 1995 and the Tribunal (Procedure) Rules, 1997 framed or made under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) and the rules, regulations and schemes made or framed under the Employees' State Insurance Act, 1948 (34 of 1948), shall remain in force, to the extent they are not inconsistent with the provisions of this Code for a period of one year from the date of commencement of this Code; (c) any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it ceases to be in operation under the provisions of this Code or till any direction is made thereunder for such purpose. (3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such enactments. 94 ----- THE FIRST SCHEDULE [See sections 1(4), (8) and 152 (1)] **APPLICABILITY** Chapter Heading Applicability (2) (3) Employees' Provident employees are employed. Employees’ State Insurance Corporation factory: providing to them: Government. (a and railway company; and (b from time to time. Maternity Benefit (a (b 95 |Chapter No.|Chapter Heading|Applicability| |---|---|---| |(1)|(2)|(3)| |III|Employees' Provident Fund|Every establishment in which twenty or more employees are employed.| |IV|Employees’ State Insurance Corporation|Every establishment in which ten or more persons are employed other than a seasonal factory: Provided that Chapter IV shall also be applicable to an establishment, which carries on such hazardous or life threatening occupation as notified by the Central Government, in which even a single employee is employed: Provided further that an employer of a plantation, may opt the application of Chapter IV in respect of the plantation by giving willingness to the corporation, where the benefits available to the employees under that Chapter are better than what the employer is providing to them: Provided also that the contribution from the employers and employees of an establishment shall be payable under section 29 on and from the date on which any benefits under Chapter IV relating to the Employees State Insurance Corporation are provided by the Corporation to the employees of the establishment and such date shall be notified by the Central Government.| |V|Gratuity|(a) every factory, mine, oilfield, plantation, port and railway company; and (b) every shop or establishment in which ten or more employees are employed, or were employed, on any day of the preceding twelve months; and such shops or establishments as may be notified by the appropriate Government from time to time.| |VI|Maternity Benefit|(a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government; and (b) to every shop or establishment in which ten or more employees are employed, or were employed, on any day of the preceding twelve months; and such other shops or establishments notified by the appropriate Government.| |||| ----- |VII|Employee's Compensation|Subject to the provisions of the Second Schedule, it applies to the employers and employees to whom Chapter IV does not apply.| |---|---|---| |VIII|Social Security and Cess in respect of Building and Other Construction Workers|Every establishment which falls under the building and other construction work.| |IX|Social Security for Unorganised Workers'|Unorganised sector, unorganised workers', gig worker, platform worker.| |XIII|Employment Information and Monitoring|Career centres, vacancies, persons seeking services of career centres and employers.| 96 ----- THE SECOND SCHEDULE [See sections 2(26), 74(3), (5), 132 and 152(2)] LIST OF PERSONS WHO ARE EMPLOYEES WITHIN THE MEANING OF THE THIRD PROVISO TO CLAUSE (26) OF SECTION 2 The following persons are employees within the meaning of third proviso to clause (26) of section 2 and subject to the said proviso, any person who is— (i) employed in railways, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or (ii) employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts, and steam, water or other mechanical power or electrical power is used; or (iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises; or _Explanation.—For the purposes of this clause, persons employed outside such premises or_ precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or (iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or (v) employed, in any mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952), in any mining operation or in any kind of work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or (vi) employed as the master or as a seaman of— (a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or (b) any sea going ship not included in sub-clause (a) provided with sufficient area for navigation under sails alone; or (vii) employed for the purpose of— (a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the Ports Act, 1908 (15 of 1908), or the Major Port Trusts Act, 1963 (38 of 1963), of goods which have been discharged from or are to be loaded into any vessel; or (b) warping a ship through the lock; or (c) mooring and unmooring ships at harbour wall berths or in pier; or (d) removing or replacing dry dock caissons when vessels are entering or leaving dry docks; or (e) the docking or undocking of any vessel during an emergency; or 97 ----- (f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or (g) any work on jolly-boats for bringing a ship's line to the wharf; or (viii) employed in the construction, maintenance, repair or demolition of— (a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or (b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or (c) any road, bridge, tunnel or canal; or (d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or (ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or (x) employed, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or (xi) employed in the service of any fire brigade; or (xii) employed upon a railway as defined in clause (31) of section 2 and sub-section (1) of section 197 of the Railways Act, 1989 (24 of 1989), either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or (xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service or as a telegraphist or as a postal or railway signaller, or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or (xiv) employed, in connection with operation for winning natural petroleum or natural gas; or (xv) employed in any occupation involving blasting operations; or (xvi) employed in the making of any excavation for which explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or (xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or (xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or (xix) employed in the generating, transforming, transmitting or distribution of electrical energy or in generation or supply of gas; or (xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse Act, 1927 (17 of 1927); or (xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or (xxii) employed in the training, keeping or working of elephants or wild animals; or (xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forests fires; or (xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or 98 ----- (xxv) employed as a diver; or (xxvi) employed in the handling or transport of goods in, or within the precincts of,— (a) any warehouse or other place in which goods are stored; or (b) any market; or (xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact with radioactive substances; or (xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the Indian Aircraft Act, 1934 (22 of 1934); or (xxix) employed in horticultural operations, forestry, bee-keeping or farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or (xxx) employed in the construction, working, repair or maintenance of a tube-well; or (xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or (xxxii) employed in a circus; or (xxxiii) employed as watchman in any factory or establishment; or (xxxiv) employed in any operation in the sea for catching fish; or (xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or (xxxvi) employed in handling animals like horses, mules and bulls; or (xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or (xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or (xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or (xl) employed in cleaning of jungles or reclaiming land or ponds; or (xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing; or (xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or (xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or (xliv) employed in spraying and dusting of insecticides or pesticides in agricultural operations or plantations; or (xlv) employed in mechanised harvesting and threshing operations; or (xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or 99 ----- (xlvii) employed as artist for drawing pictures on advertisement boards at a height of 3.66 metres or more from the ground level; or (xlviii) employed in any newspaper establishment as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) and engaged in outdoor work; or (xlix) employed as sales promotion employee; or (l) any other employee or class of employee employed in an establishment or class of establishments to which the Employees' Compensation Act, 1923 (8 of 1923) was applicable in any State immediately before the commencement of this Code. 100 ----- THE THIRD SCHEDULE [See sections 2 (51), 36(1), 74 (1), (3), (5), 131(5), 132 and 152(2)] LIST OF OCCUPATIONAL DISEASES Occupational disease Employment (2) (3) **PART A** 1. Infectious and parasitic diseases contracted in (a) all work involving exposure to health or an occupation where there is a particular risk of laboratory work; _(b) all work involving exposure to veterinary_ work; (c) work relating to handling animals, animal carcasses, part of such carcasses, or merchandise which may have been contaminated by animals or animal carcasses; (d) other work carrying a particular risk of contamination. 2. Diseases caused by work in compressed air All work involving exposure to the risk concerned. 3. Diseases caused by lead or its toxic compounds 3. All work involving exposure to the risk concerned. All work involving exposure to the risk concerned. 5. Poisoning by organo phosphorus compounds All work involving exposure to the risk concerned. **PART B** 1. Diseases caused by phosphorus or its toxic All work involving exposure to the risk concerned. 2. Diseases caused by mercury or its toxic All work involving exposure to the risk concerned. 3. Diseases caused by benzene or its toxic All work involving exposure to the risk concerned. 4. Diseases caused by nitro and amido toxic All work involving exposure to the risk derivatives of benzene or its homologues concerned. 5. Diseases caused by chromium or its toxic All work involving exposure to the risk concerned. 6. Diseases caused by arsenic or its toxic All work involving exposure to the risk concerned. 7. Diseases caused by radioactive substances and All work involving exposure to the action of radioactive substances or ionising radiations. 8. Primary epitheliomatous cancer of the skin All work involving exposure to the risk caused by tar, pitch, bitumen, mineral oil, concerned. anthracene, or the compounds, products or 9. Diseases caused by the toxic halogen All work involving exposure to the risk derivatives of hydrocarbons (of the aliphatic and concerned. 10. Diseases caused by carbon disulphide All work involving exposure to the risk concerned. 11. Occupational cataract due to infra-red All work involving exposure to the risk concerned. 101 |Serial No.|Occupational disease|Col3|Employment| |---|---|---|---| |(1)|(2)||(3)| |PART A|||| |1. Infectious and parasitic diseases contracted in an occupation where there is a particular risk of contamination||(a) all work involving exposure to health or laboratory work; (b) all work involving exposure to veterinary work; (c) work relating to handling animals, animal carcasses, part of such carcasses, or merchandise which may have been contaminated by animals or animal carcasses; (d) other work carrying a particular risk of contamination.|| |2. Diseases caused by work in compressed air||All work involving exposure to the risk concerned.|| |3. Diseases caused by lead or its toxic compounds||3. All work involving exposure to the risk concerned.|| |4. Poisoning by nitrous fumes||All work involving exposure to the risk concerned.|| |5. Poisoning by organo phosphorus compounds||All work involving exposure to the risk concerned.|| |PART B|||| |1. Diseases caused by phosphorus or its toxic compounds||All work involving exposure to the risk concerned.|| |2. Diseases caused by mercury or its toxic compounds||All work involving exposure to the risk concerned.|| |3. Diseases caused by benzene or its toxic homologues||All work involving exposure to the risk concerned.|| |4. Diseases caused by nitro and amido toxic derivatives of benzene or its homologues||All work involving exposure to the risk concerned.|| |5. Diseases caused by chromium or its toxic compounds||All work involving exposure to the risk concerned.|| |6. Diseases caused by arsenic or its toxic compounds||All work involving exposure to the risk concerned.|| |7. Diseases caused by radioactive substances and ionising radiations||All work involving exposure to the action of radioactive substances or ionising radiations.|| |8. Primary epitheliomatous cancer of the skin caused by tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances||All work involving exposure to the risk concerned.|| |9. Diseases caused by the toxic halogen derivatives of hydrocarbons (of the aliphatic and aromatic series).||All work involving exposure to the risk concerned.|| |10. Diseases caused by carbon disulphide||All work involving exposure to the risk concerned.|| |11. Occupational cataract due to infra-red radiations||All work involving exposure to the risk concerned.|| ----- |12. Diseases caused by manganese or its toxic compounds|All work involving exposure to the risk concerned.| |---|---| |13. Skin diseases caused by physical, chemical or biological agents not included in other items|All work involving exposure to the risk concerned.| |14. Hearing impairment caused by noise|All work involving exposure to the risk concerned.| |15. Poisoning by dinitrophenol or a homologue or by substituted dinitro-phenol or by the salts of such substances|All work involving exposure to the risk concerned.| |16. Diseases caused by beryllium or its toxic compounds|All work involving exposure to the risk concerned.| |17. Diseases caused by cadmium or its toxic compounds|All work involving exposure to the risk concerned.| |18. Occupational asthma caused by recognised sensitising agents inherent to the work process|All work involving exposure to the risk concerned.| |19. Diseases caused by fluorine or its toxic compounds|All work involving exposure to the risk concerned.| |20. Diseases caused by nitroglycerin or other nitroacid esters|All work involving exposure to the risk concerned.| |21. Diseases caused by alcohols and ketones|All work involving exposure to the risk concerned.| |22. Diseases caused by asphyxiants, carbon monoxide and its toxic derivatives, hydrogen sulphide|All work involving exposure to the risk concerned.| |23. Lung cancer and mesotheliomas caused by asbestos|All work involving exposure to the risk concerned.| |24. Primary neoplasm of the epithelial lining of the urinary bladder or the kidney or the ureter|All work involving exposure to the risk concerned.| |25. Snow blindness in snow bound areas|All work involving exposure to the risk concerned.| |26. Diseases due to effect of heat in extreme hot climate|All work involving exposure to the risk concerned.| |27. Diseases due to effect of cold in extreme cold climate|All work involving exposure to the risk concerned.| |PART C|| |1. Pneumoconioses caused by sclerogenic mineral dust (silicoses, anthraoosilicosis, asbestosis) and silico-tuberculosis provided that silicosis is an essential factor in causing the resultant incapacity or death|All work involving exposure to the risk concerned.| |2. Bagassosis|All work involving exposure to the risk concerned.| |3. Bronchopulmonary diseases caused by cotton, flax hemp and sisal dust (Byssionsis).|All work involving exposure to the risk concerned.| |4. Extrinsic allergic alveelitis caused by the inhalation of organic dusts|All work involving exposure to the risk concerned.| |5. Bronchopulmonary diseases caused by hard metals|All work involving exposure to the risk concerned.| |6. Acute Pulmonary oedema of high altitude.|All work involving exposure to the risk concerned.| 102 ----- THE FOURTH SCHEDULE [See sections 2(55), (56), 76(1) and 152(1)] **PART I** LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT Description of Injury Percentage of loss of earning capacity (2) (3) Loss of both hands or amputation at higher sites 100 Loss of a hand and a foot 100 Double amputation through leg or thigh, or amputation 100 through leg or thigh on one side and loss of other foot Loss of sight to such an extent as to render the claimant 100 unable to perform any work for which eye-sight is essential Very severe facial disfigurement 100 100 **PART II** LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT Description of Injury Percentage of loss of earning capacity (2) (3) Amputation through shoulder joint 90 Amputation below shoulder with stump less than [20.32 80 Cms.] from tip of acromion Amputation form [20.32 Cms.] from tip of acromion to less 70 than [11.43 Cms.] below tip of olecranon Loss of a hand or of the thumb and four fingers of one hand 60 or amputation from [11.43 Cms.] below tip of olecranon 30 Loss of thumb and its metacarpal bone 40 Loss of four fingers of one hand 50 Loss of three fingers of one hand 30 Loss of two fingers of one hand 20 Loss of terminal phalanx of thumb 20 Guillotine amputation of tip of thumb without loss of bone 10 **Amputation cases-lower limbs** Amputation of both feet resulting in end bearing stumps 90 Amputation through both feet proximal to the metatarso- 80 Loss of all toes of both feet through the metatarso-phalangeal 40 Loss of all toes of both feet proximal to the proximal inter- 30 Loss of all toes of both feet distal to the proximal inter- 20 90 Amputation below hip with stump not exceeding [12.70 80 Cms.] in length measured from tip of great trenchanter Amputation below hip with stump exceeding [12.70 Cms.] 70 in length measured from tip of great trenchanter but not beyond middle thigh Amputation below middle thigh to [8.89 Cms.] below knee 60 Amputation below knee with stump exceeding [8.89 Cms.] 50 but not exceeding [12.70 Cms.] 103 |Serial No.|Description of Injury|Percentage of loss of earning capacity| |---|---|---| |(1)|(2)|(3)| |1.|Loss of both hands or amputation at higher sites|100| |2.|Loss of a hand and a foot|100| |3.|Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot|100| |4.|Loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential|100| |5.|Very severe facial disfigurement|100| |6.|Absolute deafness|100| |Serial No.|Description of Injury|Percentage of loss of earning capacity| |---|---|---| |(1)|(2)|(3)| |1.|Amputation through shoulder joint|90| |2.|Amputation below shoulder with stump less than [20.32 Cms.] from tip of acromion|80| |3.|Amputation form [20.32 Cms.] from tip of acromion to less than [11.43 Cms.] below tip of olecranon|70| |4.|Loss of a hand or of the thumb and four fingers of one hand or amputation from [11.43 Cms.] below tip of olecranon|60| |5.|Loss of thumb|30| |6.|Loss of thumb and its metacarpal bone|40| |7.|Loss of four fingers of one hand|50| |8.|Loss of three fingers of one hand|30| |9.|Loss of two fingers of one hand|20| |10.|Loss of terminal phalanx of thumb|20| |11.|Guillotine amputation of tip of thumb without loss of bone|10| |Amputation cases-lower limbs||| |12.|Amputation of both feet resulting in end bearing stumps|90| |13.|Amputation through both feet proximal to the metatarso- phalangeal joint|80| |14.|Loss of all toes of both feet through the metatarso-phalangeal joint|40| |15.|Loss of all toes of both feet proximal to the proximal inter- phalangeal joint|30| |16.|Loss of all toes of both feet distal to the proximal inter- phalangeal joint|20| |17.|Amputation at hip|90| |18.|Amputation below hip with stump not exceeding [12.70 Cms.] in length measured from tip of great trenchanter|80| |19.|Amputation below hip with stump exceeding [12.70 Cms.] in length measured from tip of great trenchanter but not beyond middle thigh|70| |20.|Amputation below middle thigh to [8.89 Cms.] below knee|60| |21.|Amputation below knee with stump exceeding [8.89 Cms.] but not exceeding [12.70 Cms.]|50| ----- |22.|Amputation below knee with stump exceeding [12.70 Cms.]|50| |---|---|---| |23.|Amputation of one foot resulting in end bearing|50| |24.|Amputation through one foot proximal to the metatarso- phalangeal joint|50| |25.|Loss of all toes of one foot through the metatarso- phalangeal joint|20| |Other injuries||| |26.|Loss of one eye, without complications, the other being normal|40| |27.|Loss of vision of one eye, without complications or disfigurement of eye-ball, the other being normal|30| |28.|Loss of partial vision of one eye Loss of—|10| |A-Fingers of right or left hand Index finger||| |29.|Whole|14| |30.|Two phalanges|11| |31.|One phalanx|9| |32.|Guillotine amputation of tip without loss of bone|5| |Middle finger||| |33.|Whole|12| |34.|Two phalanges|9| |35.|One phalanx|7| |36.|Guillotine amputation of tip without loss of bone|4| |Ring or little finger||| |37.|Whole|7| |38.|Two phalanges|6| |39.|One phalanx|5| |40.|Guillotine amputation of tip without loss of bone|2| |B-Toes of right or left foot Great toe||| |41.|Through metatarso-phalangeal joint|14| |42.|Part, with some loss of bone|3| |Any other toe||| |43.|Through metatarso-phalangeal joint|3| |44.|Part, with some loss of bone|1| |Two toes of one foot, excluding great toe||| |45.|Through metatarso-phalangeal joint|5| |46.|Part, with some loss of bone|2| |Three toes of one foot, excluding great toe||| |47.|Through metatarso-phalangeal joint|6| |48.|Part, with some loss of bone|3| |Four toes of one foot, excluding great toe||| |49.|Through metatarso-phalangeal joint|9| |50.|Part, with some loss of bone|3| 104 ----- THE FIFTH SCHEDULE [See sections 15(2) and 152(1)] MATTERS THAT MAY BE PROVIDED FOR IN THE SCHEMES Any scheme framed under section 15 may provide for any or all of the matters as specified below, namely:— **PART A** Matters on which the Provident Fund Scheme may make provisions (2) The employees or class of employees who shall join the Fund, and the conditions under which employees may be exempted from joining the Fund or from making any contribution. The time and manner in which contributions shall be made to the Fund by employers and by, or on behalf of, employees, (whether employed by him directly or by or through a contractor), the contributions which an employee may, if he so desires, make under section 16, and the manner in which such contributions may be recovered. The manner in which employees' contributions may be recovered by contractors from employees employed by or through such contractors. The payment by the employer of such sums of money as may be necessary to meet the cost of administering the Fund and the rate at which and the manner in which the payment shall be made. The constitution of any committee for assisting any board of trustees. The opening of regional and other offices of any board of trustees. The manner in which accounts shall be kept, the investment of moneys belonging to the Fund in accordance with any directions issued or conditions specified by the Central Government, the preparation of the budget, the audit of accounts and the submission of reports to the Central Government, or to any specified State Government. The conditions under which withdrawals from the Fund may be permitted and any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture. The fixation by the Central Government in consultation with the boards of trustees concerned of the rate of interest payable to members. The form in which an employee shall furnish particulars about himself and his family whenever required. The nomination of a person to receive the amount standing to the credit of a member after his death and the cancellation or variation of such nomination. The registers and records to be maintained with respect to employees and the returns to be furnished by employers or contractors. The form or design of any identity card, token or disc for the purpose of identifying any employee, and for the issue, custody and replacement thereof. The fees to be levied for any of the purposes specified in this Schedule. The contraventions or defaults which shall be punishable under section 135. The further powers, if any, which may be exercised by Inspector-cum-Facilitators. The manner in which accumulations in any existing provident fund shall be transferred to the Fund and the mode of valuation of any assets which may be transferred by the employers in this behalf. The conditions under which a member may be permitted to pay premia on life insurance, from the Fund. Any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the Scheme. **PART B** MATTERS THAT MAY BE PROVIDED FOR IN THE PENSION SCHEME The employees or class of employees to whom the Pension Scheme shall apply. The portion of employers' contribution to the Provident Fund which shall be credited to the Pension Fund and the manner in which it is credited. The regulation of the manner in which and the period of service for which, no contribution is received. 105 |Serial No.|Matters on which the Provident Fund Scheme may make provisions| |---|---| |(1)|(2)| |1.|The employees or class of employees who shall join the Fund, and the conditions under which employees may be exempted from joining the Fund or from making any contribution.| |2.|The time and manner in which contributions shall be made to the Fund by employers and by, or on behalf of, employees, (whether employed by him directly or by or through a contractor), the contributions which an employee may, if he so desires, make under section 16, and the manner in which such contributions may be recovered.| |3.|The manner in which employees' contributions may be recovered by contractors from employees employed by or through such contractors.| |4.|The payment by the employer of such sums of money as may be necessary to meet the cost of administering the Fund and the rate at which and the manner in which the payment shall be made.| |5.|The constitution of any committee for assisting any board of trustees.| |6.|The opening of regional and other offices of any board of trustees.| |7.|The manner in which accounts shall be kept, the investment of moneys belonging to the Fund in accordance with any directions issued or conditions specified by the Central Government, the preparation of the budget, the audit of accounts and the submission of reports to the Central Government, or to any specified State Government.| |8.|The conditions under which withdrawals from the Fund may be permitted and any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture.| |9.|The fixation by the Central Government in consultation with the boards of trustees concerned of the rate of interest payable to members.| |10.|The form in which an employee shall furnish particulars about himself and his family whenever required.| |11.|The nomination of a person to receive the amount standing to the credit of a member after his death and the cancellation or variation of such nomination.| |12.|The registers and records to be maintained with respect to employees and the returns to be furnished by employers or contractors.| |13.|The form or design of any identity card, token or disc for the purpose of identifying any employee, and for the issue, custody and replacement thereof.| |14.|The fees to be levied for any of the purposes specified in this Schedule.| |15.|The contraventions or defaults which shall be punishable under section 135.| |16.|The further powers, if any, which may be exercised by Inspector-cum-Facilitators.| |17.|The manner in which accumulations in any existing provident fund shall be transferred to the Fund and the mode of valuation of any assets which may be transferred by the employers in this behalf.| |18.|The conditions under which a member may be permitted to pay premia on life insurance, from the Fund.| |19.|Any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the Scheme.| |PART B|| |MATTERS THAT MAY BE PROVIDED FOR IN THE PENSION SCHEME|| |1.|The employees or class of employees to whom the Pension Scheme shall apply.| |2.|The portion of employers' contribution to the Provident Fund which shall be credited to the Pension Fund and the manner in which it is credited.| |3.|The regulation of the manner in which and the period of service for which, no contribution is received.| ----- |4.|The manner in which employees' interest will be protected against default in payment of contribution by the employer.| |---|---| |5.|The manner in which the accounts of the Pension Fund shall be kept and investment of moneys belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the Central Government.| |6.|The form in which an employee shall furnish particulars about himself and the members of his family whenever required.| |7.|The forms, registers and records to be maintained in respect of employees, required for the administration of the Pension Scheme.| |8.|The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees.| |9.|The manner in which the exempted establishments have to pay contribution towards the Pension Scheme and the submission of returns relating thereto.| |10.|The mode of disbursement of pension and arrangements to be entered into with such disbursing agencies as may be specified for the purpose.| |11.|The manner in which the expenses for administering the Pension Scheme will be met from the income of the Pension Fund.| |12.|Any other matter which is to be provided for in the Pension Scheme or which may be necessary or proper for the purpose of implementation of the Pension Scheme.| |PART C|| |MATTERS THAT MAY BE PROVIDED FOR IN THE EMPLOYEES' DEPOSIT-LINKED INSURANCE SCHEME|| |1.|The employees or class of employees who shall be covered by the Insurance Scheme.| |2.|The manner in which the accounts of the Insurance Fund shall be kept and the investment of moneys belonging to the Insurance Fund subject to such pattern of investment as may be determined, by order, by the Central Government.| |3.|The form in which an employee shall furnish particulars about himself and the members of his family whenever required.| |4.|The nomination of a person to receive the insurance amount due to the employee after his death and the cancellation or variation of such nomination.| |5.|The registers and records to be maintained in respect of employees; the form or design of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount.| |6.|The scales of insurance benefits and conditions relating to the grant of such benefits to the employees.| |7.|The manner in which the amount due to the nominee or the member of the family of the employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).| |8.|Any other matter which is to be provided for in the Employees' Deposit-linked Insurance Scheme or which may be necessary or proper for the purpose of implementing that Scheme.| 106 ----- THE SIXTH SCHEDULE [See sections 75, 76(1) and 152(1)] FACTORS FOR WORKING OUT LUMP SUM EQUIVALENT OF COMPENSATION AMOUNT IN CASE OF PERMANENT DISABLEMENT AND DEATH Completed years of age on the last birthday of the Factors employee immediately preceding the date on which the compensation fell due (2) (3) 16 228.54 17 227.49 18 226.38 19 225.22 20 224.00 21 222.71 22 221.37 23 219.95 24 218.47 25 216.91 26 215.28 27 213.57 28 211.79 29 209.92 30 207.98 31 205.95 32 203.85 33 201.66 34 199.40 35 197.06 36 194.64 37 192.14 38 189.56 39 186.90 40 184.17 41 181.37 42 178.49 43 175.54 44 172.52 45 169.44 46 166.29 47 163.07 48 159.80 49 156.47 50 153.09 51 149.67 52 146.20 53 142.68 54 139.13 55 135.56 56 131.95 57 128.33 58 124.70 59 121.05 60 117.41 61 113.77 62 110.14 63 106.52 64 102.93 65 or more 99.37 107 |Completed years of age on the last birthday of the employee immediately preceding the date on which the compensation fell due|Col2|Factors| |---|---|---| |(1)|(2)|(3)| |Not more than|16|228.54| ||17|227.49| ||18|226.38| ||19|225.22| ||20|224.00| ||21|222.71| ||22|221.37| ||23|219.95| ||24|218.47| ||25|216.91| ||26|215.28| ||27|213.57| ||28|211.79| ||29|209.92| ||30|207.98| ||31|205.95| ||32|203.85| ||33|201.66| ||34|199.40| ||35|197.06| ||36|194.64| ||37|192.14| ||38|189.56| ||39|186.90| ||40|184.17| ||41|181.37| ||42|178.49| ||43|175.54| ||44|172.52| ||45|169.44| ||46|166.29| ||47|163.07| ||48|159.80| ||49|156.47| ||50|153.09| ||51|149.67| ||52|146.20| ||53|142.68| ||54|139.13| ||55|135.56| ||56|131.95| ||57|128.33| ||58|124.70| ||59|121.05| ||60|117.41| ||61|113.77| ||62|110.14| ||63|106.52| ||64|102.93| ||65 or more|99.37| ----- THE SEVENTH SCHEDULE [See section 114(4)] CLASSIFICATION OF AGGREGATORS Classification of Aggregator Ride sharing services Food and grocery delivery services Logistic services e-Market place (both market place and inventory model) for wholesale/ retail sale of goods and/or services (B2B/B2C) Professional services provider Travel and hospitality Content and media services Any other goods and services provider platform 108 |Sl. No.|Classification of Aggregator| |---|---| |1.|Ride sharing services| |2.|Food and grocery delivery services| |3.|Logistic services| |4.|e-Market place (both market place and inventory model) for wholesale/ retail sale of goods and/or services (B2B/B2C)| |5.|Professional services provider| |6.|Healthcare| |7.|Travel and hospitality| |8.|Content and media services| |9.|Any other goods and services provider platform| -----

17-Feb-2021

01

The Major Port Authorities Act, 2021

https://www.indiacode.nic.in/bitstream/123456789/16956/1/A2021-1.pdf

central

THE MAJOR PORT AUTHORITIES ACT, 2021 _______________ ARRANGEMENT OF SECTIONS ______________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, commencement and application 2. Definitions. CHAPTER II BOARD OF MAJOR PORT AUTHORITY 3. Constitution and composition of Board of Major Port Authority. 4. Qualifications of Chairperson, Deputy Chairperson and Members of Board. 5. Disqualification of Chairperson, Deputy Chairperson and Member from office in certain circumstances. 6. Term of office of Chairperson, Deputy Chairperson and Members. 7. Disclosure of interest. 8. Resignation of Members. 9. Removal from office of Chairperson, Deputy Chairperson and Members. 10. Filling of casual vacancies. 11. Honorarium payable to Independent Members. 12. Powers and duties of Chairperson, Deputy Chairperson and Members. 13. Meetings of Board. 14. Committees of Board. 15. Delegation of powers. 16. Restriction of re-employment. 17. Vacancies, etc., not to invalidate proceedings of Board. 18. Power to make appointments. 19. Authentication of orders and other instruments of Board. CHAPTER III MANAGEMENT AND ADMINISTRATION A. STAFF OF MAJOR PORT AUTHORITY 20. List of staff of Board. B. PROPERTY OF CONTRACTS 21. Board to be deemed as successor of Board of Trustees of Major Port. 22. Usage of port assets by Board. 23. Procedure when immovable property cannot be acquired by agreement. 24. Contracts by Board. C. PLANING AND DEVELOPMENT 25. Master Plan. 26. Powers of Board in respect of planning and development. D. IMPOSTION OF RATES 27. Scale of rates for assets and services available at Major Port. 28. Board's lien for rates. 29. Ship-owner's lien for freight and other charges. 30. Sale of goods and application of sale proceeds in certain cases. 31. Recovery of rates and charges by distraint of vessel. 32. Application to Adjudicatory Board. 1 ----- CHAPTER IV POWERS OF BOARDS OF MAJOR PORT AUTHORITIES IN RESPECT OF LOANS AND SECURITIES A. FINANCIAL POWERS OF BOARDS OF MAJOR PORT AUTHORITIES SECTIONS 33. Power to raise loans and issue securities. 34. Endorsements to be made on security itself. 35. Endorser of security not liable for amount thereof. 36. Recognition as holder of port securities in certain cases and legal effect thereof. 37. Discharge in certain cases. 38. Security for loans taken out by Boards of Major Port Authorities. 39. Power of Board to repay loans to Government before due date. 40. Establishment and application of sinking fund. 41. Existing loans and securities to continue. B. GENERAL ACCOUNTS OF MAJOR PORT AUTHORITIES 42. General accounts of Board. 43. Application of money in general accounts. C. ACCOUNTS AND AUDITS 44. Accounts and audit. CHAPTER V SUPERVISION OF CENTRAL GOVERNMENT 45. Administration report. 46. Power of Central Government to order survey or examination of works of Board. 47. Power of Central Government to restore or complete works at cost of Board. 48. Power of Central Government to take over management of Board. 49. Laying of report. 50. Power of Central Government to exempt from obligation to use port assets. 51. Board not to sell, alienate or divest its assets, properties, rights, powers and authorisations without sanction of Central Government. 52. Remedies of Government in respect of loans made to Board. 53. Power of Central Government to issue directions. CHAPTER VI CONSTITUTION OF ADJUCATORY BOARD 54. Constitution of Adjudicatory Board. 55. Composition of Adjudicatory Board. 56. Qualifications, terms and conditions of service of Presiding Officer and members of Adjudicatory Board. 57. Removal and suspension of Presiding Officer and members of Adjudicatory Board. 58. Powers and functions of Adjudicatory Board. 59. Bar of jurisdiction of any court. 60. Review and appeal. 61. Officers and employees of Adjudicatory Board. CHAPTER VII PENALTIES 62. General provision for punishment of offences. 63. Offences by companies. CHAPTER VIII MISCELLANEOUS 64. Cognizance of offences. 65. Protection of action taken in good faith. 66. Employees of Board or Adjudicatory Board to be public servants. 67. Application of other laws not barred. 68. Power to evict certain persons from premises of Board. 69. Alternate remedy by suit. 70. Corporate Social Responsibility and development of infrastructure by Board. 2 ----- SECTIONS 71. Power of Central Government to make rules. 72. Power of Board to make regulations. 73. Laying of rules and regulations. 74. Power to remove difficulties. 75. Repeal and savings. 76. Transitional provision. 3 ----- # THE MAJOR PORT AUTHORITIES ACT, 2021 ACT NO. 1 OF 2021 [17th February, 2021.] # An Act to provide for regulation, operation and planning of Major Ports in India and to vest the administration, control and management of such ports upon the Boards of Major Port Authorities and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-Second Year of the Republic of India as follows:–– CHAPTER I PRELIMINARY **1. Short title, commencement and application.—(1) This Act may be called the Major Port** Authorities Act, 2021. (2) It shall come into force on such date[1] as the Central Government may, by notification, in the Official Gazette, appoint. (3) It shall apply to the Major Ports of Chennai, Cochin, Deendayal (Kandla), Jawaharlal Nehru (Nhava Sheva), Kolkata, Mormugao, Mumbai, New Mangalore, Paradip, V.O. Chidambaranar (Tuticorin) and Visakhapatnam. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “Adjudicatory Board” means the Board constituted by the Central Government under sub-section (1) of section 54; (b) “Board” means the Board of Major Port Authority constituted by the Central Government in accordance with sub-section (1) of section 3 for each Major Port under this Act; (c) “capital reserves” for the purpose of this Act, shall mean the total of the reserves excluding the reserves set forth in sub-section (1) of section 43 and the value of the current assets of the Board in the preceding financial year; (d) “Chairperson” means the Chairperson of the Board appointed under sub-section (1) of section 4; (e) “Deputy Chairperson” means the Deputy Chairperson of the Board appointed under sub section (1) of section 4; (f) “dock” includes all basins, locks, cuts, entrances, graving docks, graving blocks, inclined planes, slipways, gridirons, moorings, transit-sheds, warehouses, tramways, railways and other works and things appertaining to any dock, and also the portion of the sea enclosed or protected by the arms or groynes of a harbour; (g) “foreshore”, in relation to a Major Port, means the area between the high-water mark and the low-water mark relating to that Major Port; (h) “goods” includes livestock and every kind of movable property; (i) “grave emergency” means a condition as determined by the Central Government wherein the Board is unable to discharge its duties appropriately and includes acts of sedition, nonperformance, unlawful and illegal actions, negligence and financial misappropriation; (j) “high-water mark”, in relation to a Major Port, means a line drawn through the highest points reached by ordinary spring-tides at any season of the year at that Major Port; 1. 3[rd] November, 2021, Vide notification No. S.O. 4504 (E), dated 29[th] October, 2021, see Gazette of India, Part II, sec. 3(ii). 4 ----- (k) “immovable property” includes wharfage-rights and all other rights exercisable on, over, or in respect of, any land, wharf, dock or pier; (l) “Independent Member” means a Member of the Board appointed under sub-section (2) of section 4; (m) “Indian Ports Act” means the Indian Ports Act, 1908 (15 of 1908); (n) “land” includes the bed of the sea or river below high-water mark, and also things attached to the earth or permanently fastened to anything attached to the earth; (o) “low-water mark”, in relation to a Major Port, means a line drawn through the lowest points reached by ordinary spring-tides at any season of the year at that Major Port; (p) “Major Port” or “Major Port Authority” means the Major Port as defined in clause (8) of section 3 of the Indian Ports Act; (q) “Major Port approaches”, in relation to a Major Port, means those parts of the navigable rivers and channels leading to the Major Port, where the Indian Ports Act is in force; (r) “master”, in relation to any vessel or any aircraft making use of any Major Port, means any person having for the time being the charge or control of such vessel or such aircraft, as the case may be, except a pilot, harbour master, assistant harbour master, dock master or berthing master of the Major Port; (s) “Member” means the Member of the Board appointed under sub-sections (2) and (3) of section 4; (t) “notification” means a notification published in the Official Gazette and the expression “notify” and “notified” shall be construed accordingly; (u) “Presiding Officer” means the Presiding Officer of the Adjudicatory Board appointed by the Central Government under section 55; (v) “owner”, — (i) in relation to goods, includes any consignor, consignee, shipper or agent for the sale, custody, loading or unloading of such goods; and (ii) in relation to any vessel or any aircraft making use of any Major Port, includes any part owner, charterer, consignee, or mortgagee in possession thereof; (w) “pier” includes any stage, stairs, landing place, hard, jetty, floating barge, transhipper or pontoon and any bridges or other works connected therewith. _Explanation.— For the purposes of this clause, the term “transhipper” means a floating craft or_ vessel, whether dumb or self-propelled, on which gears are provided for discharging cargo from a barge or wharf and loading it into a ship; (x) “port assets” means any asset within the port limits including land, movable or immovable property or any other property, whether tangible or intangible, owned by or vested with the Board through the Central Government or the State Government, as the case may be; (y) “port limits” in relation to a Major Port, means the limits including any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels or for the improvement, maintenance or good governance of the Major Port and its approaches whether within or without high-water mark, and subject to any rights of private property therein, any portion of the shore or bank within fifty yards of high-water mark and the area of such Major Port as may be determined by the Central Government by way of notification from time to time; (z) “port related use” means any use directly or indirectly related to port operations and activities; 5 ----- (za) “port securities” means the debentures, bonds or stock certificates issued by the Board in respect of any loan contracted by it under the provisions of this Act or issued by any other Authority for the payment of which the Board is liable under this Act; (zb) “prescribed” means prescribed by rules made under this Act; (zc) “Public Private Partnership project” means the projects taken up through a concession contract entered into by the Board under sub-section (1) of section 24; (zd) “rate” includes any toll, due, rent, rate, fee, or charge leviable under this Act; (ze) “regulations” means the regulations made by the Board under this Act; (zf) “vessel” includes anything made for the conveyance, by water, of human beings or of goods; and (zg) “wharf” includes any wall or stage and any part of the land or foreshore that may be used for loading or unloading goods, or for the embarkation or disembarkation of passengers and any wall enclosing or adjoining the same. (2) Words and expressions used but not defined in this Act and defined in the Indian Ports Act shall have the same meanings respectively assigned to them in that Act. CHAPTER II BOARD OF MAJOR PORT AUTHORITY **3. Constitution and composition of Board of Major Port Authority.—(1) The Central** Government shall, within a period of ninety days from the date of commencement of this Act, by notification, in respect of each Major Port, constitute a Board called the Board of Major Port Authority for that Major Port which shall consist of the following Members, namely:— (a) a Chairperson; (b) a Deputy Chairperson; (c) one Member each from the— (i) concerned State Government in which the Major Port is situated; (ii) Ministry of Railways; (iii) Ministry of Defence; and (iv) Customs, Department of Revenue; (d) not less than two and not exceeding four Independent Members; (e) one Member not below the rank of Director nominated by the Central Government, _ex officio; and_ (f) two Members representing the interests of the employees of the Major Port Authority: Provided that until the constitution of the Board of Major Port Authority, the Board of Trustees [constituted under section 3 of the Major Port Trusts Act, 1963 (38 of 1963) shall continue to function](javascript:fnOpenLinkPopUp('1785','68546');) and shall cease to exist immediately after the constitution of the Board under this Act. (2) The Board of each Major Port Authority constituted under this Act shall be a permanent body having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold or dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. **4. Qualifications of Chairperson, Deputy Chairperson and Members of Board.—(1) The** Chairperson and Deputy Chairperson of the Board shall be appointed by the Central Government on the recommendation of a Selection Committee consisting of such persons and in such manner, as may be prescribed. 6 ----- (2) The Members of the Board as mentioned in clauses (c), (d) and (e) of sub-section (1) of section 3 shall possess such qualifications and experiences and shall be appointed by the Central Government in such manner as may be prescribed. [(3) The Members referred to in clause (f) of sub-section (1) of Section 3 shall be appointed by the](javascript:fnOpenLinkPopUp('825','24109');) Central Government from amongst serving employees of the Board of Major Port Authority in such manner as may be prescribed after obtaining the opinion of the trade unions, if any, composed of persons employed in the Major Port and registered under the Trade Unions Act, 1926 (16 of 1926). (4) Every person nominated or appointed to the office of the Chairperson or Deputy Chairperson or Member of the Board, shall, within thirty days of his nomination or appointment, furnish to the Board his consent and a declaration that he is not disqualified or ineligible or has conflict of interest to hold such office. **5. Disqualification of Chairperson, Deputy Chairperson and Member from office in certain** **circumstances.—(1) A person shall not be eligible for appointment or to continue as a Chairperson,** Deputy Chairperson or Member of the Board, if— (a) he has been adjudged as an insolvent; (b) he has become physically or mentally incapable of acting as such Chairperson, Deputy Chairperson or Member; (c) he has been convicted of an offence, involving moral turpitude; (d) he holds an office of profit; (e) he has made a false declaration under sub-section (4) of section 4; (f) he has been removed or dismissed from the service of a Major Port Authority, Government or a body corporate owned or controlled by the Central Government or the State Government; or (g) an order disqualifying him for appointment as a Chairperson, Deputy Chairperson or Member has been passed by a court or tribunal and such order is in force. (2) The Chairperson, Deputy Chairperson or any other Member shall not be removed from his office except by an order of the Central Government on the ground of his proved misbehaviour or incapacity or in contravention of the provisions of section 7 after the Central Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the Central Government, come to the conclusion that the Member ought on any such ground to be removed. (3) The Central Government may suspend the Chairperson, Deputy Chairperson or any other Member in respect of whom an inquiry under sub-section (2) is being initiated or pending till the Central Government has passed an order on receipt of the report of the inquiry. **6. Term of office of Chairperson, Deputy Chairperson and Members.—(1) The Chairperson** and Deputy Chairperson shall hold office for a term not exceeding five years from the date on which they enter upon their office or until they attain the age of superannuation, whichever is earlier. (2) Subject to the provisions of this Act, a person appointed as a Member of the Board by virtue of an office under clause (c) of sub-section (1) of section 3 shall continue to be a Member of the Board so long as he continues to hold that office. (3) An Independent Member shall hold office for a term of three years from the date of his appointment or up to the age of seventy years, whichever is earlier and shall be eligible for reappointment: Provided that no Independent Member shall hold office for more than two terms: Provided further that an Independent Member shall not, during the said period of three years, be appointed to or be associated with any Major Port Authority in any other capacity, either directly or indirectly. 7 ----- (4) The Member appointed under clause (f) of sub-section (1) of section 3 shall hold office for a term of three years from the date of his appointment or until he attains the age of superannuation, whichever is earlier and shall be eligible for re-appointment: Provided that no such Member shall hold office for more than two terms. **7. Disclosure of interest.—Before appointing any person as a Chairperson, Deputy Chairperson or** Member, the Central Government shall satisfy itself that the person does not have any such financial or other interests as is likely to affect prejudicially his functions as such Chairperson, Deputy Chairperson or Member: Provided that where the Chairperson, Deputy Chairperson or any Member who is not so concerned or interested at the time of occupying such office, he shall, if he becomes concerned or interested afterwards, disclose his concern or interest forthwith when he becomes so concerned or interested or at the first meeting of the Board held after he becomes so concerned or interested and resign forthwith. **8. Resignation of Members.—The Chairperson, Deputy Chairperson and Members may, by** notice in writing under their hand addressed to the Central Government, resign their office and on such resignation being accepted by that Government, shall be deemed to have vacated their office. **9. Removal from office of Chairperson, Deputy Chairperson and Members.—The Central** Government shall remove the Chairperson, Deputy Chairperson or any Member, if he— (a) becomes subject to any of the disqualifications mentioned in section 5; or (b) has, in the opinion of the Central Government, ceased to represent the interest by virtue of which he was appointed or elected; or (c) refuses to act or becomes incapable of acting; or (d) is, without the previous permission of the Board absent from six consecutive ordinary meetings of the Board; or (e) is absent from the meetings of the Board for a period exceeding six consecutive months; or (f) acts in contravention of the provisions of this Act. **10. Filling of casual vacancies.—Any vacancy occurring in the office of the Chairperson, Deputy** Chairperson or any other Member whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, shall be filled by the Central Government by making a fresh appointment within a period of three months from the date on which such vacancy occurs and the Member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed. **11. Honorarium payable to Independent Members.—The Independent Members shall be paid** such honorarium as may be prescribed. **12. Powers and duties of Chairperson, Deputy Chairperson and Members.—The Chairperson** and in his absence, the Deputy Chairperson or such other person authorised by the Central Government shall have powers of general superintendence and directions in the conduct of affairs of the Major Port Authority and he shall, in addition to presiding over the meetings of the Board, exercise supervision and control over the acts of all employees of the Major Port Authority in matters of executive administration and in matters concerning the accounts and records of such Board. **13. Meetings of Board.—(1) The Board shall meet at such places and times, and shall follow such** rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings), as may be specified by the regulations. (2) If the Chairperson for any reason, is unable to attend a meeting of the Board, the Deputy Chairperson and in the absence of such Deputy Chairperson, any other Member chosen by the Members present amongst themselves at the meeting, shall preside at the meeting or any person authorised by the Central Government. 8 ----- (3) All questions which come up before any meeting of the Board shall be— (a) decided by a majority of votes by the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding shall have a second or casting vote; (b) dealt with as expeditiously as possible and the Board shall dispose of the same within a period of sixty days from the date of receipt of the application: Provided that where any such application could not be disposed of within the said period of sixty days, the Board shall record its reasons in writing for not disposing of the application within that period. **14. Committees of Board.—(1) A Board may, from time to time, from amongst its Members and** any other person, constitute committees for the purpose of discharging such functions as may be delegated to such committee or committees by the Board. (2) The committee or committees constituted under this section shall meet at such time and at such places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum) as may be specified by the regulations made under this Act. **15. Delegation of powers.—The Board may, for the purpose of exercising and discharging its** powers, functions and duties, by general or special order in writing, specify— (a) the powers and duties conferred or imposed upon the Board by or under this Act, which may also be exercised or performed by the Chairperson; and (b) the powers and duties conferred or imposed on the Chairperson by or under this Act, which may also be exercised or performed by the Deputy Chairperson or any officer or officers of the Board and the conditions and restrictions, if any, subject to which the powers and duties may be exercised and performed: Provided that any powers and duties conferred or imposed upon the Deputy Chairperson or any officer of the Board under this clause shall be exercised and performed by him subject to the supervision and control of the Chairperson. **16. Restriction of re-employment.—(1) The Chairperson, Deputy Chairperson and other** Members, on ceasing to hold office shall not, for a period of one year, accept any employment (including as consultant or otherwise) in any organisation relating to Major Port whose matter has been dealt with by such Chairperson, Deputy Chairperson or Member, as the case may be, or has been before the Board when he held office as such Chairperson, Deputy Chairperson or Member. (2) Nothing in sub-section (1) shall prevent the Chairperson, Deputy Chairperson or a Member, as the case may be, to accept any employment in any organisation relating to Major Port controlled or maintained by the Central Government or the State Government. **17. Vacancies, etc., not to invalidate proceedings of Board.—No act or proceedings of the** Board shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of the Board; or (b) any defect in the appointment of a person acting as a Member of such Board; or (c) any irregularity in the procedure of the Board not affecting the merits of the case. **18. Power to make appointments.—(1) The power of appointing any person to any post, whether** temporary or permanent shall— (a) in the case of a post— (i) the incumbent of which is to be regarded as the Head of a Department; or (ii) to which such incumbent is to be appointed; or 9 ----- (iii) the maximum of the pay scale of which (exclusive or allowances) exceeds such amount as the Central Government may, by notification in the Official Gazette, fix, be exercisable by the Central Government after consultation with the Chairperson; (b) in the case of any other post, be exercisable by the Chairperson or by such authority, as may be specified by the regulations: Provided that no person shall be appointed as a pilot at any port, who is not for the time being authorised by the Central Government under the provisions of the Indian Ports Act, 1908 (15 of 1908) to pilot vessels at that or any other port. (2) The Central Government may, by order, specify any post the incumbent of which shall, for the purposes of this Act, be regarded as the Head of a Department. **19. Authentication of orders and other instruments of Board.—All orders, decisions and other** instruments issued by the Board shall be authenticated by the signature of the Chairperson. CHAPTER III MANAGEMENT AND ADMINISTRATION A. STAFF OF MAJOR PORT AUTHORITY **20. List of staff of Board.—The Board shall after every five years prepare and submit to the** Central Government a list of the employees of the Board of Major Port Authority indicating therein the designations and grades of employees, and the salaries, fees and allowances which are proposed to be paid to them. B. PROPERTY AND CONTRACTS **21. Board to be deemed as successor of Board of Trustees of Major Port.—On and from the** date of constitution of the Board— (a) the Board of the Major Port Authority shall be the successor of the Board of Trustees constituted under the Major Port Trusts Act, 1963 (38 of 1963); (b) all the assets and liabilities of the Board of Trustees shall stand transferred to, and vested in, the Board. _Explanation.—For the purposes of clause (b), the assets of the Board of Trustees shall be_ deemed to include all rights and powers, all properties, whether movable or immovable, including, in particular, cash balances, deposits and all other interests and rights in, or arising out of, such properties as may be in the possession of the Board of Trustees and all books of account and other documents relating to the same; and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind; (c) without prejudice to the provisions of clause (a), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Board of Trustees immediately before that date, for or in connection with the purpose of the said Board of Trustees, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Board; (d) all sums of monies due to the Board of Trustees immediately before that date shall be deemed to be due to the Board; (e) all suits and other legal proceedings instituted or which could have been instituted by or against the Board of Trustees immediately before that date may be continued or may be instituted by or against the Board; (f) every employee serving under the Board of Trustees of the Major Port immediately before such date shall become an employee of the Board, shall hold his office or service therein by the same tenure and upon the same terms and conditions of service as he would have held if the Board had not been established and shall continue to do so unless and until his employment in the Board 10 ----- is terminated or until his tenure, remuneration or terms and conditions of service are duly altered by the Board: Provided that the tenure, remuneration and terms and conditions of service of any such employee shall not be altered to his disadvantage without the previous sanction of the Central Government; and (g) every person who was receiving any retirement benefit from the Board of Trustees under the Major Port Trusts Act, 1963 (38 of 1963) immediately before such date, shall continue to receive the same benefit from the Board: Provided that the retirement benefit of such person shall not be altered by the Board to his disadvantage without the previous sanction of the Central Government. **22. Usage of port assets by Board.—(1) The Board of each Major Port shall be entitled to use its** property, assets and funds in such manner and for such purposes as it may deem fit for the benefit of that Major Port. (2) All port assets shall be used and developed as per the regulations made by the Board in that behalf and to the exclusion of any municipal, local or Government regulation: Provided that the manner of any contract or arrangement by the Board for sale of land or immovable property, or period and manner for lease of land or immovable property for port related use and non-port related use, shall be in such manner as may be prescribed: Provided further that the tenure for lease of land or immovable property for Public Private Partnership projects by the Board shall be subject to the policy notified by the Central Government in respect of such Public Private Partnership projects. (3) The Board of each Major Port may erect, construct or build such civil structures for port development or improving commerce and trade in national interest for which no regulatory license or approval from the State authorities shall be required, unless so mandated by the Central Government. (4) For those port assets that relate to landing places and limits of customs area and which require fresh approval from the Commissioner of Customs under the Customs Act, 1962 (52 of 1962), the Board of each Major Port Authority shall, by notification, declare the availability and readiness of such port assets after the said approval has been received from the Commissioner of Customs. **23. Procedure when immovable property cannot be acquired by agreement.—Where any** immovable property is required for the purposes of the Board, the Central Government, or as the case may be, the State Government may, at the request of the Board, procure the acquisition thereof under the provisions of the Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act, 2013 (30 of 2013) or any other law for the time being in force, and on payment by the Board, the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the Board. **24. Contracts by Board.—(1) The Board of each Major Port shall be competent to enter into and** perform any contract necessary for discharging of its functions under this Act. (2) Every contract shall, on behalf of the Board of each Major Port, be made by the Chairperson or by any such officer of the Board as the Chairperson may by general or special order, authorise in this behalf and shall be sealed with the common seal of the Board (3) The form and manner in which any contract shall be made under this Act, shall be such as may be specified by regulations. C. PLANING AND DEVELOPMENT **25. Master Plan.—Subject to the rules made under this Act, the Board of each Major Port shall be** entitled to create specific master plan in respect of any development or infrastructure established or proposed to be established within the port limits and the land appurtenant thereto and such master plan shall be independent of any local or State Government regulations of any authority whatsoever: 11 ----- Provided that in case of any conflict between the master plan created by the Board and any local authority, the master plan created by the Board shall prevail. **26. Powers of Board in respect of planning and development.—(1) For the purposes of** planning and development of the Major Port, the Board in relation to that Major Port shall have the power to make regulations, not inconsistent with the Customs Act, 1962 (52 of 1962) or any rules made thereunder, to— (a) undertake, execute and perform such works and provide such services at or within the port limits and Major Port approaches on such terms and conditions as it may deem necessary or expedient; (b) declare availability of the port assets at the Major Port or Major Port approaches for port related activities and services subject to such limits, conditions and restrictions as it may deem necessary or expedient; (c) develop and provide infrastructure facilities including setting up of new ports, jetties, navigational channels, dry ports and such other infrastructure in furtherance of the interest of the Major Port; (d) take charge of the goods from the concerned owner for the purpose of performing any port related services; (e) order, in case of emergency or for any other reason, the master or owner or agent of any sea going vessel, not to bring any vessel alongside of, or to remove such vessel from, any dock, berth, wharf, quay, stage, jetty or pier belonging to or under the control of the Board; (f) permit construction and development by itself or through any person, to make, erect, fix or remove within the port limits or Major Port approaches any wharf, dock, quay, stage, jetty, pier, building or structure, erection or mooring or undertake any reclamation of foreshore within the said limits and buildings and amenities required for the residence and welfare of the employees of the Board, subject to such limits, conditions and restrictions as it may deem necessary or expedient; (g) provide exemption or remission from payment of any rate or charge leviable on any goods or vessels or class of goods or vessels under this Act; (h) provide any other services or amenities in respect of vessels, passengers, goods or employees; (i) undertake, execute and perform such works, activities and studies to promote maritime education, training skill development of coastal communities, seafarers welfare and Major Port related development; and (j) make or construct or erect within the port limits such structures, buildings, drains, roads, fences, tube-wells, in-take wells, storage facilities, warehouses, pipelines, telephone lines, communication towers, electricity supply or transmission equipment and such other works and conveniences as the Board of each Major Port thinks proper. (2) The power of the Board to make regulations under sub-section (1) shall be independent of powers of any local authority to make regulations in respect of Major Port: Provided that in case of conflict between the regulations made by the local authority and those made by Board, the regulations made by Board shall prevail. D. IMPOSITION OF RATES **27. Scale of rates for assets and services available at Major Port.—(1) The Board of each** Major Port Authority or the committee or committees constituted in this behalf by the Board in accordance with section 14, may,— (a) frame scale of rates at which, and a statement of conditions under which, any services shall be performed or made available; 12 ----- (b) frame scale of rates at which, and a statement of conditions under which, the access to and usage of the port assets may be allowed by the Board; (c) frame consolidated scale of rates for any combination of services specified in clause (a) or for any combination of such service or services with any user or permission to use or access to any port assets as specified in clause (b); (d) pass an order for refund of any amount overcharged by the Board in relation to the services provided to any person; (e) pass an order for recovery of any rate or charge which is short-levied or erroneously refunded by the Board to any person under this Act; and (f) frame different scales, fees, rates and conditions for different classes of goods and vessels under this section: Provided that the fixation and implementation of such scales, fees, rates and conditions shall be in consonance with the norms as may be prescribed and shall.— (i) not be with retrospective effect; (ii) not be in derogation with the rules made by or directives of the Central Government in this behalf; (iii) not be inconsistent with the provisions of the Competition Act, 2002 (12 of 2003); and (iv) not be inconsistent with the provisions of any other law for the time being in force: Provided that in case of Public Private Partnership projects after the commencement of this Act, concessionaire shall fix the tariff based on market conditions and on such other conditions as may be notified: Provided further that the revenue share and other conditions would be as per the provisions of the specific concession agreement between the Board and the Public Private Partnership concessionaire appointed under the Public Private Partnership project. (2) Notwithstanding anything contained in clause (b) of sub-section (1), the Board may, by auction or by inviting tenders, lease any port asset belonging to or in its possession or occupation at a rate higher than that provided under clause (b) of sub-section (1). **28. Board's lien for rates.—(1) The Board for the amount of all rates leviable under this Act in** respect of any goods and for the rent due to such Board for any buildings, plinths stacking areas, or other premises on or in which any goods may have been placed, it shall have a lien on such goods, and may seize and detain the same until such rates and rents are fully paid. (2) The right of lien referred to in sub-section (1) shall have priority over all other liens and claims, except for general average and for ship owner's lien upon the said goods for freight and other charges where such lien exists and has been preserved in the manner provided in sub-section (1) of section 29, and for monies payable to the Central Government under any law for the time being in force relating to customs, other than by way of penalty or fine. (3) The right of lien referred to in sub-section (1) shall also vest with any concessionaire appointed by the Board with whom a concession contract under a Public Private Partnership project for operating any berth or terminal within the port limits has been executed by the said Board. **29. Ship-owner's lien for freight and other charges.—(1) If the master or owner of any vessel or** his agent, at or before the time of landing from such vessel or any goods at any port asset belonging to or in the occupation of the Board of the Major Port, gives to such Board a notice in writing that such goods are to remain subject to a lien for freight or other charges payable to the ship-owner, to an amount to be mentioned in such notice, such goods shall continue to be liable to such lien to such amount. (2) The goods shall be retained in the custody of the Board at the Board's designated storage or godown or warehouse stations at the risk and expense of the owners of the goods until such lien is 13 ----- discharged and godown or storage rent shall be payable by the party entitled to such goods for the time during which they may be so retained. (3) Upon the production, before any officer appointed by the Board in that behalf, of a document purporting to be a receipt for, or release from, the amount of such lien, executed by the person by whom or on whose behalf such notice has been given, the Board may permit such goods to be removed without regard to such lien, provided that the Board shall have used reasonable care in respect to the authenticity of such document. **30. Sale of goods and application of sale proceeds in certain cases.—(1) The Board may, after** expiry of such time and in such manner as stipulated in section 48 of the Customs Act, 1962 (52 of 1962), sell any goods that have passed or placed into the custody of the Board upon landing thereof— (a) if any rates payable to the Board in respect of such goods have not been paid; or (b) if any rent payable to the Board in respect of any place on or in which such goods have been stored has not been paid; or (c) if any lien of any ship-owner or Container Freight Station or Inland Container Depot for freight or other charges of which notice has been given has not been discharged and if the person claiming such lien for freight or other charge has made to the Board an application for such sale; or (d) if such goods are not removed by the owner or the person entitled thereto from the premises of the Board: Provided that the Board may authorise any concessionaire appointed by it under the Public Private Partnership project for operating any berth or terminal within the port limits to sell such goods: Provided further that any such authorisation by the Board shall be subject to the terms and conditions of the concession agreement entered into by the Board with such concessionaire. (2) The proceeds of sale of goods under sub-section (1) shall be applied in the manner as provided in section 150 of the Customs Act, 1962 (52 of 1962). (3) Notwithstanding anything contained in this section, controlled goods may be sold at such time and in such manner as the Central Government may direct. _Explanation.-- For the purposes of this section, the expression “controlled goods” means the_ goods, the price or disposal of which is regulated under any law for the time being in force. **31. Recovery of rates and charges by distraint of vessel.—(1) If the master of any vessel in** respect of which any rates or penalties are payable under this Act, or under any regulations or orders made in pursuance thereof, refuses or neglects to pay the same or any part thereof on demand, the Board on its own or on request of the concessionaire appointed by the Board under the Public Private Partnership project, may distrain or arrest such vessel and the tackle, apparel and furniture belonging thereto, or any part thereof, and detain the same until the amount so due to the Board or such concessionaire, together with such further amount as may accrue for any period during which the vessel is under distraint or arrest, is paid. (2) In case any part of the said rates or penalties, or of the cost of the distress or arrest, or of the keeping of the same, remains unpaid for the space of fifteen days next after any such distress or arrest has been so made, the Board on its own or on request of such concessionaire may cause the vessel or other thing so distrained or arrested to be sold, and, with the proceeds of such sale, shall satisfy such rates or penalties and costs, including the costs of sale remaining unpaid, rendering the surplus (if any) to the master of such vessel on demand. **32. Application to Adjudicatory Board.—Any person aggrieved by any action of the Board** while exercising its powers under sections 22 to 31 (except section 29), may approach the Adjudicatory Board constituted under section 54 by filing an application before it in such form, manner and on payment of such fee, as may be prescribed. 14 ----- CHAPTER IV POWERS OF BOARDS OF MAJOR PORT AUTHORITIES IN RESPECT OF LOANS AND SECURITIES A. FINANCIAL POWERS OF BOARDS OF MAJOR PORT AUTHORITIES **33. Power to raise loans and issue securities.—(1) The Board may for the purposes of its capital** expenditure and working capital requirements raise loans in any currency or currencies from any— (a) scheduled bank or financial institution located within India; or (b) financial institution in any country outside India in compliance with the laws for the time being in force: Provided that no loan or loans exceeding a sum equivalent to fifty per cent. of the capital reserves of the Board shall be raised by the Board without the previous sanction of the Central Government. (2) The loans may be raised by Board in the open market within India and in any country outside India on port securities including but not limited to debentures, bonds and stock certificates issued by the Board or may be obtained from the Central Government or a State Government: Provided that no loans shall be raised from and no securities shall be issued to any person resident outside India without complying with the Foreign Exchange Management Act, 1999 (42 of 1999), the circulars and guidelines issued by the Reserve Bank of India, the Foreign Direct Investment Policy issued by the Central Government and any other law for the time being in force. (3) The holder of any port security in any form may obtain in exchange thereof, upon such terms as the Board may from time to time determine, a port security in such form as may be specified by the regulations made by the Board. (4) The right to sue in respect of monies secured by port securities shall be exercisable by the holders thereof subject to the provisions of the Limitation Act, 1963 (36 of 1963). (5) Nothing contained in this Act shall be deemed to affect the power of the Boards of Major Port Authorities to raise loans under the Local Authorities Loans Act, 1914 (9 of 1914). (6) Notwithstanding anything contained in this Act, the Board may borrow monies by means of temporary overdraft or otherwise by pledging the securities held by the Board in its reserve funds or on the security of the fixed deposits of the Board in its banks: Provided that such temporary overdrafts or other loans shall not be taken, without previous sanction of the Central Government, if at any time in any year the amount of such overdrafts or other loans exceeds a sum equivalent to fifty per cent. of the capital reserves of the Board: Provided further that all monies so borrowed by temporary overdrafts or otherwise shall be expended for the purposes of this Act. **34. Endorsements to be made on security itself.—Notwithstanding anything contained in** section 15 of the Negotiable Instruments Act, 1881 (26 of 1881), no endorsement of a port security, which is transferable by endorsement, shall be valid unless made by the signature of the holder inscribed on the back of the security itself. **35. Endorser of security not liable for amount thereof.—Notwithstanding anything contained in** the Negotiable Instruments Act, 1881 (26 of 1881), a person shall not by reason only of his having endorsed any port security be liable to pay any monies due, either as principal or as interest thereunder. **36. Recognition as holder of port securities in certain cases and legal effect thereof.—(1) The** person to whom a duplicate or new security has been issued under the regulations made by the Board shall be deemed for the purposes of sub-section (2) to have been recognised by the Board as the holder of the security; and a duplicate security or a new security so issued to any person shall be deemed to constitute a new contract between the Board and such person and all persons deriving title thereafter through him. 15 ----- (2) No recognition by the Board of a person as the holder of a port security shall be called in question by any court so far as such recognition affects the relations of the Board with the person recognised by it as the holder of a port security or with any person claiming an interest in such security; and any such recognition by the Board of any person shall operate to confer on that person a title to the security or securities subject only to a personal liability to the rightful owner of the security for money had and received on his account. **37. Discharge in certain cases.—Notwithstanding anything contained in the Limitation Act, 1963** (36 of 1963).— (a) on payment of the amount due on a port security on or after the date on which payment becomes due; or (b) when a duplicate security has been issued under the regulations made by the Board under sub-section (1) of section 36; or (c) when a new security has been issued upon conversion, consolidation or sub-division under the regulations made by the Board, the Board shall be discharged from all its liability in respect of the security so paid or in place of which a duplicate or new security has been issued— (i) in the case of payment after the lapse of six years from the date on which payment was due; (ii) in the case of a duplicate security after the lapse of six years from the date of the issue thereof or from the date of the last payment of interest on the original security, whichever date is later; (iii) in case of a new security issued upon conversion, consolidation or sub-division after the lapse of six years from the date of the issue thereof. **38. Security for loans taken out by Boards of Major Port Authorities.—If a loan is raised by** the Board of any Major Port and a security other than the port security is required to be furnished to secure such loan, the Board of that Major Port may secure such loan against— (a) the port assets other than— (i) any sum set apart by the Board— (A) as the sinking fund for the purpose of paying off any loan; or (B) for the payment of pension to its employees; or (ii) the provident or pension fund established by the Board; and (b) income of the Board from the port assets and services. **39. Power of Board to repay loans to Government before due date.—The Board may apply any** sums, out of monies which may come into its hands under the provisions of this Act and which can be so applied without prejudicing the security of the other holders of port securities, in repaying to the Government any sum which may remain due to it in respect of the principal account of any loan although the time fixed for the repayment of the same may not have arrived. **40. Establishment and application of sinking fund.—(1) In respect of loans raised by the** respective Board of the Major Port Authorities under this Act, which are not repayable before the expiration of one year from the date of such loans, such Boards shall set apart out of their income enough sinking fund or funds to service or liquidate such loans for a period of at least one year. (2) Before the commencement of this Act, if any sinking fund had been established by the Board of Trustees constituted under the Major Port Trusts Act, 1963 (38 of 1963) in respect of a loan raised by it for which loan, the Board is liable under this Act and the sinking fund so established by that Board of Trusts shall be deemed to have been established by the Board under this Act. (3) The sums so set apart by the Board under sub-section (1) and the sums forming part of any sinking fund referred to in sub-section (2) shall be applied in such manner as may be prescribed. 16 ----- (4) The Board may apply the whole or any part of the sums accumulated in any sinking fund in or towards the discharge of the monies borrowed for the repayment of which the fund has been established: Provided that the Board pays into the fund in each year, and accumulates until the whole of the monies borrowed are discharged, a sum equivalent to the interest which would have been produced by the sinking fund, or the part of the sinking fund so applied. **41. Existing loans and securities to continue.— Notwithstanding anything contained in this Act,** all loans raised or borrowed and all securities issued or pledged in relation to a Major Port prior to the commencement of this Act shall continue to be governed in accordance with the provisions of the Major Port Trusts Act, 1963 (38 of 1963). B. GENERAL ACCOUNT OF MAJOR PORT AUTHORITIES **42. General accounts of Board.—All monies received by or on behalf of the Board under the** provisions of this Act shall be credited to such general account or accounts of the Board which the Board may from time to time generally open with any Nationalised Bank or any Scheduled Bank as per the guidelines of the Ministry of Finance, Government of India. **43. Application of money in general accounts.—(1) The monies credited to the general account** or accounts under section 42, shall be applied by the Board in payment of the following charges, namely:— (a) the salaries, fees, allowances, pensions, gratuities, compassionate allowances or other monies due to— (i) the Members of the Board except Members appointed under clauses (d), (e) and (f) of sub-section (1) of section 3; (ii) the serving and retired employees of the Board; and (iii) the surviving relatives, if any, of such employees; (b) the cost and expenses, if any, incurred by the Board in the conduct and administration of any provident or welfare fund or loan or special fund established by the Board; (c) the maintenance, development, security and protection of the Board and the docks, warehouses and other port assets; (d) the cost of repairs and maintenance of the property belonging to or vested in the Board and all charges upon the same and all working expenses; (e) the costs, expenses, sums, payments and contributions to be made or incurred by the Board for the purposes provided under sections 25 and 26; and (f) any other charge or expenditure for which the Board may be legally liable. (2) All monies standing to the credit of the Board which cannot immediately be applied in the manner or for the purposes specified in sub-section (1) may be used for such lawful purposes as the Board may from time to time decide. (3) Notwithstanding anything contained in section 42 and sub-sections (1) and (2), monies received by or on behalf of the Board from non-port related use except those falling under section 70 shall be credited to a designated account and shall be applied by the Board for capital investment or for such purposes as may be prescribed. C. ACCOUNTS AND AUDIT **44. Accounts and audit.—(1) The Board shall prepare a budget, maintain proper accounts and** other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. 17 ----- (2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India or such other person as may be appointed by him in this behalf and any amount payable to him by the Board in respect of such audit shall be debitable to the general account of the Board. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Board under this Act shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the Authority. (4) The accounts of the Board, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Board and the Central Government shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament. CHAPTER V SUPERVISION OF CENTRAL GOVERNMENT **45. Administration report.—As soon as may be after the first day of April in every year and not** later than such date as may be fixed by the Central Government, the Board shall submit to the Central Government a detailed report of the administration of the Board during the preceding year ending on the thirty-first day of March, in such form as the Central Government may direct. **46. Power of Central Government to order survey or examination of works of Board.—The** Central Government may, at any time, order a local survey or examination of any works of the Board, or the intended site thereof and the cost of such survey and examination shall be borne and paid by the Board from and out of the monies credited to its general account. **47. Power of Central Government to restore or complete works at cost of Board.—(1) If, at** any time, the Central Government is of the opinion that the inaction by any Board in repairing, completing, restoring, carrying out or providing any work or appliance mentioned in sub-section (2) has led to a grave emergency, the Central Government may cause such work to be restored or completed or carried out, or such repairs to be carried out or such appliance to be provided and the cost of any such restoration, completion, construction, repair or provision shall be paid by the concerned Board from and out of the monies credited to its general account. (2) The following actions or omissions may be considered to have led to grave emergency under sub-section (1), if any Board— (a) allows any work or appliance constructed or provided by, or vested in, the Board to fall into disrepair; or (b) does not, within a reasonable time, complete any work commenced by the Board or included in any estimate sanctioned by the Central Government; or (c) does not, after due notice in writing, proceed to carry out effectually any work or repair or provide any appliance which is necessary in the opinion of the Central Government for the purposes of this Act. **48. Power of Central Government to take over management of Board.—(1) If, at any time, the** Central Government is of the opinion- (a) any Board is unable to perform the duties imposed on it by or under the provisions of this Act or of any other law for the time being in force; or (b) that any Board has persistently made defaults in performance of the duties imposed upon it by or under the provisions of this Act or of any other law for the time being in force and as a result of such default, the financial position or the administration of that Board has greatly deteriorated, 18 ----- the Central Government may, by notification, take over the management of that Board for such period, not exceeding twelve months at a time, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the Central Government shall give a reasonable time of not less than three months to the Board to show-cause why its management should not be taken over and shall consider the explanations and objections, if any, of that Board. (2) Upon the publication of a notification under sub-section (1) for taking over the management of the Board, — (a) all the Members of the Board shall, as from the date of taking over, stand removed from their respective office or position in the Board; (b) all the powers and duties which may, by or under the provisions of this Act or of any other law for the time being in force, to be exercised or performed by or on behalf of the Board, shall be exercised and performed by such person or persons as the Central Government may direct in this behalf until the Board is reconstituted under clause (b) of sub-section (3); (c) all property vested in the Board shall, until the Board is reconstituted under clause (b) of sub-section (3), vest in the Central Government. (3) On the expiration of the period of taking over specified in the notification issued under sub-section (1) or at any time prior to such expiration, the Central Government may, by notification,.— (a) extend the period of taking over the management of the Board for such further term, not exceeding twelve months, as it may consider necessary; or (b) re-constitute the Board by making fresh appointment to all posts of the Board on such terms and conditions as the Central Government may consider necessary, and in such case, any person who stand removed from their offices under clause (a) of sub-section (2) shall be deemed disqualified for appointment. **49. Laying of report.—For any action or actions taken under sections 47 and 48 and any** notification issued under section 48, the Central Government shall prepare and cause a full report of any such action or actions and notification and the circumstances leading to such action to be laid before each House of Parliament. **50.** **Power** **of** **Central** **Government** **to** **exempt** **from** **obligation** **to** **use** **port** **assets.—Notwithstanding anything contained in this Act, the Central Government may, in the interest** of security of the nation or on account of a grave emergency, by general or special order, from time to time, permit certain specified vessels or classes of vessels to discharge or ship goods or certain specified goods or classes of goods, at such place in a Major Port or within the Major Port approaches, in such manner, during such period and subject to such payments to the concerned Board in relation to such Major Port or such Major Port approaches and on such conditions as the Central Government may think fit. **51. Board not to sell, alienate or divest its assets, properties, rights, powers and** **authorisations without sanction of Central Government.—The Board shall not sell, alienate or** divest its assets, properties, rights, powers and authorisations vested in it under this Act without the prior sanction of the Central Government. **52. Remedies of Government in respect of loans made to Board.—(1) The Central Government** or a State Government, from the date of commencement of this Act, shall have, in respect of loans made by it to the Board or of loans made to any other authority for the repayment of which the Board is legally liable on such commencement, the same remedies and priority as applicable under the Major Port Trusts Act, 1963 (38 of 1963) as if this Act had not been passed. (2) For prospective loans by the Central or State Governments or of loans made by any other authority, the remedies would be the same as available to the holders of port securities issued by the 19 ----- Board unless priority or greater rights are granted by the Board in respect of such loans within the respective loan agreements. **53. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing** provisions of this Chapter, the Board shall in discharge of its functions under this Act, be bound by such directions on question of policy as the Central Government may give in writing from time to time: Provided that the Board shall be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Central Government on whether a question is one of the policy or not shall be final and binding on the Board. CHAPTER VI CONSTITUTION OF ADJUDICATORY BOARD **54. Constitution of Adjudicatory Board.—(1) The Central Government shall, by notification,** constitute, with effect from such date as may be specified therein, a Board to be known as the Adjudicatory Board to exercise the jurisdiction, powers and authority conferred on such Adjudicatory Board by or under this Act: Provided that until the constitution of the Adjudicatory Board, the Tariff Authority for Major Ports constituted under section 47A of the Major Port Trusts Act, 1963 (38 of 1963) shall discharge the functions of the Adjudicatory Board under this Act and shall cease to exist immediately after the constitution of the Adjudicatory Board under this Act: Provided further that on and from the date of constitution of the Adjudicatory Board— (a) all the assets and liabilities of the Tariff Authority for Major Ports shall stand transferred to, and vested in, the Adjudicatory Board. _Explanation.— For the purposes of this clause, the assets of the Tariff Authority for Major_ Ports shall be deemed to include all rights and powers, all properties, whether movable or immovable, including, in particular, cash balances, deposits and all other interests and rights in, or arising out of, such properties as may be in the possession of the Tariff Authority for Major Ports, and all books of account and other documents relating to the same, and liabilities, shall be deemed to include all debts, liabilities and obligations of whatever kind; (b) without prejudice to the provisions of clause (a), all debts, obligations and liabilities incurred, all contracts entered into, and all matters and things engaged to be done by, with or for the Tariff Authority for Major Ports before that date, for or in connection with the purpose of the said Tariff Authority for Major Ports, shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Adjudicatory Board; (c) all sums of money due to the Tariff Authority for Major Ports immediately before that date shall be deemed to be due to the Adjudicatory Board; (d) all suits and other legal proceedings instituted or which might have been instituted by or against the Tariff Authority for Major Ports immediately before that date may be continued or may be instituted by or against the Adjudicatory Board; (e) every employee serving under the Tariff Authority for Major Ports immediately before such date shall become an employee of the Adjudicatory Board and shall hold his office or service therein by the same tenure without any change or derogation of the terms and conditions of service held with the Tariff Authority for Major Ports: Provided that the tenure, remuneration and terms and conditions of service of any such employee shall not be altered to their disadvantage without the previous sanction of the Central Government; 20 ----- (f) every person who was receiving any retirement benefits from the Tariff Authority for Major Ports immediately before such date, shall continue to receive the same benefit from the Adjudicatory Board: Provided that the retirement benefits of such person shall not be altered by the Adjudicatory Board to his disadvantage without the previous sanction of the Central Government. (2) The head office of the Adjudicatory Board shall be at such a place as may be notified by the Central Government: Provided that the Adjudicatory Board may hold its sittings at such other places as the Presiding Officer may decide from time to time, having taken into consideration the convenience to decide the disputes referred to it. **55. Composition of Adjudicatory Board.—The Adjudicatory Board shall consist of a Presiding** Officer and two other members, as may be appointed by the Central Government. **56. Qualifications, terms and conditions of service of Presiding Officer and members of** **Adjudicatory Board.—(1) A person shall not be qualified for appointment as the Presiding Officer** of the Adjudicatory Board unless he is—retired Judge of the Supreme Court of India or a retired Chief Justice of a High Court. (2) A person shall not be qualified for appointment as a member of the Adjudicatory Board unless he is— (a) a retired Chief Secretary of a State Government or equivalent; or (b) a retired Secretary of the Government of India or equivalent, and has an experience of not less than twenty years in the field of finance, commerce, administration, maritime, shipping or port related matters. (3) The Presiding Officer and members of the Adjudicatory Board shall be appointed by the Central Government on the recommendation of a Selection Committee consisting of the Chief Justice of India or his nominee, the Secretary of the Department dealing with Shipping and such other persons, and in such manner as may be prescribed. (4) The Presiding Officer and members of the Adjudicatory Board shall hold office for a term not exceeding five years from the date on which they enter upon their office or until they attain the age of seventy years, whichever is earlier. (5) The salaries and allowances payable to, and the other terms and conditions of service of, the Presiding Officer and members of the Adjudicatory Board shall be such as may be prescribed: Provided that neither the salary and allowance nor other terms and conditions of service of the Presiding Officer or members of the Adjudicatory Board shall be varied to their disadvantage after their appointment. **57. Removal and suspension of Presiding Officer and members of Adjudicatory Board.—(1)** The Central Government may, in consultation with the Chief Justice of India or his nominee, remove from office of the Presiding Officer, who— (a) has been adjudged as an insolvent; (b) has become physically or mentally incapable of acting as such Presiding Officer or member; (c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such Presiding Officer or member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. 21 ----- (2) Without prejudice to the provisions of sub-section (1), the Presiding Officer shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by the Chief Justice of India or his nominee on a reference made to him by the Central Government in which such Presiding Officer has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (3) The Central Government may, with the concurrence of the Chief Justice of India suspend from office, the Presiding Officer in respect of whom reference has been made to the Chief Justice of India under sub-section (2) until the Central Government has passed orders on receipt of the report of the Chief Justice of India on such reference. (4) The Central Government shall, after consultation with the Supreme Court, make rules to regulate the procedure for the inquiry on the ground of proved misbehaviour or incapacity referred to in sub-section (2). (5) Without prejudice to the provisions of sub-section (1), a member of the Adjudicatory Board shall not be removed from his office except by an order made by the Central Government on the ground of his proved misbehaviour or incapacity, after an inquiry, held in accordance with the procedure prescribed in this behalf by the Central Government, come to the conclusion that the member ought to be removed on any such ground referred to in sub-section (1). (6) The Central Government may suspend any member of the Adjudicatory Board in respect of whom an inquiry under sub-section (5) is being initiated or pending until the Central Government has passed an order on receipt of the report of the inquiry. **58. Powers and functions of Adjudicatory Board.—(1) The Adjudicatory Board referred to in** section 54 shall perform the following functions, other than tariff setting, namely:— (a) the functions envisaged to be carried out by the erstwhile Tariff Authority for Major Ports arising from the Tariff Guidelines of 2005, 2008, 2013, 2018 and 2019 and tariffs orders issued by the said Authority; (b) to receive and adjudicate reference on any dispute or differences or claims relating to rights and obligations of Major Ports and Public Private Partnership concessionaires or captive users for dedicated berth within the framework of their concession agreements and to pass orders after considering and hearing all the parties involved in the dispute; (c) to appraise, review the stressed Public Private Partnership projects as referred by the Central Government or the Board, and to suggest measures to revive such projects; (d) to look into the complaints received from port users against the services and terms of service rendered by the Major Ports or the private operators operating in the Major Ports and to pass necessary orders after hearing the parties concerned; and (e) to look into any other matter relating to the operations of the Major Port, as may be referred to it by the Central Government or the Board, and to pass orders or give suggestions, as the case may be. (2) The procedure to be adopted by the Adjudicatory Board, while discharging its functions referred to in sub-section (1), as well as other matters related to funding, accounts and audit of such Board shall be such as may be prescribed. (3) Notwithstanding anything contained in any other law for the time being in force, while exercising the powers under sub-section (1), the Adjudicatory Board shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:— (a) the discovery and production of books of account and other documents, at such place and at such time as may be specified by the Adjudicatory Board; (b) summoning and enforcing the attendance of persons and examining them on oath; 22 ----- (c) issuing commissions for the examination of witnesses or documents; and (d) any other matter which may be prescribed. (4) Any proceeding before the Adjudicatory Board, shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 and for the purposes of section 196 of the Indian Penal Code (45 of 1860), and the Adjudicatory Board shall be deemed to a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). **59. Bar of jurisdiction of any court.—No other court shall have jurisdiction to entertain any suit** for proceeding in respect of any matter falling within the scope of the Adjudicatory Board under this Act: Provided that the provisions of this section shall not apply to matters stated in section 58 that are referred to arbitration by the concerned parties within the framework of their respective contracts or concession agreements. **60. Review and appeal.—(1) Any party aggrieved by any decision or order of the Adjudicatory** Board under this Act, from which an appeal is allowed under sub-section (2), but from which no appeal has been preferred, may apply for a review of such decision before the Adjudicatory Board, in such form and manner and within such time, as may be prescribed, and the said Board may make such order thereon, as it thinks fit. (2) Any party aggrieved by any decision or order of the Adjudicatory Board, may file an appeal to the Supreme Court of India, within sixty days from the date of communication of such decision or order to him: Provided that no appeal shall lie from a decision or order passed by the Adjudicatory Board with the consent of parties: Provided further that the Supreme Court may, entertain any appeal after the expiry of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal. **61. Officers and employees of Adjudicatory Board.—(1) The Adjudicatory Board may, with the** previous approval of the Central Government, appoint officers and such other employees as it considers necessary for the efficient discharge of its functions under this Act. (2) The salaries and allowances payable to and other terms and conditions of service of the officers and employees of the Adjudicatory Board, shall be such as may be prescribed. CHAPTER VII PENALTIES **62. General provision for punishment of offences.—Any person who contravenes any of the** provisions of this Act or any rule, regulation or order made thereunder, shall be punishable with fine which may extend to one lakh rupees. **63. Offences by companies.—(1) If the person committing an offence under this Act is a** company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, 23 ----- or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section, the expressions—_ (a) "company" means a body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. CHAPTER VIII MISCELLANEOUS **64. Cognizance of offences.—No court inferior to that of a Metropolitan Magistrate or Judicial** Magistrate of the first class shall try any offence punishable under this Act or any rule or regulation made thereunder. **65. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against** the Board or any Member or employee thereof or the Adjudicatory Board or the Presiding Officer or any member or employee thereof in respect of anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder, or for any deficiency of service or any consequential losses on account of deficiency in services. **66. Employees of Board or Adjudicatory Board to be public servants.—Every person** employed by the Board or the Adjudicatory Board under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **67. Application of other laws not barred.—The provisions of this Act shall be in addition to and** not in derogation of the provisions of any other law for the time being in force. **68. Power to evict certain persons from premises of Board.—(1) Notwithstanding anything** contained in any other law for the time being in force, the Board in exercise of the powers conferred on it by regulations made under this Act or by invoking the contractual remedies available to the Board may cancel the allotment of any premises made to any employee of the Board or any other person or evict an employee of the Board or any person in occupation of any port asset or premises or area in the port limits, by notice in writing, addressed to such allottee or employee or other person who may be in occupation or possession thereof in violation of the regulations specified or formulated by the Board: Provided that such notice shall indicate the reasons for cancellation of allotment or eviction or removal along with the period within which the removal or eviction is sought and recovery of the sums of dues in arrears and also for the extended unauthorised use of such premises. (2) If any allottee or employee or other person is aggrieved by the order made under sub-section (1), then the said allottee or employee or other person may appeal against the order with the compensation officer so appointed by the Board within thirty days from the receipt of the order under sub-section (1). (3) If any allottee or employee or other person refuses or fails to comply with an order made under sub-section (1), then any Magistrate of the First Class may, on application made by or on behalf of the Board, order any police officer, with proper assistance, to enter into the premises and evict any person from, and take possession of, the premises and to deliver the same to the Board or a person appointed by the Board in that behalf and the police officer may, for the purpose, use such force as may be necessary. (4) Any such notice as is referred to in sub-section (1) may be served- (a) by delivering or tendering it to the allottee or employee or any other person who may be in occupation or possession of the whole or any part of the premises; or 24 ----- (b) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises; or (c) by registered post; or (d) by publishing in the local newspaper having circulation in the area. _Explanation.— For the purposes of this section, the expression "premises" means any land,_ building or part of a building which is part of port assets and includes— (i) areas such as canteens, gardens, grounds and out-houses, if any, appertaining to such building or part of a building; (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; and (iii) any furniture, books or other things belonging to the Board and found in such building or part of a building. **69. Alternate remedy by suit.—Without prejudice to any other action that may be taken under** this Act, the Board may recover by suit any rates, damages, expenses, costs, or in case of sale the balance thereof, when the proceeds of sale are insufficient, or any penalties payable to, or recoverable by, the Board under this Act or under any regulations made in pursuance thereof. **70. Corporate Social Responsibility and development of infrastructure by Board.—(1) The** Board may use its funds for providing social benefits including development of infrastructure in areas of education, health, housing, accommodation, skill development, training and recreational activities for its own employees, customers, business partners, Government and Non-Government Organisation, local communities, environment and society at large. (2) The manner of utilisation of funds for the Corporate Social Responsibility shall be such, as may be prescribed. Explanation.—For the purposes of this section, the expression "Corporate Social Responsibility" means the activities, to be undertaken by the concerned Major Port, as referred to in sub-section (1) and section 135 of the Companies Act, 2013 (18 of 2013). **71. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the composition of the Selection Committee and the manner of appointment of the Chairperson and Deputy Chairperson of the Board under sub-section (1) of section 4; (b) the manner of appointment of Members of the Board under sub-sections (2) and (3) of section 4; (c) the procedure for conducting any inquiry made under sub-section (2) of section 5; (d) the honorarium payable to the Independent Members under section 11; (e) the parameters for creation of Master Plan under section 25; (f) the norms for fixation and implementation of scales, fees, rates and conditions under sub section (1) of section 27; (g) the form, manner and fees for filing application before the Adjudicatory Board under section 32; (h) the manner of applying the sums under sub-section (3) of section 40; (i) the purposes for which the monies received by the Board shall be applied under sub-section (3) of section 43; 25 ----- (j) the form in which the Board shall prepare an annual report under sub-section (1) of section 44; (k) the manner of appointment of the Presiding Officer and members of the Adjudicatory Board under sub-section (3) of section 56; (l) the salaries and allowances payable to and other terms and conditions of services of the Presiding Officer and members of the Adjudicatory Board under sub-section (5) of section 56; (m) the procedure for conducting an inquiry under sub-section (5) of section 57; (n) the procedure to be adopted by the Adjudicatory Board under sub-section (2) of section 58; (o) other functions of the Adjudicatory Board under clause (d) of sub-section (3) of section 58; (p) the form and manner for applying of a review before the Adjudicatory Board under sub section (1) of section 60; (q) the salaries and allowances payable to and the other terms and conditions of service of officers and employees of the Adjudicatory Board under sub-section (2) of section 61; (r) the manner of utilisation of funds for Corporate Social Responsibility under sub-section (2) of section 70; and _(s) any other matter which is required to be, or may be, prescribed, or in respect of which_ provision is to be made, by rules. **72. Power of Board to make regulations.—(1) The Board may, with the previous approval of the** Central Government and after previous publication, by notification, shall make regulations consistent with this Act and the rules made there under to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) rules of procedure for transaction of business under sub-section (1) of section 13; _(b) rules of procedure for transaction of business under sub-section (2) of section 14;_ (c) the appointment of employees under clause (b) of sub-section (1) of section 18; (d) the use and development of the port assets under sub-section (2) of section 22; (e) the form and manner in which contracts shall be made by the Board under sub-section (3) of section 24; (f) the purposes of planning and development of Major Port under sub-section (1) of section 26; (g) the form of port security under sub-section (3) of section 33; (h) the issuance of duplicate or new security under sub-section (1) of section 36; and (i) any other matter which is required to be, or may be, specified by the regulations or in respect of which provision is to be made by the regulations. **73. Laying of rules and regulations.—Every rule made by the Central Government, every** regulation made by the Board and every notification issued by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, regulation or notification or both Houses agree that the rule, regulation or notification should not be made, the rule, regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or notification. 26 ----- **74. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made in respect of a Major Port after the expiry of a period of three years from the date on which this Act is made applicable to that Major Port. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **75. Repeal and savings.—(1) The Major Port Trusts Act, 1963 (38 of 1963) is here by repealed.** (2) Notwithstanding the repeal of the Major Port Trusts Act, 1963 (38 of 1963) under sub-section (1),— (a) anything done primarily by the Board of Trustees and Tariff Authority for Major Ports under the Major Port Trusts Act, 1963 (38 of 1963) in respect of any rule, notification, inspection, order or notice made or issued or any appointment or declaration made or any operation undertaken or any direction given or any proceeding taken or any penalty, punishment, forfeiture or fine imposed under the Major Port Trusts Act, 1963, shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any order, rule, notification, regulation, appointment, conveyance, mortgage, deed, trust, special purpose vehicle, joint venture, document or agreement made, fee directed, resolution passed, direction given, proceeding taken, instrument executed or issued, or thing done under or in pursuance of the repealed Major Port Trusts Act, 1963 (38 of 1963), shall, if in force at the commencement of this Act and not inconsistent with the provisions of this Act, continue to be in force, and shall have effect as if made, directed, passed, given, taken, executed, issued or done under or in pursuance of this Act; (c) any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure or existing usage, custom, privilege, restriction or exemption shall not be affected, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in, or from, the repealed Major Port Trusts Act, 1963 (38 of 1963); (d) any person appointed to any office under or by virtue of the repealed Major Port Trusts Act, 1963 (38 of 1963) shall be deemed to have been appointed to that office under or by virtue of this Act; (e) any jurisdiction, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not in existence or in force shall not be revised or restored; (f) any documents and any funds constituted and established under the repealed enactments shall be deemed to be documents and funds constituted or established under the corresponding provisions of this Act; (g) any prosecution instituted under the repealed enactments and pending immediately before the commencement of this Act before any Court shall, subject to the provisions of this Act, continue to be heard and disposed of by the said Court; (h) any inspection, investigation or inquiry ordered to be done under the repealed Major Port Trusts Act, 1963 (38 of 1963) shall continue to be proceeded with as if such inspection, investigation or inquiry has been ordered under the corresponding provisions of this Act; and (i) the application of this Act to the port of Mumbai, the Bombay Port Trust Act, 1879 (6 of 1879) and the port of Kolkata, the Calcutta Port Act, 1890 (3 of 1890), in so far as the said Acts apply to municipal assessment of the properties of the port of Mumbai and port of Kolkata and matters connected therewith, shall continue to so apply. 27 ----- (3) The mention of particular matters in sub-section (2) shall not be held to prejudice the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal of the Major Port Trusts Act, 1963 (38 of 1963). **76. Transitional provision.—Notwithstanding anything contained in this Act, the Board of** Trustees functioning as such immediately before the commencement of this Act shall continue to so function until the Board for each Major Port is constituted under this Act, but on the constitution of such Board, under this Act, the Members of the Board of Trustees holding office before such constitution shall cease to hold office. 28 -----

28-Mar-2021

17

The National Bank for Financing Infrastructure and Development Act, 2021

https://www.indiacode.nic.in/bitstream/123456789/16802/1/AB2021__17.pdf

central

THE NATIONAL BANK FOR FINANCING INFRASTRUCTURE AND DEVELOPMENT ACT, 2021 _______________ ARRANGEMENT OF SECTIONS ______________ # CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement 2. Definitions. CHAPTER II ESTABLISHMENT AND INCORPORATION OF INSTITUTION 3. Establishment and incorporation of Institution. 4. Purposes and objectives of Institution. 5. Authorised share capital. CHAPTER III BOARD OF DIRECTORS AND MANAGEMENT 6. Board of Directors. 7. Management 8. Delegation of powers. 9. Term of office and other terms and conditions of service of Chairperson and other directors of Board. 10. Disqualification and removal of directors from office. 11. Removal of Chairperson and other directors in certain cases. 12. Vacation and resignation of office by directors. 13. Meetings of Board. 14. Defects in appointment not to invalidate acts, etc. 15. Committees of Board. 16. Disclosure of interest by members of Board or of committees. CHAPTER IV ACTIVITIES OF INSTITUTION 17. Functions and powers of Institution. 18. Prohibited business. 19. Related party transactions. 1 ----- # SECTIONS 20. Performance review of Institution. CHAPTER V GOVERNMENT GRANTS, GUARANTEES AND OTHER CONCESSIONS 21. Grants and contribution. 22. Concessional rate of Government guarantee. 23. Hedging costs. CHAPTER VI ACCOUNTS, AUDIT AND REPORT 24. Disposal of profit accruing to Institution, to reserve fund. 25. Preparation of balance sheet and accounts. 26. Audit. 27. Returns and report. CHAPTER VII MISCELLANEOUS 28. Receivables to be held in trust. 29. Setting up of other development financial institution. 30. Officers and employees. 31. Powers of Central Government to make rules. 32. Powers of Board to make regulations. 33. Rules and regulations to be laid before Parliament. 34. Protection of action taken in good faith. 35. Sanction for enquiry, inquiry, investigation and prosecution. 36. Appointment of directors by Institution to prevail. 37. Validity of loan or advance not to be questioned. 38. Obligations as to fidelity and secrecy. 39. Adjudication. 40. Indemnity of directors. 41. Bankers’ Books of Evidence Act, 1891 to apply in relation to the Institution. 42. Section 34A and 36AD of the Banking Regulation Act, 1949 to apply to Institution. 43. Liquidation of Institutions. 44. Powers of Central Government to issue directions. 45. Overriding effect of this Act. 46. Power to remove difficulties. 47. Amendment of Act 2 of 1934. 48. Amendment of Act 10 of 1949. The FIRST SCHEDULE The SECOND SCHEDULE The THIRD SCHEDULE 2 ----- # THE NATIONAL BANK FOR FINANCING INFRASTRUCTURE AND DEVELOPMENT ACT, 2021 ACT NO. 17 OF 2021 [28th March, 2021.] # An Act to establish the National Bank for Financing Infrastructure and Development to support the development of longterm non-recourse infrastructure financing in India including development of the bonds and derivatives markets necessary for infrastructure financing and to carry on the business of financing infrastructure and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title extent and commencement.—(1) This Act may be called the National Bank for** Financing Infrastructure and Development Act, 2021. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “Audit Committee” means the Audit Committee of the Board constituted under sub-section (1) of section 15; (b) “Board” means the Board of Directors constituted under section 6; (c) “Bureau” means a body which the Central Government may notify, for the purpose of recommending candidates for appointment of Managing Director and Deputy Managing Directors under sub-section (1) of section 6 and for removal of a director under clause (ii) of sub-section (1) of section 11; (d) “Chairperson” means the Chairperson of the Board appointed under clause (a) of sub-section (1) of section 6; (e) “committee” means a committee of the Board constituted under section 15; (f) “Deputy Managing Director” means the Deputy Managing Director appointed under clause (c) of sub-section (1) of section 6; (g) “director” includes a Chairperson, Managing Director, Deputy Managing Directors and other directors of the Board appointed or nominated under section 6; 1. 19th April, 2021- Sections 2, sub-sections (1), (2) and (4) of section 3, 4 to 14, sub-section (3) of section 15, 16 to 23 and 25 to 48 vide notification No. S.O. 1657(E), dated 16th April, 2021, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 19th April 2021-clause (2) of sub-section (1) of section 11, vide notification No. S.O. 1658(E), dated 19th April, 2021, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 30th November 2021-Sub-section (1), (2), (4) and (5) of section 15; and section (24), vide notification No. S.O. 4911(E), dated 30th November, 2021, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 3 ----- (h) “Executive Committee” means the Executive Committee of the Board constituted under sub section (2) of section 15; (i) “financial institution” shall have the meaning assigned to it in clause (m) of sub-section (1) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (j) “independent director” means the independent director of the Board appointed under clause (f) of sub-section (1) of section 6; (k) “infrastructure” means the sectors covered in the list of infrastructure sector notified by the Central Government from time to time; (l) “Institution” means the National Bank for Financing Infrastructure and Development established under section 3; (m) “insurer” shall have the meaning assigned to it in sub-section (9) of section 2 of the Insurance Act, 1938 (4 of 1938); (n) “Managing Director” means the director appointed under clause (b) of sub-section (1) of section 6; (o) “Nomination and Remuneration Committee” means the Nomination and Remuneration Committee of the Board constituted under sub-section (1) of section 15; (p) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (q) “pension fund” shall have the meaning assigned to it in clause (l) of sub-section (1) of section 2 of the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013); (r) “prescribed” means prescribed by rules made under this Act by the Central Government; (s) “regulations” means regulations made by the Board under this Act and includes the regulations made by the Reserve Bank under section 29; (t) “Reserve Bank” means the Reserve Bank of India established under the Reserve Bank of India Act, 1934 (2 of 1934); (u) “Risk Management Committee” means the Risk Management Committee of the Board constituted under sub-section (1) of section 15; (v) “Schedule” means a Schedule appended to this Act. (2) Words and expressions used but not defined in this Act but defined in the Indian Contract Act, 1872 (9 of 1872), the Indian Partnership Act, 1932 (9 of 1932), the Securities Contracts (Regulation) Act, 1956 (42 of 1956), the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), the Limited Liability Partnership Act, 2008 (6 of 2009) and the Companies Act, 2013 (18 of 2013), shall have the meanings respectively assigned to them in those Acts. CHAPTER II ESTABLISHMENT AND INCORPORATION OF INSTITUTION **3. Establishment and incorporation of Institution.—(1) There shall be established, for the purposes** of this Act, an Institution to be called the National Bank for Financing Infrastructure and Development as a development financial institution. (2) The Institution shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. 4 ----- (3) The head office of the Institution shall be in Mumbai. (4) The Institution may establish offices, branches or agencies at any place within or outside India. **4. Purposes and objectives of Institution.—(1) The Institution shall have developmental and financial** objectives as set out in sub-sections (2) and (3). (2) The developmental objective of the Institution shall be to co-ordinate with the Central and State Governments, regulators, financial institutions, institutional investors and such other relevant stakeholders, in India or outside India, to facilitate building and improving the relevant institutions to support the development of long term non-recourse infrastructure financing in India including the domestic bonds and derivatives markets. (3) The financial objective of the Institution shall be to lend or invest, directly or indirectly, and seek to attract investment from private sector investors and institutional investors, in infrastructure projects located in India, or partly in India and partly outside India, with a view to foster sustainable economic development in India. **5. Authorised share capital.—(1) The authorised share capital of the Institution shall be one hundred** thousand crore rupees divided into ten thousand crores of fully paid-up shares of ten rupees each: Provided that the Board may increase or reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide: Provided further that the Board may, in consultation with the Central Government, increase or reduce the authorised capital subject to the shares in all cases being fully paid-up shares. (2) The issued share capital of the Institution shall, on such date as may be notified by the Central Government, stand allotted to the Central Government. (3) Shares of the Institution may be held by the Central Government, multilateral institutions, sovereign wealth funds, pension funds, insurers, financial institutions, banks, and any such institution as may be prescribed: Provided that the Central Government shall hold at least twenty-six per cent. of the shares of the Institution at all times. (4) The Board may, with the prior approval of the Central Government, reduce its share capital, including by way of buy-back of shares. CHAPTER III BOARD OF DIRECTORS AND MANAGEMENT **6. Board of Directors.—(1) The Board of Directors of the Institution shall consist of the following,** namely:— (a) a Chairperson, to be appointed by the Central Government in consultation with the Reserve Bank; (b) a Managing Director, to be appointed by the Board, on the recommendations of the Bureau and subject to such procedure and clearances from such agencies, as may be determined by the Central Government; (c) not more than three Deputy Managing Directors, each of whom shall be appointed by the Board, on the recommendations of the Bureau and subject to such procedure and clearances from such agencies, as may be determined by the Central Government; (d) two directors, to be nominated by the Central Government, who shall be the officials of the Central Government; 5 ----- (e) such number of directors not exceeding three, elected by shareholders in such manner as may be prescribed, such that a shareholder, other than the Central Government, holding ten per cent. or more of the total issued equity share capital may nominate one director; (f) such number of independent directors not exceeding three or one-third of the total number of directors on the Board, whichever is higher, to be appointed by the Board on the recommendations of the Nomination and Remuneration Committee: Provided that if the percentage of holding of issued equity share capital with the shareholders does not permit election of three directors or until the assumption of charge by the directors elected by the shareholders, the Board may at any time co-opt such number of independent directors, not exceeding three, to be appointed by the Board on the recommendations of the Nomination and Remuneration Committee, who shall hold office until the assumption of charge by the directors elected by the shareholders and an equal number of such co-opted independent directors shall retire in the order of co-option: Provided further that at least one of the directors specified in clause (e) or in clause (f) shall be a woman. (2) The Managing Director and Deputy Managing Directors shall be whole-time directors of the Board. (3) No person who is a salaried officer or other employee of the Institution shall be appointed as a director of the Board except to the post of a Managing Director or a Deputy Managing Director. (4) The Chairperson shall preside over the meetings of the Board. (5) The terms and conditions of induction of independent directors to the Board under clause (f) of sub section (1) shall be such as may be prescribed. (6) The directors appointed under clauses (d) and (f) of sub-section (1) shall be deemed to be independent directors under the Companies Act, 2013 (18 of 2013), for the purpose of immunities available to independent directors. **7. Management.—(1) The general superintendence, direction and management of the affairs and** business of the Institution shall vest in the Board which shall exercise all powers and do all acts and things which may be exercised or be done by the Institution. (2) Subject to the provisions of this Act, the Board in discharging its functions shall act on business principles. **8. Delegation of powers.—The Board may, by general or special order, delegate to any director or** committee constituted under this Act or to any officer or other employee of the Institution, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary. **9. Term of office and other terms and conditions of service of Chairperson and other directors of** **Board.—(1) The Chairperson, Managing Director, Deputy Managing Directors and other directors of the** Board other than the directors nominated by the Central Government under clause (d) of sub-section (1) of section 6, shall hold office for such term, not exceeding five years, and shall be eligible for re-appointment subject to an overall term not exceeding ten years: Provided that the Managing Director and Deputy Managing Directors shall not hold office as such after they have attained the age of sixty-five years and sixty-two years, respectively. (2) Notwithstanding anything contained in sub-section (1), the Chairperson and directors nominated or appointed under sub-section (1) of section 6 shall hold office during the pleasure of the authority nominating or appointing them. (3) The Chairperson and directors nominated by the Central Government or shareholders and independent directors shall receive such fees and reimbursements as may be prescribed: Provided that any fees and reimbursements payable under this sub-section shall not be linked with the profits of the Institution. 6 ----- (4) The salaries and allowances payable to the Managing Director and Deputy Managing Directors shall be specified by regulations on the recommendations of the Nomination and Remuneration Committee guided by market standards. (5) The term of office and other terms and conditions of service of, the Chairperson, Managing Director, Deputy Managing Directors and other directors of the Board other than the directors nominated by the Central Government under clause (d) of sub-section (1) of section 6, shall be such as may be prescribed. (6) Notwithstanding anything contained in this Act, no fees shall be payable to any director who is an officer of the Central Government. **10. Disqualification and removal of directors from office.—(1) The Central Government may** remove from office any director who— (a) is, or at any time has been, adjudged as insolvent; or (b) has become physically or mentally incapable of acting as a director; or (c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a director; or (e) has, in the opinion of the Central Government, so abused his position as to render his continuance in office detrimental to the public interest; or (f) has, for any reason, been removed or dismissed from the service of— (i) the Government; or (ii) any bank including the Reserve Bank or the State Bank of India; or (iii) any public financial institution or State financial corporation; or (iv) any other corporation owned or controlled by the Government. (2) No such director shall be removed under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter. (3) Any director who is elected or nominated as a Member of Parliament or of any State legislature, shall cease to be a director from the date of such election or nomination, as the case may be. (4) The disqualifications or removal under this section shall not take effect— (a) for thirty days from the date of the adjudication, sentence or order; or (b) where any appeal or petition is preferred within thirty days against the adjudication, sentence or conviction resulting in the sentence or order, until the expiry of seven days from the date on which such appeal or petition is disposed of. **11.Removal of Chairperson and other directors in certain cases.—(1) Notwithstanding anything** contained in section 10,— (i) the Central Government may, after consulting the Reserve Bank, remove from office the Chairperson and appoint in his place another person to fill the vacancy; (ii) the Board may, after consulting the Bureau, remove from office any director appointed under clause (b) or clause (c) or clause (f) of sub-section (1) of section 6 and appoint in his place another person to fill the vacancy; (iii) the shareholders, other than the Central Government, may, by a resolution passed by majority, of the votes of such shareholders holding in the aggregate not less than one-half of the share capital 7 ----- held by all such shareholders, remove any director elected under clause (e) of sub-section (1) of section 6 and elect in his place another person to fill the vacancy: Provided that no person shall be removed from office under this sub-section unless such person has been given an opportunity of showing cause against such removal. (2) Notwithstanding anything contained in sub-section (1), the Central Government shall, in consultation with the Reserve Bank, have the right to terminate the term of office of the Chairperson, Managing Director, Deputy Managing Directors or directors, as the case may be, at any time before the expiry of the term prescribed under sub-section (5) of section 9, by giving notice of not less than three months in writing or three months' salary and allowances in lieu of such notice. **12. Vacation and resignation of office by directors.—(1) If a director—** (a) becomes subject to any of the disqualifications mentioned in section 10 or is removed under section 11; or (b) is absent without leave of the Board for three or more consecutive meetings thereof, his seat shall thereupon become vacant. (2) Any director may resign his office by giving notice thereof in writing to the Board and on such resignation being accepted by the Board, or, if such resignation is not accepted sooner, on the expiry of three months from the receipt thereof by the Board, such director shall be deemed to have vacated his office. **13. Meeting of Board.—(1) The Board shall meet at such times and places and shall observe such rules** of procedure in regard to the transaction of business at its meetings, as may be specified by regulations. (2) A meeting of the Board shall be held at least once in every calendar quarter and at least four such meetings shall be held every year. (3) The Chairperson of the Board, or, if for any reason he is unable to attend any meeting, the Managing Director, or, in the event of both the Chairperson and the Managing Director being unable to attend a meeting, any other director nominated by the Chairperson in this behalf and in the absence of such nomination, any director elected by the directors present from among themselves at the meeting, shall preside at the meeting of the Board. (4) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the Chairperson, or, in his absence, the person presiding, shall have a second or casting vote. (5) Save as provided in sub-section (4), every director shall have one vote. **14. Defects in appointment not to invalidate acts, etc.—(1) No act or proceeding of the Board or of** any of its committee shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board or the committee, as the case may be. (2) No act done by any person acting in good faith as a director of the Board or as a member of its committee shall become invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment. **15. Committees of Board.—(1) The Board shall constitute a Nomination and Remuneration** Committee, a Risk Management Committee and an Audit Committee, each consisting of a minimum of three directors with independent directors forming a majority. (2) The Board shall constitute an Executive Committee consisting of such number of directors as it may consider necessary. (3) The Chairperson of the Institution shall not be a member of the Executive Committee and after the first year not be Chairperson of Audit Committee or the Nomination and Remuneration Committee. (4) The Board may constitute such other committees as it may deem fit. 8 ----- (5) The Executive Committee or any other committees constituted under this section shall meet at such times and places, observe such rules of procedure in regard to transaction of business at its meetings and shall perform such functions, as may be specified by regulations. **16. Disclosure of interest by members of Board or of committees.—(1) Every director shall at the** first meeting of the Board in which he participates as a director and thereafter at the first meeting of the Board in every financial year, or whenever there is any change in the disclosures already made, then at the first Board meeting held after such change, disclose his concern or interest in any body corporate, which shall include shareholding, in such manner as may be prescribed. (2) Every director who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into by the Institution— (a) with a body corporate in which such director or such director in association with any other director, holds more than two per cent. shareholding of that body corporate, or is a promoter, manager, chief executive officer or trustee of that body corporate; or (b) with a firm or other entity in which such director is a partner, owner or member, as the case may be, shall not participate in any meeting of the Board or of its committee in which such contract or arrangement is deliberated upon, or in any other deliberations or discussions regarding such contract or arrangement, and shall, in the case of such deliberations in a meeting of the Board or its committee, disclose the nature of his concern or interest to the Board or the committee, as the case may be: Provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested, or at the first meeting of the Board held after he becomes so concerned or interested. (3) A contract or arrangement entered into by the Institution without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, whether directly or indirectly, in such contract or arrangement, shall be voidable at the option of the Institution. (4) Such employees as the Board may specify as constituting the senior management of the Institution shall make disclosures to the Board relating to all material, financial and commercial transactions, in which they have personal interest that may have a potential conflict with the interest of the Institution, and the Board shall formulate a policy on such transactions, including any materiality threshold therefor, and shall review such policy at least once every three years. _Explanation.—For the purposes of this sub-section, conflict of interest relates to dealing in the shares_ of the Institution or any of its subsidiaries or associate companies, commercial dealings with bodies in which the senior management individual or his relatives have shareholding, etc. (5) If an individual who is a director contravenes the provisions of sub-section (1) or sub-section (2), or an employee referred to in sub-section (4) contravenes such provisions, such an individual or employee shall be liable to pay penalty of a sum of up to one lakh rupees. (6) Without prejudice to anything contained in sub-section (5), it shall be open to the Institution to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. _Explanation.—For the purposes of this section and section 19, the expression “body corporate” shall_ include a company, a body corporate as defined in clause (11) of section 2 of the Companies Act, 2013 (18 of 2013), a firm, a financial institution or a scheduled bank or a public sector enterprise established or constituted by or under any Central Act or State Act, and any other incorporated association of persons or body of individuals. 9 ----- CHAPTER IV ACTIVITIES OF INSTITUTION **17. Functions and powers of Institution.—(1) The Institution shall perform the following functions** and exercise the following powers, namely:— (i) form subsidiaries or joint ventures or branches, in India or outside India, for carrying out its functions; and enter into any arrangement with such subsidiary company or joint venture or branch including for financing any such subsidiary company or joint venture or branch or guaranteeing any of their liabilities or make any other arrangement which may seem desirable to the Board; (ii) co-ordinate its operations and the operations of various institutions engaged in the field of infrastructure finance and maintain expert staff to study problems relating to infrastructure finance and be available for consultation to the Central Government, the Reserve Bank and the other institutions engaged in the field of infrastructure finance; (iii) set up trusts under the Indian Trusts Act, 1882 (2 of 1882) for establishment of funds for such nature as would assist in financing of infrastructure projects located in India, or partly in India and partly outside India, including real estate investment trusts and infrastructure investment trusts; (iv) support the development of a deep and liquid market for bonds, loans and derivatives for infrastructure financing including facilitating electronic and negotiated markets infrastructure, investor protection, adjudication infrastructure, etc.; (v) lend and invest in infrastructure projects located in India, or partly in India and partly outside India, including by underwriting credit, securitisation of its receivables, including by way of any pass through certificate or direct assignment, transfer or novation, or by means of innovative financial tools including transactions secured by receivables from project; (vi) extend loans and advances to any company or statutory corporation or trust or any financial institution funding infrastructure, for the purposes of providing financial assistance for infrastructure projects located in India, or partly in India and partly outside India; (vii) take over or refinance existing loans extended by a lender for infrastructure projects located in India, or partly in India and partly outside India; (viii) transfer loans and advances granted by it, with or without the securities, to trusts, for consideration; (ix) set aside loans or advances held by the Institution and issue and sell securities based upon such loans or advances so set aside in the form of debt obligations, trust certificates of beneficial interest or other instruments, by whatever name called, and act as a trustee for the holders of such securities; (x) assign securities issued to the Institution; (xi) subscribe to or purchase, underwrite, acquire, hold or sell stocks, shares, bonds, debenture stocks, debt securities, obligations and securities, commercial papers, certificates of deposit or debentures issued or guaranteed by any company or trust or registered society or co-operative society or association or the Central Government or any State Government or any financial institution funding infrastructure, to facilitate financing of infrastructure projects in India, or partly in India and partly outside India, or to facilitate deepening of bond market for infrastructure financing; (xii) borrow or raise money by way of loans or otherwise both in rupees and foreign currencies or secure the payment of money by the issue and sale of debentures, debenture stocks, bonds, obligations, mortgages and securities of all kinds, either perpetual or terminable and either redeemable or otherwise and charge or secure the same by trust deed, or otherwise on the undertaking of the Institution including its authorised or issued capital, or upon any specific property and rights, present or future, of the Institution or otherwise, howsoever; 10 ----- (xiii) borrow money from the Central Government, scheduled banks, financial institutions, mutual funds, any class of persons, and from any other institution or authority or organisation notified by the Central Government, on such terms and conditions as may be agreed upon and accept short term loans only for managing asset liability mismatches and not for any other business purpose; (xiv) buy or sell, or enter into such other dealings in foreign exchange as may be necessary for the discharge of its functions; (xv) issue participation certificates or debt securities, and promote and facilitate securitisation of loan portfolio of companies and other entities engaged in the development and financing of infrastructure and create and develop a secondary market for the securitised receivables including by way of acting as an intermediary; (xvi) lend money with or without security and make advances upon, hold in trust, issue, buy, sell or otherwise acquire or dispose of on commission or otherwise any of the securities or investments or act as an agent for any of the like purpose; (xvii) lend to or invest in or acquire professional or technical services of companies operating in the infrastructure domain across the life cycle of projects; (xviii) act as an intermediary in respect of transactions or services relating to debt securities issued by infrastructure companies and financial institutions for financing infrastructure projects located in India, or partly in India and partly outside India, including by way of extension of credit enhancement facilities; (xix) take an active role in negotiations and discussions with various Government authorities and stakeholders for effective dispute resolution in the field of infrastructure financing; (xx) apply for, receive, accept, administer and manage grants, aids, subsidies, funds or donations, etc., from national and international sources including World Bank, New Development Bank, Japan International Cooperation Agency, United States Agency for International Development, Kreditanstalt für Wiederaufbau, European Investment Bank, Asian Development Bank, International Finance Corporation and other organisations and agencies, and organise and facilitate foreign participation in infrastructure development projects; (xxi) issue guarantee, letters of comfort, or letters of credit for loans or credit arrangements made, or, debentures or bonds issued, by any financial institution funding infrastructure projects in India, or partly in India and partly outside India; (xxii) borrow money from the Reserve Bank repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date on which the money is so borrowed against the security of stocks, funds or securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in India; (xxiii) borrow money from the Reserve Bank against bills of exchange or promissory notes arising out of _bona fide_ commercial or trade transactions maturing within five years from the date of the borrowing; (xxiv) convert any debt it has extended to a borrower into equity; and (xxv) any other kind of business or undertake any other kind of activity which the Central Government in consultation with the Reserve Bank may authorise. (2) In furtherance of sub-section (1), the Institution, either by itself or through its subsidiaries or joint ventures or in association with others, may carry out the following functions, namely:— (a) organise and facilitate participation from the Central Government, public sector, private sector and institutional investors from India or overseas in infrastructure development projects located in India, or partly in India and partly outside India; 11 ----- (b) provide facilities for training, for dissemination of information and the promotion of research including the undertaking of studies, researches, techno-economic and other surveys in the field of infrastructure development and it may for the said purposes make loans or advances or grants including grants by way of provision for fellowships and chairs to any institution; (c) provide technical, legal, marketing and administrative assistance to any person engaged in infrastructure development activities; (d) provide consultancy services in the field of infrastructure development, project structuring, capital structuring or operations subsequent to commissioning and other related matters in or outside India; (e) act as trustees of any deeds constituting or securing any debentures, debenture stocks, or other securities or obligation and undertake and execute any other trusts, and also undertake the office of or exercise the powers of executor, administrator, receiver, treasurer, custodian and trust corporation; (f) acquire an undertaking including the business, assets and liabilities of any institution the principal object of which is the promotion or development of infrastructure financing for projects located in India, or partly in India and partly outside India; (g) act as a financial intermediary for the purpose of promotion, financing and development of infrastructure projects and facilities located in India, or partly in India and partly outside India, through developing and disseminating appropriate financial instruments, negotiating loans and advances of all nature, and formulating schemes for mobilisation of resources; (h) structure proposals and negotiate agreements, with the proponents of infrastructure projects and with investors in infrastructure projects located in India, or partly in India and partly outside India; (i) open any account in any bank in or outside India or make any agency arrangement with, or act as an agent or correspondent of, any bank or other institution in or outside India; and (j) do such other acts and things as may be incidental to, or consequential upon, the exercise of its powers or the discharge of its duties under this Act or any other law for the time being in force, including sale or transfer of any of its assets. (3) The Central Government may, on a request being made to it by the Institution, guarantee the bonds, debentures and loans issued by the Institution as to the repayment of principal and the payment of interest at such rate, terms and conditions as may be agreed by the Central Government. **18. Prohibited business. —(1) The Institution shall not make any loan or advance on the security of** its own bonds or debentures. (2) The Institution shall not make loans or advances to any person or body of persons of which any of the directors of the Institution is a proprietor, partner, director, employee or guarantor, or in which one or more directors of the Institution hold substantial interest. (3) Sub-section (2) shall not apply to any borrower if any director of the Institution is nominated by the Institution or the Central Government as director on the Board of such borrower or is elected on the Board of such borrower by virtue of shares held in the borrower by the Institution. _Explanation.— For the purpose of this section, “substantial interest” in relation to a borrower, means_ the beneficial interest held by one or more of the directors of the Institution or by any relative of such director as defined in clause (77) of section 2 of the Companies Act, 2013 (18 of 2013) whether singly or taken together, in the shares of the borrower, and the aggregate amount paid-up on which either exceeds fifty lakhs rupees or two per cent. of the paid-up share capital of the borrower, whichever is lesser or such other threshold as may be prescribed. **19. Related party transactions.—(1) Except with the consent of the Board and subject to such** conditions as may be prescribed, the Institution shall not enter into any contract or arrangement with a related party with respect to— 12 ----- (a) sale, purchase or supply of any goods or materials; (b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind; (d) availing or rendering of any services; (e) appointment of any agent for purchase or sale of goods, materials, services or property; (f) such related party's appointment to any office or place of profit in the Institution, its subsidiaries or joint ventures or associate companies; (g) underwriting the subscription of any securities, or derivatives thereof, of the Institution: Provided that no contract or arrangement involving transactions exceeding such sums as may be specified by regulations, shall be entered into except with the prior approval in the general meeting of the shareholders: Provided further that no shareholder shall vote in such general meeting to approve any contract or arrangement which may be entered into by the Institution, if such shareholder is a related party: Provided also that nothing in this sub-section shall apply to any transactions entered into by the Institution in its ordinary course of business, other than transactions which are not on an arm's length basis: Provided also that the requirement of approval under the first proviso shall not be applicable for transactions entered into between the Institution and its wholly owned subsidiary, if any, whose financial statements are consolidated with the Institution and placed before the shareholders at the general meeting for adoption. _Explanation.—In this sub-section,—_ (a) the expression “office or place of profit” means any office or place— (i) where such office or place is held by a director, if the director holding it receives from the Institution anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (ii) where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the Institution anything by way of remuneration, salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (b) the expression “arm's length transaction” means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest. (2) Every contract or arrangement entered into under sub-section (1) shall be referred to in a report made by the Board to the shareholders, along with the justification for entering into such contract or arrangement. (3) Where any contract or arrangement is entered into by a director or any employee, without obtaining the consent of the Board or approval by a resolution in the general meeting of the shareholders under subsection (1) and if it is not ratified by the Board or, as the case may be, by the shareholders at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement shall be voidable at the option of the Board or, as the case may be, of the shareholders and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the Institution against any loss incurred by it. (4) Without prejudice to anything contained in sub-section (3), it shall be open to the Institution to proceed against a director or any other employee who had entered into such contract or arrangement in 13 ----- contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. (5) Any director or employee of the Institution who had entered into or authorised a contract or arrangement in violation of the provisions of this section, shall be liable to pay penalty of a sum of up to twenty-five lakh rupees. **20. Performance review of Institution.—(1) The performance of the Institution shall, once in every** five years, be reviewed by an external agency to be appointed by the Central Government. (2) The external agency shall review the performance of the Institution for the last five years with respect to the purpose and objectives of the Institution as set out in section 4 and shall take into account such key performance indicators as may be prescribed. (3) The external agency shall submit a report of its findings to the Board which shall forward a copy thereof along with action taken, if any, pursuant to such report to the Central Government within a period of three months from the date of receipt of the report. CHAPTER V GOVERNMENT GRANTS, GUARANTEES AND OTHER CONCESSIONS **21. Grants and contribution.— (1) The Central Government may support the Institution through** grants or contribution, as and when necessary, in the form of cash or marketable Government securities. (2) Without prejudice to the generality of the foregoing, the Central Government shall, by the end of the first financial year from the establishment of Institution, grant or contribute an amount of five thousand crore rupees to the Institution in the form of cash or marketable Government securities. **22. Concessional rate of Government guarantee.—The Government shall prescribe a concessional** rate of fees, not exceeding 0.1 per cent. at which Government guarantee may be extended to the Institution for borrowings from multilateral institutions, sovereign wealth funds, and such other foreign institutions as may be prescribed. **23. Hedging costs.—Hedging costs in connection with any borrowing of foreign currency by the** Institution for the purposes of granting loans and advances or its repayment, to insulate the Institution from any fluctuations in the rates of exchange, may be reimbursed by the Central Government in part or in full. CHAPTER VI ACCOUNTS, AUDIT AND REPORT **24. Disposal of profits accruing to Institution, to reserve fund.—(1) The Institution shall establish** a reserve fund to which may be transferred such sums as the Board may deem fit out of the annual profits accruing to the Institution: Provided that the sums to be transferred under this sub-section shall not be less than twenty per cent. of the annual profits accruing to the Institution. (2) After making provisions for bad and doubtful debts, depreciation of assets and for all other matters for which provision is necessary or expedient or which is usually provided for by bankers and for the reserve fund referred to in sub-section (1), and after transferring a part of the profit to such other reserves or funds as may be considered appropriate, the Board may out of its net profits propose a dividend. **25. Preparation of balance-sheet and accounts.—(1) The balance-sheet and accounts of the** Institution shall be prepared in such form and manner as may be prescribed. 14 ----- (2) The Board shall cause the books and accounts of the Institution to be closed and balanced as on the 31st day of March each year or such other date as the Board may determine. **26. Audit.—(1) The accounts of the Institution shall be audited by auditors duly qualified to act as** auditors under sub-section (1) of section 141 of the Companies Act, 2013 (18 of 2013), who shall be appointed by the Institution in general meeting of the shareholders out of the panel of auditors approved by the Reserve Bank for such term and on such remuneration as the Reserve Bank may fix. (2) The auditors shall be supplied with a copy of the annual balance-sheet of the Institution and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the Institution and shall at all reasonable times have access to the books, accounts, vouchers and other documents of the Institution. (3) The auditors may, in relation to such accounts, examine any director or any officer or other employee of the Institution and shall be entitled to require from the Board or officers or other employees of the Institution such information and explanation as they may think necessary for the performance of their duties. (4) The auditors shall make a report to the Institution upon the annual balance-sheet and accounts examined by them and in every such report they shall state whether in their opinion the balance-sheet is a full and fair balance-sheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the Institution and in case they had called for any explanation or information from the Board or any officer or other employee of the Institution, whether it has been given and whether it is satisfactory. (5) The Institution shall furnish to the Central Government and the Reserve Bank within four months from the date on which its accounts are closed and balanced, a copy of its balance-sheet and accounts together with a copy of the auditor's report and a report of the working of the Institution during the relevant year, and the Central Government shall, as soon as may be after they are received by it, cause the same to be laid before each House of Parliament. **27. Returns and report.—The Institution shall furnish, from time to time, to the Central Government** and to the Reserve Bank, such returns as the Central Government or the Reserve Bank may require. CHAPTER VII MISCELLANEOUS **28. Receivables to be held in trust.—(1) Any sums received by a financial institution for refinancing** from the Institution shall, to the extent of the accommodation granted by the Institution and remaining outstanding, be deemed to have been received by the financial institution in trust for the Institution and shall accordingly be paid by such financial institution to the Institution. (2) Where any accommodation has been granted by the Institution to a financial institution, all securities held, or which may be held, by such financial institution on account of any transaction in respect of which such accommodation has been granted, shall be held by such financial institution in trust for the Institution. **29. Setting up of other development financial institution.—(1) Any person who intends to set up a** development financial institution, in addition to the Institution established under this Act, shall make an application to the Reserve Bank for licence. (2) The Reserve Bank may in consultation with the Central Government, grant licence subject to such criteria, terms and conditions as may be specified by the Reserve Bank by regulations. (3) Any institution to which licence is granted under sub-section (2) shall be subject to the provisions of the Reserve Bank of India Act, 1934 (2 of 1934) or the Banking Regulation Act, 1949 (10 of 1949), as the case may be. (4) The regulations made by the Reserve Bank shall apply to the Institution established under this Act to such extent as are not inconsistent with the provisions of this Act. 15 ----- **30. Officers and employees.—(1) The Institution may appoint such number of officers and other** employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment of service. (2) The duties and conduct, terms and other conditions of service including their salaries and allowances and the establishment and maintenance of provident fund or any other fund for the benefit of the officers and other employees of the Institution appointed under sub-section (1) shall be such as may be specified by regulations: Provided that the salaries and allowances payable to the officers and employees shall be determined by the Nomination and Remuneration Committee guided by the market standards. (3) The Institution may depute any officer or any member of its staff for such period and on such terms and conditions as it may determine, to any other institution including an infrastructure finance or development institution. (4) The Institution may receive or take on deputation any officer or other employee from any institution including an infrastructure finance or development institution, for such period and on such terms and conditions as may be specified by regulations. (5) Nothing contained in this section shall empower the Institution to depute any officer or member of its staff to any institution on any salary, emoluments or other terms and conditions which is or are less favourable to him than that or those to which he is entitled to immediately before such deputation. **31. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) institutions that may hold shares of the Institution under sub-section (3) of section 5; (b) the manner of election of directors by shareholders under clause (e) of sub-section (1) of section 6; (c) the terms and conditions of induction of independent directors to the Board under sub-section (5) of section 6; (d) the fees and reimbursements in respect of independent directors under sub-section (3), and the term of office and other terms and conditions of service of, the Chairperson, Managing Director, Deputy Managing Directors and other directors of Board under sub-section (5), of section 9; (e) manner of disclosure of interest by members of Board and of committees under sub-section (1) of section 16; (f) the threshold for determination of beneficial interest by directors of the Institution or any relative of such director under the Explanation to sub-section (3) of section 18; (g) conditions subject to which the Institution may enter into a contract or an arrangement under sub-section (1) of section 19; (h) the parameters on the basis of which the external agency shall review the performance of the Institution under sub-section (2) of section 20; (i) the rate of fees for Government under section 22; (j) the form and manner in which the balance-sheet and accounts of the Institution shall be prepared under sub-section (1) of section 25; (k) any other matter which is to be, or may be, prescribed. 16 ----- **32. Power of Board to make regulations.—(1) The Board may, with the previous approval of the** Central Government and in consultation with the Reserve Bank, by notification, make regulations not inconsistent with the provisions of this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the salaries and allowances payable to the Managing Director and Deputy Managing Directors under sub-section (4) of section 9; (b) the times, places and rules of procedure in regard to the transaction of business of the Board under sub-section (1) of section 13; (c) the times, places and rules of procedure in regard to the transaction of business of the committees and their functions under sub-section (5) of section 15; (d) amount for transactions under the proviso to sub-section (1) of section 19; (e) the terms and other conditions of service of the officers and employees of the Institution under sub-section (2) and the terms and conditions of deputation under sub-section (4), of section 30; (f) the mechanism under sub-section (1) of section 39 for the purpose of determining the penalties specified under sub-section (5) of section 16 and sub-section (5) of section 19; (g) any other matter which is to be, or may be, specified by regulations. **33. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **34. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall** lie against the Institution or its Chairperson or other directors, employees or officers for anything which is done in good faith or intended to be done under this Act, or the rules or the regulations made thereunder, including in respect of assets created or transferred to the Institution. **35. Sanction for enquiry, inquiry investigation and prosecution.—(1) No investigation agency,** including but not limited to Police, Central Bureau of Investigation, Serious Fraud Investigation Office, Directorate of Enforcement and such other agencies, shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed under any law, in relation to any recommendation made or decision taken by the Chairperson or other directors, employees or officers of the Institution in discharge of his official functions or duties, without the previous approval of— (a) the Central Government, where the offence is alleged have to been committed by the Chairperson or other directors; or (b) the Managing Director, where the offence is alleged to have been committed by an employee or officer of the Institution: Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person: Provided further that the Central Government or the Managing Director, as the case may be, shall convey its decision within a period of three months, and such period may, for reasons to be recorded in 17 ----- writing by the Central Government or the Managing Director, as the case may be, be extended by a further period of one month: Provided also that failure of the Central Government or the Managing Director to convey its decision under this sub-section within the time specified under the second proviso shall not be considered as deemed approval for initiation of any enquiry or inquiry or investigation. _Explanation.—For the purposes of this sub-section, the expression “undue advantage” shall have the_ meaning as assigned to it under the Prevention of Corruption Act, 1988 (49 of 1988). (2) No court shall take cognizance of an offence punishable under any law alleged to have been committed by the Chairperson or other directors, employees or officers of the Institution for which a sanction to conduct any enquiry or inquiry or investigation was granted under sub-section (1), except with the previous sanction of— (a) the Central Government, where the offence is alleged to be committed by the Chairperson or other directors; or (b) of the Managing Director, where the offence is alleged to be committed by an employee or officer of the Institution: Provided that the Central Government or the Managing Director shall, after the receipt of the proposal requiring sanction for prosecution under this sub-section, endeavour to convey the decision on such proposal within a period of three months from the date of its receipt: Provided further that in case where, for the purpose of grant of sanction for prosecution, legal consultation is required, such period may, for the reasons to be recorded in writing, be extended by a further period of one month: Provided also that failure of the Central Government or the Managing Director to convey its decision under this sub-section within the time specified shall not be considered as deemed approval for the initiation of prosecution. **36. Appointment of directors by Institution to prevail.—(1) Where any arrangement entered into by** the Institution with a borrowing entity while granting loans and advances provides for the appointment or nomination by the Institution of one or more directors of such entity, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the Companies Act, 2013 (18 of 2013), or in any other law for the time being in force or in the memorandum and articles of association or any other instrument relating to the entity, and any provision regarding share qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the Institution in pursuance of the arrangement as aforesaid. (2) Any director appointed as aforesaid shall— (a) be deemed to be an independent director under the Companies Act, 2013 (18 of 2013) for the purpose of immunities available to independent directors; (b) hold office during the pleasure of the Institution and may be removed or substituted by any person by order in writing of the Institution; (c) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (d) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement. **37. Validity of loan or advance not to be questioned.—(1) Notwithstanding anything to the contrary** contained in any other law for the time being in force, the validity of any loan or advance granted by the 18 ----- Institution in pursuance of the provisions of this Act shall not be called in question merely on the ground of non-compliance with the requirements of such other law as aforesaid or of any resolution, contract, memorandum, articles of association or other instrument. (2) Nothing in this section shall enable any company to obtain any loan or advance where the instrument relating to the constitution of such company does not empower such company to do so. **38. Obligations as to fidelity and secrecy.—(1) The Institution shall not, except as otherwise required** by this Act or by any other law, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necessary or appropriate for the Institution to divulge such information. (2) Every director, member of a committee, auditor, officer or other employee of the Institution or of the Reserve Bank, whose services are utilised by the Institution under the provisions of this Act shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the First Schedule. **39. Adjudication.—(1) The Board shall make regulations for setting up a mechanism for the purpose** of determining the penalties specified under sub-section (5) of section 16 and sub-section (5) of section 19. (2) The regulations shall provide for a reasonable opportunity of being heard to the director or an employee against whom a complaint is made for violating the provisions of section 16 or section 19, as the case may be, and a right to prefer an appeal against any order imposing the penalty. **40. Indemnity of directors.—(1) Every director shall be indemnified by the Institution against all** losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default. (2) A director shall not be responsible for any other director or for any officer or other employee of the Institution or for any loss or expenses resulting to the Institution from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the Institution or the insolvency or wrongful act of any debtor or any person under obligation to the Institution or anything done in good faith in the execution of the duties of his office or in relation thereto. **41. Bankers’ Books of Evidence Act, 1891 to apply in relation to the Institution.—The Bankers'** Books Evidence Act, 1891 (18 of 1891), shall apply in relation to the Institution as if it were a bank as defined in section 2 of that Act. **42. Sections 34A and 36AD of the Banking Regulation Act, 1949 (10 of 1949) to apply to** **Institution.—The provisions of sections 34A and 36AD of the Banking Regulation Act, 1949 (10 of 1949)** shall apply to the Institution. **43. Liquidation of Institution.—No provision of law relating to the winding up of companies shall** apply to the Institution and the Institution shall not be placed in liquidation save by order of the Central Government and in such manner as it may direct. **44. Power of Central Government to issue directions.—Without prejudice to the foregoing** provisions of this Act, the Institution shall, in the performance of its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time. **45. Overriding effect of this Act.—The provisions of this Act shall have effect, notwithstanding** anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law. **46. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order, published in the Official Gazette, make such provisions or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of three years from the date of commencement of this Act. 19 ----- (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **47. Amendment of Act 2 of 1934.—The Reserve Bank of India Act, 1934 shall be amended in the** manner specified in the Second Schedule. **48. Amendment of Act 10 of 1949.—The Banking Regulation Act, 1949 shall be amended in the** manner specified in the Third Schedule. THE FIRST SCHEDULE [See section 38(2)] Declaration of Fidelity and Secrecy I do hereby declare that I will faithfully, truly and to the best of my skill and ability execute and perform the duties required of me as director, auditor, officer or other employee, as the case may be, of the National Bank for Financing Infrastructure and Development and which properly relate to the office or position held by me in the said Institution. 2. I further declare that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the said Institution or to the affairs of any person having any dealing with the said Institution or will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the said Institution and relating to the business of the said Institution or the business of any person having any dealing with the said Institution. Signed before me (Signature) 20 ----- THE SECOND SCHEDULE (See section 47) AMENDMENTS TO THE RESERVE BANK OF INDIA ACT, 1934 **1. Amendment of Section 2.—In the Reserve Bank of India Act, 1934 (2 of 1934) (hereinafter referred** to as the principal Act), in section 2, after clause (ccc), the following clauses shall be inserted, namely:— '(ccci) “National Bank for Financing Infrastructure and Development” means the Institution established under section 3 of the National Bank for Financing Infrastructure and Development Act, 2021; (cccii) “other development financial institution” means a development financial institution licensed under section 29 of the National Bank for Financing Infrastructure and Development Act, 2021;'. **2. Amendment of section 17.—In section 17 of the principal Act,—** (a) in clause (4G), after the words “or the Small Industries Bank”, the words “or the National Bank for Financing Infrastructure and Development or other development financial institution” shall be inserted; (b) in clause (4-I), after the words “the Industrial Finance Corporation”, the words “, the National Bank for Financing Infrastructure and Development or other development financial institution” shall be inserted; 21 ----- (c) after clause (4K), the following clause shall be inserted, namely:— “(4L) the making to the National Bank for Financing Infrastructure and Development or other development financial institution of loans and advances— (a) repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the date of such loan or advance against the security of stocks, funds and securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in India; or (b) against the security of bills of exchange or promissory notes, arising out of bona fide commercial or trade transactions bearing two or more good signatures and maturing within five years from the date of such loan or advance;”; (d) in clause (12B), after the words “the Industrial Finance Corporation,”, the words “the National Bank for Financing Infrastructure and Development or other development financial institution,” shall be inserted. **3. Amendment of section 42.—In section 42 of the principal Act, in sub-section (1), in the Explanation,** in clause (c), in sub-clause (ii), after the words “or from the Small Industries Bank”, the words “or from the National Bank for Financing Infrastructure and Development or from the other development financial institution” shall be inserted. **4. Amendment of section 46C.—In section 46C of the principal Act, in sub-section (2),—** (a) in clause (c), after the words “or the Small Industries Bank,” at both the places, the words “or the National Bank for Financing Infrastructure and Development or the other development financial institution,” shall be inserted; (b) in clause (d), after the words “or the Small Industries Bank,”, the words “or the National Bank for Financing Infrastructure and Development or the other development financial institution,” shall be inserted. THE THIRD SCHEDULE (See section 48) AMENDMENTS TO THE BANKING REGULATION ACT, 1949 **1. Amendment of section 5.—In the Banking Regulation Act, 1949 (10 of 1949) (hereinafter referred** to as the principal Act), in section 5, after clause (ha), the following clauses shall be inserted, namely:— '(hb) “National Bank for Financing Infrastructure and Development” means the Institution established under section 3 of the National Bank for Financing Infrastructure and Development Act, 2021; (hc) “other development financial institution” means a development financial institution licensed under section 29 of the National Bank for Financing Infrastructure and Development Act, 2021;'. **2. Amendment of section 18.—In section 18 of the principal Act, in sub-section (1), in the Explanation,** in clause (a), in sub-clause (ii), after the words “or from the Small Industries Bank”, the words “or from the National Bank for Financing Infrastructure and Development or from the other development financial institution” shall be inserted. **3. Amendment of section 34A.—In section 34A of the principal Act, in sub-section (3), after the words** “the Small Industries Bank”, the words “,the National Bank for Financing Infrastructure and Development or the other development financial institution,” shall be inserted. 22 ----- **4. Amendment of section 36AD.—In section 36AD, in sub-section (3), after the words “the Small** Industries Bank”, the words “, the National Bank for Financing Infrastructure and Development or the other development financial institution,” shall be inserted. 23 -----

28-Mar-2021

14

The National Commission for Allied and Healthcare Professions Act, 2021

https://www.indiacode.nic.in/bitstream/123456789/16824/5/A2021-14.pdf

central

# THE NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSIONS ACT, 2021 _____________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSION 3. Constitution and composition of Commission. 4. Term of office and conditions of service of Members. 5. Resignation and removal of Members. 6. Cessation of membership and filling up of casual vacancy of Member. 7. Meetings of Commission. 8. Vacancies, etc., not to invalidate proceedings of Commission. 9. Officers and other employees of Commission. 10. Professional Councils. 11. Functions of Commission. 12. National Allied and Healthcare Advisory Council. 13. Central Allied and Healthcare Professionals' Register. 14. Privileges for enrolment on Central Register. 15. Rights of persons who are enrolled on Central Register. 16. Registration in Central Register. 17. Issue of certificate of registration. 18. Registration of additional qualifications. 19. Removal of name from Central Register. 20. Interim Commission. 21. Search-cum-Selection Committee. CHAPTER III STATE ALLIED AND HEALTHCARE COUNCIL 22. Constitution and composition of State Council. 23. Terms and conditions of service of Member. 24. Resignation and removal of Member. 25. Cessation of membership and filling up of casual vacancy of Member. 1 ----- SECTIONS 26. Meetings of State Council. 27. Vacancies, etc., not to invalidate proceedings of State Council. 28. Officers and other employees of State Council. 29. Constitution and functions of Autonomous Boards. 30. Functions of State Council. 31. Constitution of Advisory Board. 32. State Allied and Healthcare Professionals' Register. 33. Registration in State Register. 34. Issue of duplicate certificates. 35. Renewal of name of Allied and Healthcare professionals in the State Register. 36. Removal of name of a person from State Register. 37. Restoration of name of a person in the State Register. 38. Recognition of persons offering services prior to commencement of Act. CHAPTER IV RECOGNITION AND RECIPROCITY 39. Recognition of allied and healthcare institutions and reciprocity. CHAPTER V ESTATBLISHMENT OF NEW ALLIED AND HEALTHCARE INSTITUTION 40. Permission for establishment of new allied and healthcare institutions, new courses of study, etc. 41. Power to require information from allied and healthcare institutions. 42. Recognition of allied and healthcare qualifications by State Council. 43. Withdrawal of recognition. 44. Failure to maintain minimum essential standards by allied and healthcare institutions. CHAPTER VI FINANCE, ACCOUNTS AND AUDIT 45. Grants by Central Government. 46. National Allied and Healthcare Fund. 47. Accounts and audit of Commission. 48. Annual report of Commission. 49. Returns and information. 50. Grants by State Government. 51. State Allied and Healthcare Council Fund. 52. Accounts and audit of State Council. 53. Annual report of State Council. 54. Authentication of orders, etc. 55. Practice by allied and healthcare professionals. 2 ----- SECTIONS CHAPTER VII OFFENCES AND PENALTIES 56. Penalty for falsely claiming to be entered in Central Register and State Register. 57. Misuse of titles. 58. Failure to surrender certificate of registration. 59. Penalty for contravention of provisions of Act. 60. Cognizance of offences. CHAPTER VIII MISCELLANEOUS 61. Bar of jurisdiction. 62. Protection of action taken in good faith. 63. Direction by Central Government. 64. Act to have overriding effect. 65. Power of Central Government to make rules. 66. Power to make regulations. 67. Laying of rules and regulations. 68. Power of State Government to make rules. 69. Power to remove difficulties. 70. Power to amend Schedule. THE SCHEDULE. 3 ----- # THE NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSIONS ACT, 2021 ACT NO. 14 OF 2021 [28th March, 2021.] # An Act to provide for regulation and maintenance of standards of education and services by allied and healthcare professionals, assessment of institutions, maintenance of a Central Register and State Register and creation of a system to improve access, research and development and adoption of latest scientific advancement and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the National Commission for Allied** and Healthcare Professions Act, 2021. (2) It shall come into force on such date[1] as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Advisory Council” means the National Allied and Healthcare Advisory Council constituted under sub-section (1) of section 12; (b) “allied and healthcare institution” means an educational or research institution which grants diploma or undergraduate, postgraduate or doctoral degree or any other post degree certification in any allied and healthcare professional under this Act; (c) “allied and healthcare professional” means any allied health professional or healthcare professional under this Act; (d) “allied health professional” includes an associate, technician or technologist who is trained to perform any technical and practical task to support diagnosis and treatment of illness, disease, injury or impairment, and to support implementation of any healthcare treatment and referral plan recommended by a medical, nursing or any other healthcare professional, and who has obtained any qualification of diploma or degree under this Act, the duration of which shall not be less than two thousand hours spread over a period of two years to four years divided into specific semesters; (e) “allied and healthcare qualification” means a recognised diploma or degree possessed by an allied and healthcare professional through regular learning mode under this Act or any additional recognised course obtained thereafter; (f) “Autonomous Board” means the Autonomous Board constituted under sub-section (1) of section 29; (g) “Central Register” means the Central Allied and Healthcare Professionals' Register maintained by the Commission under section 13; (h) “Chairperson” means the Chairperson of the Commission appointed under clause (a) of sub-section (3) of section 3; (i) “Commission” means the National Commission for Allied and Healthcare Profession constituted under sub-section (1) of section 3; 1. 25[th] May, 2021, _vide notification No. S.O. 2012(E), dated 25[th] May, 2021,_ _see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). 4 ----- (j) “healthcare professional” includes a scientist, therapist or other professional who studies, advises, researches, supervises or provides preventive, curative, rehabilitative, therapeutic or promotional health services and who has obtained any qualification of degree under this Act, the duration of which shall not be less than three thousand six hundred hours spread over a period of three years to six years divided into specific semesters; (k) “Interim Commission” means the Interim Commission constituted under sub-section (1) of section 20; (l) “Member” means a Member of the Commission or, as the case may be, the State Council, including the Chairperson, Vice-Chairperson and Part-time Member; (m) “notification” means a notification published in the Official Gazette and the expression “notified” shall be construed accordingly; (n) “Part-time Member” means the Part-time Member of the Commission nominated by the State Government under sub-clauses (i) and (ii) of clause (d), and nominated by the Central Government under sub-clause (iii) of clause (d) of section 3; (o) “prescribed” means prescribed by rules made under this Act; (p) “Professional Council” means the Allied and Healthcare Professional Council constituted under sub-section (1) of section 10; (q) “recognised categories” means any category of the allied and healthcare professionals specified in the Schedule; (r) “regulations” means the regulations made by the Commission; (s) “Schedule” means the Schedule annexed to this Act; (t) “State Council” means a State Allied and Healthcare Council constituted under sub-section (1) of section 22; (u) “State Government” includes Union territory Administration; (v) “State Register” means the State Allied and Healthcare Professionals' Register maintained under section 32; (w) “Task shifting” means the process whereby specific tasks are moved, where appropriate to related allied and healthcare professionals specialised in those tasks, by reorganising the health workforce efficiently for improved healthcare; (x) “University” means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 (3 of 1956) and includes an institution declared to be a deemed University under section 3 of that Act; (y) “Vice-Chairperson” means the Vice-Chairperson of the Commission appointed under clause (b) of sub-section (3) of section 3. CHAPTER II NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSION **3. Constitution and composition of Commission.—(1) With effect from such date as the Central** Government may, by notification, appoint in this behalf, there shall be constituted a Commission to be called the National Commission for Allied and Healthcare Profession for exercising such powers and discharging such duties as may be laid down under this Act. (2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued. 5 ----- (3) The Commission shall consist of the following, namely:— (a) a person having an outstanding ability, proven administrative capacity and integrity and possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty-five years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions to be appointed by the Central Government--Chairperson; (b) a person having an outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions—Vice-Chairperson; (c) the following persons shall be the ex officio Members of the Commission, namely:— (i) Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice--ex officio Member; (ii) Joint Secretary to the Government of India in the Department of Health and Family Welfare, Ministry of Health and Family Welfare--ex officio Member; (iii) Joint Secretary to the Government of India in the Department of Higher Education--ex _officio Member;_ (iv) Joint Secretary to the Government of India in the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment--ex officio Member; (v) Joint Secretary to the Government of India in the Ministry of Skill Development and Entrepreneurship--ex officio Member; (vi) one person representing the Directorate General of Health Services not below the rank of Deputy Director General--ex officio Member; (vii) one person representing the Indian Council of Medical Research not below the rank of Deputy Director General--ex officio Member; (viii) one person representing out of the following, on biennial rotation basis, not below the rank of Deputy Secretary to the Government of India--ex officio Member- (a) Atomic Energy Regulatory Board; (b) National Medical Commission; and (c) Rehabilitation Council of India; (ix) three persons not below the rank of Deputy Director or Medical Superintendent representing the following, on biennial rotation basis, to be nominated by the Central Government-ex officio Members,- (a) All India Institute of Medical Sciences, New Delhi; (b) All India Institute of Physical Medicine and Rehabilitation, Mumbai; (c) Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry; (d) North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong; (e) Pt. Deendayal Upadhyaya National Institute for Persons with Physical Disabilities, Delhi; (f) National Institute of Mental Health and Neuro-Sciences, Bengaluru; (g) National Institute of Nutrition, Hyderabad; 6 ----- (h) National Institute of Rehabilitation Training and Research, Cuttack; (i) National Institute of Orthopedically Handicapped, Kolkata; (j) All India Institute of Speech and Hearing, Mysore, Karnataka; (k) Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram, Kerala; and (l) Tata Memorial Hospital, Mumbai; (d) the following persons shall be the Part-time Members of the Commission, namely:- (i) two persons from each of the six zones representing the State Councils on biennial rotation in the alphabetical order as per the zonal distribution having such qualifications and experience as may be prescribed by the Central Government to be nominated by the concerned State Government; (ii) The President of the Professional Council and one person representing each of the Professional Councils to be selected in such a manner as may be prescribed by the Central Government on biennial rotation of professions by a committee comprising of Chairperson, Vice-Chairperson and the ex officio Member under sub-clause (ii) of clause (c); and (iii) two persons, representing charitable institutions engaged in education or services in connection with any recognised category, having such qualifications and experience as may be prescribed by the Central Government, to be nominated by the Central Government. **4.Term of office and conditions of service of Members.—(1) The Chairperson, Vice-Chairperson of** the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall hold office for a term not exceeding two years from the date on which they enter upon their office and shall be eligible for re-nomination for a maximum period of two terms. (2) The salaries and allowances payable to, and other conditions of service of, the Chairperson and Vice-Chairperson of the Commission shall be such as may be prescribed by the Central Government. (3) The Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall receive such travelling and other allowances as may be prescribed by the Central Government. **5. Resignation and removal of Members.—(1) Notwithstanding anything contained in sub-section** (1) of section 4, the Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 may (i) relinquish his office by giving in writing to the Central Government notice of not less than three months; or (ii) be removed from his office if he— (a) has been adjudged insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Part-time Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. (2) No Part-time Member shall be removed from his office under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter. 7 ----- **6. Cessation of membership and filling up of casual vacancy of Member.—(1) The** _ex officio_ Member under clauses (i) to (ix) of sub-section (3) of section 3, shall cease to be a Member of the Commission on his cessation to the service by virtue of which he was appointed as a Member of the Commission. (2) A Member nominated under sub-clause (i) of clause (d) of sub-section (3) of section 3, shall cease to be Member of the Commission on removal of his name from the register of the State Council. (3) The Chairperson, Vice-Chairperson or any other Member appointed under any casual vacancy in the Commission under sub-section (3) of section 3 shall hold office only for the remainder of the term of the Member in whose place he has been appointed. **7. Meetings of Commission.—(1) The Commission shall meet at least once in every quarter at such** time and place as may be decided by the Chairperson, and shall observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed by the Central Government. (2) The Chairperson shall preside over the meeting of the Commission and if, for any reason, he is unable to attend the meeting of the Commission, the Vice-Chairperson shall preside over the meeting. (3) One-half of the total number of Members of the Commission including the Chairperson or Vice Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the Members, present and voting; and in the event of equality of votes, the Chairperson or in his absence, the Vice-Chairperson shall have a second or casting vote. **8. Vacancies, etc., not to invalidate proceedings of Commission.—No act or proceeding of the** Commission shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Commission; or (b) any defect in the appointment of a person acting as a Member of the Commission; or (c) any irregularity in the procedure of the Commission not affecting the merits of the case. **9. Officers and other employees of Commission.—(1) Subject to such rules made by the Central** Government in this behalf, the Central Government shall provide a Secretariat to the Commission which shall consist of a Secretary and other officers as it may think necessary for the efficient performance of its functions under this Act. (2) The salaries and allowances payable to, and other conditions of service of, the Secretary and other officers of the Commission shall be such as may be prescribed by the Central Government. (3) The Secretariat of the Commission shall also provide Secretarial assistance to the Professional Council and the Advisory Council. **10. Professional Councils.—(1) The Commission shall, by notification, constitute Professional** Council for every recognised category and shall consist of a president and members, not less than four and not exceeding twenty-four, representing each profession in the recognised category having such qualifications and experiences as may be prescribed by the Central Government: Provided that where there is more than one profession represented in a Professional Council, the president shall rotate biennially amongst the professions in the recognised category. (2) Where there is no person from a particular recognised profession represented in the Commission, if the Commission is of opinion that the decision taken by it affects that profession, it may, before taking any decision, give an opportunity of being heard to that profession through the related Professional Council. (3) The president and the member of the Professional Council shall be a registered professional of the respective category. **11. Functions of Commission.—(1) It shall be the duty of the Commission to take all such steps as it** may think fit for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services under this Act and for the purposes of performing its functions, the Commission may— 8 ----- (a) frame policies and standards for the governance of allied and healthcare related education and professional services; (b) regulate the professional conduct, code of ethics and etiquette to be observed by the allied and healthcare professionals by or under this Act; (c) create and maintain an up-to-date online and live Central Register with details of academic qualifications institutions, training, skill and competencies of allied and healthcare professionals related to their profession as specified in the Schedule; (d) provide scope of practice of each profession keeping in view, inter alia, need for task shifting; (e) provide basic standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education, maximum tuition fee payable in respect of various categories, proportionate distribution of seats and promote innovations in categories in the manner as may be specified by regulations; (f) provide the allied and healthcare qualifications to be obtained by allied and healthcare professionals, including the name of the course, entry criteria, duration and such other particulars as may be specified by regulations; (g) provide for uniform entry examination with common counselling for admission into the allied and healthcare institutions at the diploma, undergraduate, postgraduate and doctoral level in the manner as may be specified by regulations; (h) provide for exit or licensing examinations for allied and healthcare professionals for professional practice or entrance into postgraduate or doctoral level and National Teachers Eligibility Test for academicians in the manner as may be specified by regulations; (i) provide strategic framework for rational deployment of skilled manpower, performance management systems, task shifting and associated career development pathways for allied and healthcare professionals; (j) provide minimum standards framework for machineries, materials and services; (k) take such measures, as may be necessary, to ensure compliance of the guidelines for their effective functioning by the State Councils under this Act in the manner as may be specified by regulations; (l) constitute committees or engage independent experts for technical advice related to any of the professions as listed in the Schedule for the efficient discharge of the functions of the Commission; (m) hold an Annual Meeting of the Commission with the National Medical Commission constituted under section 3 of the National Medical Commission Act, 2019 (30 of 2019) and the Central Council constituted under section 3 of the Homoeopathy Central Council Act, 1973 (59 of 1973); (n) perform such other functions as may be entrusted to it by the Central Government or as may be necessary to carry out the provisions of this Act. (2) The Commission may delegate such of its functions to the Professional Council as it think necessary. **12. National Allied and Healthcare Advisory Council.—(1) The Central Government shall constitute** an Advisory Council to be known as National Allied and Healthcare Advisory Council to advise the Commission on the issues relating to allied and healthcare professionals. (2) The Advisory Council shall consist of the following persons, namely:— (i) Chairperson of the Commission--Chairperson; (ii) all Members of the Commission--ex officio member; (iii) Principal Secretary dealing with medical education or his nominee from each State--member; (iv) Chairperson of the State Council--member; and 9 ----- (v) Principal Secretary dealing with medical education or his nominee representing each Union territory--member. (3) The Advisory Council shall meet once in a year at Delhi as may be decided by the Chairperson of the Advisory Council. **13. Central Allied and Healthcare Professionals' Register.—(1) The Commission shall maintain** online and live Register of persons in separate parts in each of the recognised categories to be known as the Central Allied and Healthcare Professionals' Register which shall contain information including the name of persons and qualifications relating to any of their respective recognised categories in the manner as may be specified by regulations. (2) For the purposes of sub-section (1), the Commission may adopt standardised format for populating and maintaining the Central Register in the manner as may be specified by regulations. (3) The Central Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872) and may be proved by a certified copy provided by the Commission. **14. Privileges for enrolment on Central Register.—Subject to the conditions and restrictions laid** down in this Act regarding practice by person possessing certain recognised allied and healthcare qualifications, every person whose name is for the time being borne on the Central Register shall be entitled according to his qualifications to provide any service within the defined scope of practice as an allied and healthcare professional under this Act and to receive in respect of such service, any expenses, charges or any fees to which he may be entitled. **15. Rights of persons who are enrolled on Central Register.—No person, other than a registered** allied and healthcare professional, shall— (a) hold office as an allied and healthcare professional (by whatever name called) in Government or in any institution maintained by a local or other authority; (b) provide service in any of the recognised categories in any State; and (c) be entitled to sign or authenticate any certificate required by any law for the time being in force to be signed or authenticated by a duly qualified allied and healthcare professional. **16. Registration in Central Register.—The Commission may, on receipt of the report of registration** of a person in a State Register or on an application in such form and in such manner as may be prescribed by the Central Government, enter his name in the Central Register. **17. Issue of certificate of registration.—(1) Any person whose name has been entered in the Central** Register shall, on an application made by the person in this behalf in such form and in such manner and on payment of such fees as may be prescribed by the Central Government, be entitled to get a certificate of registration. (2) On receipt of an application under sub-section (1), the Commission shall grant to the applicant a certificate of registration in such form as may be prescribed by the Central Government. (3) Where it is shown to the satisfaction of the Commission that a certificate of registration has been lost or destroyed, the commission may, on payment of such fees, issue a duplicate certificate in such form as may be prescribed by the Central Government. **18. Registration of additional qualifications.—(1) If any person whose name is entered in the Central** Register obtains any other recognised qualification in addition to any allied and healthcare qualification, he shall, on an application made in this behalf in such form and in such manner and on payment of such fees as may be prescribed by the Central Government, be entitled to have an entry stating such degree or diploma or such other qualifications made against his name in such register in addition to any entry previously made. (2) The entries in respect of any such person in a State Register shall be altered in accordance with the alterations made in the Central Register. **19. Removal of name from Central Register.—If the name of any person enrolled on a State Register** is removed therefrom in pursuance of any power conferred under this Act, the Commission shall direct the 10 ----- removal of the name of such person from the Central Register in such manner as may be specified by regulations: Provided that on the removal of his name from the Central Register or State Register, as the case may be, such certificate shall cease to be valid. **20. Interim Commission.—(1) The Central Government shall, as soon as may be but within sixty days** from the date on which this Act receives the assent of the President, constitute an Interim Commission, for three years or until a regular Commission is constituted under section 3, whichever is earlier. (2) The Interim Commission constituted under sub-section (1) shall consist of the following, namely: (a) Additional Secretary to the Government of India in the Ministry of Health and Family Welfare -Chairperson; (b) Joint Secretary to the Government of India in the Ministry of Health and Family Welfare- member; (c) Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice--member; (d) Joint Secretary to the Government of India in the Department of Higher Education--member; (e) Joint Secretary to the Government of India in the Ministry of Social Justice and Empowerment -member; (f) Joint Secretary to the Government of India in the Ministry of Skill Development and Entrepreneurship--member; (g) One representative of the Directorate General of Health Services not below the rank of Deputy Director General--member; (h) One representative of the National Medical Commission constituted under section 3 of the National Medical Commission Act, 2019 (30 of 2019) not below the rank of Deputy Secretary to the Government of India--member; (i) One representative of the Rehabilitation Council of India not below the rank of Deputy Secretary to the Government of India--member; (j) One representative of the Atomic Energy Regulatory Board not below the rank of Deputy Secretary to the Government of India--member; (k) two persons representing each of the recognised categories having such qualifications and experiences as may be prescribed by the Central Government--member: Provided that the Interim Commission may engage experts from unrepresented professions specified in the Schedule as necessary. (3) The Interim Commission shall discharge the functions assigned to the Commission under this Act and shall follow its own procedures in discharging its duties. (4) The Central Government shall appoint a Secretary to the Interim Commission. **21. Search-cum-Selection Committee.—(1) The Central Government shall, on the recommendation** of a Search-cum-Selection Committee, appoint the Chairperson, Vice-Chairperson and the Secretary of the Commission. (2) The Search-cum-Selection Committee shall consist of the following persons, namely:- (a) the Secretary, Ministry of Health and Family Welfare--Chairperson; (b) the Secretary or his nominee, not below the rank of Additional Secretary of Department of Higher Education, Ministry of Education--member; 11 ----- (c) four experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of allied and healthcare education, public health education and health research to be nominated by the Central Government--members; (d) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology to be nominated by the Central Government--member; and (e) Additional Secretary to the Government of India in the Ministry of Health and Family Welfare Convener--member. (3) The Central Government shall, within a period of three months from the date of occurrence of any vacancy, including by reason of death, resignation or removal of the Chairperson or Vice-Chairperson or Secretary of the Commission or within three months before the end of tenure of the Chairperson or ViceChairperson or Secretary of the Commission, make a reference to the Search-cum-Selection Committee for selection of Chairperson, Vice-Chairperson or Secretary. (4) The Search-cum-Selection Committee shall recommend a panel of at least three names for each vacancy. (5) The Search-cum-Selection Committee shall, before recommending any person for appointment of the Chairperson or Vice-Chairperson or Secretary, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson, Vice-Chairperson or Secretary. (6) No appointment of the Chairperson or Vice-Chairperson or Secretary of the Commission shall be invalid merely by reason of any vacancy or absence of a member in the Search-cum-Selection Committee. (7) Subject to the provisions of sub-sections (3) to (6), the Search-cum-Selection Committee may regulate its own procedure. CHAPTER III STATE ALLIED AND HEALTHCARE COUNCIL **22. Constitution and composition of State Council.—(1) Every State Government shall, by** notification, within six months from the date of commencement of this Act, constitute a State Council to be called the State Allied and Healthcare Council for exercising such powers and discharging such duties as may be laid down under this Act. (2) The State Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued. (3) The State Council shall consist of the following, namely:— (a) a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University and having experience of not less than twenty-five years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions to be nominated by the State Government--Chairperson; (b) one Director or Additional Director or Joint Director representing medical or health sciences in the State Government--ex officio Member; (c) two persons not below the rank of Dean or Head of the Department from any medical colleges of the State Government--ex officio Members; (d) president of the Autonomous Boards constituted by the State Council under sub-section (1) of section 29--ex officio Member; (e) two persons representing each of the recognised categories specified in the Schedule to be nominated by the State Government having such qualifications and experience as may be prescribed by the State Government--Members; and 12 ----- (f) two persons, representing charitable institutions engaged in education or services in connection with any recognised category, to be nominated by the State Government having such qualifications and experience as may be prescribed by the State Government--Members. **23. Terms and conditions of service of Member.—(1) The Chairperson of the State Council and** Member nominated under clauses (e) and (f) of sub-section (3) of section 22 shall hold office for a term not exceeding two years from the date on which they enter upon their office and shall be eligible for renomination for a maximum period of two terms. (2) The Members nominated to the State Council under clauses (e) and (f) of sub-section (3) of section 22 shall receive such travelling and other allowances as may be prescribed by the State Government. **24. Resignation and removal of Member.—(1) Notwithstanding anything contained in sub-section** (1) of section 23, the Chairperson of the State Council and Member nominated under clauses (e) and (f) of sub-section (3) of section 22 may— (i) relinquish his office by giving in writing to the State Government notice of not less than three months; or (ii) be removed from his office if he— (a) has been adjudged insolvent; or (b) has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. (2) No such Member shall be removed from his office under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter. **25. Cessation of membership and filling up of casual vacancy of Member.—(1) A Member under** clause (b) or clause (c) of sub-section (3) of section 22, shall cease to be a Member of the State Council on his cessation to the service by virtue of which he was appointed as a Member of the State Council. (2) The Chairperson or any other Member appointed under any casual vacancy in the State Council under sub-section (3) of section 22, shall hold office only for the remainder of the term of the member in whose place he has been appointed. **26. Meetings of State Council.—(1) The State Council shall meet at such times and places, and shall** observe such rules of procedure in regard to the transaction of business at its meetings (including quorum of such meetings) in the manner as may be prescribed by the State Government. (2) The Chairperson of the State Council, if for any reason, he is unable to attend a meeting of the State Council, any other member chosen by the members present from amongst themselves at the meeting shall preside over the meeting. (3) All questions which come up before any meeting of the State Council shall be decided by a majority of the members present and voting, and in the event of an equality of votes, the Chairperson of the State Council or in his absence, the member of the State Council presiding, shall have a second or casting vote. **27. Vacancies, etc., not to invalidate proceedings of State Council.—No act or proceeding of the** State Council shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of the State Council; or (b) any defect in the appointment of a person acting as a member of the State Council; or (c) any irregularity in the procedure of the State Council not affecting the merits of the case. 13 ----- **28. Officers and other employees of State Council.—(1) Subject to such rules as may be made by** the State Government in this behalf, the State Council may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act. (2) The salaries and allowances payable to, and other conditions of service of, the Secretary, other officers and employees of the State Council appointed under sub-section (1) shall be such as may be prescribed by the State Government. **29. Constitution and functions of Autonomous Boards.—(1) The State Council shall, by** notification, constitute the following Autonomous Boards for regulating the allied and healthcare professionals, namely,- (a) Under-graduate Allied and Healthcare Education Board, (b) Post-graduate Allied and Healthcare Education Board, (c) Allied and Healthcare Professions Assessment and Rating Board, and (d) Allied and Healthcare Professions Ethics and Registration Board. (2) The Autonomous Boards constituted under sub-section (1) shall consist of a president and such number of members from each recognised category as may be specified by the regulations and shall be appointed by the State Government. (3) The Under-graduate Allied and Healthcare Education Board and Post-graduate Allied and Healthcare Education Board shall determine standards of allied and healthcare education at the graduate, postgraduate level and super-speciality level, develop competency based on dynamic curriculum content, reviewing institutional standards against norms, faculty development, approval of courses of recognised qualification and other functions as entrusted by the State Council for Under Graduate Education and Post Graduate Education. (4) The Allied and Healthcare Profession Assessment and Rating Board shall determine the procedure for the assessment and rating of allied and healthcare institutions by providing for inspection of institutions, grant permission for establishment of new allied and healthcare institutions and seat capacity, empanelling assessors, imposing warnings or fines, recommend for withdrawal of recognition of institutions and any other function as entrusted by the State Council to ensure maintenance of minimum essential standards. (5) The Allied and Healthcare Profession Ethics and Registration Board shall maintain online and live State Registers of all licensed allied and healthcare practitioners in the State, regulate the professional conduct and promotion of ethics and undertake any other function as entrusted by the State Council. (6) The Under-graduate Allied and Healthcare education or Post-graduate Allied and Healthcare education or Allied and Healthcare Professions Assessment and Rating or Allied and Healthcare Professions Ethics and Registration shall perform such other functions as may be specified by regulations. **30. Functions of State Council.—It shall be the duty of the State Council to take all such steps as it** may think fit for ensuring the co-ordinated and integrated development of education and maintenance of the standards of delivery of services under this Act and, for the purposes of performing its functions, the State Council shall— (a) enter the name of the recognised categories, enforce the professional conduct, code of ethics and etiquette to be observed by the allied and healthcare professionals in the State and take disciplinary action, including the removal of a professionals' name from the State Register; (b) ensure minimum standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education; (c) ensure uniform entry examination with common counselling for admission into the allied and healthcare institutions at the diploma, undergraduate, postgraduate and doctoral level under this Act; (d) ensure uniform exit or licensing examination for the allied and healthcare professionals under this Act; 14 ----- (e) inspect allied and healthcare institutions and register allied and healthcare professionals in the State; (f) ensure compliance of all the directives issued by the Commission; (g) provide minimum standards framework for machineries, materials and services; (h) approve or recognise courses and intake capacity for courses; (i) impose fine upon institutions in order to maintain standards; and (j) perform such other functions as may be entrusted to it by the State Government for implementation of the provisions of this Act. **31. Constitution of Advisory Board.—The State Council may constitute as many professional** Advisory Boards as may be necessary to examine the issues relating to one or more recognised categories and to recommend the State Council and also to undertake any other activity as may be authorised by the State Council. **32. State Allied and Healthcare Professionals' Register.—(1) The State Council shall maintain** online and live State Register of persons in separate parts for each of the recognised categories to be known as the State Allied and Healthcare Professionals' Register which shall contain information including the name of person and qualifications relating to any of their respective recognised categories in such manner as may be specified by regulations. (2) The State Register shall contain the details of academic qualification institutions, training, skill and competencies of Allied and Healthcare Professionals related to their profession in the manner as may be specified by regulations. (3) The State Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872), and may be proved by a certified copy provided by the State Council. **33. Registration in State Register.—(1) A person shall be entitled, on an application and on payment** of such fees as may be prescribed by the State Government, to have his name entered in the State Register if he resides in the State and holds a recognised allied and healthcare qualification. (2) Upon the application to the State Council, if the State Council is of the opinion that the applicant is entitled to have his name entered on the State Register, the State Council shall enter thereon the name of the applicant. (3) Upon entry of a name in the State Register under this section, the Secretary of the State Council shall issue to the applicant a certificate of registration in such form as may be prescribed by the State Government. (4) The certificate of registration of Allied and Healthcare Profession shall be valid for a period of five years, and renewal of such registration shall be in such form and in such manner as specified by regulations for the respective profession. (5) Any person whose application for registration is rejected by the State Council may, within one month from the date of such rejection, appeal to the Commission. **34. Issue of duplicate certificates.—Where it is shown to the satisfaction of the Secretary of the State** Council that a certificate of registration or a certificate of renewal has been lost or destroyed, the State Council may, on payment of such fee, issue a duplicate certificate in such form as may be prescribed by the State Government. **35. Renewal of name of Allied and Healthcare professionals in the State Register.—(1) There shall** be paid in every five years to the State Council, such fee in such manner as may be prescribed by the State Government for renewal of name of allied and healthcare professionals in the State Register. (2) Where the fee under sub-section (1) is not paid within the specified period, the Secretary of the State Council shall remove the name of the defaulter from the State Register: 15 ----- Provided that a name so removed may be restored to the said register on payment of such fee as may be prescribed by the State Government. (3) On payment of the fee under sub-section (1), the Secretary of the State Council shall issue a certificate of renewal and such certificate shall be proof of renewal of registration. **36. Removal of name of a person from State Register.—(1) The State Council may, by order, after** giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit— (a) that his name has been entered in the State Register by error or on account of mis-representation or suppression of a material fact; or (b) that he has been convicted of an offence involving moral turpitude and punishable with imprisonment or has been guilty of any infamous conduct in any professional respect or has violated the standards of professional conduct and etiquette or the code of ethics which in the opinion of the State Council renders him unfit to be kept in the said register, remove the name of the person from the State Register. (2) Any person whose name has been removed from the State Register under sub-section (1) shall be ineligible for registration under this Act, either permanently or for such period as may be specified by regulations. (3) An order under sub-section (1) shall not take effect until the expiry of three months from the date thereof or until an appeal, if any, on such order is finally disposed of, whichever date is later. (4) A person aggrieved by an order under sub-section (1) may, within thirty days from the communication of such order, prefer an appeal to the Commission and, after giving an opportunity of being heard, the Commission shall, within a period of ninety days from the date of filing of such appeal, pass such order as it thinks fit. (5) A person whose name has been removed from the State Register under this section or under sub section (2) of section 35 shall forthwith surrender his certificate of registration or certificate of renewal, if any, to the State Council and the name so removed shall be published on the website of the State Council, and in one daily local newspaper in vernacular language. (6) A person whose name has been removed from the State Register under this section shall not be entitled to have his name registered in the State Register or in any other State Register except with the approval of the State Council from whose register his name has been removed. **37. Restoration of name of a person in the State Register.—The State Council may, at any time for** reasons appearing to it as sufficient and upon payment of such fee as may be prescribed by the State Government, order that the name of a person removed from a State Register shall be restored and the name shall be uploaded on the website of the State Council, and in one daily local newspaper in vernacular language. **38. Recognition of persons offering services prior to commencement of Act.—Every person who** offers his services in any of the recognised categories on or before the commencement of this Act shall be allowed to be provisionally registered under the provisions of this Act within such period from such commencement in such manner as may be specified by regulations. CHAPTER IV RECOGNITION AND RECIPROCITY **39. Recognition of allied and healthcare institutions and reciprocity.—(1) Subject to the provisions** of this Act, any corresponding qualification granted by the institutions outside India shall be the recognised allied and healthcare qualifications as may be specified by regulations. (2) A citizen of India who holds the corresponding qualifications under sub-section (1) shall be entitled for registration under this Act in such manner as may be specified by regulations. 16 ----- (3) The Central Government may, after consultation with the Commission, by notification, direct that the corresponding qualifications under sub-section (1) in respect of which a scheme of reciprocity is not in force shall be recognised for the purposes of this Act or shall be so only when granted after a specified date: Provided that the foreign nationals possessing such qualification— (a) shall be permitted only if such persons are enrolled as allied and healthcare professionals in accordance with the law regulating the registration of allied and healthcare professionals for the time being in force in that country; and (b) shall be limited to the period specified in this behalf by the Central Government by general or special order. (4) In respect of any such qualifications the corresponding qualifications under sub-section (1), the Central Government may, after consultation with the Commission, by notification, direct that it shall be recognised allied and healthcare qualification only when granted before a specified date. (5) The Commission may enter into negotiations with an authority in any country outside India, which by the law of such country is entrusted with the recognition of corresponding qualifications, for the setting up of a scheme of reciprocity for the recognition of allied and healthcare qualification, and in pursuance of any such scheme, the corresponding qualification which the Commission has decided to grant should be recognised by notification by the Central Government. CHAPTER V ESTATBLISHMENT OF NEW ALLIED AND HEALTHCARE INSTITUTION **40. Permission for establishment of new allied and healthcare institutions, new courses of study,** **etc.—(1) Notwithstanding anything contained in this Act or any other law for the time being in force, on** and from the date of commencement of this Act,— (a) no person shall establish an allied and healthcare institution; or (b) no allied and healthcare institution shall— (i) open a new or higher course of study or training (including post-graduate course of study or training) which would enable students of each course of study or training to qualify himself for the award of any recognised allied and healthcare qualification; or (ii) increase its admission capacity in any course of study or training (including post-graduate course of study or training); or (iii) admit a new batch of students in any unrecognised course of study or training (including post-graduate course of study or training), except with the previous permission of the State Council obtained in accordance with the provisions of this Act: Provided that the allied and healthcare qualification granted to a person in respect of a new or higher course of study or new batch without previous permission of the State Council shall not be a recognised allied and healthcare qualification for the purposes of this Act: Provided further that where there is no State Council constituted by a State Government, the Commission shall give the previous permission for the purposes of this section. (2) (a) Every person or allied and healthcare institution shall, for the purpose of obtaining permission under sub-section (1), submit to the State Council a scheme in accordance with the provisions of clause (b). (b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed by the Central Government. (3) On receipt of a scheme under sub-section (2), the State Council may obtain such other particulars as may be considered necessary by it from the person or the allied and healthcare institution concerned, and thereafter, it may, — 17 ----- (a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or allied and healthcare institution concerned for making a written representation and it shall be open to such person or allied and healthcare institution to rectify the defects, if any, specified by the State Council; (b) consider the scheme, having regard to the factors referred to in sub-section (5). (4) The State Council may, after considering the scheme and after obtaining, where necessary, such other particulars under sub-section (2) as may be considered necessary by it from the person or allied and healthcare institution concerned, and having regard to the factors referred to in sub-section (5), either approve with such conditions, if any, as it may consider necessary or disapprove the scheme and any such approval shall constitute as a permission under sub-section (1): Provided that no such scheme shall be disapproved by the State Council except after giving the person or allied and healthcare institution concerned a reasonable opportunity of being heard: Provided further that nothing in this sub-section shall prevent any person or allied and healthcare institution whose scheme has not been approved by the State Council to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme had been submitted for the first time under sub-section (2). (5) The State Council shall, while passing an order under sub-section (4), have due regard to the following factors, namely:- (a) whether the proposed allied and healthcare institution or the existing allied and healthcare institution seeking to open a new or higher course of study or training, would be in a position to offer the basic standards of education as specified by regulations; (b) whether the person seeking to establish an allied and healthcare institution or the existing allied and healthcare institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources; (c) whether necessary facilities in respect of staff, equipment, accommodation, training, hospital and other facilities to ensure proper functioning of the allied and healthcare institution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided as may be specified in the scheme; (d) whether adequate facilities, having regard to the number of students likely to attend such allied and healthcare institution or course of study or training or as a result of the increased admission capacity, have been provided or would be provided as may be specified in the scheme; (e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such allied and healthcare institution or the course of study or training by the persons having the recognised allied and healthcare qualifications; (f) the requirement of manpower in the allied and healthcare institution; and (g) any other factors as may be specified by regulation. (6) Where the State Council passes an order under sub-section (4), a copy of the order shall be communicated to the person or allied and healthcare institution as the case may be. _Explanation.—For the purposes of this section,—_ (a) "person" includes any University, institution or a trust, but does not include the Central Government or State Government; (b) "admission capacity", in relation to any course of study or training (including post-graduate course of study or training) in an allied and healthcare institution, means the maximum number of students as may be decided by the State Council from time to time for being admitted to such course of study or training. **41. Power to require information from allied and healthcare institutions.—(1) Any University or** college or institution imparting education in any recognised category shall furnish information to the State 18 ----- Council regarding course of study, duration of course, scheme of assessment and examinations and other eligibility conditions in order to obtain the requisite qualifications as an allied and healthcare institution under this Act as the State Council may from time to time require. (2) Any University or college or institution imparting education in any recognised category as on the date of commencement of this Act shall furnish to the State Council such information in such manner as may be specified by regulations. **42. Recognition of allied and healthcare qualifications by State Council.—(1) The State Council** shall cause to verify the standards of any allied and healthcare institution where education in the recognised category is given, or to attend any examination held by any educational or research institution for the purpose of recognition of allied and healthcare qualifications by that allied and healthcare institution in such manner as may be specified by regulations. (2) The verification made under sub-section (1) shall not interfere with the conduct of any training or examination, but shall be for the purpose of reporting to the State Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities for giving education in the recognised categories, as the case may be, or on the sufficiency of every examination which they attend. (3) The State Council shall forward a copy of the report of verification of standards to the allied and healthcare institution concerned and a copy with remarks of the institution hereon to the Commission. **43. Withdrawal of recognition.—(1) On receipt of a report from the State Council, if the Commission** is of the opinion that— (a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by a University or any allied and healthcare institution do not conform to the standards specified by the Commission for the respective courses, as the case may be; or (b) the standards and norms for infrastructure, faculty and quality of education in allied and healthcare institution as determined by the Commission for the respective courses, as the case may be, are not adhered to by any University or allied and healthcare institution, and such University or allied and healthcare institution has failed to take necessary corrective action to maintain specified minimum standards, it may initiate action in accordance with the provisions of sub-section (2). (2) After considering such representations, and on such enquiry as it may deem fit, the Commission may, within a period of ninety days from the date of receipt from the State Council under sub-section (1), by order, withdraw the recognition granted to the allied and healthcare institution: Provided that before any order passed, the Commission shall afford, the allied and healthcare institution and the State Government within whose jurisdiction the allied and healthcare institution is situated an opportunity of being heard: Provided further that the Commission shall, before taking any action for withdrawal of recognition granted to the allied and healthcare professionals qualification awarded by a University or allied and healthcare institution, impose fine in consultation with the concerned State Council. (3) The Commission may, after making such further inquiry, if any, as it may think fit, by notification, direct that,- (a) any allied and healthcare qualification shall be a recognised qualification under this Act only when granted before a specified date; or (b) any allied and healthcare qualification if granted to students of a specified allied and healthcare institution shall be the recognised qualification only when granted before a specified date; or (c) any qualification shall be the recognised qualification in relation to a specified allied and healthcare institution only when granted after a specified date. 19 ----- **44. Failure to maintain minimum essential standards by allied and healthcare institutions.—The** State Council may take such measures, including issuing warning, imposing fine, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against an allied and healthcare institution for failure to maintain the minimum essential standards specified by the Commission under this Act. CHAPTER VI FINANCE, ACCOUNTS AND AUDIT **45. Grants by Central Government.—The Central Government may, after due appropriation made** by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. **46. National Allied and Healthcare Fund.—(1) There shall be constituted a Fund to be called the** National Allied and Healthcare Fund and there shall be credited thereto— (a) all Government grants, fees received by the Commission; (b) all sums of money received by the Commission by way of grants, benefactions, bequests and transfers; and (c) all sums of money received by the Commission in any other manner or from any other sources as may be prescribed by the Central Government. (2) The fund referred to in sub-section (1) shall be applied for the expenses of the Commission incurred in discharge of its functions and purposes of this Act in such manner as may be prescribed by the Central Government. **47. Accounts and audit of Commission.—(1) The Commission shall maintain appropriate accounts** and other relevant records and prepare an annual statement of accounts including the balance sheet in accordance with such general directions as may be issued and in such form as may be specified by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Commission shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect the office of the Commission. (4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **48. Annual report of Commission.—The Commission shall prepare every year, in such form and** within such time as may be prescribed by the Central Government an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **49. Returns and information.—The Commission shall furnish to the Central Government such** reports, returns and other information as that Government may require from time to time. **50. Grants by State Government.—The State Government may, after due appropriation made by** State Legislature by law in this behalf, make to the State Council grants of such sums of money as the State Government may think fit for being utilised for the purposes of this Act. 20 ----- **51. State Allied and Healthcare Council Fund.—(1) There shall be constituted a Fund to be called** the State Allied and Healthcare Council Fund and there shall be credited thereto— (a) all sums of money received from the State Government; (b) all sums of money received by the State Council by way of grants, fees, benefactions, bequests and transfers; and (c) all sums of money received by the State Council in any other manner or from any other source as may be decided by the State Government. (2) All receipts of the Commission and State Councils shall be routed through an online payment portal of the Commission and one-fourth of all the receipts shall be transferred to the National Allied and Healthcare Fund and three-fourth of all the receipts shall transfer to the relevant State Allied and Healthcare Council Fund through that portal. (3) The fund referred to in sub-section (1) shall be applied for the expenses of the State Council incurred in discharge of its functions for the purposes of this Act in the manner as may be prescribed by the State Government. **52. Accounts and audit of State Council.—(1) The State Council shall maintain appropriate accounts** and other relevant records and prepare an annual statement of accounts including the balance sheet, in accordance with such general directions as may be issued and in such form as may be specified by the State Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the State Council shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the State Council to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Council shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect the office of the State Council. (4) The accounts of the State Council as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government and that Government shall cause the same to be laid before each House of State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. **53. Annual report of State Council.—The State Council shall prepare every year, in such form and** within such time as may be prescribed by the State Government an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the State Government and that Government shall cause the same to be laid before each House of the State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House. **54. Authentication of orders, etc.—All orders and decisions of the Commission or the State Council,** as the case may be, and the instruments issued by it shall be authenticated by the Secretary or any other officer authorised by the Chairperson in this behalf. **55. Practice by allied and healthcare professionals.—No allied and healthcare professional shall** discharge any duty or perform any function not authorised by this Act or any treatment not authorised within the scope of practice of the profession. CHAPTER VII OFFENCES AND PENALTIES **56. Penalty for falsely claiming to be entered in Central Register and State Register.—If any** person whose name is not for the time being entered in the Central Register or a State Register falsely represents that it is so entered or uses in connection with his name or title any words or letters to suggest 21 ----- that his name is so entered, he shall be punished on first conviction with fine which may extend to fifty thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one lakh rupees or with both. **57. Misuse of titles.—If any person,--** (a) not being a person registered in the Central Register or a State Register, takes or uses the description of an allied and healthcare professional, or (b) not possessing an allied and healthcare qualification under this Act, uses a degree or a diploma or a license or an abbreviation indicating or implying such qualification, shall be punished on first conviction with fine which may extend to one lakh rupees, and on any subsequent conviction with imprisonment which may extend to one year or with fine not exceeding two lakh rupees or with both. **58. Failure to surrender certificate of registration.—If any person whose name has been removed** from the Central Register or a State Register, he shall surrender forthwith his certificate of registration or certificate of renewal, as the case may be, or both, failing which he shall be punishable with fine which may extend to fifty thousand rupees and in case of a continuing offence with an additional fine which may extend to five thousand rupees per day after the first day during which the offence continues. **59. Penalty for contravention of provisions of Act.—Whoever contravenes any of the provisions of** this Act or any rules or regulations made thereunder shall be punished with imprisonment which shall not be less than one year but which may extend to three years or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both. **60. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under this** Act except upon a complaint made by the Central Government, the State Government, the Commission, or the State Council, as the case may be. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. CHAPTER VIII MISCELLANEOUS **61. Bar of jurisdiction.—No Civil Court shall have jurisdiction to entertain any suit or proceeding in** respect of any order made by the Commission or State Council relating to the removal of a name or the refusal to enter a name in the Central Register or State Register, as the case may be, under this Act. **62. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie** against the Central Government or State Government or against the Chairperson, Vice-Chairperson or any other Member of the Commission or any Member of the State Council or any member of the Professional Council or any member of the Autonomous Board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder in the discharge of their official duties. **63. Direction by Central Government.—(1) The Central Government may, from time to time, issue** such directions to the Commission, as in the opinion of Government are conducive for the fulfilment of the objects of this Act and in the discharge of its functions. (2) Any direction issued under sub-section (1) may include directions to the Commission to make any regulations or to amend or revoke any regulations already made. **64. Act to have overriding effect.—The provisions of this Act shall have overriding effect** notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. **65. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules to carry out the provisions of this Act. 22 ----- (2) In particular, and without prejudice to the generality of the foregoing powers under sub-section (1), such rules may provide for all or any of the following matters, namely:- (a) the qualifications and experiences of the Part-time Member of the Commission under sub-clause (i) of clause (d) of sub-section (3) of section 3; (b) the manner of selection of the Part-time Member of the Commission under sub-clause (ii) of clause (d) of sub-section (3) of section 3; (c) the qualification, experience and manner of the selection of the Part-time Member of the Commission under sub-clause (iii) of clause (d) of sub-section (3) of section 3; _(d) the salaries, allowances and other conditions of service of the Chairperson and Vice-_ Chairperson of the Commission under sub-section (2) of section 4; (e) the travelling and other allowances to the Part-time Member of the Commission under sub section (3) of section 4; (f) the rules of procedure with respect to the transaction of business at meetings of the Commission under sub-section (1) of section 7; (g) the salaries, allowances and other conditions of service of the Secretary and other officers of the Commission under sub-section (2) of section 9; (h) the qualifications and experiences of members of the Professional Council under sub-section (1) of section 10; (i) the form of application and the manner of entering the name of person in the Central Register under section 16; (j) the form, manner and fee of application for certificate of registration under sub-section (1) of section 17; (k) the form of certificate of registration under sub-section (2) of section 17; (l) the fees for and form of duplicate certificate under sub-section (3) of section 17; (m) the form, manner and fees of application for additional entry in the Central Register under sub section (1) of section 18; (n) the qualifications, experiences and manner of appointment of members of Interim Commission under clause (k) of sub-section (2) of section 20; (o) the form, manner, particulars and fees of the scheme under clause (b) of sub-section (2) of section 40; (p) the manner of sums of money received by the Commission under clause (c) of sub-section (1) of section 46; (q) the manner of application of fund for expenses incurred in discharge of the functions of the Commission under sub-section (2) of section 46; (r) the form and time period for preparing annual report of the Commission under section 48; and (s) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules. **66. Power to make regulations.—(1) The Commission may, after public consultation and with the** previous approval of the Central Government, make regulations generally to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing provisions, such regulations may provide for all or any of the following matters, namely:- (a) the manner of providing basic standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, 23 ----- training, research, continuing professional education, maximum tuition fee payable in respect of various recognised categories, proportionate distribution of seats and promote innovations in recognised categories under clause (e) of sub-section (1) of section 11; (b) other particulars for allied and healthcare qualifications under clause (f) of sub-section (1) of section 11; (c) the manner of providing uniform examination with common counselling for admission under clause (g) of sub-section (1) of section 11; (d) the manner of providing for exit or licensing examination for allied and healthcare professionals and National Teachers Eligibility Test under clause (h) of sub-section (1) of section 11; (e) the manner of taking measures under clause (k) of sub-section (1) of section 11; (f) the manner of containing information including name of person and qualification relating to any of the respective recognised categories in the Central Register under sub-section (1) of section 13; (g) the manner of adopting standardised format for populating and maintaining the Central Register under sub-section (2) of section 13; (h) the manner of removal of name of a person from the Central Register under section 19; (i) the number of members from each recognised category under sub-section (2) of section 29; (j) other functions of the Under-graduate Allied and Healthcare Education or Post-graduate Allied and Healthcare Education or Allied and Healthcare Profession Assessment and Rating or Allied and Healthcare Professions Ethics and Registration under sub-section (6) of section 29; (k) the manner of containing information including name of person and qualification relating to any of their respective recognised categories under sub-section (1) of section 32; (l) the manner of containing details of academic qualification, institutions, training, skill and competencies of Allied and Healthcare Professionals related to their profession in the State Register under sub-section (2) of section 32; (m) the form and manner of renewal of registration under sub-section (4) of section 33; (n) the period for registration under sub-section (2) of section 36; (o) the period and manner of registration of person who offers services in any of the recognised categories on or before the commencement of this Act under section 38; (p) the recognition of corresponding allied and healthcare qualifications granted outside India under sub-section (1) of section 39; (q) the manner of entitlement of registration of qualifications granted by institutions outside India under sub-section (2) of section 39; (r) the basic standards of education for seeking to open a new or higher course of study or training under clause (a) of sub-section (5) of section 40; (s) any other factors under clause (g) of sub-section (5) of section 40; (t) the manner of furnishing information by the University or college or institution under sub section (2) of section 41; (u) the manner of verification of standards of education in allied and healthcare institutions by the State Council under sub-section (1) of section 42; and (v) any matter for which provision may be made by the regulations under this Act. **67. Laying of rules and regulations.—Every rule made by the Central Government, and the** regulations made by the Commission, under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately 24 ----- following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulations, or both Houses agree that the rule or regulations should not be made, the rule or regulations shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulations. **68. Power of State Government to make rules.—(1) The State Government may, by notification,** make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers under sub-section (1), such rules may provide for the following matters, namely:- (a) the qualifications and experiences of the member of the State Council under clause (e) of sub section (3) of section 22; (b) the qualifications and experiences of the member of the State Council under clause (f) of sub section (3) of section 22; (c) the travelling and other allowances for the Member of the State Council under sub-section (2) of section 23; (d) the time, place and manner of rule of procedure in respect to transaction of business at meetings including quorum of the State Council under sub-section (1) of section 26; (e) the salaries, allowances and other conditions of services of the Secretary, other officers and employees of the State Council under sub-section (2) of section 28; (f) the fees for registration in the State Register under sub-section (1) of section 33; (g) the form of certificate of registration under sub-section (3) of section 33; (h) the fee and form of duplicate certificate under section 34; (i) the fee and the manner of payment of such fee under sub-section (1) of section 35; (j) the fee for restoration of name in the State Register under proviso to sub-section (2) of section 35; (k) the fee for restoration of name in the State Register under section 37; (l) the manner of application of fund for expenses incurred in discharge of the functions of the State Council under sub-section (3) of section 51; (m) the form and time for preparing annual report under section 53; and (n) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of State Legislature, where there are two Houses and where there is one House of State Legislature, before that House. **69. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **70. Power to amend Schedule.—(1) The Central Government may, after consultation with the** Commission, by a notification, add to or otherwise amend the Schedule for the purposes of this Act and thereupon the said Schedule shall be deemed to be amended accordingly. 25 ----- (2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses. 26 ----- **THE SCHEDULE** [See section 2(r)] (3) (i) Biotechnologist (ii) Biochemist (non-clinical) (iii) Cell Geneticist (iv) Microbiologist (non-clinical) (vi) Molecular Geneticist and (i) Cytotechnologist (iii) Histotechnologist (iv) Hemato Technologist (v) Medical Lab Technologist 27 |Serial Number|Recognised Category|Allied and Healthcare Professional|ISCO Code| |---|---|---|---| |(1)|(2)|(3)|(4)| |1.|Medical Laboratory and Life Sciences Life Science||| ||Professional Note: Life Science Professional is a person who has knowledge of application of research on human and other life forms, their interactions with each other and the environment, to develop new knowledge, and solve human health and environmental problems and who works in diverse fields such as bacteriology, biochemistry, genetics, immunology, harmacology, toxicology and virology and who collect, analyse and evaluate the experimental and field data to identify and develop new processes and techniques among others.|(i) Biotechnologist (ii) Biochemist (non-clinical) (iii) Cell Geneticist (iv) Microbiologist (non-clinical) (v) Molecular Biologist (non-clinical) (vi) Molecular Geneticist|2131| ||Medical Laboratory Sciences Professional Note: Medical and pathology laboratory professional is a person who performs clinical test on specimens of bodily fluids and tissues in order to get information about the health of a patient or cause of death and having formal training in medical|(i) Cytotechnologist (ii) Forensic Science Technologist (iii) Histotechnologist (iv) Hemato Technologist (v) Medical Lab Technologist|3212| ----- |Col1|laboratory technology or related field, which includes testing and operating equipment such as spectrophotometers, calorimeters and flame photometers for analysis of biological material including blood, urine and spinal fluid.|Col3|Col4| |---|---|---|---| |2.|Trauma, Burn Care and Surgical/Anesthesia related technology||| ||Trauma and Burn Care Professional Note: Trauma and Burn Care Professional is a person who provides advisory, diagnostic, curative and preventive medical services more limited in scope and complexity than those carried out by a medical doctor including emergency and burn care technologist who work autonomously, or with limited supervision of medical doctors and apply advanced clinical procedures for treating and preventing injuries and other physical impairments.|(i) Advance Care Paramedic|2240| |||(ii) Burn Care Technologist|2240| |||(iii) Emergency Medical Technologist (Paramedic)|3258| ||||| ||Surgical and Anaesthesia- related Technology Professional Note: Surgical and Anaesthesia-related Technology professional is a person who is a member of a multi-disciplinary team in|(i) Anaesthesia Assistants and Technologists|3259| |||(ii) Operation Theatre (OT) Technologists|3259| |||(iii) Endoscopy and Laparoscopy Technologists|3259| ||||| 28 ----- |Col1|the operation theatres, who prepares and maintains an operating theatre, assists the anaesthetist and surgical team during peri-operative period and provides support to patients in the recovery room and the main role includes the set up, check, and maintains anaesthesia equipment, preparation of operation room and table, management of the central sterile services department functions, assistance in emergency situations and disaster preparedness and support of the surgeons and anesthetists in any other related clinical area.|Col3|Col4| |---|---|---|---| |3.|Physiotherapy Professional Note: Physiotherapy Professional is a person who practices physiotherapy by undertaking comprehensive examination and appropriate investigation, provides treatment and advice to any persons preparatory to or for the purpose of or in connection with movement or functional dysfunction, malfunction, disorder, disability, healing and pain from trauma and disease, using physical modalities including exercise, mobilization, manipulations, electrical and thermal agents|Physiotherapist|2264| 29 ----- |Col1|and other electro therapeutics for prevention, screening, diagnosis, treatment, health promotion and fitness. The physiotherapist can practice independently or as a part of a multi-disciplinary team and has a minimum qualification of a baccalaureate degree.|Col3|Col4| |---|---|---|---| |4.|Nutrition Science Professional Note: Nutrition Science Professional is a person who follows a scientific process to assess, plan and implement programmes to enhance the impact of food and nutrition on health, promote good health, prevent and treat disease to optimize the health of individuals, groups, communities and populations as well as on human health with training in food and nutritional science, nutrition, dietetics.|(i) Dietician (including Clinical Dietician, Food Service Dietician)|2265| |||(ii) Nutritionist (including Public Health Nutritionist, Sports Nutritionist)|2265| ||||| |5.|Ophthalmic Sciences Professional Note: Ophthalmic Sciences Professional is a person who studies eye, related ailments and specialises in the management of disorders of eye and visual system, limited in scope and complexity as performed by|(i) Optometrist|2267| |||(ii) Ophthalmic Assistant|3256| |||(iii) Vision Technician|3256| ||||| 30 ----- |Col1|a medical doctor having Optometrists with a minimum of four years of baccalaureate degree and Ophthalmic Assistants/Vision Technician with a minimum of two years recognised diploma programme.|Col3|Col4| |---|---|---|---| |6.|Occupational Therapy Professional Note: Occupational Therapy Professional is a person who delivers client-centred services concerned with promoting health and well- being through occupation to enable people to participate in the activities of everyday life, which includes professionals such as Occupational Therapists who achieve this outcome by working with people and communities to enhance their ability to engage in the occupations they are expected to do, or by modifying the occupation or the environment to better support their occupational engagement. The Occupational Therapist can practice independently or as a part of a multi-disciplinary team and has a minimum qualification of a baccalaureate degree.|Occupational Therapist|2269| 31 ----- |7.|Community Care, Behavioural Health Sciences and other Professionals|Col3|Col4| |---|---|---|---| ||Community Care Note: Primary and Community Care Professional is a person who provides health education, referral and follow up, case management, and basic preventive healthcare and home visiting services to specific communities at field level and provides support and assistance to individuals and families in navigating the health and social services system and establish a referral network.|(i) Environment Protection Officer|2133| |||(ii) Ecologist|2133| |||(iii) Community Health promoters|3253| |||(iv) Occupational Health and Safety Officer (Inspector)|3257| ||||| ||Behavioural Health Sciences Professional Note: Behavioural Health Sciences Professional is a person who undertakes scientific study of the emotions, behaviours and biology relating to a person's mental well- being, their ability to function in everyday life and their concept of self. "Behavioural health" is the preferred term to "mental health" and includes professionals such as counsellors, analysts, psychologists, educators and support workers, who provide counselling, therapy and mediation services to individuals, families, groups and communities in response to social and personal difficulties.|(i) Psychologist (Except Clinical Psychologist covered under RCI for PWD)|2634| |||(ii) Behavioural Analyst|2635| |||(iii) Integrated Behaviour Health Counsellor|2635| |||(iv) Health Educator and Counsellors including Disease Counsellors, Diabetes Educators, Lactation Consultants|2635| |||(v) Social workers including Clinical Social Worker, Psychiatric Social Worker, Medical Social Worker|2635| |||(vi) Human Immunodeficiency Virus (HIV) Counsellors or Family Planning Counsellors|3259| |||(vii) Mental Health Support Workers|3259| ||||| ||Other Care Professionals|(i) Podiatrist|2269| |||(ii) Palliative Care Professionals|3259| |||(iii) Movement Therapist (including Art, Dance and Movement Therapist or Recreational Therapist)|2269| |||1[(iv) Acupuncture Professionals|2230, 3230]| |8.|Medical Radiology, Imaging and Therapeutic Technology Professional Note: Medical Imaging and Therapeutic Equipment Technology Professionals include persons who tests and operate radiographic, ultrasound and other medical imaging equipment to produce images of body structures for the diagnosis and treatment of injury,|(i) Medical Physicist|2111| |||(ii) Nuclear Medicine Technologist|3211| |||(iii) Radiology and Imaging Technologist [Diagnostic Medical Radiographer, Magnetic Resonance Imaging (MRI), Computed Tomography (CT), Mammographer, Diagnostic Medical Sonographers]|3211| |||(iv) Radiotherapy Technologist|3211| |||(v) Dosimetrist|3211| 1. Ins. by S.O. 4238(E), dated 26th September, 2024. 32 ----- |Col1|disease and other impairments or administers radiation treatments and monitor patients' conditions with training in medical technology, radiology, sonography, mammography, nuclear medical technology, Magnetic Resource Imaging, Dosimetry or radiotherapy, under the supervision of a radiologist or other medical professional.|Col3|Col4| |---|---|---|---| |9.|Medical Technologists and Physician Associate Biomedical and Medical Equipment Technology Professional|(i) Biomedical Engineer|2149| |||(ii) Medical Equipment Technologist|3211| ||Physician Associate or Physician Assistant Note: Physician Associate or Physician Assistant is a person who performs basic clinical and administrative tasks to support patient care and is trained in a medical model such that he is qualified and competent to perform preventive, diagnostic and therapeutic services with physician supervision.|Physician Associates|3256| ||Cardio-vascular, Neuroscience and Pulmonary|(i) Cardiovascular Technologists|3259| ||Technology Professional|(ii) Perfusionist|3259| |||(iii) Respiratory Technologist|3259| ||Note: Cardio-vascular, Neuroscience and Pulmonary Technology Professionals include those persons who have studied and have thorough understanding of respiratory, neurological and circulatory system and also the ability to operate complex equipment related therein and includes professionals such as Perfusionist, Cardiovascular technologist, respiratory|(iv) Electrocardiogram (ECG) Technologist or Echocardiogram (ECHO) Technologist|3259| 33 ----- |Col1|technologist and Sleep Lab Technologists.|Col3|Col4| |---|---|---|---| |||(v) Electroencephalogram (EEG) or Electro-neurodiagnostic (END) or Electromyography (EMG) Technonlogists or Neuro Lab Technologists or Sleep Lab Technologists|3259| ||Renal Technology Professional Note: Renal Technology Professional is a person who deals with dialysis therapy process and technology to ensure an effective dialysis therapy to the patient and includes professionals such as Dialysis Therapy Technologists having baccalaureate degree who operate and maintain an artificial kidney machine, following approved methods.|Dialysis Therapy Technologists or Urology Technologists|3259| |10.|Health Information Management and Health Informatic Professional Note: Health and Information Management Professional is a person who develops, implements and assesses the health record processing, storage and retrieval systems in medical facilities and other health care settings to meet the legal, professional, ethical and administrative records- keeping requirements of health services delivery and processes, maintains, compiles and reports patient information for health requirements and standards in a manner consistent with the healthcare industry's numerical coding system.|(i) Health Information Management Professional (Including Medical Records Analyst)|3252| |||(ii) Health Information Management Technologist|3252| |||(iii) Clinical Coder|3252| |||(iv) Medical Secretary and Medical Transcriptionist|3344| 34 -----

30-Jul-2021

19

The National Institutes of Food Technology, Entrepreneurship and Management Act, 2021.

https://www.indiacode.nic.in/bitstream/123456789/16941/1/A202119.pdf

central

THE NATIONAL INSTITUTES OF FOOD TECHNOLOGY, ENTREPRENEURSHIP AND MANAGEMENT ACT, 2021 _______________ ARRANGEMENT OF SECTIONS ______________ # CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Declaration of certain Institutes as institutions of national importance. 3. Definitions. CHAPTER II THE INSTITUTES 4. Incorporation of Institutes. 5. Effect of incorporation of Institutes. 6. Powers and functions of Institutes. 7. Institutes to be open to all races, creed and classes. 8. Institutes to be not-for-profit legal entity. 9. Teaching at Institutes. CHAPTER III THE AUTHORITIES OF INSTITUTES 10. Authorities of Institutes. 11. Board of Governors. 12. Powers and functions of Board. 13. Term of office of, vacancies among, and allowances payable to, Members of Board. 14. Filling of casual vacancy. 15. Resignation of Members. 16. Senate. 17. Functions of Senate. 18. Powers and functions of Chairperson. 19. Director. 20. Registrar. 21. Other authorities and officers. 22. Appointments. 23. Statutes. 24. Statutes how made. 25. Ordinances. 26. Ordinances how made. 1 ----- # SECTIONS 27. Tribunal of Arbitration. CHAPTER IV THE COUNCIL 28. Establishment of Council. 29. Term of office of, vacancies among, and allowances payable to members of Council. 30. Functions of Council. 31. Meetings of Council. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 32. Grants by Central Government. 33. Fund of Institutes. 34. Accounts and audit. 35. Pension, insurance and provident funds. CHAPTER VI MISCELLANEOUS 36. Acts and proceedings not to be invalidate by vacancies, etc. 37. Protection of action taken in good faith. 38. Power to make rules. 39. Rules, Statutes and Ordinances to be published in Official Gazette and to be laid before Parliament. 40. Power to remove difficulties. 41. Transitional provisions. THE SCHEDULE 2 ----- THE NATIONAL INSTITUTES OF FOOD TECHNOLOGY, ENTREPRENEURSHIP AND MANAGEMENT ACT, 2021 ACT NO. 19 OF 2021 [30th July, 2021.] An Act to declare certain institutions of Food Technology, Entrepreneurship and Management to be the institutions of national importance and to provide for instructions and research in food technology, entrepreneurship and management and for the advancement of learning and dissemination of knowledge in such branches and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the National Institutes of Food** Technology, Entrepreneurship and Management Act, 2021. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Declaration of certain Institutes as institutions of national importance.—Whereas the objects** of the Institutes mentioned in the Schedule are such as to make them institutions of national importance, it is hereby declared that each such Institute is an institution of national importance. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” in relation to an Institute means the Board of Governors referred to in section 11; (b) “Chairperson” means the Chairperson of the Board; (c) “corresponding Institute” in relation to an Institute mentioned in column (2) of the Schedule, means an Institute as specified in column (3) of the said Schedule; (d) “Council” means the Council established under section 28; (e) “Director” means the Director of the Institute appointed under section 19; (f) “existing Institute” means an Institute mentioned in column (2) of the Schedule; (g) “Fund” means the Fund of the Institute to be maintained under section 33; (h) “Institute” means the Institute mentioned in column (3) of the Schedule; 1. 1st October, 2021, vide notification No. S.O. 4036(E), dated 30th September, 2021, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 3 ----- (i) “Member” means a Member of the Board and includes the Chairperson; (j) “notification” means a notification published in the Official Gazette; (k) “prescribed” means prescribed by rules made under this Act; (l) “Registrar” means the Registrar of the Institute appointed under section 20; (m) “Schedule” means the Schedule appended to this Act; (n) “Senate” means the Senate of the Institute referred to in section 16; (o) “Society” means the existing Institute registered as a Society under the Societies Registration Act, 1860 (21 of 1860); and (p) “Statutes and Ordinances” in relation to any Institute means, the Statutes and Ordinances of that Institute made under this Act. CHAPTER II THE INSTITUTES **4. Incorporation of Institutes.—On and from the date of commencement of this Act, each of the** Institute mentioned in column (3) of the Schedule shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. **5. Effect of incorporation of Institutes. —On and from the date of commencement of this Act,—** (a) any reference to an existing Institute in any other law for the time being in force or in any contract or other instrument shall be deemed as a reference to the corresponding Institute; (b) all properties, movable and immovable, of or belonging to an existing Institute shall vest in the corresponding Institute; (c) all rights and liabilities of an existing Institute shall be transferred to, and be the rights and liabilities of the corresponding Institute; (d) every person employed by an existing Institute immediately before such commencement shall hold his office or service in the corresponding Institute, with the same tenure, for the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held had this Act not been enacted, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms and conditions of the contract with the said employee or, if no provision is made therein in this behalf, on payment to him by the Institute, of compensation equivalent to three months' remuneration in case of permanent employee and one month's remuneration in the case of other employee: 4 ----- Provided further that any reference, by whatever form of words, to the Director or Vice Chancellor, and other officers of an existing Institute under any law for the time being in force, or any instrument or other document, shall be construed as a reference to the Director, and other officers of the corresponding Institute; (e) every person pursuing, before commencement of this Act, any academic or research course in an existing Institute, shall be deemed to have migrated and registered with the corresponding Institute, on such commencement at the same level of course in the Institute from which such person migrated; and (f) all suits and other legal proceedings instituted or which could have been instituted by or against an existing Institute, immediately before the commencement of this Act, shall be continued or instituted by or against the corresponding Institute. **6. Powers and functions of Institutes.—(1) Subject to the provisions of this Act, each Institute shall** exercise the following powers and perform the following functions, namely:— (a) to provide for instruction and research in such branches of food science and food technology, and any other branches of engineering, technology, science and management as the Institute may think fit, and for the advancement of learning and dissemination of knowledge in such branches; (b) to hold examinations and grant degrees, diplomas, certificates and other academic distinctions or titles; (c) to confer honorary degrees or other distinctions; (d) to fix, demand and receive fees and other charges; (e) to establish, maintain and manage halls and hostels for the residence of students; (f) to supervise and control the discipline of all categories of employees and students of the Institute and to make arrangements for promoting their health, general welfare, cultural and corporate life; (g) to provide for the maintenance of units of the National Cadet Corps for the students; (h) to institute academic and other posts and to make appointments thereto except the Director; (i) to deal with any property belonging to or vested in the Institute in such manner as the Institute may deem fit for advancing the objects of the Institute; (j) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable property from testators, donors or transferors, as the case may be; (k) to co-operate and collaborate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects; (l) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and 5 ----- (m) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute. (2) Notwithstanding anything contained in sub-section (1), an Institute shall not dispose of in any manner any immovable property without the prior approval of the Central Government. **7. Institutes to be open to all races, creed and classes.—(1) Each Institute shall be open to all** persons irrespective of gender, race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers, officers, employees or workers or in any other connection whatsoever. (2) No bequest, donation or transfer of any property shall be accepted by any Institute, which in the opinion of the Council involves conditions or obligations opposed to the spirit and object of this section. (3) The admission to every academic course or programme of study in each Institute shall be based on merit, assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such Institute: Provided that nothing in this section shall be deemed to prevent the Institute from making special provisions for the employment or admission of women, persons with disabilities or for persons belonging to any socially and educationally backward classes of citizens and, in particular, for the Scheduled Castes and the Scheduled Tribes: Provided further that each such Institute shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007). **8. Institutes to be not-for-profit legal entity.—(1) Each Institute shall be a not-for-profit legal entity** and no part of the surplus, if any, in revenue of the Institute, after meeting all expenditures in regard to its operations under this Act, shall be invested for any purpose other than for the growth and development of the Institute or for conducting research therein. (2) Each Institute shall strive to raise funds for self-sufficiency and sustainability. **9.Teaching at Institutes.—All teaching at each of the Institutes shall be conducted by or in the name** of the Institute in accordance with the Statutes and Ordinances made in this behalf. CHAPTER III THE AUTHORITIES OF INSTITUTES **10. Authorities of Institutes.—The following shall be the authorities of an Institute, namely:—** (a) a Board of Governors; (b) a Senate; and (c) such other authorities as may be declared by the Statutes to be the authorities of the Institute. **11. Board of Governors.—(1) The Board of Governors of each Institute shall be the principal** executive body of that Institute. (2) The Board of each Institute shall consist of the following Members, namely:— 6 ----- (a) a Chairperson, from amongst eminent persons distinguished in the field of food industry or education or food science or food processing technology or management or such other field, to be appointed by the Central Government; (b) the Director of the Institute — Member, ex officio; (c) the Chairperson of the Food Safety and Standards Authority of India or his nominee (d) the Director-General of the Indian Council of Agricultural Research or his nominee (e) one representative, not below the rank of a Director, of the Ministry or Department of the Central Government dealing with Food Processing Industries (f) two representatives having special knowledge in the field of food processing industry to be nominated by the Central Government (g) one representative from an Indian Institute of Management (h) one representative from an Indian Institute of Technology — Member, ex officio; — Member, ex officio; — Member, ex officio; — Members; — Member, ex officio; — Member, ex officio; (i) the Dean of Faculty of the Institute, if any — Member, ex officio; (j) Secretary to the Government of India in the Department of Higher Education or his nominee (k) three faculty members of the Institute from amongst Professors, Associate Professors and Assistant Professors, by rotation of seniority (l) one nominee of the concerned State Government not below the rank of a Joint Secretary — Member, ex officio; — Members, ex officio; — Member, ex officio; and (m) Registrar of the Institute — Member-Secretary, ex officio. (3) The Chairperson shall have the power to invite any number of experts, not being members of the Board, to attend meetings of the Board, but such invitees shall not be entitled to vote at the meeting. **12. Powers and functions of Board.—(1) Subject to the provisions of this Act, the Board of each** Institute shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall exercise all the powers of the Institute not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate. 7 ----- (2) Without prejudice to the provisions of sub-section (1), the Board of each Institute shall exercise the following powers and perform the following functions, namely:— (a) to take decision on questions of policy relating to the administration and working of the Institute; (b) to examine and approve the annual budget estimates of the Institute; (c) to examine and approve the plan for development of the Institute and to identify sources of finance for implementation of the plan; (d) to establish departments, faculties or schools of studies and initiate programmes or courses of study at the Institute; (e) to set-up centres of food processing studies and allied areas within the country after approval of the Central Government; (f) to grant degrees, diplomas and other academic distinctions or titles, and to institute and award fellowships, scholarships, prizes and medals; (g) to confer honorary degrees in such manner as may be specified by the Statutes; (h) to grant honorary awards and other distinctions; (i) to create academic, administrative, technical and other posts and determine, by Statutes, the qualification, classification, terms and conditions of service and method of appointment of such posts; (j) to set-up centres of food processing studies and allied areas outside India in accordance with the guidelines laid down by the Central Government from time to time and in accordance with the provisions of the laws for the time being in force in such foreign country; (k) to pay, variable pay to the Director of the Institute on the basis of performance objectives as may be specified by the Statutes; (l) to make, amend and repeal the Statutes; (m) to consider and modify or cancel the Ordinances; and (n) to exercise such other powers and perform such other functions as may be conferred on or assigned to it by this Act or the Statutes. (3) Subject to the provisions of this Act, the Board may, by Statutes, delegate such powers and functions of the Board to the Director as it may deem fit. (4) The Board shall conduct an annual review of the performance of the Director, in the context of the achievements of objects of the Institute: Provided that such review shall include performance review of faculty members of the Institute on such parameters, periodicity and terms of reference as may be determined by the Board. (5) The Board shall, through an independent agency or group of experts, within a period of three years from the date of incorporation of the Institute, and thereafter at least once every three years, 8 ----- evaluate and review the performance of the Institute, including its faculty, on the parameters of long term strategy and rolling plans of the Institute and such other parameters as the Board may decide and the report of such review shall be placed in public domain. (6) The qualifications, experience and the manner of selection of the independent agency or group of experts, referred to in sub-section (5), shall be such as may be specified by the Statutes. (7) The report of the evaluation and review under sub-section (5) shall be submitted by the Board to the Central Government along with an action taken report: Provided that the Central Government may after considering the report, give suggestions to the Board for further actions to be taken by it. (8) Where in the opinion of the Chairperson or the Director, the situation is so emergent that an immediate decision needs to be taken in the interest of the Institute, the Chairperson, in consultation with the Director, may issue such orders as may be necessary after recording the grounds for his opinion: Provided that such orders shall be submitted for ratification by the Board in the next meeting. (9) The Board shall, in exercise of its powers and discharge of its functions under this Act, be accountable to the Central Government, and the Central Government may issue directions to the Board in public interest on the matters of policy. (10) The Board shall have the power to appoint such Committees as it considers necessary for the exercise of its powers and performance of its functions under this Act. **13. Term of office of, vacancies among, and allowances payable to, Members of Board.—(1)** Save as otherwise provided in this section, the term of office of the Chairperson or a Member, other than an ex officio Member, shall be for a period of three years from the date of his appointment or nomination. (2) The term of office of an ex officio Member shall continue so long as he holds the office by virtue of which he is a member of the Board. (3) Notwithstanding anything contained in this section, an outgoing Member, other than an ex officio Member, shall, unless the Council otherwise directs, continue in office until another person is nominated as a Member in his place or until the expiry of six months whichever is earlier. (4) The Members of the Board, other than an ex officio Member, shall be entitled to such allowances, as may be provided by the Statutes. **14. Filling of casual vacancy.—When a vacancy occurs in the office of the Chairperson or Member** whether by reason of removal, resignation, death or otherwise, such vacancy shall be filled within a period of six months from the date of such vacancy in accordance with the provisions of section 11. **15. Resignation of Members.—The Chairperson or a Member, other than an** _ex officio Member,_ may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or a Member, other than an _ex officio Member, shall, unless he is_ permitted by the Central Government to relinquish his office sooner, continue to hold office until the 9 ----- expiry of six months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. **16. Senate.—(1) The Senate shall be the principal academic body of the Institute, consisting of the** following persons, namely:— (a) the Director — Chairperson, ex officio; (b) the Registrar — Member, ex officio; (c) all full time faculty at the level of Professors appointed or recognised as such by the Institute for the purpose of imparting instructions in the Institute (d) three persons, not being employees of the Institute, to be nominated by the Board in consultation with the Director from amongst academicians of repute, one each from the fields of food science, management and food technology (e) such other members of the staff as may be laid down in the Statutes — Members, ex officio; — Members; and — Members, ex officio. (2) The term of office of a Member nominated under clause (d) of sub-section (1) shall be two years from the date of his nomination. (3) The term of office of an ex officio Member shall continue so long as he holds the office by virtue of which he is a Member. **17. Functions of Senate.—Subject to the provisions of this Act, the Statutes and the Ordinances, the** Senate of an Institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the Institute and shall exercise such other powers and perform such other functions as may be conferred on or assigned to it by the Statutes. **18. Powers and functions of Chairperson.—(1) The Chairperson shall ordinarily preside at the** meetings of the Board and at the Convocations of the Institute. (2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Board are implemented. (3) The Chairperson shall exercise such other powers and perform such other functions as may be conferred on or assigned to him by this Act or the Statutes. **19. Director.—(1) The Director shall be appointed by the Board.** (2) The Director shall be the principal academic and executive officer of the Institute and shall be responsible for the proper administration of the Institute and for imparting of instruction and maintenance of discipline therein. (3) The Director shall submit annual reports and accounts to the Board. 10 ----- (4) The Director shall exercise such other powers and perform such other functions as may be conferred on or assigned to him by this Act or the Statutes or Ordinances. **20. Registrar.—(1) The Registrar of each Institute shall be appointed on such terms and conditions as** may be laid down by the Statutes and shall be the custodian of the records, common seal, funds of the Institute and such other property of the Institute as the Board shall commit to his charge. (2) The Registrar shall act as the Secretary of the Board, the Senate and such Committees as may be specified by the Statutes. (3) The Registrar shall be responsible to the Director for the proper discharge of his functions. (4) The Registrar shall exercise such other powers and perform such other functions as may be conferred on or assigned to him by this Act or the Statutes or by the Director. **21. Other authorities and officers.—The powers and functions of other authorities and officers,** other than those mentioned above, shall be such as may be determined by the Statutes. **22. Appointments.— All appointments of the staff of every Institute shall be made in accordance** with the procedure laid down in the Statutes, by— (a) the Board, if the appointment is of the academic staff in the post of Assistant Professor or above or if the appointment is of the non-academic staff in any post which is above level 7 in the pay matrix; and (b) the Director, in any other case. **23. Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the** following matters, namely:— (a) the conferment of honorary degrees; (b) the formation of departments of teaching; (c) the fees to be charged for courses of study in the Institute and for admission to the examinations for degrees and diplomas of the Institute; (d) the institution of fellowships, scholarships, exhibitions, medals and prizes; (e) the qualifications, classification, terms and conditions of service and method of appointment to academic, administrative, technical and other posts; (f) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute; (g) the constitution, powers and functions of the authorities of the Institute; (h) the establishment and maintenance of halls and hostels; (i) the conditions for residence of students of the Institute and charging of fees for residence in the halls and hostels and other charges; (j) the manner of filling up the vacancies of Members of the Board; 11 ----- (k) the allowances to be paid to the Chairperson and Members of the Board; (l) the authentication of the orders and decisions of the Board; (m) the financial accountability of the Institute; (n) the meetings of the Board, the Senate, or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business; and (o) any other matter which, by this Act, is required to be, or may be, specified by the Statutes. **24. Statutes how made.—(1) The first Statutes of each Institute shall be framed by the Council with** the previous approval of the Central Government and a copy of the same shall be laid as soon as may be after they are made before each House of Parliament. (2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter provided in this section. (3) Every new Statute or addition to the Statutes or any amendment or repeal of Statute shall require the previous approval of the Central Government which may approve it or remit it to the Board for consideration. (4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been approved by the Central Government. **25. Ordinances.—Subject to the provisions of this Act and the Statutes, the Ordinances of the** Institute may provide for all or any of the following matters, namely:— (a) the admission of the students to the Institute; (b) the courses of study to be laid down for all degrees and diplomas of the Institute; (c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the Institute, and shall be eligible for degrees and diplomas; (d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; (e) the conditions and mode of appointment and duties of examining bodies, examiners and moderators; (f) the conduct of examinations; (g) the maintenance of discipline among the students of the Institute; and (h) any other matter which, by this Act or the Statutes, is to be or may be provided for by the Ordinances. **26. Ordinances how made.—(1) Save as otherwise provided in this section, the Ordinances shall be** made by the Senate. (2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be after it is made, to the Board and shall be considered by the Board at its next meeting. 12 ----- (3) The Board shall have power by resolution to modify or cancel any Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. **27. Tribunal of Arbitration.—(1) Any dispute arising out of a contract between the Institute and any** of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee concerned, and an umpire appointed by the Central Government. (2) The decision of the Tribunal of Arbitration shall be final, and no suit shall lie in any civil court in respect of the matters decided by the said Tribunal: Provided that nothing in this sub-section shall preclude the employee or the Institute, as the case may be, from availing the judicial remedies available under articles 32 and 226 of the Constitution. (3) The Tribunal of Arbitration shall have power to regulate its own procedure. (4) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section. CHAPTER IV THE COUNCIL **28. Establishment of Council.—(1) With effect from such date as the Central Government may, by** notification, specify in this behalf, there shall be established a central body to be called the Council. (2) The Council shall consist of the following members, namely:— (a) the Minister in-charge of Food Processing Industries, Central Government (b) the Minister of the State for Food Processing Industries, Central Government (c) Chairperson, Food Safety and Standards Authority of India (d) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Finance (e) the Chief Executive Officer, National Institution for Transforming India (f) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Higher Education (g) three representatives of eminence from Food Processing Industry to be nominated by the Chairperson of the Council — Chairperson, ex officio; — member, ex officio; — member, ex officio; — member, ex officio; — member, ex officio; — member, ex officio; — members; 13 ----- (h) three eminent academicians known for their contribution in the field of food processing, to be nominated by the Chairperson of the Council (i) three Members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States — members; —members: Provided that the office of member of the Council shall not disqualify its holder for being chosen as or for being a Member of either House of Parliament; (j) the Secretary to the Government of India in-charge of the Ministry of the Central Government dealing with Food Processing Industries — Member-Secretary, ex officio. (3) The Central Government may, by order, designate one amongst the members as Vice-chairperson to the Council. **29. Term of office of, vacancies among, and allowances payable to members of Council.—(1)** Save as otherwise provided in this section, the term of office of a member of the Council, other than an _ex officio member, shall be for a period of three years from the date of his nomination:_ Provided that the term of member referred to in clause (i) of sub-section (2) of section 28 shall come to an end as soon as the member becomes a Minister or Minister of State or Deputy Minister or the Speaker or the Deputy Speaker of the House of the people or the Deputy Chairman of the Council of States or ceases to be a Member of the House from which he was elected. (2) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member. (3) The members of the Council referred to in clauses (g) and (h) of sub-section (2) of section 28 shall hold office during the pleasure of the Central Government. (4) The vacancy of a member of the Council, other than an _ex officio member, shall be filled up in_ such manner as may be prescribed. (5) The term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been so nominated. (6) Notwithstanding anything contained in this section, an outgoing member, other than an ex officio member, shall, unless the Central Government otherwise directs, continue in office until another person is nominated as a member in his place or until the expiry of six months whichever is earlier. (7) The members of the Council, other than _ex officio members, shall be paid such travelling and_ other allowances as may be provided by the Statutes. (8) A member of the Council other than an ex officio member may be removed from his office by the Central Government in such circumstances and manner as may be prescribed. 14 ----- **30. Functions of Council.—(1) It shall be the general function of the Council to co-ordinate the** activities of all the Institutes and it shall facilitate the sharing of experiences, ideas and concerns with a view to enhance the performance of the Institutes. (2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:— (a) to lay down broader policy framework for the functioning of the Institutes; (b) to recommend to the Central Government, the institution of scholarships including for research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens; (c) to deliberate on such matters of common interest to Institutes as may be referred to it by an Institute; (d) to promote necessary coordination and co-operation in the working of the Institutes; (e) to review the achievement of policy objectives; and (f) to perform such other functions as may be prescribed. **31. Meetings of Council.—The Council shall meet at such time and place and follow such procedure** in its meetings (including quorum at such meetings) as may be prescribed. CHAPTER V FINANCE, ACCOUNTS AND AUDIT **32. Grants by Central Government.—For the purpose of enabling the Institutes to discharge their** functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to each of the Institute in each financial year such sums of money and in such manner as it may think fit. **33. Fund of Institutes.—(1) Each Institute shall maintain a Fund to which shall be credited,—** (a) all moneys provided by the Central Government; (b) all fees and other charges received by the Institute; (c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the Institute in any other manner or from any other source. (2) All moneys credited to the Fund of each Institute shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Board, decide. (3) The Fund of each Institute shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its functions under this Act. **34. Accounts and audit.—(1) Each Institute shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts including the balance sheet in such form and manner 15 ----- as may be prescribed by the Central Government in consultation with the Comptroller and AuditorGeneral of India. (2) The accounts of each Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of any Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute. (4) The accounts of each Institute as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament in accordance with such procedure as may be laid down by the Central Government. **35. Pension, insurance and provident funds.—(1) Each Institute shall constitute for the benefit of** its employees, including the Director, in such manner and subject to such conditions as may be specified by the Statutes, such pension, insurance and provident funds as it may deem fit. (2) Where the provident fund referred to in sub-section (1) has been constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund as if it were a Government Provident Fund. CHAPTER VI MISCELLANEOUS **36. Acts and proceedings not to be invalidate by vacancies, etc.—No act of the Council, or any** Institute, or Board, or Senate or any other Committee set up under this Act or the Statutes shall be invalid merely by reason of— (a) any vacancy in, or defect in, the constitution thereof; or (b) any defect in the nomination or appointment of a person acting as member thereof; or (c) any irregularity in its procedure not affecting the merits of the case. **37. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Chairperson or Members of the Board, Senate or Council or any officer or employee of the Institute for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act, the Statutes or the Ordinances. **38. Power to make rules.—(1) The Central Government may, by notification, make rules to carry** out the provisions of this Act. 16 ----- (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of filling up the vacancy under sub-section (4) of section 29; (b) the circumstances and the manner in which a member of the Council may be removed from his office under sub-section (8) of section 29; (c) the other functions of the Council under clause (f) of sub-section (2) of section 30; (d) the time and place of meeting of the Council, its quorum and the procedure for conducting business therein under section 31; (e) the form and manner in which the annual statement of accounts including the balance sheet shall be prepared under sub-section (1) of section 34; and (f) any other matter which is required to be, or may be, prescribed. **39. Rules, Statutes and Ordinances to be published in Official Gazette and to be laid before** **Parliament.—(1) Every rule, every Statute and every Ordinance made under this Act shall be published** in the Official Gazette. (2) Every rule, every Statute and every Ordinance made under this Act shall be laid, as soon as may be, after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, Statute or Ordinance or both Houses agree that the rule, Statute or Ordinance should not be made, the rule, Statute or Ordinance shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, Statute or Ordinance. **40. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **41. Transitional provisions.—Notwithstanding anything contained in this Act,—** (a) the Board of Governors of an Institute functioning as such immediately before the commencement of this Act shall continue to function until a new Board is constituted for that Institute under this Act, but on the constitution of a new Board under this Act, the members of the existing Board holding office before such constitution shall cease to hold office; 17 ----- (b) until the first Statutes and Ordinances are made under this Act, the Statutes and Ordinances of the existing Institutes, as in force immediately before the commencement of this Act, shall continue to apply to the corresponding Institutes in so far as they are not inconsistent with the provisions of this Act. 18 ----- THE SCHEDULE [See section 4] Sl. No. Name of existing Institute Name of corresponding Institute (1) (2) (3) 1. National Institute of Food Technology Entrepreneurship and Management (NIFTEM) Kundli, Haryana. 2. Indian Institute of Food Processing Technology (IIFPT) Thanjavur, Tamil Nadu. National Institute of Food Technology, Entrepreneurship and Management,. Kundli, Haryana. National Institute of Food Technology, Entrepreneurship and Management, Thanjavur, Tamil Nadu. 19 -----

11-Aug-2021

24

The Inland Vessels Act, 2021

https://www.indiacode.nic.in/bitstream/123456789/17048/1/a2021-24.pdf

central

# THE INLAND VESSELS ACT, 2021 __________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Application and scope. 3. Definitions. CHAPTER II DECLARATION OF INLAND WATER AREA INTO ZONES 4. Declaration of inland water area into Zones. CHAPTER III ADMINISTRATIVE PROVISIONS 5. Administrative role of Central Government and State Governments. 6. Competent authority. CHAPTER IV SURVEY OF INLAND VESSELS 7. Power to classify and categorise for purpose of survey. 8. Construction, alteration or modification of mechanically propelled inland vessel. 9. Survey of vessels. 10. Appointment and qualifications of surveyors. 11. Powers of surveyors. 12. Grant of certificate of survey and procedures. 13. Provisional certificate of survey and its effect. 14. Mechanically propelled inland vessels not to proceed without certificate of survey, and requirement of Zone to be specified in such certificate. 15. Suspension and cancellation of certificate of survey. 16. Delivery of expired, suspended or cancelled certificate of survey. CHAPTER V REGISTRATION 17. Registration 18. Requirement of certificate of registration. 19. Owner or master to carry certificate of registration. 20. Appointment of ports or places of registry and Registrars of Inland Vessels. 21. Book of registry. 22. Central database of inland vessels. 23. Application and processes of registration of vessels. 24. Grant of certificate of registration and marking of vessel. 25. Effect of certificate of registration. 26. Duplicate certificate. 27. Provisional certificate of registration. 1 ----- SECTIONS 28. Registration of modifications or alterations. 29. Change of residence or place of business. 30. Prohibition against transfer of ownership of registered vessel. 31. Suspension of certificate of registration. 32. Cancellation of registration. 33. Mortgage of mechanically propelled inland vessel or share therein. CHAPTER VI MANNING, QUALIFICATION, TRAINING, EXAMINATION AND CERTIFICATION 34. Training and minimum age for employment. 35. Minimum manning scale and manning requirements. 36. Appointment and duties of examiners. 37. Grant of certificate of competency. 38. Certificate of service. 39. Effect of certificate of competency or certificate of service. 40. Suspension and cancellation of certificate. 41. Registry of certificate holders and central registry. CHAPTER VII SPECIAL CATEGORY VESSELS 42. Special category vessels. 43. Appointment or authorisation of officers to implement provisions, grant certificate of fitness, etc. 44. Safety of passengers or service users. 45. Inspection of vessel. 46. Suspension or cancellation of certificate of fitness. CHAPTER VIII NAVIGATION SAFETY AND SIGNALS 47. Navigation safety, lights and signals. 48. Obligation to ensure safe navigation. 49. Distress signal. 50. Assistance to vessels in distress and persons in distress. 51. Life saving, fire safety and communication appliances. CHAPTER IX PREVENTION OF POLLUTION CAUSED BY INLAND VESSEL 52. Chemicals, etc., to be designated as pollutants. 53. Certificate of prevention of pollution. 54. Reception facilities and containment of pollution. 55. Appointment of surveyor or officer to inspect. 56. Investigation into incidents of pollution. CHAPTER X WRECK AND SALVAGE 57. Prohibition against intentionally causing wreck. 58. Receivers of wreck. 2 ----- SECTIONS 59. Powers of Central Government to make rules for Chapter X. CHAPTER XI LIABILITY AND LIMITATION OF LIABILITY 60. Liability under Act. 61. Apportionment of loss. 62. Liability for personal injury, loss of life or pollution to environment. 63. Detention of mechanically propelled inland vessel. 64. Limitation of liability. 65. Non-applicability of limitation. CHAPTER XII INSURANCE OF MECHANICALLY PROPELLED VESSELS PLYING IN INLAND WATERS 66. Insurance to cover. 67. Contractual liability not to cover. 68. Issuance and terms of insurance policy. 69. Duty to indemnify and direct action against insurer. 70. Effect of death on certain causes of action. 71. Effect of certificate of insurance. 72. Transfer of certificate of insurance. 73. Powers of Central Government to make rules for Chapter XII. CHAPTER XIII INQUIRY INTO CASUALITY, ACCIDENT OR WRECK 74. Reporting of casualty, accident, wreck, etc. 75. Preliminary enquiry by designated authority and inquiry by District Magistrate. 76. Assessors. 77. Report of District Magistrate to be notified by State Government. 78. Powers of District Magistrate subsequent to inquiry. 79. Power of State Government to suspend, cancel and confiscate certificate. CHAPTER XIV REGULATION OF TRADE PRACTICES 80. Powers of Central Government to protect interests of service providers and service users. 81. Prohibited goods and dangerous goods. 82. Trade permission and endorsement of certificates of foreign vessels. CHAPTER XV PILOTAGE, VESSEL DETENTION AND DEVELOPMENT FUND 83. Pilotage. 84. Certified master to be deemed pilot under Act 15 of 1908. 85. Vessel detention and forfeiture. 86. Constitution of Development Fund. 3 ----- CHAPTER XVI OFFENCES AND PENALTIES SECTIONS 87. Offences and penalties. 88. Offences by company, limited liability partnership firm or any such arrangement. 89. Fees, additional fee, payment and collection. 90. Cognizance of offence. CHAPTER XVII NON-MECHANICALLY PROPELLED INLAND VESSEL 91. Local self-governance. 92. Obligation to enroll. 93. Certificate of enrolment and marking of vessel. 94. Standards of construction and safety. 95. Power of State Government to make rules to regulate non-mechanically propelled inland vessels. 96. Constitution of welfare fund. CHAPTER XVIII MISCELLANEOUS 97. Desertion and absence without leave. 98. General powers of Central Government to make rules. 99. Emergency preparedness. 100. Removal of lawful obstruction. 101. Validity of certificates issued under laws other than this Act. 102. Obstruction to officer appointed or authorised. 103. Place of trial. 104. Composition of offences. 105. Appeal. 106. Power of Central Government to make rules. 107. Power of State Government to make rules. 108. Power of Central Government to give directions. 109. Protection of action taken in good faith. 110. Power to remove difficulties. 111. Consistency with other laws. 112. Suspension or alteration of application and operation of Act. 113. Laying of rules and notifications. 114. Repeal and savings. 4 ----- # THE INLAND VESSELS ACT, 2021 ACT NO. 24 OF 2021 [11th August, 2021.] # An Act to promote economical and safe transportation and trade through inland waters, to bring uniformity in application of law relating to inland waterways and navigation within the country, to provide for safety of navigation, protection of life and cargo, and prevention of pollution that may be caused by the use or navigation of inland vessels, to ensure transparency and accountability of administration of inland water transportation, to strengthen procedures governing the inland vessels, their construction, survey, registration, manning, navigation and such other matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Inland Vessels Act,** 2021. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for bringing into force different provisions of this Act in different States or Union territories, as it may deem fit by the Central Government. **2. Application and scope.—(1) Save as otherwise expressly provided in this Act, the provisions of** Chapters I, III, X, XVI and XVIII shall apply to all inland vessels plying within inland waters of India, and— (a) Chapters IV, V, VI, VIII, IX, X, XI, XII, XIII and XIV shall apply to all mechanically propelled vessels registered under this Act; (b) Chapters VIII, IX, X, XI, XII and XIII shall apply to vessels registered under such laws in force in India other than this Act, or registered in such laws in force in any country other than India; but endorsed or recognised under this Act for the purpose of plying within inland waterways; (c) Chapters IV, V, VI, VII, VIII, IX, X, XI, XII, XIII and XIV shall apply to all vessels identified as special category vessels plying or using inland waterways; (d) Chapter XVII shall apply to all non-mechanically propelled inland vessels. (2) Notwithstanding anything contained in sub-section (1), the Central Government or the State Government, as the case may be, may extend the application of any Chapter or provision of this Act to any class or category of inland vessels, or to any region of inland waters, by notification in the Official Gazette. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “authorised insurer” means any insurance company carrying on any class of marine insurance business, which is registered or recognised by the Central Government under any law for the time being in force in India; 1. **16th February, 2022,--Section 1 and 106,** _vide_ Notification S.O. 743(E), dated 16th February, 2022, _see Gazette of India,_ Extraordinary, Part II, sec. 3(ii). 2. 7th of June, 2022,--Section 2 to 105 and 107 to 114, _vide_ Notification S.O. 2604(E), dated 7th June, 2022, _see Gazette of_ India, Extraordinary, Part II, sec. 3(ii). 5 ----- (b) “bareboat charter” means an arrangement for the hiring of a vessel without crew, where the charterer is responsible for appointing the crew and making other arrangements; (c) “bareboat charter-cum-demise” is a bareboat charter where the ownership of the vessel is intended to be transferred after a specified period to the company to which it has been chartered; (d) “cargo terminal” means a place designated for the loading, or unloading, or any other allied processes of such loading or unloading of cargo in a port, jetty, wharf or such other places developed within inland waters for the purpose of loading and unloading of cargo; (e) “casualty” includes any vessel which— (i) is lost, abandoned, materially damaged; (ii) causes loss of material or damage to any other vessel; (iii) causes any loss of life or personal injury; (iv) causes pollution as a result of or in connection with its operation; (f) “central database” means the centralised record maintained for recording the data and details of— (i) vessels; (ii) registration of vessels; (iii) crew and manning in the vessels; (iv) certificates issued in respect of vessels; (v) reception facilities; and (vi) such other data, to be recorded and maintained in the form of an electronic portal or in such other form and manner as may be prescribed by the Central Government; (g) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance of the insurance premium paid by the insured, and includes a cover note complying with such requirements as may be prescribed by the Central Government; (h) “competent authority” means the authority referred to in section 6; (i) “court” means any civil court, revenue court or High Court having jurisdiction over the matters of liabilities and offences as provided in this Act including investigation and inquiry into claims arising out of causalities and accidents within its jurisdiction; (j) “cover note” includes any note of undertaking issued by the insurer who promises to cover the liability and to indemnify the losses incurred by the insured as provided in the contract of insurance; (k) “crew” means personnel employed for operation or serving on an inland vessel other than master or passengers as a part of performing the functions of manning; (l) “dangerous cargo” means any cargo, which, due to its nature, form or content as a whole or in part, are declared as dangerous or potentially dangerous while carried in on any class or category of inland vessels in inland waters under this Act or any other law for the time being in force; (m) “dangerous goods” means any goods, which, due to its nature, form or content as a whole or in part, are declared as dangerous or potentially dangerous while carried in on any class or category of inland vessels in inland waters under this Act or any other law for the time being in force; (n) “designated authority” means the authorities appointed by State Government under sub section (3) of section 5; (o) “fishing vessel” means a vessel fitted with mechanical mode of propulsion, which is exclusively engaged in fishing for profit, within inland waters; 6 ----- (p) “hazardous chemical” means any chemical, which has been designated as pollutants under this Act or any other law for the time being in force in India; (q) “inland vessel” includes any mechanically propelled inland vessel or non-mechanically propelled inland vessel which is registered and plying in inland waters, but does not include— (i) a fishing vessel registered under the Merchant Shipping Act, 1958 (44 of 1958) or the Marine Products Export Development Authority Act, 1972 (13 of 1972); and (ii) any vessel that are specified as not to be inland vessels by notification by the Central Government. _Explanation.—For the purposes of this clause, it is clarified that a vessel registered under the_ Merchant Shipping Act, 1958 (44 of 1958) and plying within the inland waters shall be deemed to be an inland vessel registered under this Act; (r) “inland waters”, for the purpose of inland navigation, includes any— (i) canal, river, lake or other navigable water inward of baseline or as may be declared by notification in the Official Gazette by the Central Government; (ii) tidal water limit, as may be declared by notification in the Official Gazette by the Central Government; (iii) national waterways declared by the Central Government; and (iv) other waters as may be declared by notification in the Official Gazette by the Central Government; (s) “lien” is a legal right or interest that a creditor has in the inland vessel or any property thereof, retained until a debt or duty is secured, or the performance of some other obligation is satisfied; (t) “limitation of liability” means the rate or extent of liability within which the owner or such other persons entitled under this Act, may limit the liability or be permitted to limit or cap the liability arising out of claims, in accordance with the procedure laid down and the rates, as may be specified in this Act or as may be prescribed by the Central Government; (u) “load line” means a water line which is marked on an inland vessel to denote the safe carrying or loading capacity of such vessel; (v) “master” includes any person including serang or such other person, who is in command or in charge of any inland vessel, and does not include a pilot or harbour master; (w) “material fact” means a fact of such a nature, which determines the judgment of a prudent insurer, in assessing the extent of his liability, premium to be charged, conditions to be specified and such other terms to be entered and incorporated in a policy of insurance governing the relationship with the insured; (x) “material particular” means any particular of such a nature, which determines the judgment of a prudent insurer, in assessing the extent of his liability, premium to be charged, conditions to be specified and such other terms to be entered and incorporated in a policy of insurance governing the relationship with the insured; (y) “mechanically propelled inland vessel” means— (i) any inland vessel in the inland waters which is propelled by mechanical means of propulsion; or (ii) floating units, floating surfaces, dumb vessels, barges, rigs, jetties or such other non mechanically propelled inland vessel, which are towed or pushed with the assistance of another mechanically propelled vessel and used for carriage, storage, transportation and accommodation of passengers and cargo in or through inland waters; (z) “minimum manning requirement” means the standard and number of persons required for safe manning and navigation of vessels, as may be prescribed by the Central Government; 7 ----- (za) “non-mechanically propelled inland vessel” means any vessel which is not a mechanically propelled inland vessel; (zb) “notification” means a notification published in the Gazette of India or the Official Gazette of a State, as the case may be, and the expression “notify” with its grammatical variation and cognate expressions shall be construed accordingly; (zc) “obnoxious substance” means any substance, which has been designated as pollutants under this Act or any other law for the time being in force in India; (zd) “official number” means the number assigned to any vessel by the Registrar of Inland Vessels or such other person appointed under this Act, to be affixed or displayed on a conspicuous part of such vessel to refer, distinguish and identify one vessel from another; (ze) “oil” means any edible oil carried on vessel as cargo or persistent oil such as crude oil, heavy diesel oil, lubricating oil and white oil, carried on board of a vessel as cargo or fuel; (zf) “oily mixture” means a mixture with any oil content; (zg) “owner” means operator, charterer, beneficial owner or registered owner, who is responsible for the activities of the vessel and shall be under obligation to comply with the provisions of this Act in relation to, or in possessing express or implied title under this Act or any other law for the time being in force; (zh) “passenger” means any person carried on board of a vessel, except persons employed or engaged in any capacity on board of the vessel in connection with the business of the vessel; (zi) “passenger terminal” means the terminal designated for the embarking or dis-embarking of passengers and the permitted cargo, in a port, jetty, wharf or like places; (zj) “passenger vessel” means any vessel permitted to carry more than twelve passengers; (zk) “pilot” means a person appointed by the owner of the vessel to assist the master or to steer the vessel in such area of inland water in accordance with the mandatory requirements, as specified in section 83; (zl) “prescribed” means prescribed by rules by the Central Government or a State Government, as the case may be; (zm) “priority of lien” means the ranking of liens in the order in which they are perfected or recorded in the book of registry maintained at every port or place of registry; (zn) “reciprocating country” means any country, as may on the basis of reciprocity, specified by notification by the Central Government to be a reciprocating country for the purposes of this Act; (zo) “recognised organisation” means any organisation recognised and authorised by the Central Government to perform and execute the functions involved in survey, classification or certification of vessels; (zp) “salvage” means an act of the salvor in retrieving or saving any property or life in danger due to wreck or accident and includes all expenses incurred by the salvor in the performance of salvage services; (zq) “salvor” means any person who conducts salvage operations; (zr) “service provider” includes any person, who in the capacity of owner or operator of an inland vessel used or plying in inland waters, providing services to any service user for the purposes of transportation, storage or accommodation; (zs) “service user” includes any person who as a passenger or owner of cargo or freight forwarder, uses the services of any inland vessel in the inland waters for transportation, storage or accommodation purposes; (zt) “special category vessel” means a mechanically propelled inland vessel that is identified under this Act as special by considering its use, purpose, function or utility or the means of 8 ----- propulsion including the fuelling system or source of power for propulsion, such as liquefied natural gas, electrical propulsion, the design, dimensions of construction or areas of operation or such other criteria or standards; (zu) “vessel” includes every description of water craft used or capable of being used in inland waters, including any ship, boat, sailing vessel, tug, barge or other description of vessel including non-displacement craft, amphibious craft, wing-in-ground craft, ferry, roll on-roll-off vessel, container vessel, tanker vessel, gas carrier or floating unit or dumb vessel used for transportation, storage or accommodation within or through inland waters; (zv) “wreck” means a state of any vessel, or goods or a part or property of such vessel or carried on the vessel,— (i) which have been cast into or have fallen into the inland waters and then sunk and remain under water or remains floating on the surface; or (ii) which have sunk in the inland waters, but are attached to a floating object in order that they may be found again; or (iii) which are intentionally thrown away or abandoned without hope or intention of recovery; or (iv) which by its presence in inland waters, is a hazard or causes impediment to navigation, or adversely affects safety of life or causes pollution. CHAPTER II DECLARATION OF INLAND WATER AREA INTO ZONES **4. Declaration of inland water area into Zones.—(1) The State Government may, for the purposes** of this Act, declare by notification any inland water area to be a “Zone” depending on the maximum significant wave height criteria specified in sub-section (2). (2) For the purposes of sub-section (1), the State Government may classify the maximum significant wave height criteria into the following Zones, namely:— (i) Zone 1 refers to the area (other than Zone 2 or Zone 3) where the maximum significant wave height does not exceed 2.0 metres; (ii) Zone 2 refers to the area (other than Zone 3) where the maximum significant wave height does not exceed 1.2 metres; and (iii) Zone 3 refers to the area where the maximum significant wave height does not exceed 0.6 metres. CHAPTER III ADMINISTRATIVE PROVISIONS **5. Administrative role of Central Government and State Governments.—(1) The Central** Government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under, or in relation to any such provision of this Act, or the rules made thereunder, or as may be specified in the order allocating the duties, shall, subject to such conditions and restrictions as may be so specified, also be exercisable by the competent authority or by such other officer as may be specified in that order. (2) On and from the date of issue of notifications or rules made by the Central Government under the provisions of this Act, the provisions shall,— (a) uniformly apply in whole or in any part of India, as may be specified therein; and (b) prevail over such notifications or rules, as the case may be, issued or made by the State Governments. 9 ----- (3) The State Governments may, by notification, appoint one or more designated authorities within their respective jurisdiction for the purposes of exercising or discharging the powers, authority or duties conferred, by or under this Act and the rules made thereunder. (4) Notwithstanding anything contained in sub-section (1) and section 6, the existing administrative authorities constituted under State Governments or Union territory Administrations may continue to be the designated authorities for the purposes of sub-section (3). (5) The State Government may, for the purposes of implementing the various provisions of this Act and the rules made thereunder, by general or special order, direct that any power or authority conferred under this Act, subject to such conditions and restrictions as it may think fit, be exercised or discharged by the respective designated authorities or any officer or any other organisation or body. (6) Save as otherwise provided in this Act, the State Government shall have the power to make rules and shall exercise the powers conferred on it, as provided by or under this Act. (7) Notwithstanding anything to the contrary in this Act, for the purposes of administration of the non-mechanically propelled inland vessels, as specified in Chapter XVII, the Central Government shall have no powers of administration and shall only provide assistance to the respective State Government, on receipt of official request from such State Government. **6. Competent authority.—The Inland Waterways Authority of India, constituted under section 3 of** the Inland Waterways Authority of India Act, 1985 (82 of 1985) shall be the competent authority for the purpose of exercising or discharging the powers, authority or duties conferred, by or under this Act. CHAPTER IV SURVEY OF INLAND VESSELS **7. Power to classify and categorise for purpose of survey.—(1) For the purposes of this** Chapter, — (a) the classification of mechanically propelled vessels; (b) the criteria for such classification; and (c) the standards of design, construction, fitness and crew accommodation of such vessels, shall be such, as may be prescribed by the Central Government. (2) The State Government shall classify and categorise mechanically propelled inland vessels on the basis of criteria and standards referred to in sub-section (1). **8. Construction, alteration or modification of mechanically propelled inland vessel.—(1) No** person shall construct any mechanically propelled inland vessel, or alter or modify any mechanically propelled inland vessel so as to affect its strength, stability or safety, except with prior approval of the designated authority, in such manner as may be prescribed by the Central Government. (2) The list of alterations or modifications referred to in sub-section (1), which would affect the strength, stability or safety of any mechanically propelled inland vessel, and the criteria therefor, shall be such as may be specified by the Central Government, by notification. **9. Survey of vessels.—(1) The standard for type and periodicity of surveys for every mechanically** propelled inland vessel shall be such as may be prescribed by the Central Government. (2) The owner, operator, master or construction yard or any other applicant, as the case may be, shall submit a request for survey in such form and content as may be prescribed by the Central Government. **10. Appointment and qualifications of surveyors.—(1) For the purposes of this Act, the State Government** may, by notification, appoint officers or persons as surveyors of inland vessels and such surveyors shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (2) The minimum criteria and qualifications for the appointment of surveyors, which the State Governments shall adopt in the appointment of surveyors, shall be such as may be prescribed by the Central Government. 10 ----- **11. Powers of surveyors.—(1) On receipt of the application from the owner or master or construction** yard for conducting survey, in such form and within such time as may be prescribed by the Central Government, the surveyor may board or enter and inspect a mechanically propelled inland vessel: Provided that the surveyor shall not unnecessarily hinder the loading or unloading of cargo or; embarking or dis-embarking of passengers of the mechanically propelled inland vessel, or unnecessarily detain or delay her from proceeding on any voyage. (2) The owner, operator, master and crew of the mechanically propelled inland vessel shall render the surveyor, all reasonable facilities for conducting survey, and all information with respect to such mechanically propelled inland vessel, and her machinery or any part thereof, and all equipment and articles on board, as he may require for the purposes of a survey. **12. Grant of certificate of survey and procedures.—(1) On completion of survey of a mechanically** propelled inland vessel, the surveyor shall forthwith issue the applicant, a declaration of survey, valid for such period and in such form, as may be prescribed by the Central Government. (2) The State Government shall, if satisfied that all the provisions of this Act have been complied with in respect of a declaration submitted under sub-section (1), and on receipt of payment of fee, as may be prescribed by the State Government, issue a certificate of survey to the applicant. (3) A certificate of survey granted under this section shall be in such form as may be prescribed by the Central Government, and shall contain a statement to the effect that all the provisions of this Act with respect to the survey of the mechanically propelled inland vessel and the declaration of surveyor have been complied with, and shall set forth such particulars or such other terms and conditions, as may be prescribed by the Central Government. (4) The State Government may, by notification in the Official Gazette, delegate all or any of the functions assigned to it by the Central Government under this section: Provided that no delegation shall be made to authorise the grant of a certificate of survey by the surveyor, who made the declaration of survey under sub-section (1). **13. Provisional certificate of survey and its effect.—(1) On receipt of application and the fee from** the owner or operator of any mechanically propelled inland vessel, the surveyor who conducted the survey, may grant a provisional certificate of survey extending the validity of the prevailing certificate of survey by endorsement, in such form and for such period, as may be prescribed by the Central Government. (2) Any mechanically propelled inland vessel, which has been issued with a provisional certificate of survey or endorsement under sub-section (1), may proceed on voyage or use in service, temporarily, pending the issue of the certificate of survey, in such manner and subject to the conditions as may be prescribed by the State Government. **14. Mechanically propelled inland vessels not to proceed without certificate of survey, and** **requirement of Zone to be specified in such certificate.—(1) No mechanically propelled inland vessel** shall be used nor proceed on voyage, without a valid certificate of survey that shall provide or indicate among others, the Zone intended for operation or applicable voyage or service of such vessel. (2) The certificate of survey shall have effect throughout India, unless otherwise specified therein and subject to such other conditions as may be specified by the competent authority. (3) The certificate of survey shall be valid for such period as may be specified by notification by the Central Government and shall not be in force— (a) after the expiration of the period specified in the certificate of survey; or (b) after notice has been issued to cancel or suspend such certificate. (4) Nothing in this section shall prevent the State Government from excluding a mechanically propelled inland vessel from the requirement under sub-section (1), on an application made by the owner or master of the vessel for permission to proceed on a voyage; during the interval between the date on which the certificate of survey expires and the earliest possible date of renewal. 11 ----- (5) After cessation of a certificate of survey, a valid certificate of survey shall be obtained only after a fresh survey of the mechanically propelled inland vessel has been conducted by any surveyor appointed under this Act. **15. Suspension and cancellation of certificate of survey.—(1) The State Government may suspend** or cancel a certificate of survey, if it has reason to believe that— (a) the declaration of the surveyor of the sufficiency and good condition of the hull, engines or other machinery or of any of the equipment of the mechanically propelled vessel has been fraudulently or erroneously made; or (b) the certificate has otherwise been granted upon false or erroneous information; or (c) since the making of the declaration, the hull, engine or other machinery, or any of the equipment of the mechanically propelled vessel have sustained any material damage, or have otherwise become insufficient. (2) The State Government shall issue the notice of suspension of certificate of survey to the owner, operator, master or construction yard by stating the errors to be rectified and conditions that have to be complied with by the owner, operator, master or construction yard within three months from the date of issuance of such notice, in such manner as may be prescribed by that Government. (3) In the event of non-compliance of the notice of suspension by the owner, operator, master or construction yard within the period specified therein, the State Government shall record such noncompliance and shall issue the notice of cancellation of certificate of survey, which shall come into force with immediate effect. **16. Delivery of expired, suspended or cancelled certificate of survey.—(1) The owner or master** shall deliver the certificate of survey, which has expired or has been suspended or cancelled, to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf. (2) The State Government shall record the details of the cancelled certificate in the book of registry maintained by the Registrar of Inland Vessels. CHAPTER V REGISTRATION **17. Registration.—(1) Any mechanically propelled inland vessel, which is wholly owned by—** (a) a citizen of India; or (b) a co-operative society registered or deemed to be registered under the Co-operative Societies Act, 1912 (2 of 1912); or (c) a body established under any Act relating to co-operative societies for the time being in force in any State; or (d) a company registered under the Companies Act, 2013 (18 of 2013); or (e) a partnership firm registered under the Limited Liability Partnership Act, 2008 (6 of 2009); or (f) any other body including a partnership firm, trust or societies established by or under any Central or State enactment and which has its principal place of business in India; (g) any legal business combination, otherwise allowed under the existing commercial law for the time being in force in India, within the permissible foreign direct investment limits in the sector and having its principal place of business in India, shall be registered under the provisions of this Act. (2) A foreign vessel, other than vessels registered or obligated to register under the Merchant Shipping Act, 1958 (44 of 1958), chartered on bareboat charter-cum-demise by an Indian charterer, for the purposes of plying exclusively within inland waters, shall be registered under the provisions of this Chapter. 12 ----- (3) The inland vessels registered under this Act may also be registered under the Merchant Shipping Act, 1958 (44 of 1958). _Explanation.—For the purposes of sub-section (2), “Indian charterer” shall mean a person referred to_ in clauses (a) to (g) of sub-section (1), who has chartered a vessel on bareboat charter-cum-demise contract. **18. Requirement of certificate of registration.—(1) A mechanically propelled inland vessel required to be** registered under this Chapter, shall not proceed on any voyage or be used for any service, unless it has a valid certificate of registration granted under this Act in respect thereof. (2) Notwithstanding anything contained in sub-section (1), the authority appointed or authorised under this Chapter may— (a) permit any mechanically propelled inland vessel, built at any place other than a port or place of registry, to make her first voyage through the inland waters to any such port or place for the purpose of registration; or (b) permit the vessel registered under any law for the time being in force in India for which provisions have been made under this Act to conduct voyage within the inland waters; or (c) permit any mechanically propelled vessel registered under such laws of countries other than India, which shall only be permitted to ply within the inland waters subject to compliance of such terms and conditions as may be prescribed by the Central Government. **19. Owner or master to carry certificate of registration.—(1) The owner or master of an inland** vessel shall carry a valid certificate of registration issued under this Chapter and shall make available for inspection, when demanded by the officers appointed by the State Government. (2) The State Government or such other officer appointed or authorised under this Chapter may detain any mechanically propelled inland vessel required to be registered under this Act, until the respective owner, operator or master of such vessel furnishes a valid certificate of registration. **20. Appointment of ports or places of registry and Registrars of Inland Vessels.—(1) For the** purposes of this Chapter, the State Government may, by notification, — (a) appoint ports or places of registry; and (b) appoint Registrar of Inland Vessels at the said ports or places of registry, who shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). (2) A Registrar of Inland Vessels shall, in respect to the port or place of registry for which he is appointed, perform his functions as may be prescribed by the State Government. **21. Book of registry.—(1) The Registrar of Inland Vessels shall maintain and keep a book of** registry, which shall have record of all particulars contained in the form of certificate of registration as may be prescribed by the Central Government. (2) The Registrar of Inland Vessels shall report the details of the book of registry or entries made therein, to the State Government at regular intervals, in such manner and period as may be prescribed by the State Government. (3) The State Government shall report and update the Central Government in respect of— (a) the designated ports and places of registry; (b) the details of officers appointed or authorised under this Chapter; and (c) the details of registrations as entered in the book of registry, to facilitate and administer the registration processes under this Chapter. **22. Central database of inland vessels.—The Central Government shall appoint officers to maintain** a central data base for inland vessels, in such form and manner, and the functions of the officers so appointed shall be such, as may be prescribed by that Government. 13 ----- **23. Application and processes of registration of vessels.—(1) The owner or master, may make an** application for registration of a mechanically propelled inland vessel, which has a valid certificate of survey issued under this Act, in such form, manner and along with such particulars, as may be prescribed by the Central Government. (2) The list of documents to be submitted or adduced by the applicants for registration, in addition to the particulars referred to in sub-section (1), shall be such as may be prescribed by the Central Government. (3) Every application for registration shall be made to the Registrar of Inland Vessels, within the jurisdiction of the respective State in which the owner of the mechanically propelled inland vessel— (a) ordinarily resides; or (b) has the principal place of business or the officially registered office. (4) If the Registrar of Inland Vessels is satisfied that the vessel or the application submitted for registration is not in compliance with the provisions of this Act, he may refuse to register a mechanically propelled inland vessel for reasons to be recorded in writing and shall provide the applicant a note containing the reasons for such refusal. **24. Grant of certificate of registration and marking of vessel.—(1) Subject to the provisions of** section 23, the Registrar of Inland Vessels shall, grant the certificate of registration to the applicant, who has paid such fee, as may be prescribed by the State Government, and assign the official number to such registered vessel. (2) The certificate of registration shall be in such form and content, as may be prescribed by the Central Government, and shall contain the following particulars, namely:— (a) registered address of the owner and other ownership details; (b) details of mortgage, if any; (c) official number; (d) classification and category of vessel; (e) any other particular, as may be prescribed by the State Government. (3) The owner shall display the official number on a conspicuous part of the vessel, as may be prescribed by the State Government. **25. Effect of certificate of registration.—(1) The certificate of registration granted under section 24** shall be deemed to be valid in all States and Union territories, unless otherwise specified therein. (2) The certificate of registration issued under this Chapter shall be conclusive proof of ownership and title, as declared by the applicant and as entered in the book of registry by the Registrar of Inland Vessels. (3) Notwithstanding anything contained in this Act, any person who has beneficial interest of ownership in the mechanically propelled inland vessel or shares therein, shall have the same rights as that of the registered owner and shall be deemed as owner of such vessel for the purposes of this Act. **26. Duplicate certificate.—(1) If the certificate of registration issued under this Chapter is lost or** destroyed, the registered owner shall apply for a duplicate certificate to the Registrar of Inland Vessels, who has issued such certificate of registration, in such form and manner as may be prescribed by the State Government. (2) The Registrar of Inland Vessels shall, on receipt of application under sub-section (1) and such fees or additional fees, as may be prescribed by the State Government, issue the duplicate certificate of registration. **27. Provisional certificate of registration.—(1) The Registrar of Inland Vessels may, pending** issuance of the certificate of registration, upon an application and on payment of fee, by the applicant, 14 ----- issue a provisional certificate of registration valid for such period as may be prescribed under sub-section (2). (2) The application, fee and the issuance of provisional certificate of registration referred to in sub section (1) shall be in such form, rate and manner, as may be prescribed by the Central Government. (3) During the period of validity of the provisional certificate of registration, the owner, operator, master or construction yard shall implement and comply with all necessary steps to be taken to have the vessel registered under this Chapter. **28, Registration of modifications or alterations.—(1) The owner, operator or master of any** mechanically propelled inland vessel, shall make an application, in such form, manner and within such period as may be prescribed by the State Government, to effect any alteration or modification affecting the strength, stability or safety of such mechanically propelled inland vessel along with the respective certificate of survey, in which such alteration or modification have been approved, to the respective Registrar of Inland Vessels, who has issued the certificate of registration. (2) The Registrar of Inland Vessels shall, on receipt of application and the certificate of survey and on receipt of such fee, as may be prescribed by the State Government, either cause the alteration or modification to be registered and entered in the certificate of registration, or direct that the vessel be registered anew: Provided that, where the Registrar of Inland Vessels, directs that the vessel be registered anew, he shall grant a provisional certificate for a specific period describing the vessel as altered or endorse on the existing certificate about the particulars of the alteration. (3) Any mechanically propelled inland vessel found plying without complying with sub-section (1) or sub-section (2) shall be detained by such authority or officer as the State Government may, by general or special order, appoint in this behalf. **29. Change of residence or place of business.—(1) If the owner of a mechanically propelled inland** vessel ceases to reside or carry on business at the registered address recorded in the certificate of registration of the vessel, such person shall comply with the procedures prescribed under sub-section (2) by the Central Government. (2) For the purposes of sub-section (1), the procedures to be complied with by the owner of any mechanically propelled inland vessel, who ceases to be the owner or applies for the requirement of transfer of registry or any such circumstances leading to change of the registered address, shall be such as may be prescribed by the Central Government. **30. Prohibition against transfer of ownership of registered vessel.—No mechanically propelled** inland vessel registered with the registering authority of a State Government under this Chapter, shall be transferred to a person residing in any country other than India, without the prior approval of the Registrar of Inland Vessels, who has originally granted the certificate of registration and such a transfer shall be validated only if made in compliance with such procedures as may be prescribed by the Central Government. **31.Suspension of certificate of registration.—(1) The Registrar of Inland Vessels may at any time,** require any mechanically propelled inland vessel within the local limits of his jurisdiction to be inspected by such authority as the State Government may, by general or special order, appoint in this behalf. (2) As a result of such inspection, if the Registrar of Inland Vessels has reason to believe that after the granting of the certificate of registration, the mechanically propelled inland vessel became unfit to ply in inland waters, order suspension of the certificate of registration of the said vessel for such period as he may deem fit. (3) The Registrar of Inland Vessels shall, before suspending a certificate of registration, provide to the owner, operator or master an opportunity of being heard, and record the reasons for such suspension. (4) The Registrar of Inland Vessels who suspends the certificate of registration under sub-section (2), shall issue a notice of suspension to the registered owner stating the reasons for suspension and the 15 ----- conditions to be complied within such period, as may be prescribed by the State Government, for withdrawal of such order of suspension. (5) Where the registration of a mechanically propelled inland vessel is suspended under sub-section (2) by any Registrar of Inland Vessels, other than the Registrar of Inland Vessels who has originally issued the certificate of registration, the former shall intimate the latter, regarding such order of suspension or withdrawal of such order of suspension; and the latter shall enter such order in the book of registry in which the registration of the vessel is originally recorded. (6) The Registrar of Inland Vessels suspending the certificate of registration, shall confiscate such certificate and return the certificate to the owner or master only upon withdrawal of the order of suspension. **32.Cancellation of registration.—(1) If any mechanically propelled inland vessel registered under** this Act is declared missing, destroyed, lost, abandoned or has been rendered permanently unfit for service or destined for scrapping or dismantling or sold abroad; the owner of the vessel shall, within such time as may be prescribed by the Central Government, report the fact to the Registrar of Inland Vessels of the place where the vessel is registered and shall also forward to that authority, along with the report, the certificate of registration of the vessel and thereupon such Registrar of Inland Vessels shall have the certificate of registration cancelled. (2) Any Registrar of Inland Vessels may at any time require that any mechanically propelled inland vessel within the local limits of his jurisdiction may be inspected by such designated authority as the State Government may, by general or special order, appoint in this behalf and, if as a result of such inspection, such Registrar of Inland Vessels is satisfied that the vessel is in such a condition that it is not fit to ply in any inland water, the Registrar of Inland Vessels may, after giving the owner of the vessel an opportunity of being heard, cancel the registration of the vessel and require the owner thereof to surrender forthwith to him, the certificate of registration in respect of that vessel, if it has not already been so surrendered. **33. Mortgage of mechanically propelled inland vessel or share therein.—(1) A registered** mechanically propelled inland vessel or a share therein may be mortgaged as a security for a loan or other valuable consideration, and the instrument creating the security shall be in such form, as may be prescribed by the Central Government, and on the production of such instrument, the Registrar of Inland Vessels who granted the certificate of registration shall record it in the book of registry. (2) The manner and the conditions, subject to which a mechanically propelled inland vessel or a share therein may be mortgaged, shall be such as may be prescribed by the Central Government. CHAPTER VI **MANNING, QUALIFICATION, TRAINING, EXAMINATION AND CERTIFICATION** **34. Training and minimum age for employment.—(1) The standards for qualification, training,** training institutes, examination and grant of certificate of competency for the purposes of this Chapter shall be such as may be prescribed by the Central Government. (2) No person under the age of eighteen years shall be employed on a mechanically propelled inland vessel registered under this Act. **35. Minimum manning scale and manning requirements.—The minimum manning scale** applicable to different class or category of mechanically propelled inland vessels, categorised under this Act or such other laws for the time being in force in India, shall be such as may be prescribed by the Central Government. **36. Appointment and duties of examiners.—(1) The State Government may appoint examiners, in** accordance with the criteria and qualifications, as may be prescribed by the Central Government, for the purpose of examining the qualifications of persons desirous of obtaining certificates under this Chapter to the effect that they are competent to undertake the responsibilities of and act as, masters, or as engineers or engine-drivers, or as such other persons, as the case may be, on the mechanically propelled inland vessels. 16 ----- (2) The examiners shall evaluate the persons who have undergone the training required for qualifying as masters, or as engineers or engine-drivers, or as such other persons, as the case may be, and shall report the list of successful candidates who possess the required qualifications to the Central Government or such other officer appointed or authorised by notification by the State Government. **37. Grant of certificate of competency.—(1) The State Government may evaluate the report** provided by the examiners, and upon confirmation as to the correctness of such report; shall grant to every candidate; who is reported by the examiners to possess the required qualifications, with the certificate of competency, certifying that the candidate specified in the report is competent to serve, in such capacity as may be specified therein, on any class or category or whole of the mechanically propelled inland vessel as specified in the certificate. (2) The State Government shall require for further examination or a re-examination of all or any of the candidates, if it is found that the report submitted by examiners is defective, or there exists reason to believe that such a report has been unduly made. (3) The certificate of competency shall be in such form and manner as may be prescribed by the Central Government. **38. Certificate of service.—(1) The State Government may, on an application, without examination,** grant a certificate of service to any person who has served as a master, or as an engineer, of a vessel of the Coast Guard, Indian Navy or regular Army for such period as may be prescribed in this behalf by the Central Government, to the effect that he is competent to act, as a first-class master, second-class master or serang, or as an engineer, first-class engine-driver or second-class engine-driver or in such capacity as may be specified therein, as the case may be, on board the mechanically propelled inland vessel. (2) For the purposes of granting of certificate of service under sub-section (1), the State Government shall verify the certificate, certifying the competence of the applicant as issued by the Coast Guard, Indian Navy or regular Army, as submitted to it by such applicant along with his application. (3) Notwithstanding anything contained herein, the State Government may by recording reasons thereof, refuse granting of certificate of service under sub-section (1). (4) A certificate of service so granted under sub-section (1), shall be in such form and manner; and shall be subject to such conditions, as may be prescribed by the Central Government, and shall have the same effect as a certificate of competency granted under section 37. **39. Effect of certificate of competency or certificate of service.—Subject to the provisions of this** Act and such conditions as may be prescribed by the Central Government, a certificate of competency or certificate of service shall be valid throughout India. **40. Suspension and cancellation of certificate.—(1) If the holder of any certificate issued under this** Chapter is found to have acted in contravention to the provisions of this Act or the rules made thereunder; the said certificate shall be liable to be suspended or cancelled. (2) The State Government or any officer appointed or authorised under this Chapter shall issue notice to the holder of certificate and shall provide him an opportunity of being heard before suspension or cancellation of certificates issued under this Chapter. (3) Notwithstanding anything contained in sub-section (2), the State Government or any officer appointed or authorised under this Chapter, may suspend or cancel the certificate of competency or the certificate of service granted under this Chapter by recording reasons thereof. (4) If a certificate issued under the provisions of this Chapter is suspended or cancelled, the holder of such certificate shall deliver it to the State Government or such officer, appointed or authorised by that Government by notification in Official Gazette under this Chapter. **41. Registry of certificate holders and central registry.—(1) The State Government shall maintain** registers in electronic format to record, the details and data of the certificate, and the respective certificates, issued under this Chapter in such form and manner as may be prescribed by it. 17 ----- (2) The State Government shall report and update the Central Government with the information on data and details of certificates issued, granted, cancelled or suspended or such other remarks, made by the respective authority in regular intervals, as may be prescribed by the Central Government. (3) The Central Government shall update the central data base with the reports and information received from all the State Governments under this Chapter in electronic format. CHAPTER VII SPECIAL CATEGORY VESSELS **42. Special category vessels.—(1) For the purposes of this Chapter, the Central Government may, by** rules to be made in this behalf, specify the criteria and standards to identify any class or category of mechanically propelled inland vessels as special category vessels based on their design, construction, use, purpose, area of plying, source of energy or fuelling, or any other criteria or standards. (2) The requirements of construction, design, survey, registration, manning, qualification, competency, or the requirements in addition to those contained elsewhere in this Act shall be such, as may be prescribed by the Central Government. (3) The State Governments shall identify the mechanically propelled inland vessels as special category vessels based on the criteria and standards prescribed by the Central Government under subsection (1). **43. Appointment or authorisation of officers to implement provisions, grant certificate of** **fitness, etc.—(1) The State Government shall appoint or authorise such number of officers for the** purpose of performing duties and implementing the provisions of this Chapter. (2) On an application made by owner, operator or master of any mechanically propelled inland vessel in such form as may be prescribed by the State Government, any officer appointed or authorised under sub-section (1), on being satisfied that such vessel complies with the provisions of this Act and falls under the special category vessels as identified in this Chapter, and subject to such other conditions including validity as may be prescribed by the State Government, may grant a certificate of fitness, in such form and manner as may be prescribed by that Government. (3) The officer appointed or authorised under sub-section (1) may, for reasons to be recorded in writing, refuse to grant the certificate of fitness in respect of an application made under sub-section (2). **44. Safety of passengers or service users.—(1) The safety features, gears and such other measures** by which any mechanically propelled inland vessel, identified as special category vessel under this Chapter, shall comply with and be equipped in accordance with the categorisation of such vessel, shall be such as may be prescribed by the State Government. (2) The maximum carrying capacity of the vessel identified as special category vessel by specifying the safety loadline or the limits of loadline to keep them afloat, or such other criteria and conditions, other than those mentioned elsewhere in this Act for the safe voyage of such inland vessel, shall be such as may be prescribed by the State Government. **45. Inspection of vessel.—(1) The surveyor may, other than for the purpose of survey, at any** reasonable time, go on board any special category vessel, and inspect the respective vessel including the hull, equipment and machinery or any part or properties of such vessel. (2) The owner, operator, agent, master and any such person in-charge of the special category vessel, shall make available all necessary facilities to the surveyor for inspection and survey, and all such information regarding the vessel and her machinery and equipment, or any part thereof, respectively, as the surveyor or such other officer may reasonably require. **46. Suspension or cancellation of certificate of fitness.—(1) If any special category vessel does not** comply with the provisions of this Act or the rules made thereunder, the State Government may issue notice to the owner or operator or master or any person in-charge of such vessel, for rectifying the noncompliance within such time as may be specified therein. 18 ----- (2) In case of continuance of non-compliance by the owner or operator or master or any person in charge of the special category vessel even after receipt of the notice issued under sub-section (1), the State Government may, after providing an opportunity of being heard and for reasons to be recorded in writing, suspend or cancel the certificate of fitness issued to such vessel under this Chapter. (3) If the certificate of fitness of a special category vessel has been suspended or cancelled under sub section (2), then such vessel shall cease to operate till the suspension is revoked, or in the event of cancellation, shall cease to operate till a new certificate of fitness is granted. CHAPTER VIII NAVIGATION SAFETY AND SIGNALS **47. Navigation safety, lights and signals.—(1) The specifications and requirements of signals and** equipment based on classification and categorisation of mechanically propelled vessels, to be complied with by such vessels shall be such as may be prescribed by the Central Government. (2) The fog and distress signals to be carried and used, the steering and sailing rules to be complied with and the different protocols for exhibition and display of different standards of lights, shapes and signals, by any mechanically propelled vessel plying in inland waters shall be such, as may be prescribed by the Central Government. (3) The owner or master of every mechanically propelled vessel, while in the inland water limit, shall comply with the rules made under sub-sections (1) and (2), and shall not carry or exhibit any lights or shapes or use any fog or distress signals, other than that required to be exhibited under this Chapter or the rules made thereunder. **48. Obligation to ensure safe navigation.—(1) Every mechanically propelled vessel shall adopt** necessary measures to prevent collision and to ensure safe navigation through inland waters. (2) If any damage to person or property arises in the inland water limit due to non-observance of any of the rules made under this Chapter by any mechanically propelled vessel, the damage shall be deemed to have been occasioned by the wilful default of the person in-charge of such vessel at that time, unless it is shown to the satisfaction of the court that the circumstances of the case demanded deviance from the applicable rules. **49. Distress signal.—The master of a mechanically propelled vessel, while in the inland water limit,** on finding or encountering a dangerous derelict or any other hazard to navigation in the inland waterways, shall immediately send a signal to indicate the danger or distress, or any such information to other mechanically propelled vessels in the vicinity and to the concerned State Government: Provided that no fees or charges shall be levied on any mechanically propelled vessel, in using any device for communicating any information under this section. **50. Assistance to vessels in distress and persons in distress.—(1) The master of any mechanically** propelled vessel, while in the inland water limit, who has received any signal of distress from any vessel or aircraft within the inland water limit, shall proceed immediately to the assistance of the persons in distress by acknowledging the receipt of such signal to the vessel in distress. (2) Notwithstanding anything contained in sub-section (1), the master of a mechanically propelled vessel shall be released from the obligation to render assistance as provided in the said sub-section, if he is unable to do so, or in the special circumstances of the case, considers it unreasonable to act as provided in the said sub-section, or if the requirement for assistance is being complied with by other vessels, or the assistance is no longer required. (3) The master of any mechanically propelled vessel, while in the inland water limit, shall render assistance to every person found in danger of being lost in the inland waters. (4) The master of any mechanically propelled inland vessel may abstain from complying with sub section (3), if in his judgment, he is unable to or, in the special circumstances of the case, such assistance may not be rendered without serious danger to his vessel, or to the persons on board and, in such event shall inform the respective authorities regarding his inability of such non-compliance. 19 ----- **51. Life saving, fire safety and communication appliances.—(1) The Central Government shall, by** rules made in this behalf, specify the class or category of mechanically propelled inland vessels to be equipped with navigation aids, life saving appliances, fire detection and extinguishing appliances and communication appliances. (2) The owner, operator or master of all mechanically propelled inland vessels shall comply with the requirements of navigation aids, life saving appliances, fire detection and extinguishing appliances and communication appliances as specified in sub-section (1). (3) The State Government may appoint or authorise such officers as surveyors to inspect and ensure that the mechanically propelled inland vessels comply with the applicable requirements specified in subsection (1). (4) If the surveyor, on inspection, finds that the mechanically propelled inland vessel is not so provided with life saving and fire appliances in conformity with the provisions of this Act and the rules made thereunder, he shall issue a notice to the master or owner or operator in writing pointing out the deficiency, and unless the master or owner or operator complies with the said notice and report such compliance to the surveyor, the said vessel shall not proceed to conduct any voyage. CHAPTER IX PREVENTION OF POLLUTION CAUSED BY INLAND VESSEL **52. Chemicals, etc., to be designated as pollutants.—(1) The Central Government shall, by** notification, designate the list of chemicals, any ingredients or substance carried as bunker or as cargo, or any substance in any form discharged from any mechanically propelled inland vessel, as pollutants. (2) The owner or master of any mechanically propelled inland vessel shall discharge or dispose of the sewage and garbage in accordance with such standards and manner as may be prescribed by the Central Government. (3) No mechanically propelled inland vessel shall cause pollution by discharging or dumping of pollutants designated under sub-section (1): Provided that nothing in this sub-section shall apply to the discharge dump or emission of such oil or oily mixture, hazardous chemical or obnoxious substance or any other pollutant, as the case may be, from a mechanically propelled inland vessel for the purpose of securing the safety of any mechanically propelled inland vessel, preventing damage to another mechanically propelled inland vessel, cargo or saving of life at inland waters. **53. Certificate of prevention of pollution.—(1) The Central Government shall, by rules made in this** behalf, specify the standards of construction and equipment of the mechanically propelled inland vessels to ensure compliance with the requirements of this Chapter. (2) The State Government shall appoint or authorise such officers to ensure construction, installation and maintenance of equipment of all mechanically propelled inland vessels and issue certificate of prevention of pollution, in compliance with the provisions of this Chapter. (3) Every mechanically propelled inland vessel, which has been constructed and equipped in compliance with this Chapter shall be issued with a certificate of prevention of pollution in such form, validity and content as may be prescribed by the Central Government. (4) Every mechanically propelled inland vessel shall carry on board a valid certificate of prevention of pollution and shall furnish the same on demand by concerned officers appointed or authorised under this Chapter. **54. Reception facilities and containment of pollution.—(1) The Central Government shall, by rules** made in this behalf, specify the conditions for construction, use and maintenance of reception facilities for the containment of pollution and removal of pollutants arising from spillage or discharge arising from mechanically propelled inland vessels at all cargo terminals or passenger terminals. 20 ----- (2) The owner or operator of all cargo terminals or passenger terminals shall provide reception facilities to discharge oil, oily mixture, hazardous chemicals, sewage or obnoxious substances at such cargo or passenger terminal, as the case may be, in compliance of sub-section (1). (3) The owner or operator of all cargo terminals or passenger terminals, providing reception facilities shall receive charges, at such rates as may be prescribed by the State Government. (4) For the purposes of minimising the pollution already caused, or for preventing the imminent threat of pollution, the Central Government or such other officer appointed by the State Government may, by order in writing, direct the owner or operator of cargo or passenger terminal to provide or arrange for the provision of such pollution containment equipment and pollutant removing materials, at such cargo and passenger terminal, as may be specified in such order. (5) The owner or operator of the passenger or cargo terminal shall submit a report of compliance to the Central Government or such other officer appointed under sub-section (4), in such form as may be prescribed by the State Government. (6) The owner, operator or master of any mechanically propelled vessel used or plying within inland waters, shall discharge the pollutants at the port reception facilities in such manner as may be prescribed by the State Government. **55. Appointment of surveyor or officer to inspect.—(1) The State Government may appoint or** authorise such officers as surveyors to inspect any cargo or passenger terminal lying within its respective jurisdiction. (2) The surveyor authorised under sub-section (1) may, at any reasonable time, enter and inspect any cargo or passenger terminal to— (a) ensure that the provisions of this Chapter are complied with; (b) verify whether such cargo or passenger terminal is equipped for pollution containment and removal, in conformity with the order of the State Government or any of the rules made under this Chapter; and (c) satisfy himself of the adequacy of the measures taken to prevent pollution. (3) If the surveyor, on inspection, finds that the cargo or passenger terminal is not provided with the required pollution containment equipment and pollutant removing materials, he shall give a notice in writing pointing out the deficiencies and the recommended remedial measures to rectify such deficiency, that is identified during the inspection, to the owner or operator of such cargo or passenger terminal, as the case may be. (4) No owner or operator of such cargo or passenger terminal, as the case may be, served with the notice under sub-section (3), shall proceed with any work at such cargo or passenger terminal, until he obtains a certificate signed by the surveyor to the effect that the cargo or passenger terminal, is properly provided with the required pollution containment equipment and pollutant removing materials in conformity with the rules made under this Chapter. **56. Investigation into incidents of pollution.—(1) The State Government shall direct any designated** authority or such other authorised officer appointed under Chapter XIII to conduct investigation into incidents of pollution. (2) The State Government shall update the Central Government with such information or report of the court, if so directed by such court concerned, on incidents of pollution that occurs within its jurisdiction. CHAPTER X WRECK AND SALVAGE **57. Prohibition against intentionally causing wreck.—The owner, operator, master or person in-** charge of a vessel plying in inland waters shall not intentionally abandon, desert, dump, throw overboard or jettison the vessel or property or parts or cargo, so as to cause wreck. 21 ----- **58. Receivers of wreck.—(1) The State Government may, by notification, appoint or authorise any** officer to act as receiver of wreck within the respective jurisdiction. (2) The owner, operator, master or person in-charge of vessel, property or cargo, which is wrecked, stranded or in distress or who has found any vessel, property or cargo wrecked, stranded or in distress in the inland waters, shall immediately inform, by all means of communication to the receiver of wreck in whose jurisdiction the vessel, property or cargo is found to be wrecked, stranded or in distress. (3) The owner of the wreck, whose property or cargo, is wrecked or stranded or is in distress in the inland waters shall inform the receiver of wreck in writing of the finding thereof and of the marks by which such wreck can be distinguished, and in cases, where the wreck is in possession of any person other than the owner, operator, master or person in-charge of vessel, property or cargo, such person shall deliver such wreck to the receiver of wreck. _Explanation.—For the purposes of this Chapter, the word “person” shall have the meaning assigned to_ it in clause (42) of section 3 of the General Clauses Act, 1897 (10 of 1897). **59. Powers of Central Government to make rules for Chapter X.—For the purposes of this** Chapter, the— (a) powers and functions of the receiver of wreck; (b) responsibilities and obligations of the owner, operator, master or person in-charge of vessel, property or cargo with respect to the wreck; (c) measures adopted for the removal of obstruction to navigation; (d) disposal of wreck, including its sale and proceeds of unsold property; (e) measures to be adopted for protection of wreck, fouling of government moorings; (f) rights and duties of salvors and performance of salvage operations or resolution of disputes pertaining to amount payable to salvors; and (g) such other matter, which the Central Government may deem necessary for the efficient administration and removal of wrecks, shall be such as may be prescribed by the Central Government. CHAPTER XI LIABILITY AND LIMITATION OF LIABILITY **60. Liability under Act.—(1) The owner, operator, master, a member of crew or an insurer shall be** liable for the offences and contraventions of the provisions of this Act or the rules made thereunder. (2) Where any person is beneficially interested otherwise than by way of mortgage or in the share in any mechanically propelled inland vessel registered in the name of some other person as owner, the person so interested, and the registered owner, shall be liable to all the pecuniary penalties imposed by this or any other Act on the owners of mechanically propelled inland vessels or shares therein. **61. Apportionment of loss.—(1) Whenever by the fault of two or more mechanically propelled** inland vessels, damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property on board one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each of such vessel was at fault: Provided that— (a) if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally; (b) nothing in this section shall operate so as to render any vessel liable for any loss or damage to which such vessel has not contributed; (c) nothing in this section shall affect the liability of any person under any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by 22 ----- the provisions of any law for the time being in force, or as affecting the right of any person to limit his liability in the manner provided by such law. (2) For the purposes of this Chapter, reference to damage or loss caused by the fault of a mechanically propelled inland vessel shall be construed as including reference to any salvage or other expenses, consequent upon that fault, recoverable under the provisions of any law for the time being in force by way of damages. (3) The person who has suffered damage or injured or his representative may apply to any court having appropriate jurisdiction on the claim, for the detention or attachment of the vessel. **62. Liability for personal injury, loss of life or pollution to environment.—(1) Where, loss of life** or personal injuries is suffered, damage to property or pollution is caused by any person on any mechanically propelled inland vessel or any other vessel, owing to the fault of that vessel and of any other vessel or vessels, the liability of the owners of such vessels concerned shall be joint and several. (2) No liability for any claim other than loss of life, personal injury or pollution, shall attach to the owner, operator, master, or a member of crew or insurer under this Chapter, if he proves that the cause for claim— (a) was a result of an act of war, hostility, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or (b) was wholly caused by an act or omission with intent to cause such damage by any other person; or (c) was wholly caused by the negligence or other wrongful act of a State Government or other authority responsible for the maintenance of lights or other navigational aids in exercise of its functions in that behalf. **63. Detention of mechanically propelled inland vessel.—The State Government may appoint or** authorise any officer under this Chapter, for the purpose of detaining any mechanically propelled inland vessel in connection with a claim, or an offence under this Chapter, and the procedure thereof shall be such as may be prescribed by that Government. **64. Limitation of liability.— (1) The owner, operator, master or any person in-charge of a vessel or** member of crew of any mechanically propelled vessel may limit the extent of his liability for— (a) claims in respect of loss of life or personal injury, or loss of, or damage to, property including damage to jetties, wharfs, harbour basins and waterways and aids to navigation, occurring on board or in direct connection with the operation of such vessels or with salvage operations, and consequential loss resulting therefrom; (b) claims arising out of loss resulting from delay in the carriage of cargo and passengers or their luggage by inland waters; (c) claims arising out of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of such vessel or salvage operations; (d) claims in respect of the raising, removal, destruction or rendering harmless of a vessel or the cargo which is sunk, wrecked, stranded or abandoned; (e) claims of a person, other than the person liable, in respect of measures taken by such person in order to avert or minimise loss and for further loss caused by such measure; (f) claims for the loss of life or personal injury to passengers of such vessel brought by or on behalf of any person— (i) under the contract of passenger carriage; or (ii) who, with the consent of the carrier, is accompanying a vessel for live animals which are covered by a contract for the carriage of goods, carried in such vessel. 23 ----- (2) Notwithstanding anything contained in this section, no person shall be entitled to limit his liability for— (a) claims for salvage; or (b) claims stipulated as exempted from the application of limitation of liability under any other law for the time being in force in India. (3) Notwithstanding anything contained in this section, the act of invoking limitation of liability shall not be construed as constituting an admission of liability by any person who takes the defence. (4) For the purposes of this Chapter, the liability of the owner or operator of a mechanically propelled inland vessel shall include the liability in an action brought against such vessels. (5) The limits of liability and the criteria in determining compensation for any claim as provided under sub-section (1) shall be such as may be prescribed by the Central Government. (6) The person entitled to limit liability under sub-section (1) may apply to the High Court of respective jurisdiction for constituting a limitation fund for the consolidated rate as provided for under this Chapter. (7) Where a vessel or other property is detained in connection with a claim, covered under this Chapter, the High Court may order release of such vessel or other property, upon an application made by the person, who is entitled to limit their liability and by— (a) ensuring that such person, who is entitled to constitute the limitation fund has submitted his availability in person to the jurisdiction of the High Court; or (b) depositing sufficient fund or financial guarantee as determined by the High Court as security; or (c) constituting the limitation fund, as the case may be. **65. Non-applicability of limitation.—** No person shall be entitled to limit the liability against any claim, if such claim has arisen due to intentional act or negligence of the person or his employee, who otherwise would have been entitled to limit his liability under this Chapter. CHAPTER XII INSURANCE OF MECHANICALLY PROPELLED VESSELS PLYING IN INLAND WATERS **66. Insurance to cover.—** No mechanically propelled vessel shall be used for voyage in inland waters, unless there is in force— (a) a policy of insurance which shall cover liability that may be incurred by the insured— (i) in respect of the death of or bodily injury to any person or damage to any property caused by or arising out of the use of the mechanically propelled vessel; (ii) in respect of liability of operational pollution and accidental pollution of inland waters; (b) a policy of insurance in compliance of the Public Liability Insurance Act, 1991 (6 of 1991), if the mechanically propelled inland vessel is carrying or meant to carry, dangerous or hazardous goods; (c) a policy of insurance covering the mechanically propelled vessel to— (i) a value not less than the liability incurred; or (ii) entitle it to be covered under limitation of liability as provided under this Act, a value not less than the specified and applicable limitation amount: Provided that any policy of insurance issued with a value not less than the limitation of liability in force, immediately before the commencement of this Act, shall continue to be effective for a period of twelve months after such commencement or till the date of expiry of such policy, whichever is earlier. 24 ----- **67. Contractual liability not to cover.—** Notwithstanding anything contained in this Chapter, a policy shall not be required to cover any contractual liability of the insured that arises due to any performance or non-performance of a contract or of agreement in the capacity of a service provider. **68. Issuance and terms of insurance policy.—** (1) For the purposes of section 66, the policy of insurance issued shall be a policy, which— (a) is issued by an authorised insurer; (b) insures the mechanically propelled inland vessel, any person or any classes of persons specified in the policy to the extent specified in section 66; and (c) is a certificate of insurance issued by the insurer to the insured in such form and content, and subject to such conditions as may be prescribed by the Central Government. (2) The terms and conditions to be incorporated in the contract of insurance entered between insurer and insured to cover the risks as provided in section 66 shall be such as may be prescribed by the Central Government. **69. Duty to indemnify and direct action against insurer.— (1) Notwithstanding anything contained** in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the insured or any person, as specified in the policy in respect of any liability which the policy purports to cover in the case of the insured or that person. (2) Any claim for compensation against the loss or damage under this Act and covered by the insurance may be brought directly against the insurer in respect of the liability incurred by the registered owner. **70. Effect of death on certain causes of action.—Notwithstanding anything contained in section** 306 of the Indian Succession Act, 1925 (39 of 1925), the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer. **71. Effect of certificate of insurance.—When an insurer has issued a certificate of insurance in** respect of a contract of insurance between the insurer and the insured person, then,— (a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and (b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to the person claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificate. **72. Transfer of certificate of insurance.—Where a person in whose favour the certificate of** insurance has been issued in accordance with the provisions of this Chapter transfers to another person, the ownership of the mechanically propelled vessel covered under this Chapter, in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the mechanically propelled inland vessel is transferred with effect from the date of its transfer. _Explanation.—For the removal of doubts, it is hereby clarified that such deemed transfer shall include_ transfer of rights and liabilities covered under the said certificate of insurance and the policy of insurance. **73. Powers of Central Government to make rules for Chapter XII.—The Central Government** shall, by rules made in this behalf, specify the terms, conditions and procedures to be complied with by the insurers and insured including— (a) cover note of insurance and its validity; 25 ----- (b) rights and duties of the insured; (c) procedures and processes involved in processing of claims; (d) duties and obligations of the insurers to satisfy the judgments and awards; (e) rights of claimants, liability of the insured and the insurers in special circumstances such as the insured becomes insolvent and the procedures to be followed; (f) procedures, processes and minimum terms of conditions for the settlement between the insurers and insured persons; (g) procedures to be followed in the transfer of certificate of insurance; and (h) such other matters directly or indirectly related to insurance of mechanically propelled vessels, for the purposes of effective implementation and administration of this Chapter. CHAPTER XIII INQUIRY INTO CASUALITY, ACCIDENT OR WRECK **74. Reporting of casualty, accident, wreck, etc.— (1) The State Government, may by notification,** appoint any designated authority for the purposes of this Chapter. (2) The owner, operator or master of a mechanically propelled inland vessel, shall give information of any wreck, abandonment, damage, casualty, accident, explosion or loss occurred to or on board such a vessel while in the inland waters, to the officer in-charge of the nearest police station and to the designated authority appointed under sub-section (1), in such form and manner as may be prescribed by the State Government. (3) The designated authority shall at once report the contents of the information referred to in sub section (2) to the District Magistrate. (4) The officer in-charge of the police station shall, on receipt of information referred to in sub section (2), investigate into the matter and submit a report to the jurisdictional Judicial Magistrate in accordance with the provisions of Chapter XII of the Code of Criminal Procedure, 1973 (2 of 1974). (5) The Judicial Magistrate may, on receiving the report referred to in sub-section (4), take action as he may deem fit in accordance with the provisions of Chapter XVI. **75. Preliminary enquiry by designated authority and inquiry by District Magistrate.— (1) The** designated authority may, in pursuance of the information referred to in sub-section (2) of section 74, conduct a preliminary enquiry and submit a report thereof to the District Magistrate, who shall transmit the same to the concerned State Government. (2) The State Government may, on receipt of the report referred to in sub-section (1), if deemed necessary, direct the District Magistrate to submit an additional report to it and send a copy thereof to the Judicial Magistrate of the first class referred to in sub-section (4) of section 74 through the jurisdictional police. (3) The powers of the District Magistrate referred to in sub-section (2) and the procedures to be followed by him in holding the inquiry for submission of additional report shall be such as may be prescribed by the State Government. **76. Assessors.—(1) For the purposes of this Chapter, the State Government may appoint and** maintain a list of assessors, which may be revised from time to time. (2) The State Government shall, by rules made in this behalf, specify the qualifications, criteria and consideration, fees or charges for the assessors, who are conversant with the maritime affairs and have 26 ----- experience in the merchant service or in the navigation of the mechanically propelled inland vessels and willing to act as an assessor. (3) The District Magistrate may, for the purposes of assisting in the inquiry under this Chapter, appoint any number of assessors, from the list of assessors provided to him by the State Government. (4) In every inquiry, other than the one specified in sub-section (3), the District Magistrate may, if he thinks fit, appoint an assessor, for the purposes of such inquiry, any person. (5) Every person appointed as an assessor under this section shall assist the District Magistrate in the inquiry and deliver his opinion as may be sought for, which shall be recorded in the proceedings. **77. Report of District Magistrate to be notified by State Government.—(1) The District** Magistrate shall, in the case of every inquiry under this Chapter, make a full report of the conclusions at which he has arrived, together with the evidence recorded and the written opinion of any assessor. (2) The State Government shall, on receipt of the report referred to in sub-section (1) from the District Magistrate, cause it to be published by notification in its Official Gazette. **78. Powers of District Magistrate subsequent to inquiry.— (1) The District Magistrate may, after** inquiry, recommend in his report for cancellation or suspension or confiscation of a certificate of competency or a certificate of service granted to a master, crew or engineer by the State Government under Chapter VI, if such District Magistrate finds that— (a) the accident or casualty, including loss, stranding or abandonment of, or damage to, any mechanically propelled inland vessel, or loss of life, has been caused by the wrongful act or default of such master or engineer; (b) such master or engineer is incompetent or has been guilty of any gross act of drunkenness, tyranny or other misconduct, or in a case of collision, has failed to render such assistance or give such information or notice as may be required under this Act. (2) At the conclusion of the inquiry, or as soon thereafter as possible, the District Magistrate shall state in open sitting, the decision arrived at by him with respect to the cancellation or suspension or confiscation of any certificate of competency or a certificate of service and, if suspension is ordered, the period for which the certificate is suspended. (3) Without prejudice to the provisions of this section, the District Magistrate may also make such order and require such security in respect of the costs of the matter as he may deem fit and necessary in the circumstances of the case. **79. Power of State Government to suspend, cancel and confiscate certificate.—(1) The State** Government, in whose jurisdiction the certificate of competency or a certificate of service was granted under Chapter VI, may cancel or suspend any such certificate or, in the event of the vessel being found in the jurisdiction of another State Government, such State Government may confiscate the certificate, if,— (a) on any inquiry made under this Chapter, the District Magistrate reports for cancellation or suspension or confiscation of that certificate under section 78; or (b) the holder of such certificate is proved to have been convicted of any non-bailable offence; or (c) the holder of such certificate is proved to have deserted his vessel or has absented himself without leave and without sufficient reason, from his vessel or from his duty; or (d) in the case of a person holding any designation as provided by the certificate of competency or certificate of service, is or has become, in the opinion of the State Government, unfit to act in such designation, as the case may be. 27 ----- (2) Every person whose certificate of competency or a certificate of service is suspended or cancelled under this Chapter shall deliver it to such person as the State Government, which suspended or cancelled it, may direct. (3) If any State Government cancels, suspends or confiscates the certificate of competency or a certificate of service granted under Chapter VI, the proceedings and the fact of confiscation and recommendation for suspension or cancellation, shall be reported to the State Government which has originally issued, granted or endorsed such certificates. (4) The State Government may, at any time, revoke any order of suspension or cancellation or confiscation which it may have made under this Chapter, or grant a certificate anew, for reasons to be recorded in writing, to any person whose certificate it has so cancelled and such certificate granted anew, shall have the same effect as a certificate of competency granted under this Act after examination. CHAPTER XIV REGULATION OF TRADE PRACTICES **80. Powers of Central Government to protect interests of service providers and service users.—** The Central Government may, prescribe the minimum standards, terms and conditions to protect the interests of service providers and service users and to ensure safety of such persons. **81. Prohibited goods and dangerous goods.—The Central Government shall, by notification,** declare the list of dangerous goods that may be carried subject to such conditions, as may be prescribed by it, and prohibited goods that are prohibited from being carried on any class or category of mechanically propelled inland vessels, while plying in the inland waters. **82. Trade permission and endorsement of certificates of foreign vessels.—(1) No vessel registered** in any country other than India shall be permitted to be used or employed for the purposes of, carriage of goods, transportation of passengers, storage units, accommodation, floating units or for such other purposes within the inland waters, unless such vessel has secured prior permission from the Central Government for its use or employment for such purposes and subject to such terms and conditions as may be prescribed by the Central Government: Provided that, where the Central Government has entered or in the event of that Government entering into bilateral or multilateral treaties pertaining to the inland navigation, whereby the permission is provided to the vessels belonging to foreign countries to ply within inland waters of India, the Central Government or the State Government, as the case may be, shall impose or apply such vessels belonging to the foreign countries, with the same conditions to the service providers in India. (2) For the purposes of sub-section (1), any certificate granted by any other foreign country in accordance with the provisions of any law for the time being in force in that country corresponding to the provisions as provided in Chapters IV, V and VI under this Act may, on payment of such fees as may be prescribed by the Central Government, for the grant of a similar certificate or licence under this Act, be endorsed by— (a) any State Government in India; or (b) with the general or special sanction and subject to such other terms and conditions of such State Government, by any authority competent to grant a similar certificate under this Act. (3) Upon endorsement of any such certificate as provided in sub-section (2), it shall have effect for such period and to such extent as may be prescribed by the Central Government and shall be treated as if it had been granted under this Act. 28 ----- CHAPTER XV PILOTAGE, VESSEL DETENTION AND DEVELOPMENT FUND **83. Pilotage.— (1) The Central Government may, by notification, specify the requirement of pilotage** in whole or part of inland waterways declared as national waterways. (2) The State Government may, by notification, specify the requirement of pilotage in whole or part or any stretch of designated inland waterways or such passages that lie within the respective territory of such State Governments and in respect of which the Central Government has not specified under sub-section (1). **84. Certified master to be deemed pilot under Act 15 of 1908.—** Subject to the provisions of section 83, every master of any mechanically propelled inland vessel, who possesses a master's certificate granted under this Act and in force, shall, in ports to which section 31 of the Indian Ports Act, 1908 has been extended, be deemed, for the purposes of that section, to be the pilot of the mechanically propelled inland vessel of which he is in-charge. **85. Vessel detention and forfeiture.— (1)The State Government or any officer authorised under this** Act may, detain, forfeit or remove from the inland waters, any mechanically propelled inland vessel, which is required to be registered under the provisions of this Act, if found— (a) plying or being used in inland waters without a valid certificate of registration; (b) plying without a valid certificate of survey; (c) plying with passengers beyond the permitted carrying capacity; (d) to have not affixed the registration number assigned to such vessels as provided under this Act; (e) not complying with the manning requirements under Chapter VI; (f) not complying with the provisions of Chapter VIII; (g) to act in contravention to the provisions of Chapter X; (h) not in compliance with the provisions of Chapter XII; (i) to carry dangerous goods or prohibited goods in contravention to the provisions of section 81 or the rules made thereunder. (2) The owner, operator or any such person recognised as responsible for the vessel under detention, shall pay the respective and applicable fees and charges for the safe custody and maintenance of the detained or forfeited vessel, which shall be pre-condition for release of the vessel and which if unpaid, shall create a lien over such vessel to comply with the provisions of this Act. (3) Upon compliance with the provisions of this Act and the rules made thereunder, and after rectifying the mistakes that lead to detention, the State Government shall, without any unreasonable delay, release the vessel and her custody to the owner, operator or any such person recognised as responsible for the vessel under this Act. (4) Unless specifically provided elsewhere in this Act, the procedures for detention, formality, fees and conditions to be followed and observed by the concerned officer or authority or court, appointed or authorised or constituted under this Act, for the purpose of detaining a vessel, shall be such as may be prescribed by the State Government. (5) An officer so authorised to enter any vessel may, for the purpose of enforcing the order of detention or forfeiture, call to his aid, any police officer or any other person authorised under this Act or such other laws in force in India. 29 ----- **86. Constitution of Development Fund.—(1)There shall be a Fund constituted by the State** Government to be called the Development Fund, to be utilised for— (a) meeting emergency preparedness; (b) meeting containment of pollution caused by discharge of oil, mixtures, obnoxious substances, chemicals and other noxious and harmful substances, to preserve and protect inland waters; (c) supporting, part or whole of expenses of owners or economically backward sector involved in activities of trade and living depending solely on inland waters; (d) removal of unidentified wreck or obstruction affecting and impeding navigation; and (e) boosting up development works of inland water navigation with respect to safety and convenience of conveyance. (2) For the purposes of constitution of the Development Fund under sub-section (1), endeavour shall be made to design schemes of contribution from— (a) the State Government; (b) stake holders; (c) the amount collected from sale of wreck or cargo or remains thereof after deducting the expenses incurred; (d) excess fund out of judicial sale of vessels or any property or cargo after meeting the expenses incurred or set-off against the court to meet damages or functioning of the court or administrative machinery; and (e) part or proportionate disbursement of fees collected by the respective State Government as provided in this Chapter. CHAPTER XVI OFFENCES AND PENALTIES **87. Offences and penalties.—(1) Whoever, contravenes any of the provisions of this Act, shall be** punishable with penalty as mentioned in the third column of the Table provided in sub-section (2). (2) The classification of offences for contravention of the provisions of this Act and the corresponding penalties therefor shall be as provided in the following Table, namely:— Section Offence Penalty (1) (2) (3) 8 Any owner, operator or construction yard, Fine which may extend to ten thousand found guilty of construction, alteration or rupees for every non-compliance found. modification of mechanically propelled inland vessel in contravention of section 8. 14 (1) Owner, operator or master of any Fine which may extend to ten thousand mechanically propelled inland vessel, using rupees for the first offence and twentysuch vessel, without a valid certificate of five thousand rupees for subsequent survey has acted in contravention of offences. sub-section (1) of section 14. 30 ----- Section Offence Penalty (1) (2) (3) 18 (1) Owner, operator or master of any mechanically propelled inland vessel proceeding on any voyage or use a mechanically propelled inland vessel required to be registered, for any service, without a valid certificate of registration and in contravention of sub-section (1) of section 18. 19 (1) Owner or master who does not carry a valid certificate of registration or not making the same available for inspection, has acted in contravention of sub-section (1) of section 19. 24 (3) Owner not displaying the official number on the conspicuous part of a vessel has acted in contravention of sub-section (3) of section 24. 27 Owner, operator or any person responsible for the operation of the vessel, has acted in contravention of section 27. 28 (2) Owner, operator or master of any mechanically propelled inland vessel not registering the details of alterations that are mandated to be registered as specified in subsection (2) of section 28. 29 Owner or operator of any mechanically propelled inland vessel, who does not comply with the requirements or has acted in contravention of section 29. Fine which may extend to ten thousand rupees for the first offence and fifty thousand rupees for subsequent offences. Fine which may extend to ten thousand rupees for every non-compliance found. Fine which may extend to ten thousand rupees. Fine which may extend to ten thousand rupees for the first offence and twentyfive thousand rupees for subsequent offences. Fine which may extend to ten thousand rupees for the first offence and twentyfive thousand rupees for subsequent offences. Fine which may extend to five hundred rupees for every day of non-compliance. 30 Owner of any mechanically propelled inland Fine which may extend to ten thousand vessel, has acted in contravention of rupees per day or imprisonment which section 30. may extend to one year, or with both. 32 (1) Owner of any mechanically propelled inland Fine which may extend to five thousand vessel, has acted in contravention of sub- rupees for every day of non-compliance. section (1) of section 32. 34 (2) Owner or operator on whose vessel, persons Fine which may extend to five thousand under the age of eighteen years are employed, rupees for every day of non-compliance has acted in contravention of sub-section (2) or imprisonment not exceeding six of section 34. months, or with both. 35 Owner or operator of any mechanically Fine which may extend to ten thousand propelled inland vessel without complying rupees for the first offence and twentywith the specified minimum manning scale five thousand rupees for subsequent has acted in contravention to section 35. offences. 40 (1) and The holders of certificate of competency, has Fine up to five thousand rupees per day (4) acted in contravention to the provisions of this or imprisonment extending up to six Act or not surrendered the suspended, months, or with both. cancelled or varied certificate issued under non-submission of suspended or cancelled certificates. 31 ----- Section Offence Penalty (1) (2) (3) 44 Owner or operator or any person responsible for the operation of special category vessel, which does not comply with the provisions of Chapter VII. 47 Owner, operator or master of any mechanically propelled vessel registered, recognised or identified under this Act, for not equipping the vessels or exhibiting the lights and signals specified under Chapter VIII. 48 Owner, operator or master not ensuring safe navigation or causing damage due to nonobservance of regulations. 49 and 50 (1) Owner, operator or master of any mechanically propelled vessel plying in inland waters abstaining from proceeding to render assistance after answering to the distress signal. 51 (2) The owner, operator or master of any mechanically propelled inland vessel proceeding to conduct any voyage without complying with the requirements of navigation aids, life-saving appliances, fire detection and extinguishing appliances and communication appliances as specified under sub-section (2) of section 51. 52 (2) and (3) The owner, operator or master of any mechanically propelled vessel causing pollution by discharging or dumping of pollutants in inland waters. 53 (4) The owner, operator or master of any mechanically propelled vessel, who are required under this Act to possess a valid prevention of pollution certificate, plying or using the vessel without the said valid certificate. 54 (2) and (5) The owner or operator of any reception facility who does not comply with the standards and obligations stipulated. Fine which may extend to ten thousand rupees for every day of non-compliance or imprisonment extending up to six months, or with both. Fine which may extend to ten thousand rupees for the first offence and twentyfive thousand rupees for subsequent offences. Fine which may extend to twenty-five thousand rupees. Fine which may extend to ten thousand rupees. Fine which may extend up to fifty thousand rupees. Fine which may extend to fifty thousand rupees. Fine which may extend to twenty-five thousand rupees. Fine which may extend to fifty thousand rupees. Fine which may extend to ten thousand rupees per day of non-compliance beyond period of notice. Fine amounting to fifty thousand rupees and imprisonment which may extend to three years. Fine which may extend to ten thousand rupees. 55 (4) The owner or operator of the terminal who operates without complying with the notice issued under sub-section (4) of section 55. 57 Any owner, operator or any person who intentionally cause wreck within inland waters. 58 (2) Any person who is guilty of offence committed by contravention of sub-section (2) of section 58. 32 ----- Section Offence Penalty (1) (2) (3) 66 Any owner or master plying any mechanically propelled inland vessel without a valid insurance as provided under section 66. 74 (2) The owner, operator or master of any mechanically propelled inland vessel not complying with sub-section (2) of section 74. 79 (2) Any person who holds a certificate issued under Chapter VI and fails to surrender suspended or cancelled certificates. 80 Any person, in the capacity of a service provider or a service user, who acts in contravention of section 80. 82 Master or operator of any foreign vessels acting in contravention of sub-section (1) of section 82. 83 Owner, operator or master of mechanically propelled inland vessel, who does not comply with the requirement of pilotage in contravention of section 83. 97 Any person employed on inland vessel for neglect or refusal to join or desertion of vessel in violation of his obligation as provided under section 97. 102 Any person found guilty of causing obstruction or has acted in contravention of section 102. Fine which may extend to ten thousand rupees and detention of the vessel till certificate of insurance is procured. Fine which may extend to ten thousand rupees. Fine which may extend to ten thousand rupees for every day of non-submission. Fine which may extend to fifty thousand rupees. Fine which may extend to fifty thousand rupees or imprisonment which may extend to one year, or with both. Fine which may extend to fifty thousand rupees or imprisonment which may extend to three years, or with both. Forfeiture of a sum not exceeding two days' pay, and in addition for every twenty-four hours of absence, either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute, from his wages and also to imprisonment which may extend to two months. Fine which may extend to fifty thousand rupees or imprisonment which may extend to three years, or with both. (3) Any person who acts in contravention of the provisions of this Act or the rules made thereunder, but for which an offence is not specifically provided in this Act, shall be punishable with fine not exceeding three lakh rupees or with imprisonment up to a term which may extend to three years, or with both. (4) Where the owner or master of any mechanically propelled inland vessel is convicted of an offence under this Act or any rule made thereunder, committed on board, or in relation to that mechanically propelled vessel, and is sentenced to pay a fine, the Magistrate who passes the sentence may direct the amount of the fine to be levied by distress and sale of the mechanically propelled vessel, or its appurtenance so much thereof as is necessary. (5) Where an inland vessel has been used in contravention of the provisions of this Act or the rules made thereunder, the details of the offence, the offender and the vessel shall be recorded in such form and manner, as may be specified by the Central Government by notification. 33 ----- (6) The State Government shall appoint courts not inferior to that of a Magistrate of the first class, for the purpose of conducting trial of any person who is charged of any offence as provided under this Act or the rules made thereunder. **88. Offences by company, limited liability partnership firm or any such arrangement.—(1)** Where an offence under this Act has been committed by a company or a limited liability partnership firm or any such arrangement, every person who, at the time the offence was committed was in-charge of, and was responsible to the company or the limited liability partnership firm or any such arrangement, for the conduct of the business, and the company or the limited liability partnership firm or any such arrangement, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company or a limited liability partnership firm or any such arrangement and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or partner or other officer of the company or the limited liability partnership firm or any such arrangement, as the case may be, such director, manager, secretary or partner or other officer, as the case may be; shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. **89. Fees, additional fee, payment and collection.—(1) Unless otherwise specified, the State** Government shall collect, the fees and additional fees for the services provided under this Act and any other charges or payment made to it against payments towards penalties, at such rates and intervals, as may be prescribed by the State Government. (2) The State Government shall appoint or authorise such officers, or constitute such offices within its jurisdictions, by notification, to act as single point collection offices within the districts or ports, considering proximity and convenience of remittance. (3) The procedures, forms and format of receipts, maintenance of accounts and any other matter that is necessary for the purpose of the remittance, collection, accounts and accountability of collected fees, additional fees, charges or payment against penalties of pecuniary nature shall be such as may be prescribed by the State Government. (4) The owner, operators or their representatives, as the case may be, shall remit the fees or additional fees in such manner and at such rates as may be prescribed by the State Government. (5) All fees payable under this Act may be recovered as fine under this Act. **90. Cognizance of offence.— No court shall take cognizance of any offence under this Act, except** on a complaint in writing made by the Central Government or any officer authorised by the State Government, as the case may be, for this purpose. CHAPTER XVII NON-MECHANICALLY PROPELLED INLAND VESSEL **91. Local self-governance.— (1) The State Government may authorise any of its department (herein** in this Chapter referred to as the authorised department) to administer and implement the provisions of this Chapter. (2) The office of the authorised department shall be located at such places which are accessible to owners, operators of non-mechanically propelled inland vessel and service users of such vessels. (3) The offices of the authorised department shall in the order of hierarchy of power, be at district, taluk and panchayat or village level, or any other hierarchy as may be prescribed by the State Government, and shall exercise the powers and functions as may be prescribed by that Government, which shall include the powers and functions to— 34 ----- (a) enrol the non-mechanically propelled inland vessel under this Chapter; (b) collate data with regard to the non-mechanically propelled inland vessel enrolled under this Act and report it to the higher authority in the hierarchy of power; (c) administer the welfare fund constituted under this Chapter in accordance with such authority and obligation; (d) advise and conduct awareness programmes for assisting the owners, operators or service users of non-mechanically propelled inland vessel enrolled under this Act; and (e) perform such other functions as may be assigned under this Act or the rules made thereunder. **92. Obligation to enroll.—(1) The owner or operator may enrol, by submitting the details of the** ownership of non-mechanically propelled inland vessel, undertaking that the vessel is put into motion by solely employing human labour and such other details as may be prescribed by the State Government, at the office of the authorised department, which is located nearest to the place of residence of the owner or area of plying of the non-mechanically propelled inland vessel, in such form and manner as may be prescribed by the State Government. (2) The form prescribed by the State Government under sub-section (1) shall be published in the respective vernacular language, apart from Hindi or English, as the case may be. (3) For the purposes of identification and categorisation of non-mechanically propelled inland vessels, to be enrolled in accordance with the provisions of sub-section (1), the State Government shall publish such criteria for categorisation which may include the size, purpose of employment, age, construction, design or such other criteria of the vessels. (4) The enrolment of non-mechanically propelled inland vessels shall be a prerequisite for such vessels to be entitled for the benefits and preferential treatment accorded under this Chapter. (5) The details of the enrolled vessels shall be recorded in the registry of enrolment and be reported by the offices of lowest order in the hierarchy of power to the highest hierarchy and the collated list of enrolled vessels shall be maintained by the office of District Magistrate or such officer appointed or authorised under this Chapter, for the said purpose. (6) The State Government shall maintain a central data base to record the details of the non mechanically propelled inland vessel enrolled within the respective jurisdiction, in such form and manner as may be prescribed by it. (7) The lowest ranking officer of the office of the authorised department shall report of any change to the registry of enrolment maintained by him and bring to the notice of the authority higher in the hierarchical order, and the changes shall be brought out accordingly, in every such register maintained by the respective authorities including the central data base maintained by the Principal Secretary or Secretary of the State Government. **93. Certificate of enrolment and marking of vessel.— (1) The officer of the authorised department** appointed or authorised to maintain the registry under this Chapter, shall issue a certificate of enrolment to the non-mechanically propelled inland vessels that have enrolled in the registry of enrolment. (2) The certificate of enrolment shall be issued, in such form and manner as may be prescribed by the respective State Government, and details to be specified in such certificate shall include— (a) name, permanent address as given in the Unique Identification Document issued by Unique Identification Authority of India, electoral identification document or such other document of the owner, as may be prescribed by the State Government; (b) details such as year of construction, laying of keel or such other information; (c) details of design, if identified or categorised under this Chapter; (d) details of officer issuing or granting the certificate; and (e) number given to the vessels enrolled by the issuing authority. 35 ----- (3) The authorised department in every State shall issue a number to the non-mechanically propelled inland vessel enrolled within the respective jurisdiction, which shall be unique for the purpose of identification of enrolment with the authorised department of the respective State. (4) The number so issued under sub-section (3) shall be exhibited on a conspicuous part of the non mechanically propelled inland vessel in such form and manner as may be prescribed by the respective State Government. **94. Standards of construction and safety.—(1) The basic minimum standards that may be** reasonably observed during the construction of any non-mechanically propelled inland vessel, shall be such as may be prescribed by the State Government. (2) Notwithstanding anything contained in sub-section (1), the State Government shall specify, the standards of construction, which any class or category of non-mechanically propelled inland vessel shall comply with, in such manner as may be prescribed by it: Provided that the standards prescribed by the State Government shall be in harmony with the traditional knowledge and practices passed on as customary or ancestral means that are applied by skilled and talented persons involved in the designing and construction of non-mechanically propelled inland vessel. (3) The State Government may specify the minimum safety gears and equipment by notification in the Official Gazette with which the non-mechanically propelled inland vessel shall be equipped with for the purpose of ensuring safety of such vessels. (4) The State Government may provide for standards of overhauling, modifying, altering or refitting the non-mechanically propelled inland vessel for the purpose of ensuring safe navigation. (5) The non-mechanically propelled inland vessels enrolled under this Act, shall comply with the safety standards as stipulated under this Chapter or the rules made in this regard. (6) For the purposes of ensuring safe navigation of non-mechanically propelled inland vessels, the State Government may, by notification, specify the routes, areas or stretch of inland waters that are prohibited from being used or subject to such terms and conditions, for the navigation of nonmechanically propelled inland vessel. **95. Power of State Government to make rules to regulate non-mechanically propelled inland** **vessels.— (1) The State Government may, by rules made in this behalf, specify the measures to regulate** non-mechanically propelled inland vessels. (2) For the purposes of sub-section (1), the State Government may make rules for the following, namely:— (a) for prevention and minimising pollution caused by the non-mechanically propelled inland vessels; (b) for removal of obstructions to safe navigation; (c) measures that may be adopted to avert accidents and casualty; and (d) any other measure which the State Government may deem fit in implementing the provisions of this Chapter. **96. Constitution of welfare fund.— (1) Every State Government shall, by notification, constitute a** welfare fund at district level, for allocation of such fund to assist the non-mechanically propelled inland vessels enrolled under this Chapter. (2) Any officer appointed or authorised under this Chapter to be in-charge of the fund for the non mechanically propelled inland vessel shall, with the previous approval in writing of the respective State Government or such other authority appointed for the said purpose, utilise the fund to— (a) create awareness and conduct knowledge dissemination sessions for educating the owner, operator and service user on improvements required for safe navigation; 36 ----- (b) provide equipment and devices of safety and navigation at a subsidised rate; (c) provide support or relief during casualties, accidents or such emergencies; and (d) for such other purposes as it may deem fit. CHAPTER XVIII MISCELLANEOUS **97. Desertion and absence without leave.—** No person employed or engaged in any capacity on board a mechanically propelled vessel shall— (a) neglect or refuse, without reasonable cause, to join his mechanically propelled vessel or to proceed on any voyage in his vessel; (b) cause to be absent from his vessel or from his duty at any time without leave and without sufficient cause; (c) desert from his mechanically propelled vessel; (d) fail to act or behave with discipline befitting his duty and mandate. **98. General powers of Central Government to make rules.—(1) The Central Government may** make rules for— (a) implementation of standards for the use of special category of vessels within inland waterways; (b) providing the requirements and standards of— (i) river information services; (ii) vessel traffic and transport management, safety and information services; (iii) vessel tracing and tracking information; (iv) to tackle calamities and furtherance of emergency preparedness; (v) to quarantine the vessels and to adopt such other measures to effectively control any epidemic or disease of contagious nature; (c) enforcing standards to avoid and tackle pollution arising in inland waterways; (d) exemption, inclusion or extension of the application of any or all the provisions of this Act to any vessel registered, recognised or identified and intended to ply, or plying in the inland waters; (e) any other matter as it may deem fit and necessary in the proper implementation of this Act for the purposes of ensuring safe navigation, safety of life and prevention of pollution caused by inland vessel. (2) For the purposes of administration of the notifications mentioned in sub-section (1), the Central Government or the State Government, as the case may be, shall authorise or appoint officers by notification. **99. Emergency preparedness.— (1) Every State Government may, appoint or authorise the advisory** committee or officers, by notification, to take adequate measures, as may be prescribed by the State Government, to minimise or counter emergency. (2) The owner, operator, master, crew or any other person connected with inland vessel plying in inland waters shall upon finding or apprehending a situation of crisis, which could adversely affect or is adversely affecting the safety of navigation, safety of human life or preservation of inland waters, inform or report the advisory committee or such other officers, appointed under sub-section (1) having respective jurisdiction or jurisdictions over such crisis that is found or is anticipated to affect adversely. (3) The advisory committee or officers, who are appointed or authorised under sub-section (1), on receipt of information under sub-section (2), or as directed by the Central Government or the State 37 ----- Government or on their own initiative, may record the crisis as emergency and, shall adopt such measures as prescribed under sub-section (1), and such other measures which are feasible and in best of the judgment necessary to minimise or counter such emergency. (4) The advisory committee or officers, appointed or authorised under sub-section (1) may request the navy, coast guard, any other emergency force, or any inland vessel available for such assistance as necessary. (5) No mechanically propelled inland vessel directed or acting voluntarily in rendering assistance as mentioned in sub-section (4) shall be bound by the provisions of this Act or the rules made thereunder. (6) Any mechanically propelled inland vessel acting voluntarily, for the purpose of saving life or vessel or providing basic amenities, shall report to the advisory committee or officers appointed or authorised under sub-section (1) regarding the presence and reasons for the acts in writing, at the earliest possible. (7) The advisory committee or officers appointed or authorised under sub-section (1) shall disburse all basic amenities necessary and essential as it may deem fit, to the persons or vessels affected by such emergency. (8) The advisory committee or officers appointed or authorised under sub-section (1) shall report to the Central Government or the State Government, the complete description of the events, consequences and such measures adopted under sub-section (3) and the effectiveness of such measures in countering the emergency. **100. Removal of lawful obstruction.— (1) If any obstruction or impediment to the navigation of any** inland water has been lawfully made or has become lawful by reason of the long continuance of such obstruction or impediment or otherwise, the authorised officer shall report the same for the information of the State Government and shall, with the sanction of the State Government, cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration. (2) Any dispute arising out of or concerning such compensation shall be determined according to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013). **101. Validity of certificates issued under laws other than this Act.— (1) Every certificate issued in** respect of any person or vessel, under any other enactment in force in India, by the Central Government, shall be valid and effective as a certificate issued under this Act and the relevant provisions of this Act shall apply in relation to such persons or vessel as they apply to, any person who has been issued with a certificate under Chapter VI or any mechanically propelled inland vessel registered, recognised or identified under this Act. (2) Notwithstanding anything contained herein, the State Government may impose additional conditions and requirements for the purpose of recognition of certificates as provided under sub-section (1). **102. Obstruction to officer appointed or authorised.— No person shall wilfully cause obstruction** or attempt to obstruct any authority or officer appointed under this Act in exercise of the respective functions and powers conferred upon such authority or officer, or in the discharge of any duty imposed by or under this Act; by abstinence, failure to facilitate inspection, or restraining or physically objecting the entry or movement or non-production of books or records as and when demanded by such authority or authorised officers. **103. Place of trial.—** Whoever contravenes any of the provisions of this Act or the rules made thereunder, shall be triable for the offence in any place where he may be found or at the place of occurrence or at the place in the State where the offence has been committed or a place which the Central Government or the State Government, as the case may be, by notification, specify in this behalf, or any other place in which he might be tried under any other enactment for the time being in force. **104. Composition of offences.—** (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act, not being an offence punishable with 38 ----- imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by competent authority or in the event of the matter being referred to the court of competent jurisdiction, such offence may be compounded by the competent authority with the permission of such court. (2) The competent authority referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the appropriate Government. (3) Every application for the compounding of an offence shall be made in such manner as may be prescribed. (4) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. (5) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the competent authority referred to in sub-section (1) in writing, to the notice of the court in which the prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged. (6) Any person who fails to comply with an order made by the competent authority referred to in sub section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to such fine. (7) No offence punishable under the provisions of this Act shall be compounded except under and in accordance with the provisions of this section. **105. Appeal.— (1) Unless otherwise provided in this Act, any person aggrieved by an order made by** the officers or authorities under this Act, may appeal to the State Government against refusal, suspension, cancellation, detention, removal or such other order, issued under this Act, within thirty days from the date of receipt of such order. (2) The State Government shall cause notice of every such appeal to be given to concerned officers or authorities whose order is made the subject matter of the appeal, and after giving an opportunity to the appellant; shall pass appropriate order by recording reasons thereof, which shall be final. **106. Power of Central Government to make rules.—(1) For the purposes of effective** implementation of the provisions of this Act, the Central Government shall, subject to the condition of previous publication, make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the centralised record to be maintained in e-portal, for recording the data and details of vessel, vessel registration, crew, manning, certificates issued, reception facilities and such other data to be recorded under clause (f) of section 3; (b) the requirements for compliance to be specified in a cover note for the purpose of issuance of certificate of insurance under clause (g) of section 3; (c) the procedure to be laid down and rates to be specified so as to calculate the rate of extent of liability within which the owner or such other persons entitled under this Act, may limit the liability or be permitted to limit or cap the liability arising out of claims under clause (t) of section 3; (d) the standard and number of persons required for safe manning and navigation of vessels under clause (z) of section 3; (e) the classification, criteria for such classification and standards of design, construction, fitness and crew accommodation to classify or categorise any mechanically propelled inland vessel under sub-section (1) of section 7; 39 ----- (f) the manner of carrying out construction and any alteration or modification of mechanically propelled inland vessels with the prior approval of design from the designated authority under section 8; (g) the standards for type and periodicity of surveys for all mechanically propelled inland vessels, which are newly constructed and already in service under sub-section (1) and the form and content of request for survey to be submitted by the applicant under sub-section (2) of section 9; (h) the minimum criteria and qualifications for the appointment of surveyors, which the State Governments shall adopt in the appointment of surveyors under section 10; (i) the form of application for conducting survey to be submitted by owners, masters or construction yard under sub-section (1) of section 11; (j) the form and contents of the declaration of survey of a mechanically propelled inland vessel and the time period for which such certificate shall be valid, under sub-section (1) of section 12; (k) the form of the certificate of survey including any particulars or terms and conditions under sub-section (3) of section 12; (l) the form of provisional certificate of survey and the period of validity provided under sub-section (1) of section 13; (m) the terms and conditions to be complied with for permitting any mechanically propelled vessels registered under such laws of countries other than India; which shall only be permitted to ply within the inland waters under clause (c) of sub-section (2) of section 18; (n) the form, contents or particulars of the book of registry as provided under sub-section (1) of section 21; (o) the form and manner for maintenance of central data base for inland vessels by the officers appointed by the Central Government under section 22; (p) the functions to be performed by the officers appointed by the Central Government under section 22; (q) the form and manner of making application for registration of a mechanically propelled inland vessel and the particulars along with which such application is to be made under sub-section (1) of section 23; (r) the list of documents to be submitted or adduced by the applicants for registration under sub-section (2) of section 23; (s) the form and content of certificate of registration under sub-section (2) of section 24; (t) the form of application, fee and the manner of issuance of provisional certificate of registration under sub-section (2) of section 27; (u) the procedures to be complied with by the owner of any mechanically propelled inland vessel who ceases to be the owner or applies for the requirement of transfer of registry or any such circumstances leading to change of the registered address under sub-section (2) of section 29; (v) the procedures for validating the transfer of mechanically propelled inland vessel from India to outside India under section 30; (w) the time within which the owner of the mechanically propelled inland vessel shall report to the Registrar of Inland Vessels of the place where such vessel is registered, if that vessel is declared missing, destroyed, lost, abandoned or has been rendered permanently unfit for service or destined for scrapping or dismantling or sold abroad; (x) the form of instrument creating the security for a mortgage for a loan or other valuable consideration under sub-section (1) of section 33; (y) the manner and conditions governing mortgage and its procedures under sub-section (2) of section 33; 40 ----- (z) the standards for qualification, training, training institute, examination and grant of competency certificates under sub-section (1) of section 34; (za) the minimum manning scale applicable to different class or category of mechanically propelled inland vessels, categorised under this Act or such other laws for the time being in force in India, under section 35; (zb) the criteria and qualifications for appointment of examiners under sub-section (1) of section 36; (zc) the form, contents and particulars of certificate of competency specified under sub-section (3) of section 37; (zd) the period of validity of certificate of service issued under sub-section (1) of section 38; (ze) the form of certificate of service and the conditions subject to which such certificate is issued under sub-section (4) of section 38; (zf) the conditions subject to which the certificate of competency shall be valid throughout India under section 39; (zg) the intervals and manner in which the State Government shall report and update the Central Government with the information on data and details of certificates issued, granted, cancelled or suspended or such other remarks, made by the respective authority under sub-section (2) of section 41; (zh) the criteria and standards to identify any class or category of mechanically propelled inland vessels as special category vessels based on their design, construction, use, purpose, area of plying, source of energy or fuelling or any other criteria under sub-section (1) of section 42; (zi) the requirements of construction, design, survey, registration, manning, qualification, competency, or the requirements in addition to those contained elsewhere in this Act under sub-section (2) of section 42; (zj) the specifications and requirements of signals and equipment based on classification and categorisation of mechanically propelled vessels, to be complied with by such vessels under sub-section (1) of section 47; (zk) the fog and distress signals to be carried and used, the steering and sailing rules to be complied with and the different protocols for exhibition and display of different standards of lights, shapes and signals, by any mechanically propelled vessel plying in inland waters under sub-section (2) of section 47; (zl) the class or category of mechanically propelled inland vessels to be equipped with navigation aids, life saving appliances, fire detection and extinguishing appliances and communication appliances under sub-section (1) of section 51; (zm) the standards to be followed by the owner or master of any mechanically propelled inland vessel and the manner for discharge or dispose of sewage and garbage under sub-section (2) of section 52; (zn) the standards of construction and equipment of the mechanically propelled inland vessels to ensure compliance with the requirements of the provisions of Chapter IX under sub-section (1) of section 53; (zo) the form, validity and content of prevention of pollution certificate under sub-section (3) of section 53; (zp) the conditions for construction, use and maintenance of reception facilities for the containment of pollution and removal of pollutants arising from spillage or discharge arising from mechanically propelled inland vessels at all cargo terminals or passenger terminals under sub-section (1) of section 54; (zq) the purposes for Chapter X as specified in clauses (a) to (g) of section 59; 41 ----- (zr) the limits of liability and the criteria in determining compensation for any claim specified in sub-section (5) of section 64; (zs) the form, content, and the conditions subject to which a certificate of insurance is issued by the insurer to the insured under clause (c) of sub-section (1) of section 68; (zt) the terms and conditions to be incorporated in the contract of insurance entered between insurer and insured to cover the risks, as provided in section 66, under sub-section (2) of section 68; (zu) the terms, conditions and procedures to be complied with by insurers and insured including those specified in clauses (a) to (h) therein, under section 73; (zv) minimum standards, terms and conditions to protect the interests and to ensure safety of service providers and service users under section 80; (zw) the conditions for carrying the list of dangerous goods under section 81; (zx) the terms and conditions subject to which permission of the Central Government is granted for use or employment of a vessel, registered in any country other than India, for the purposes of, carriage of goods, transportation of passengers, storage units, accommodation, floating units or for such other purposes within the inland waters under sub-section (1) of section 82; (zy) the fees for grant of a certificate or licence under this Act similar to any certificate granted by any other foreign country in accordance with the provisions of any law for the time being in force in that country under sub-section (2) of section 82; (zz) the period and extent of validity of certificate granted under sub-section (2) of section 82, as specified in sub-section (3) of the said section; (zza) any other matter which is required to be, or may be, prescribed under the provisions of this Act for the purpose of implementation and administration of such provisions. **107. Power of State Government to make rules.— (1) The State Government may, after previous** publication, make rules for the provisions specified to be administered by it under this Act or as delegated to it by the Central Government for the purposes of effective implementation of the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the requirements for the appointment of qualified persons as pilots under clause (zk) of section 3; (b) the fee for issuance of certificate of survey under sub-section (2) of section 12; (c) the manner and conditions subject to which any mechanically propelled inland vessel, which has been issued with a provisional certificate of survey or endorsement may proceed on voyage or use in service, temporarily, pending the issue of certificate of survey under sub-section (2) of section 13; (d) the manner of issue the notice of suspension of certificate of survey to the owner, operator, master, or construction yard under sub-section (2) of section 15; (e) the functions to be performed by the Registrar of Inland Vessels in respect to the port or place of registry for which he is appointed under sub-section (2) of section 20; (f) the manner and period in which the Registrar of Inland Vessels shall report the details of the book of registry or entries made therein, to the State Government at regular intervals, under sub-section (2) of section 21; (g) the fee for granting the certificate of registration to the applicant under sub-section (1) of section 24; (h) other particulars to be contained in the certificate of registration under clause (e) of sub-section (2) of section 24; 42 ----- (i) the conspicuous part of the vessel where the owner shall display the official number under sub-section (3) of section 24; (j) the form and manner in which the registered owner shall apply for a duplicate certificate to the Registrar of Inland Vessels under sub-section (1) of section 26; (k) the fees or additional fees for applying for a duplicate certificate to the Registrar of Inland Vessels under sub-section (2) of section 26; (l) the form, manner and period within which the owner, operator or master of the mechanically propelled inland vessel shall make an application, for entry of alterations or modifications made, in the certificate of registration, under sub-section (1) of section 28; (m) the fee for applying to the Registrar of Inland Vessels for registration of alterations under sub-section (2) of section 28; (n) the conditions to be complied with and the period for such compliance to be stated in the notice of suspension issued by the Registrar of Inland Vessels under sub-section (4) of section 31; (o) the form and manner for maintenance of registers to record, the details and data of the certificate, and the certificates specified therein, under sub-section (1) of section 41; (p) the form of application, form of certificate of fitness and such other conditions including validity, subject to which and the manner of granting the certificate of fitness under sub-section (2) of section 43; (q) the safety features, gears and such other measures by which any mechanically propelled inland vessel, identified as special category vessel, shall comply with and be equipped in accordance with the categorisation of such vessel, under sub-section (1) of section 44; (r) the maximum carrying capacity of the vessel identified as special category vessel by specifying the safety waterline or the limits of load water line to keep them afloat, or such other criteria and conditions, for the safe voyage of such inland vessel under sub-section (2) of section 44; (s) the rates of charges to be received by the owner or operator of all cargo terminals or passenger terminals, providing reception facilities shall receive charges under sub-section (3) of section 54; (t) the form of report of compliance to be submitted by the owner or operator of the passenger or cargo terminal under sub-section (5) of section 54; (u) the manner in which the owner, operator or master of any mechanically propelled vessel used or plying within inland waters, shall discharge the pollutants at the port reception facilities under sub-section (6) of section 54; (v) the procedure for detaining any mechanically propelled inland vessel in connection with a claim, or an offence under section 63; (w) the form and manner of giving information of any wreck, abandonment, damage, casualty, accident, explosion or loss occurred to or on board such a vessel while in the inland waters, to the officer in-charge of the nearest police station and to the designated authority appointed under sub-section (2) of section 74; (x) the powers of the District Magistrate and the procedures to be followed in holding inquiry under sub-section (3) of section 75; (y) the qualifications, criteria and consideration, fees or charges for the assessors, who have experience in the merchant service or in the navigation of the mechanically propelled inland vessels under sub-section (2) of section 76; (z) the procedures for detention, formality, fees and conditions, if not specified in this Act, to be followed and observed by the concerned officer or authority or court, appointed or authorised or constituted under this Act, for the purpose of detaining a vessel, under sub-section (4) of section 85; 43 ----- (za) the rates of fees and additional fees to be charged for the services provided under this Act, and any other charges or payment made to it against penalties of pecuniary nature to be collected by the State Government, and the intervals at which such fees, charges or penalties shall be collected, under sub-section (1) of section 89; (zb) the procedures, forms and format of receipts, maintenance of accounts and any other matter that is necessary for the purpose of the remittance, collection, accounts and accountability of collected fees, additional fees, charges or payment against penalties of pecuniary nature under sub-section (3) of section 89; (zc) the manner and rates of fees or additional fees, the owner, operators or their representatives, as the case may be, shall remit under sub-section (4) of section 89; (zd) the hierarchy of the offices of the authorised department and the powers and functions to be exercised by such offices under sub-section (3) of section 91; (ze) the authority and obligation to administer the welfare fund constituted for the purposes of Chapter XVII under clause (c) of sub-section (3) of section 91; (zf) such other details to be submitted by the owner or operator of non-mechanically propelled inland vessel at the office of the authorised department and the form and manner of making such submission, under sub-section (1) of section 92; (zg) the form and manner of central data base to record the details of non-mechanically propelled inland vessels under sub-section (6) of section 92; (zh) the form and manner of issuance of certificate of enrolment and such other document containing details of the owner, to be specified in the said certificate, under sub-section (2) of section 93; (zi) the form and manner of exhibiting a number issued to a non-mechanically propelled inland vessel under sub-section (4) of section 93; (zj) the basic minimum standards that may be reasonably observed during the construction of any non-mechanically propelled inland vessel under sub-section (1) of section 94; (zk) the manner of complying with the standards of construction specified by the State Government, by any class or category of non-mechanically propelled inland vessel under sub-section (2) of section 94; (zl) the measures to regulate the non-mechanically propelled inland vessel under section 95; (zm) the measures to be taken by the advisory committee or officers authorised in this behalf to minimise or counter emergency under sub-section (1) of section 99; (zn) for the purposes of implementation and administration of Chapter XVII of this Act, pertaining to non-mechanically propelled inland vessels; (zo) any other matter which is required to be, or may be, prescribed under the provisions of this Act. **108. Power of Central Government to give directions.—** The Central Government may, for carrying into execution of this Act in the State, give directions to the State Government, and the State Government shall abide by such directions. **109. Protection of action taken in good faith.— (1) No suit, prosecution or other legal proceeding** shall lie against any person or officer appointed or authorised under this Act, in respect of anything done or intended to be done in good faith under this Act. (2) For the purpose of claiming immunity under sub-section (1), the officers appointed or authorised under this Act, shall perform and carry out the respective functions and responsibilities, with utmost care and due diligence. 44 ----- **110. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of three years, from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **111. Consistency with other laws.— (1) The provisions of this Act shall be in addition to, and not be** construed in derogation of the provisions of any other law, and shall be construed as consistent with such law, for the time being in force. (2) In the event of any conflict between a provision of this Act and a provision of any other law for the time being in force in the whole of India or restricted to the application within the territory of any State, the provision of this Act shall prevail to the extent of such conflict. **112. Suspension or alteration of application and operation of Act.— (1) The Central Government** may, by notification, declare that all or any of the provisions, under this Act or the rules made thereunder— (a) other than that provided for safety, manning and prevention of pollution, shall not apply to any specified class or category of the mechanically propelled inland vessels; or (b) shall apply to any specified class or category of the mechanically propelled inland vessels with such modifications, as may be specified in the notification. (2) Notwithstanding anything contained in this section, the Central Government may, by notification, suspend or relax to a specified extent, either indefinitely or for such period as may be specified in that notification, the operation of all or any of the provisions of this Act. **113. Laying of rules and notifications.— (1) Every rule made or notification issued under this Act,** by the Central Government shall be laid, as soon as may be after it is made or issued, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification, or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. (2) Every rule made or notification issued under this Act by the State Government shall, as soon as after it is made or issued, be laid before the State Legislature. **114. Repeal and savings.— (1) The Inland Vessels Act, 1917 (1 of 1917) is hereby repealed.** (2) Notwithstanding the repeal of the enactment referred to in sub-section (1),— (a) any notification, rule, regulation, bye-law, order or exemption issued, made or granted under the enactment hereby repealed shall, if it is not inconsistent with the provisions of this Act, continue to be in force unless and until revoked, and shall have effect as if it had been issued, made or granted under the corresponding provision of this Act; (b) any officer appointed and anybody elected or constituted under any enactment hereby repealed shall continue and shall be deemed to have been appointed, elected or constituted unless specifically removed or replaced by appointment of officer or offices, as the case may be, under this Act; (c) any document referring to the enactment hereby repealed shall be constructed as referring to this Act or to the corresponding provision of this Act; 45 ----- (d) any fine levied or penalty imposed under the enactment hereby repealed may be recovered as if it had been levied under this Act; (e) any offence committed under the enactment hereby repealed may be prosecuted and punished as if it had been committed under this Act; (f) sailing vessels or sailing boats registered under the enactment hereby repealed shall be deemed to have been registered under the Act; (g) mortgages of any mechanically propelled inland vessels recorded in any register book maintained at any port in India under the enactment hereby repealed shall be deemed to have been recorded in the register book under the corresponding provision of this Act; (h) any licence, certificate of competency or service, certificate of survey, licenses or any other certificate or document issued, made or granted under the enactment hereby repealed and in force at the commencement of this Act shall be deemed to have been issued, made or granted under this Act and shall, unless cancelled under this Act, continue in force until the date shown in the certificate or document, as the case may be. (3) The matters specifically provided in this section, shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (X of 1897). 46 -----

12-Aug-2021

29

The Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021

https://www.indiacode.nic.in/bitstream/123456789/16898/1/a2021-29.pdf

central

THE COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS ACT, 2021 ____________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, application and commencement. 2. Definitions. CHAPTER II COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS 3. Constitution of Commission. 4. Appointment of Chairperson, Members and Member-Secretary. 5. Resignation and removal of Chairperson and Members. 6. Term of office of Chairperson and Members. 7. Member to act as Chairperson or to discharge his functions in certain circumstances. 8. Terms and conditions of service of Chairperson and Members. 9. Vacancies, etc., not to invalidate proceedings of Commission. 10. Procedure to be regulated by Commission. 11. Sub-Committees and other staff of Commission. CHAPTER III POWERS AND FUNCTIONS OF THE COMMISSION 12. Powers and functions of Commission. 13. Annual report. 14. Penalty for contravention of provisions of Act, rules, order or direction. 15. Environmental compensation. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 16. Grants by Central Government. 17. Accounts and audit. CHAPTER V MISCELLANEOUS 18. Appeal. 19. Constitution of special investigation teams. 20. Power of Central Government to issue direction. 21. Power of Central Government to call for information. 22. Bar of jurisdiction. 23. Protection of action taken in good faith. 24. Members and officers to be public servants. 25. Power of Central Government to make rules. 26. Power of Commission to make regulations. 27. Power to remove difficulties. 28. Act to have overriding effect. 1 ----- SECTIONS 29. Repeal and savings of order constituting Environment Pollution (Prevention and Control) Authority for National Capital Region. 30. Savings. 31. Repeal and savings. 2 ----- # THE COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS ACT, 2021 ACT NO. 29 OF 2021 [12th August, 2021.] # An Act to provide for the constitution of the Commission for Air Quality Management in National Capital Region and Adjoining Areas for better co-ordination, research, identification and resolution of problems surrounding the air quality index and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, application and commencement.—(1) This Act may be called the Commission for Air** Quality Management in National Capital Region and Adjoining Areas Act, 2021. (2) It shall apply to the National Capital Region and also to adjoining areas in so far as it relates to matters concerning air pollution in the National Capital Region. (3) It shall be deemed to have come into force on the 13th April, 2021. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “adjoining areas” means the areas in the States of Haryana, Punjab, Rajasthan and Uttar Pradesh, adjoining the National Capital Territory of Delhi and the National Capital Region, where any source of pollution is located, causing adverse impact on air quality in the National Capital Region; (b) “Associate Member” means a member who is co-opted under sub-section (3) of section 3; (c) “Chairperson” means the Chairperson of the Commission for Air Quality Management in National Capital Region and Adjoining Areas referred to in section 3; (d) “Commission” means the Commission for Air Quality Management in National Capital Region and Adjoining Areas constituted under section 3; (e) “Member” means a Member of the Commission and includes the Chairperson thereof; (f) “National Capital Region” shall have the same meaning as assigned to it in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985); (g) “prescribed” means prescribed by rules made under this Act. (2) The words used herein and not defined, but defined in the Environment (Protection) Act, 1986 (26 of 1986), shall have the meaning as assigned to them in that Act. CHAPTER II COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS **3. Constitution of Commission.—(1) The Central Government shall, by notification in the Official** Gazette, constitute a body to be known as the Commission for Air Quality Management in National Capital Region and Adjoining Areas to exercise the powers conferred upon, and to perform the functions assigned to, that Commission under this Act. (2) The Commission shall consist of the following Members, namely:— (a) a full-time Chairperson having experience of not less than fifteen years in the field of environment protection and pollution control or having administrative experience of not less than twenty-five years; (b) a representative of the Secretary to the Government of India in the Ministry of Environment, Forest and Climate Change, who shall be an officer not below the rank of Joint Secretary, ex officio; 3 ----- (c) five _ex officio Members who are either Chief Secretaries, or Secretaries in-charge of the_ department dealing with environment protection in the National Capital Territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh; (d) one full-time Member who is or has been a Joint Secretary to the Government of India; (e) three full-time independent technical Members to be appointed from amongst persons having specific knowledge and experience in matters relating to air pollution; (f) one technical Member from the Central Pollution Control Board, ex officio; (g) one technical Member to be nominated by the Indian Space Research Organisation, ex officio; (h) three Members from non-Governmental organisations having experience in matters concerning combating of air pollution; (i) one representative of the National Institution for Transforming India, not below the rank of Joint Secretary or Adviser, ex officio; (j) one officer in the rank of Joint Secretary to the Government of India to be appointed by the Central Government as a full-time Member-Secretary of the Commission; (k) three members, being stakeholders from such sectors as agriculture, industry, transport or construction. (3) The Commission may co-opt the following persons as Associate Members, namely:— (a) a representative of the Ministry of Road Transport and Highways, not below the rank of Joint Secretary to the Government of India; (b) a representative of the Ministry of Power, not below the rank of Joint Secretary to the Government of India; (c) a representative of the Ministry of Housing and Urban Affairs, not below the rank of Joint Secretary to the Government of India; (d) a representative of the Ministry of Petroleum and Natural Gas, not below the rank of Joint Secretary to the Government of India; (e) a representative of the Ministry of Agriculture and Farmers’ Welfare, not below the rank of Joint Secretary to the Government of India; (f) a representative of the Ministry of Commerce and Industry, not below the rank of Joint Secretary to the Government of India; (g) a representative of any association of commerce or industry; (h) such other Associate Members, as may be prescribed. (4) The Member-Secretary shall be the Chief Co-ordinating Officer of the Commission and shall assist the Commission in the discharge of its functions under this Act. (5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in the National Capital Region or adjoining areas. (6) Notwithstanding anything contained in any other law for the time being in force, and notwithstanding any judgment or order of any court, the Commission shall have exclusive jurisdiction in the National Capital Region and adjoining areas in respect of matters covered by this Act and no other body, authority, individual or committee shall have any power or jurisdiction in such matters: Provided that in case of any conflict in the orders or directions of the Commission and the Governments of the National Capital Territory of Delhi and of the States of Punjab, Haryana, Rajasthan and Uttar Pradesh or the Central Pollution Control Board or the State Pollution Control Boards of the States of Punjab, Haryana, Rajasthan and Uttar Pradesh or the Pollution Control Committee of the National Capital Territory 4 ----- of Delhi or any other statutory authority set up or established under a State Act, the order as well as the direction of the Commission shall prevail. **4. Appointment of Chairperson, Members and Member-Secretary.—(1) The full-time Chairperson** and full-time Members, other than ex officio Members, of the Commission shall be appointed by the Central Government: Provided that every appointment under this sub-section shall, subject to the provisions of second proviso, be made on the recommendations of a Selection Committee consisting of— (a) Minister in-charge of the Ministry of Environment, Forest and Climate Change in the Government of India--Chairperson; (b) Minister in-charge of the Ministry of Commerce and Industry in the Government of India- member; (c) Minister in-charge of the Ministry of Road Transport and Highways in the Government of India -member; (d) Minister in-charge of the Ministry of Science and Technology in the Government of India- member; (e) Cabinet Secretary--member: Provided further that in case where the Central Government appoints a serving officer as the Chairperson under clause (a) of sub-section (2) of section 3, or the full-time Member under clause (d) thereof, then, no recommendation of the Selection Committee shall be required. (2) No appointment of the Chairperson or a Member shall be invalid merely by reason of any vacancy of any member in the Selection Committee referred to in sub-section (1). (3) The appointment of the Member-Secretary of the Commission shall be made by the Central Government in such manner, subject to such terms and conditions, as may be prescribed. **5. Resignation and removal of Chairperson and Members.—(1) The Chairperson or a Member,** other than an _ex officio Member, may, by notice in writing under his hand addressed to the Central_ Government, resign his office. (2) The Central Government may remove the Chairperson or any Member, other than an _ex officio_ Member, from his office, in such manner as may be prescribed, if such person— (a) is adjudged an insolvent; (b) engages during his term of office in any paid employment outside the duties of his office; (c) is of unsound mind and stands so declared by a competent court; (d) has so abused his position as to render his continuance in office prejudicial to the public interest; (e) has acquired such financial or other interest as is likely to affect prejudicially his functions; or (f) is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude: Provided that no such Member shall be so removed, unless he has been given an opportunity of being heard. **6. Term of office of Chairperson and Members.—The Chairperson or a Member, other than an** _ex officio Member, shall hold office for a term of three years from the date on which he enters upon his_ office or until he attains the age of seventy years, whichever is earlier, and shall be eligible for re-appointment. **7. Member to act as Chairperson or to discharge his functions in certain circumstances.—(1) In** the event of the occurrence of any vacancy in the office of the Chairperson by reason of death, resignation or otherwise, the Central Government may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy. 5 ----- (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the Central Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. **8. Terms and conditions of service of Chairperson and Members.—The salaries and allowances** payable to, and the other terms and conditions of service of, the Chairperson and Members, other than _ex officio Members, shall be such as may be prescribed:_ Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment. **9. Vacancies, etc., not to invalidate proceedings of Commission.—No act or proceedings of the** Commission shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Commission. **10. Procedure to be regulated by Commission.—(1) The Commission shall meet at such time and** place as the Chairperson may think fit. (2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have the power to lay down by regulations its own procedure. (3) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Chairperson in this behalf. (4) The Commission may, by general or special order, subject to such conditions and limitations, if any, as may be specified therein, delegate to the Chairperson, full-time Member, Member-Secretary or any Sub-Committee constituted under section 11, such of its powers under this Act (except the power to make regulations under section 25), as it may deem necessary or expedient for the purpose of protecting and improving the quality of the air in the National Capital Region and adjoining areas. **11. Sub-Committees and other staff of Commission.—(1) The Commission shall have at least the** following three Sub-Committees— (a) Sub-Committee on Monitoring and Identification; (b) Sub-Committee on Safeguarding and Enforcement; (c) Sub-Committee on Research and Development. (2) The Sub-Committee on Monitoring and Identification shall be headed by a Member of the Commission chosen by it and shall have the following additional members, namely:— (a) one representative from the Central Pollution Control Board; (b) one representative each from the State Pollution Control Board or Committee, as the case may be, of the National Capital Territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh; (c) one representative from the National Environmental Engineering Research Institute; (d) such other members as may be specified by regulations. (3) The Sub-Committee on Safeguarding and Enforcement shall be headed by the full-time Chairperson of the Commission and shall have the following additional members, namely:— (a) one representative each, not below the rank of Secretary from the department tackling air pollution from the National Capital Territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh; (b) one representative each from the State Pollution Control Board or Committee, as the case may be, from the National Capital Territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh; (c) one officer not below the rank of Inspector General of Police or equivalent from the National Capital Territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh; 6 ----- (d) such other members as may be specified by regulations. (4) The Sub-Committee on Research and Development shall be headed by a full-time technical Member of the Commission and shall have the following additional Members, namely:— (a) two technical representatives from the National Environmental Engineering Research Institute; (b) one technical representative each from research institutions or Universities or colleges or organisations in the National Capital Territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh; (c) two technical representatives from the field of medicine and research working or studying on the impact of air pollution on living beings; (d) such other members as may be specified by regulations. (5) The Commission may also constitute such other Sub-Committees as it thinks fit. (6) The members of the Sub-Committees, other than ex officio members, shall be paid such allowances as may be prescribed. (7) The Central Government, in consultation with the Commission, shall determine the nature and the categories of officers and other staff required to assist the Commission in the discharge of its function and provide the Commission with such officers and employees as it may deem fit. (8) The officers and other staff of the Commission shall discharge their duties and functions under the general superintendence of the Chairperson. (9) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (7) shall be such as may be prescribed. CHAPTER III POWERS AND FUNCTIONS OF THE COMMISSION **12. Powers and functions of Commission.—(1) Notwithstanding anything contained in any other law** for the time being in force, the Commission shall have the power to take all such measures, issue directions and entertain complaints, as it deems necessary or expedient, for the purpose of protecting and improving the quality of the air in the National Capital Region and adjoining areas and shall also have the duty to take all such measures as may become necessary for protecting and improving the quality of air in the National Capital Region and adjoining areas. (2) In particular and without prejudice to the generality of sub-section (1), the Commission shall, for the purposes of sub-section (1), have the following powers to perform its duties, including taking measures to abate air pollution and to regulate or prohibit activities that are likely to cause or increase air pollution in the National Capital Region and adjoining areas, namely:— (i) co-ordination of actions by the Governments of the National Capital Territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh, officers and other authorities under this Act or the rules made thereunder or under any other law for the time being in force, which is relatable to the objects of this Act; (ii) planning and execution of a programme for the region for prevention, control and abatement of air pollution; (iii) laying down parameters for the quality of air in its various aspects; (iv) laying down parameters for emission or discharge of environmental pollutants from various sources whatsoever that have implications on air quality in the region: Provided that different parameters for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources that have implications on air quality in the region; 7 ----- (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes, that have implications on air quality in the region, shall not be carried out or shall be carried out subject to certain safeguards; (vi) carrying out and requiring investigations and research relating to problems of environmental pollution that have implications on air quality in the region; (vii) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of air pollution in the region; (viii) collection and dissemination of information in respect of matters relating to air pollution in the region; (ix) preparation of manuals or codes or guidelines relating to the prevention, control and abatement of air pollution in the region; (x) appoint officers, with prior approval of the Central Government, with such designations, as it thinks fit, for the purposes of this Act and may entrust to them such of the powers and functions under this Act or for the purposes of achieving the objects of this Act, as it may deem fit; (xi) issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions. _Explanation.—For avoidance of doubts, it is hereby declared that the power to issue directions_ under this section includes the power to direct— (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service. (3) (a) Subject to the provisions of this section, any person authorised by the Commission in this behalf shall have a right to enter, at all reasonable times, and with such assistance as he considers necessary, any place, for the purpose of— (i) performing any of the functions of the Commission entrusted to him; (ii) determining whether and if so, in what manner any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with; (iii) examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reasons to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence to the Commission of an offence punishable under this Act or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution; (b) every person carrying on any industry, operation or process or handling any hazardous substance shall be bound to render all assistance to the person empowered by the Commission under clause (a) for carrying out the functions under that clause and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act; (c) if any person wilfully delays or obstructs any person authorised by the Commission under clause (a) in the performance of his functions, he shall be guilty of an offence under this Act; (d) the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code or, as the case may be, under the corresponding provisions of the said law. 8 ----- (4) (a) The Commission or any officer authorised by it in this behalf, shall, for the purpose of analysis, have power to take samples of air from any factory, premises or other place in such manner as may be prescribed; (b) the result of any analysis of a sample taken under clause (a) shall not be admissible in evidence in any legal proceeding unless the provisions of clauses (c) and (d) are complied with; (c) subject to the provisions of clause (d), the person taking the sample under clause (a) shall,— (i) serve on the occupier or his agent or person in-charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed; (ii) in the presence of the occupier or his agent or person, collect a sample for analysis; (iii) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person; (iv) send without delay, the container or the containers to the laboratory established or recognised by the Central Government; (d) when a sample is taken for analysis under clause (a) and the person taking the sample serves on the occupier or his agent or person, a notice under sub-clause (i) of clause (c), then, — (i) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample; and (ii) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under sub-clause (iii) of clause (c), the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognised by the Central Government and such person shall inform the Government Analyst appointed or recognised, about the wilful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers. (5) In discharge of its functions and exercising of its authority, the Commission and the Sub Committees mentioned in section 11 shall be bound by such general or specific directions of the Central Government, as may be issued from time to time. (6) In particular and without prejudice to the generality of the foregoing provisions, the Commission shall perform all or any of the following functions, namely:— (a) take up matters suo motu, or on the basis of complaints made by any individual, representative body or organisation functioning in the field of environment, against any individual, association, company, public undertaking or local body carrying on any industry, operation or process; (b) provide the mechanism and the means to implement in the National Capital Region and adjoining areas— (i) the National Clean Air Programme; (ii) the National Air Quality Monitoring Programme; (iii) the National Ambient Air Quality Standards; (c) provide an effective framework and platform in the National Capital Region and adjoining areas for— (i) source identification of air pollutants on a periodic basis; 9 ----- (ii) taking on-ground steps for curbing air pollution; (iii) specific research and development in the field of air pollution; (iv) synergising the energies and efforts of all stakeholders in developing innovative ways to monitor, enforce and research on the issues concerning air pollution; (v) building a network between technical institutions working or researching in the field of air pollution; (vi) international co-operation including sharing of international best practices in the field of air pollution; (vii) training and creating a special work-force for tackling the problem of air pollution; (d) provide an effective frame work, action plan and take appropriate steps for— (i) tackling the problem of stubble burning; (ii) monitoring, assessing and inspecting air polluting agents; (iii) increasing plantation; (e) monitoring the measures taken by the States to prevent stubble burning; (f) undertake and promote research in the field of air pollution; (g) spread awareness regarding air pollution among various sections of society and promote awareness of the collective steps that the public may take through publications, the media, seminars and other available means; (h) encourage the efforts of non-governmental organisations and institutions working in the field of air pollution; (i) any other functions as have been entrusted to any ad hoc committee or commission or task force or body formed for the purpose of dealing with issues concerning air pollution, stubble burning or the monitoring of related factors, in pursuance of any judicial order passed from time to time; (j) such other functions as it may consider necessary for the prevention of air pollution in the National Capital Region and adjoining areas. **13. Annual report.—(1) The Commission shall furnish to the Central Government an annual report** containing such details of the steps taken, proposals made, researches awaited and other measures undertaken by it in pursuance of its functions under section 12, in such form and manner as may be specified by regulations. (2) The Central Government shall cause the annual report furnished under sub-section (1) to be laid before each House of Parliament. **14. Penalty for contravention of provisions of Act, rules, order or direction.—(1) Any non-** compliance or contravention of any provisions of this Act, rules made thereunder or any order or direction issued by the Commission, shall be an offence punishable with imprisonment for a term which may extend up to five years or with fine which may extend up to one crore rupees or with both: Provided that the provisions of this section shall not apply to any farmer for causing air pollution by stubble burning or mismanagement of agricultural residue. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under this Act shall be non-cognizable and triable by the Jurisdictional Judicial Magistrate of the First Class, who shall not take cognizance of the offence except upon a complaint made by the Commission or any officer authorised by the Commission in this behalf. (3) Where any offence under this Act has been committed by a company, every person who, at the time when the offence was committed, was directly in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 10 ----- Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (4) Notwithstanding anything contained in sub-section (3), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of sub-sections (3) and (4),—_ (a) "company" means any body corporate, and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. (5) Where an offence under this Act has been committed by any Department of the Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (6) Notwithstanding anything contained in sub-section (5), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (7) For the purpose of this section and the procedure to be followed thereunder, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply. **15. Environmental compensation.—The Commission may impose and collect environmental** compensation from farmers causing air pollution by stubble burning, at such rate and in such manner, as may be prescribed. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT **16. Grants by Central Government.—(1) The Central Government shall, after due appropriation** made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. (2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). **17. Accounts and audit.—(1) The Commission shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. 11 ----- (4) The accounts of the Commission, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission and the Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament. CHAPTER V MISCELLANEOUS **18. Appeal.—An appeal shall lie to the National Green Tribunal constituted under the National Green** Tribunal Act, 2010 (19 of 2010) against any order, direction or action taken by or on behalf of the Commission constituted under section 3. **19. Constitution of special investigation teams.—Notwithstanding anything contained in any other** law for the time being in force, or any judicial order by any Court, where the Commission considers it necessary so to do, it may constitute one or more special investigation teams, consisting of such officers or such persons, as it thinks necessary, for the purposes of carrying out its functions under this Act. **20. Power of Central Government to issue direction.—Notwithstanding anything contained in any** other law for the time being in force, but subject to the provision of this Act, the Central Government may issue in writing such direction, as it deems fit, to the Commission or any person, officer or authority authorised by the Commission, and the Commission, person, or authority, as the case may be, shall be bound to comply with such direction. **21. Power of Central Government to call for information.—The Central Government may, from** time to time, call for such information and reports from the Commission, as it deems fit and the Commission shall be bound to provide such information and report. **22. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit, proceeding or** dispute pertaining to or arising out of the actions taken or directions issued by the Commission in respect of any matter which the Commission is empowered by or under this Act. **23. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the** Central Government, the Commission, or any Member thereof, or any person acting under the direction of either the Central Government or the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or any order made thereunder. **24. Members and officers to be public servants.—Every Member of the Commission and every** officer appointed or authorised by the Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). **25. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the other Associate Members under clause (h) of sub-section (3) of section 3; (b) the manner of removal of Chairperson or a Member under sub-section (2) of section 5; (c) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members under sub-section (1) of section 8; (d) the allowance payable to the members, other than ex officio members of the Sub-Committees, under sub-section (6) of section 11; (e) the appointment of officers and other staff under sub-section (7) of section 11; (f) the salaries, allowances and conditions of service of the officers and other staff under sub-section (9) of section 11; (g) the manner of taking samples under clause (a) and the form of notice under sub-clause (i) of clause (c), of sub-section (4) of section 12; 12 ----- (h) the rate at which, and the manner in which, the environmental compensation shall be imposed and collected under section 15; (i) the form in which annual statement of accounts shall be prepared under sub-section (1) of section 17; (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **26. Power of Commission to make regulations.---(1) Subject to the provisions of this Act and the** rules made thereunder, the Commission may, with the previous approval of the Central Government, by notification, make regulations to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the procedure to be followed by the Commission under sub-section (2) of section 10; (b) the conditions and limitations subject to which power may be delegated by the Commission under sub-section (4) of section 10; (c) the members of each Sub-Committee under sub-sections (2), (3) and (4) of section 11; (d) the form and the manner of furnishing annual report under section 13; (e) any other matter which has to be, or may be, specified by regulations. (3) Every regulation made by the Commission under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. **27. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **28. Act to have overriding effect.---(1) The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in any other law for the time being in force, any document, judgment, order, bye-law, rule, regulation, notification having the force of law in the territory of India. (2) Notwithstanding anything contained in any other law for the time being in force or any judgment or any order of any Court and subject to the provisions of this Act, upon the notification of the constitution of the Commission under section 3, no other individual or body or authority constituted either under a law enacted by Parliament, or by a State, or appointed or nominated in terms of any judicial order, shall act upon or have jurisdiction in relation to the matters covered by this Act. 13 ----- **29. Repeal and savings of order constituting Environment Pollution (Prevention and Control)** **Authority for National Capital Region.—(1) The Order made under section 3 of the Environment** (Protection) Act, 1986 (29 of 1986) constituting the Environment Pollution (Prevention and Control) Authority for the National Capital Region _vide notification number S.O. 93(E), dated the 29th January,_ 1998 is hereby repealed and the Environment Pollution (Prevention and Control) Authority for the National Capital Region is hereby dissolved. (2) Notwithstanding such repeal, anything done or any action taken by the Environment Pollution (Prevention and Control) Authority for the National Capital Region under the said Order, shall be deemed to have been done or taken under the corresponding provisions of this Act. **30. Savings.—Notwithstanding the cessation of the Commission for Air Quality Management in** National Capital Region and Adjoining Areas Ordinance, 2020 (Ord. 13 of 2020), anything done or any action taken under the Ordinance so ceased, shall be deemed to have been done or taken under the corresponding provisions of this Act. **31. Repeal and savings.—(1) The Commission for Air Quality Management in National Capital** Region and Adjoining Areas Ordinance, 2021 (Ord. 4 of 2021) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021 (Ord. 4 of 2021) shall be deemed to have been done or taken under the corresponding provisions of this Act. 14 -----

13-Aug-2021

33

The Tribunals Reforms Act, 2021

https://www.indiacode.nic.in/bitstream/123456789/16901/1/AA2021__33tri.pdf

central

THE TRIBUNALS REFORMS ACT, 2021 _______________ ARRANGEMENT OF SECTIONS Last Updated: 20-9-2021 ______________ # CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement 2. Definitions. # CHAPTER II CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL 3. Qualifications, appointment, etc., of Chairperson and Members of Tribunal. 4. Removal of Chairperson or Member of Tribunal. 5. Term of office of Chairperson and Member of Tribunal. 6. Eligibility for re-appointment. 7. Salary and allowances. CHAPTER III AMENDMENT OF THE INDUSTRIAL DISPUTES ACT, 1947 8. Amendment of Act 14 of 1947. CHAPTER IV AMENDMENTS TO THE CINEMATOGRAPH ACT, 1952 9. Amendment of Act 37 of 1952. CHAPTER V AMENDMENTS TO THE COPYRIGHT ACT, 1957 10. Amendment of Act 14 of 1957. CHAPTER VI AMENDMENT TO THE INCOME-TAX ACT, 1961 11. Amendment of Act 43 of 1961. 1 ----- CHAPTER VII AMENDMENTS TO THE CUSTOMS ACT, 1962 # SECTIONS 12. Amendment of Act 52 of 1962. CHAPTER VIII AMENDMENTS TO THE PATENTS ACT, 1970 13. Amendment of Act 39 of 1970. CHAPTER IX AMENDMENT TO THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976 14. Amendment of Act 13 of 1976. CHAPTER X AMENDMENT TO THE ADMINISTRATIVE TRIBUNALS ACT, 1985 15. Amendment of Act 13 of 1985. CHAPTER XI AMENDMENT TO THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 16. Amendment of Act 54 of 1987. CHAPTER XII AMENDMENT TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 17. Amendment of Act 15 of 1992. CHAPTER XIII AMENDMENT TO THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 18. Amendment of Act 51 of 1993. CHAPTER XIV AMENDMENTS TO THE AIRPORTS AUTHORITY OF INDIA ACT, 1994 19. Amendment of Act 55 of 1994. 2 ----- CHAPTER XV AMENDMENT TO THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 # SECTIONS 20. Amendment of Act 24 of 1997. CHAPTER XVI AMENDMENTS TO THE TRADE MARKS ACT, 1999 21. Amendment of Act 47 of 1999. CHAPTER XVII AMENDMENTS TO THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 22. Amendment of Act 48 of 1999. CHAPTER XVIII AMENDMENTS TO THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001 23. Amendment of Act 53 of 2001. CHAPTER XIX AMENDMENTS TO THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002 24. Amendment of Act 13 of 2003. CHAPTER XX AMENDMENT TO THE ELECTRICITY ACT, 2003 25. Amendment of Act 36 of 2003. CHAPTER XXI AMENDMENT TO THE ARMED FORCE TRIBUNAL ACT, 2007 26. Amendment of Act 55 of 2007. CHAPTER XXII AMENDMENT TO THE NATIONAL GREEN TRIBUNAL ACT, 2010 27. Amendment of Act 19 of 2010. 3 ----- CHAPTER XXIII AMENDMENT TO THE COMPANIES ACT, 2013 # SECTIONS 28. Amendment of Act 18 of 2013. CHAPTER XXIV AMENDMENT TO THE FINANCE ACT, 2017 29. Amendment of Act 7 of 2017. CHAPTER XXV AMENDMENT TO THE CONSUMER PROTECTION ACT, 2019 30. Amendment of Act 35 of 2019. CHAPTER XXVI MISCELLANEOUS 31. Power to amend the Schedule. 32. Rules to be laid before Parliament. 33. Transitional provisions. 34. Power to remove difficulties. 35. Repeal and saving. THE FIRST SCHEDULE THE SECOND SCHEDULE 4 ----- THE TRIBUNALS REFORMS ACT, 2021 ACT NO. 33 OF 2021 [13th August, 2021.] # An Act further to amend the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers' Rights Act, 2001 and certain other Acts. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Tribunals Reforms Act, 2021.** (2) It shall be deemed to have come into force on the 4th April, 2021. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Chairperson” includes Chairperson, Chairman, President and Presiding Officer of a Tribunal; (b) “Member” includes Vice-Chairman, Vice-Chairperson, Vice-President, Account Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member and Technical Member of a Tribunal; (c) “notified date” means the 4th April, 2021; (d) “Schedule” means the Schedule appended to this Act; (e) “Tribunal” means a Tribunal, Appellate Tribunal or Authority as specified in column (2) of the First Schedule. CHAPTER II CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL **3. Qualifications, appointment, etc., of Chairperson and Members of Tribunal.—(1)** Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, the Central Government may, by notification in the Official Gazette, make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal and other conditions of service of the Chairperson and Member of a Tribunal after taking into consideration the experience, specialisation in the relevant field and the provisions of this Act: Provided that a person who has not completed the age of fifty years shall not be eligible for appointment as a Chairperson or Member. (2) The Chairperson and the Member of a Tribunal shall be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee constituted under sub-section (3), in such manner as the Central Government may, by rules, provide. 5 ----- (3) The Search-cum-Selection Committee, except for the State Administrative Tribunal, shall consist of— (a) a Chairperson, who shall be the Chief Justice of India or a Judge of Supreme Court nominated by him; (b) two Members, who are Secretaries to the Government of India to be nominated by that Government; (c) one Member, who — (i) in case of appointment of a Chairperson of a Tribunal, shall be the outgoing Chairperson of that Tribunal; or (ii) in case of appointment of a Member of a Tribunal, shall be the sitting Chairperson of that Tribunal; or (iii) in case of the Chairperson of the Tribunal seeking re-appointment, shall be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court, to be nominated by the Chief Justice of India: Provided that in the following cases, such Member shall always be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court, to be nominated by the Chief Justice of India, namely:— (i) Industrial Tribunal constituted by the Central Government under the Industrial Disputes Act, 1947 (14 of 1947); (ii) Debt Recovery Tribunal and Debt Recovery Appellate Tribunal established under the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993); (iii) where the Chairperson or the outgoing Chairperson, as the case may be, of a Tribunal is not a retired Judge of the Supreme Court or a retired Chief Justice or Judge of a High Court; and (iv) such other Tribunals as may be notified by the Central Government, in consultation with the Chairperson of the Search-cum Selection Committee of that Tribunal; and (d) the Secretary to the Government of India in the Ministry or Department under which the Tribunal is constituted or established—Member-Secretary: Provided that the Search-cum-Selection Committee for a State Administrative Tribunal shall consist of— (a) the Chief Justice of the High Court of the concerned State—Chairman; (b) the Chief Secretary of the concerned State Government—Member; (c) the Chairman of the Public Service Commission of the concerned State—Member; (d) one Member, who— 6 ----- (i) in case of appointment of a Chairman of the Tribunal, shall be the outgoing Chairman of the Tribunal; or (ii) in case of appointment of a Member of the Tribunal, shall be the sitting Chairman of the Tribunal; or (iii) in case of the Chairman of the Tribunal seeking re-appointment, shall be a retired Judge of a High Court nominated by the Chief Justice of the High Court of the concerned State: Provided that such Member shall always be a retired Judge of a High Court nominated by the Chief Justice of the High Court of the concerned State, if the Chairperson or the outgoing Chairperson of the State Administrative Tribunal, as the case may be, is not a retired Chief Justice or Judge of a High Court; (e) the Secretary or the Principal Secretary of the General Administrative Department of the concerned State—Member-Secretary. (4) The Chairperson of the Search-cum-Selection Committee shall have the casting vote. (5) The Member-Secretary of the Search-cum-Selection Committee shall not have any vote. (6) The Search-cum-Selection Committee shall determine the procedure for making its recommendations. (7) Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, the Search-cum-Selection Committee shall recommend a panel of two names for appointment to the post of Chairperson or Member, as the case may be, and the Central Government shall take a decision on the recommendations made by that Committee, preferably within three months from the date of such recommendation. (8) No appointment shall be invalid merely by reason of any vacancy or absence of a Member in the Search-cum-Selection Committee. **4. Removal of Chairperson or Member of Tribunal.—The Central Government shall, on the** recommendation of the Committee, remove from office, in such manner as may be provided by rules, any Chairperson or a Member, who— (a) has been adjudged as an insolvent; or (b) has been convicted of an offence which involves moral turpitude; or (c) has become physically or mentally incapable of acting as such Chairperson or Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest: 7 ----- Provided that where the Chairperson or Member is proposed to be removed on any ground specified in clauses (c) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges. **5. Term of office of Chairperson and Member of Tribunal.—Notwithstanding anything contained** in any judgment, order or decree of any court, or in any law for the time being in force,— (i) the Chairperson of a Tribunal shall hold office for a term of four years or till he attains the age of seventy years, whichever is earlier; (ii) the Member of a Tribunal shall hold office for a term of four years or till he attains the age of sixty-seven years, whichever is earlier: Provided that where a Chairperson or Member is appointed between the 26th day of May, 2017 and the notified date, and the term of his office or the age of retirement specified in the order of appointment issued by the Central Government is greater than that which is specified in this section, then, notwithstanding anything contained in this section, the term of office or age of retirement or both, as the case may be, of the Chairperson or Member shall be as specified in his order of appointment, subject to a maximum term of office of five years. **6. Eligibility for re-appointment.—(1) The Chairperson and Member of a Tribunal shall be eligible** for re-appointment in accordance with the provisions of this Act: Provided that, in making such re-appointment, preference shall be given to the service rendered by such person. (2) All re-appointments shall be made in the same manner as provided in sub-section (2) of section 3. **7. Salary and allowances.—(1) Notwithstanding anything contained in any judgment, order or** decree of any court, or in any law for the time being in force, and without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for the salary of the Chairperson and Member of a Tribunal and they shall be paid allowances and benefits to the extent as are admissible to a Central Government officer holding the post carrying the same pay: Provided that, if the Chairperson or Member takes a house on rent, he may be reimbursed a house rent higher than the house rent allowance as are admissible to a Central Government officer holding the post carrying the same pay, subject to such limitations and conditions as may be provided by rules. (2) Neither the salary and allowances nor the other terms and conditions of service of the Chairperson or Member of the Tribunal may be varied to his disadvantage after his appointment. CHAPTER III AMENDMENT TO THE INDUSTRIAL DISPUTES ACT, 1947 **8. Amendment of Act 14 of 1947.—In section 7D of the Industrial Disputes Act, 1947, for the words** and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, be governed by the provisions of Chapter II of the said Act” shall be substituted. 8 ----- CHAPTER IV AMENDMENTS TO THE CINEMATOGRAPH ACT, 1952 **9. Amendment of Act 37 of 1952.—In the Cinematograph Act, 1952,—** (a) in section 2, clause (h) shall be omitted; (b) in section 5C,— (i) for the word “Tribunal”, at both the places where it occurs, the words “High Court” shall be substituted; (ii) sub-section (2) shall be omitted; (c) sections 5D and 5DD shall be omitted; (d) in section 6, the words and brackets “or, as the case may be, decided by the Tribunal (but not including any proceeding in respect of any matter which is pending before the Tribunal)” shall be omitted; (e) in sections 7A and 7C, for the word “Tribunal”, wherever it occurs, the words “High Court” shall be substituted; (f) in sections 7D, 7E and 7F, the words “the Tribunal,”, wherever they occur, shall be omitted; (g) in section 8, in sub-section (2), clauses (h), (i), (j) and (k) shall be omitted. CHAPTER V AMENDMENTS TO THE COPYRIGHT ACT, 1957 **10. Amendment of Act 14 of 1957.—In the Copyright Act, 1957,—** (a) in section 2,— (i) clause (aa) shall be omitted; (ii) clause (fa) shall be re-lettered as clause (faa) and before the clause (faa) as so re-lettered, the following clause shall be inserted, namely:— '(fa) “Commercial Court”, for the purposes of any State, means a Commercial Court constituted under section 3, or the Commercial Division of a High Court constituted under section 4, of the Commercial Courts Act, 2015 (4 of 2016);'; (iii) for clause (u), the following clause shall be substituted, namely:— '(u) “prescribed” means,— (i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and (ii) in other cases, prescribed by rules made under this Act;'; (b) in section 6,— 9 ----- (i) for the words “Appellate Board”, wherever they occur, the words “Commercial Court” shall be substituted; (ii) the words and figures “constituted under section 11 whose decision thereon shall be final” shall be omitted; (c) in Chapter II, in the Chapter heading, the words “AND APPELLATE BOARD” shall be omitted; (d) sections 11 and 12 shall be omitted; (e) in sections 19A, 23, 31, 31A, 31B, 31C, 31D, 32, 32A and 33A, for the words “Appellate Board”, wherever they occur, the words “Commercial Court” shall be substituted; (f) in section 50, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (g) in section 53A,— (i) for the words “Appellate Board”, wherever they occur, the words “Commercial Court” shall be substituted; (ii) in sub-section (2), the words “and the decision of the Appellate Board in this behalf shall be final” shall be omitted; (h) in section 54, for the words “Appellate Board”, the words “Commercial Court” shall be substituted; (i) for section 72, the following section shall be substituted, namely:— **72. Appeals against orders of Registrar of Copyrights.—(1) Any person aggrieved by any** final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the High Court. (2) Every such appeal shall be heard by a single Judge of the High Court: Provided that any such Judge may, if he so thinks fit, refer the appeal at any stage of the proceeding to a Bench of the High Court. (3) Where an appeal is heard by a single Judge, a further appeal shall lie to a Bench of the High Court within three months from the date of decision or order of the single Judge. (4) In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded.”; (j) in sections 74 and 75, the words “and the Appellate Board”, wherever they occur, shall be omitted; (k) in section 77, the words “and every member of the Appellate Board” shall be omitted; (l) in section 78, in sub-section (2),— 10 ----- (i) clauses (cA) and (ccB) shall be omitted; (ii) in clause (f), the words “and the Appellate Board” shall be omitted. CHAPTER VI AMENDMENT TO THE INCOME-TAX ACT, 1961 **11. Amendment of Act 43 of 1961.—In section 252A of the Income-tax Act, 1961, for the words and** figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER VII AMENDMENTS TO THE CUSTOMS ACT, 1962 **12. Amendment of Act 52 of 1962.—In the Customs Act, 1962,—** (a) in section 28E, clauses (ba), (f) and (g) shall be omitted; (b) in section 28EA, the proviso shall be omitted; (c) in section 28F, sub-section (1) shall be omitted; (d) in section 28KA,— (i) in sub-section (1), for the words “Appellate Authority”, at both the places where they occur, the words “High Court” shall be substituted; (ii) sub-section (2) shall be omitted; (e) in section 28L, the words “or Appellate Authority”, wherever they occur, shall be omitted; (f) in section 28M,— (i) in the marginal heading, the words “and Appellate Authority” shall be omitted; (ii) sub-section (2) shall be omitted; (g) in section 129, in sub-section (7), for the words and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER VIII AMENDMENTS TO THE PATENTS ACT, 1970 **13. Amendment of Act 39 of 1970.—In the Patents Act, 1970,—** (a) in section 2, in sub-section (1),— (i) clause (a) shall be omitted; 11 ----- (ii) in clause (u), sub-clause (B) shall be omitted; (b) in section 52, the words “Appellate Board or”, wherever they occur, shall be omitted; (c) in section 58,— (i) the words “the Appellate Board or”, wherever they occur, shall be omitted; (ii) the words “as the case may be” shall be omitted; (d) in section 59, the words “the Appellate Board or” shall be omitted; (e) in section 64, in sub-section (1), the words “by the Appellate Board” shall be omitted; (f) in section 71, for the words “Appellate Board” and “Board”, wherever they occur, the words “High Court” shall be substituted; (g) in section 76, the words “or Appellate Board” shall be omitted; (h) in section 113,— (i) in sub-section (1),— (A) the words “the Appellate Board or”, wherever they occur, shall be omitted; (B) the words “as the case may be” shall be omitted; (ii) in sub-section (3), the words “or the Appellate Board” shall be omitted; (i) in Chapter XIX, for the Chapter heading, the Chapter heading “APPEALS” shall be substituted; (j) sections 116 and 117 shall be omitted; (k) in section 117A, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (l) sections 117B, 117C and 117D shall be omitted; (m) in section 117E, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (n) sections 117F, 117G and 117H shall be omitted; (o) in section 151,— (i) in sub-section (1), the words “or the Appellate Board”, at both the places where they occur, shall be omitted; (ii) in sub-section (3), for the words “the Appellate Board or the courts, as the case may be”, the words “the courts” shall be substituted; (p) in section 159, in sub-section (2), clauses (xiia), (xiib) and (xiic) shall be omitted. 12 ----- CHAPTER IX AMENDMENT TO THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976 **14. Amendment of Act 13 of 1976.—In section 12A of the Smugglers and Foreign Exchange** Manipulators (Forfeiture of Property) Act, 1976, for the words and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER X AMENDMENT TO THE ADMINISTRATIVE TRIBUNALS ACT, 1985 **15. Amendment of Act 13 of 1985.—In section 10B of the Administrative Tribunals Act, 1985, for** the words and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER XI AMENDMENT TO THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 **16. Amendment of Act 54 of 1987.—In section 9A of the Railway Claims Tribunal Act, 1987, for** the words and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER XII AMENDMENT TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 **17. Amendment of Act 15 of 1992.—In section 15QA of the Securities and Exchange Board of India** Act, 1992, for the words and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER XIII AMENDMENT TO THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 **18. Amendment of Act 51 of 1993.—In the Recovery of Debts and Bankruptcy Act, 1993,—** (a) in section 6A, for the words and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted; (b) in section 15A, for the words and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures 13 ----- “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER XIV AMENDMENTS TO THE AIRPORTS AUTHORITY OF INDIA ACT, 1994 **19. Amendment of Act 55 of 1994.—In the Airports Authority of India Act, 1994,—** (a) in section 28A, clause (e) shall be omitted; (b) in section 28E, for the word “Tribunal”, at both the places where it occurs, the words “Central Government” shall be substituted; (c) sections 28-I, 28J and 28JA shall be omitted; (d) in section 28K,— (i) in sub-section (1),— (A) for the words “Tribunal in such form as may be prescribed”, the words “High Court” shall be substituted; (B) in the proviso, for the word “Tribunal”, the words “High Court” shall be substituted; (ii) sub-sections (2), (3), (4) and (5) shall be omitted; (e) section 28L shall be omitted; (f) in section 28M, the words “or the Tribunal” shall be omitted; (g) in section 28N, in sub-section (2), for the word “Tribunal”, the words “High Court” shall be substituted; (h) in section 33, the words “or the Chairperson of the Tribunal” shall be omitted; (i) in section 41, in sub-section (2), clauses (gvi), (gvii), (gviii) and (gix) shall be omitted. CHAPTER XV AMENDMENT TO THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 **20. Amendment of Act 24 of 1997.—In section 14GA of the Telecom Regulatory Authority of India** Act, 1997, for the words and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER XVI AMENDMENTS TO THE TRADE MARKS ACT, 1999 **21. Amendment of Act 47 of 1999.—In the Trade Marks Act, 1999,—** (a) in section 2, in sub-section (1),— 14 ----- (i) clauses (a), (d), (f), (k), (n), (ze) and (zf) shall be omitted; (ii) for clause (s), the following clause shall be substituted, namely:— '(s) “prescribed” means,— (i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and (ii) in other cases, prescribed by rules made under this Act;'; (b) in section 10, for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted; (c) in section 26, for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted; (d) in section 46, in sub-section (3), for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted; (e) in section 47,— (i) for the words “Appellate Board”, at both the places where they occur, the words “High Court” shall be substituted; (ii) for the word “tribunal”, wherever it occurs, the words “Registrar or the High Court, as the case may be,” shall be substituted; (f) in section 55, in sub-section (1), for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted; (g) in section 57,— (i) for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (ii) for the word “tribunal”, wherever it occurs, the words “Registrar or the High Court, as the case may be,” shall be substituted; (h) in section 71, in sub-section (3), for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted; (i) in Chapter XI, for the Chapter heading, the Chapter heading “APPEALS” shall be substituted; (j) sections 83, 84, 85, 86, 87, 88, 89, 89A and 90 shall be omitted; (k) in section 91, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (l) sections 92 and 93 shall be omitted; (m) for section 94, the following section shall be substituted, namely:— 15 ----- “94. Bar to appear before Registrar.—On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members shall not appear before the Registrar.”; (n) sections 95 and 96 shall be omitted; (o) in section 97, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (p) in section 98, for the words “Appellate Board” or “Board”, wherever they occur, the words “High Court” shall be substituted; (q) sections 99 and 100 shall be omitted; (r) in section 113,— (i) for the words “Appellate Board”, at both the places where they occur, the words “High Court” shall be substituted; (ii) for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted; (s) in section 123, the words “and every Member of the Appellate Board” shall be omitted; (t) in sections 124 and 125, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (u) in section 130, the words “the Appellate Board or” shall be omitted; (v) in section 141, for the words “Appellate Board”, at both the places where they occur, the words “High Court” shall be substituted; (w) in section 144, for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted; (x) in section 157, in sub-section (2),— (i) clauses (xxxi) and (xxxii) shall be omitted; (ii) in clause (xxxiii), for the words “Appellate Board”, the words “High Court” shall be substituted. CHAPTER XVII AMENDMENTS TO THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 **22. Amendment of Act 48 of 1999.—In the Geographical Indications of Goods (Registration and** Protection) Act, 1999,— (a) in section 2, in sub-section (1), clauses (a) and (p) shall be omitted; (b) in section 19, for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted; 16 ----- (c) in section 23, for the words “and before the Appellate Board before which”, the words “before whom” shall be substituted; (d) in section 27,— (i) for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (ii) for the word “tribunal”, wherever it occurs, the words “Registrar or the High Court, as the case may be,” shall be substituted; (e) in Chapter VII, for the Chapter heading, the Chapter heading “APPEALS” shall be substituted; (f) in section 31,— (i) for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (ii) sub-section (3) shall be omitted; (g) sections 32 and 33 shall be omitted; (h) in sections 34 and 35, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (i) section 36 shall be omitted; (j) in section 48,— (i) for the words “Appellate Board”, at both the places where they occur, the words “High Court” shall be substituted; (ii) for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted; (k) in sections 57 and 58, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (l) in section 63, the words “the Appellate Board or” shall be omitted; (m) in section 72, for the words “Appellate Board”, wherever they occur, the words “High Court” shall be substituted; (n) in section 75, for the word “tribunal”, the words “Registrar or the High Court, as the case may be,” shall be substituted; (o) in section 87, in sub-section (2), clause (n) shall be omitted. 17 ----- CHAPTER XVIII AMENDMENTS TO THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 **23. Amendment of Act 53 of 2001.—In the Protection of Plant Varieties and Farmers' Rights Act,** 2001,— (a) in section 2,— (i) clauses (d), (n) and (o) shall be omitted; (ii) for clause (q), the following clause shall be substituted, namely:— '(q) “prescribed” means,— (i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and (ii) in other cases, prescribed by rules made under this Act;'; (iii) clauses (y) and (z) shall be omitted; (b) in section 44, the words “or the Tribunal” shall be omitted; (c) in Chapter VIII, for the Chapter heading, the Chapter heading “APPEALS” shall be substituted; (d) sections 54 and 55 shall be omitted; (e) in section 56,— (i) for the word “Tribunal”, wherever it occurs, the words “High Court” shall be substituted; (ii) sub-section (3) shall be omitted; (f) in section 57,— (i) for the word “Tribunal”, wherever it occurs, the words “High Court” shall be substituted; (ii) sub-section (5) shall be omitted; (g) sections 58 and 59 shall be omitted; (h) in section 89, the words “or the Tribunal” shall be omitted. CHAPTER XIX AMENDMENTS TO THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002 **24. Amendment of Act 13 of 2003.—In the Control of National Highways (Land and Traffic) Act,** 2002,— (a) in section 2,— (i) clause (a) shall be omitted; 18 ----- (ii) after clause (d), the following clause shall be inserted, namely:— '(da) “Court” means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction;'; (iii) clause (l) shall be omitted; (b) in Chapter II, in the Chapter heading, the words “AND TRIBUNALS, ETC.” shall be omitted; (c) section 5 shall be omitted; (d) for section 14, the following section shall be substituted, namely:— “14. An appeal from any order passed, or any action taken, excluding issuance or serving of notices, under sections 26, 27, 28, 36, 37 and 38 by the Highway Administration or an officer authorised on its behalf, as the case may be, shall lie to the Court.”; (e) sections 15 and 16 shall be omitted; (f) in section 17, for the word “Tribunal”, at both the places where it occurs, the word “Court” shall be substituted; (g) section 18 shall be omitted; (h) in section 19, for the word “Tribunal”, at both the places where it occurs, the word “Court” shall be substituted; (i) section 40 shall be omitted; (j) in section 41,— (i) the words “or every order passed or decision made on appeal under this Act by the Tribunal” shall be omitted; (ii) the words “or Tribunal” shall be omitted; (k) in section 50, in sub-section (2), clause (f) shall be omitted. CHAPTER XX AMENDMENT TO THE ELECTRICITY ACT, 2003 **25. Amendment of Act 36 of 2003.—In section 117A of the Electricity Act, 2003, for the words and** figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER XXI AMENDMENT TO THE ARMED FORCE TRIBUNAL ACT, 2007 **26. Amendment of Act 55 of 2007.—In section 9A of the Armed Force Tribunal Act, 2007, for the** words and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the 19 ----- provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER XXII AMENDMENT TO THE NATIONAL GREEN TRIBUNAL ACT, 2010 **27. Amendment of Act 19 of 2010.—In section 10A of the National Green Tribunal Act, 2010, for** the words and figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER XXIII AMENDMENT TO THE COMPANIES ACT, 2013 **28. Amendment of Act 18 of 2013.—In section 417A of the Companies Act, 2013, for the words and** figures “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act”, the words and figures “the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act” shall be substituted. CHAPTER XXIV AMENDMENT TO THE FINANCE ACT, 2017 **29. Amendment of Act 7 of 2017.—In the Finance Act, 2017, sections 183 and 184 and the Eighth** Schedule shall be omitted. CHAPTER XXV AMENDMENT TO THE CONSUMER PROTECTION ACT, 2019 **30. Amendment of Act 35 of 2019.—In section 55 of the Consumer Protection Act, 2019, after** sub-section (1), the following sub-section shall be inserted, namely:— “(1A) Notwithstanding anything contained in sub-section (1), the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the President and other members of the National Commission appointed after the commencement of the Tribunal Reforms Act, 2021, shall be governed by the provisions of the said Act.”. CHAPTER XXVI MISCELLANEOUS **31. Power to amend the Schedule.—(1) If the Central Government is satisfied that it is necessary or** expedient so to do, it may, by notification published in the Official Gazette, amend the Schedule and thereupon, the said Schedule shall be deemed to have been amended accordingly. (2) A copy of every notification issued under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is issued. 20 ----- **32. Rules to be laid before Parliament.—Every rule made under this Act shall be laid, as soon as** may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **33. Transitional provisions.—(1) Notwithstanding anything contained in any law for the time being** in force, any person appointed as the Chairperson or Chairman or President or Presiding Officer or Vice-Chairperson or Vice-Chairman or Vice-President or Member of the Tribunal, Appellate Tribunal, or, as the case may be, other Authorities specified in the Second Schedule and holding office as such immediately before the notified date, shall, on and from the notified date, cease to hold such office, and he shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of his office or of any contract of service. (2) The officers and other employees of the Tribunals, Appellate Tribunals and other Authorities specified in the Second Schedule appointed on deputation, before the notified date, shall, on and from the notified date, stand reverted to their parent cadre, Ministry or Department. (3) Any appeal, application or proceeding pending before the Tribunal, Appellate Tribunal or other Authorities specified in the Second Schedule, other than those pending before the Authority for Advance Rulings under the Income-tax Act, 1961 (43 of 1961), before the notified date, shall stand transferred to the court before which it would have been filed had this Act been in force on the date of filing of such appeal or application or initiation of the proceeding, and the court may proceed to deal with such cases from the stage at which it stood before such transfer, or from any earlier stage, or _de novo, as the court_ may deem fit. (4) The balance of all monies received by, or advanced to, the Tribunal, Appellate Tribunal or other Authorities specified in the Second Schedule and not spent by it before the notified date, shall, on and from the notified date, stand transferred to the Central Government. (5) All property of whatever kind owned by, or vested in, the Tribunal, Appellate Tribunal or other Authorities specified in the Second Schedule before the notified date, shall stand transferred to, on and from the notified date, and shall vest in the Central Government. **34. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by general or special order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the notified date. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 21 ----- **35. Repeal and saving.—(1) The Tribunals Reforms (Rationalisation and Conditions of Service)** Ordinance, 2021 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Cinematograph Act, 1952 (37 of 1952), the Copyright Act, 1957 (14 of 1957), the Customs Act, 1962 (52 of 1962), the Patents Act, 1970 (39 of 1970), the Airports Authority of India Act, 1994 (55 of 1994), the Trade Marks Act, 1999 (47 of 1999), the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), the Protection of Plant Varieties and Farmers' Rights Act, 2001 (53 of 2001) and the Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003), as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of those Acts, as amended by this Act. 22 ----- Sl. No. THE FIRST SCHEDULE [See section 2(e)] Tribunal/Appellate Tribunal/Board/Authority Acts (1) (2) (3) 1. Industrial Tribunal constituted by the Central Government The Industrial Disputes Act, 1947 (14 of 1947) 2. Income-tax Appellate Tribunal The Income-tax Act, 1961 (43 of 1961) 3. Customs, Excise and Service Tax Appellate Tribunal The Customs Act, 1962 (52 of 1962) 4. Appellate Tribunal The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976) 5. Central Administrative Tribunal The Administrative Tribunals Act, 1985 (13 of 1985) 6. State Administrative Tribunals The Administrative Tribunals Act, 1985 (13 of 1985) 7. Railway Claims Tribunal The Railway Claims Tribunal Act, 1987 (54 of 1987) 8. Securities Appellate Tribunal The Securities and Exchange Board of India Act, 1992 (15 of 1992) 9. Debts Recovery Tribunal The Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993) 10. Debts Recovery Appellate Tribunal The Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993) 11. Telecom Disputes Settlement and Appellate Tribunal The Telecom Regulatory Authority of India Act, 1997 (24 of 1997) 12. National Company Law Appellate Tribunal The Companies Act, 2013 (18 of 2013) 13. National Consumer Disputes Redressal Commission The Consumer Protection Act, 2019 (35 of 2019) 14. Appellate Tribunal for Electricity The Electricity Act, 2003 (36 of 23 ----- 2003) 15. Armed Forces Tribunal The Armed Forces Act, 2007 (55 of 2007) 16. National Green Tribunal The National Green Tribunal Act, 2010 (19 of 2010). 24 ----- THE SECOND SCHEDULE [See section 33] 1. Appellate Tribunal under Cinematograph Act, 1952 (37 of 1952). 2. Authority for Advance Rulings under Income-tax Act, 1961 (43 of 1961). 3. Airport Appellate Tribunal under Airports Authority of India Act, 1994 (55 of 1994). 4. Intellectual Property Appellate Board under Trade Marks Act, 1999 (47 of 1999). 5. Plant Varieties Protection Appellate Tribunal under Protection of Plant Varieties and Farmer’s Rights Act, 2001 (53 of 2001). __________ 25 -----

30-Nov-2021

40

The Farm Laws Repeal Act, 2021

https://www.indiacode.nic.in/bitstream/123456789/16976/1/a2021-40.pdf

central

THE FARM LAWS REPEAL ACT, 2021 _______________ ARRANGEMENT OF SECTIONS ______________ SECTIONS 1. Short title. 2. Repeal of Acts 20 of 2020, 21 of 2020 and 22 of 2020. 3. Amendment of Act 10 of 1955. 1 ----- # THE FARM LAWS REPEAL ACT, 2021 ACT NO. 40 OF 2021 [30th November, 2021.] # An Act to repeal the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, the Essential Commodities (Amendment) Act, 2020 and to amend the Essential Commodities Act, 1955. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— **1. Short title.— This Act may be called the Farm Laws Repeal Act, 2021.** **2.** **Repeal of Acts 20 of 2020, 21 of 2020 and 22 of 2020.— The Farmers (Empowerment and** Protection) Agreement on Price Assurance and Farm Services Act, 2020, the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 and the Essential Commodities (Amendment) Act, 2020 are hereby repealed. **3.** **Amendment of Act 10 of 1955. —In section 3 of the Essential Commodities Act, 1955,** sub-section (1A) shall be omitted. 2 -----

13-Dec-2021

41

The Dam Safety Act, 2021

https://www.indiacode.nic.in/bitstream/123456789/17002/1/A202141.pdf

central

# THE DAM SAFETY ACT, 2021 ______________ ARRANGEMENT OF SECTIONS ______________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Declaration as to expediency of Union control. 3. Application. 4. Definitions. CHAPTER II NATIONAL COMMITTEE ON DAM SAFETY 5. Constitution of National Committee.. 6. Functions of National Committee. 7. Meetings of National Committee. CHAPTER III NATIONAL DAM SAFETY AUTHORITY 8. Establishment of National Dam Safety Authority. 9. Functions of Authority. 10. Officers and Employees of Authority. CHAPTER IV STATE COMMITTEE ON DAM SAFETY 11. Constitution of State Committee on Dam Safety. 12. Functions of State Committee. 13. Meetings of State Committee. CHAPTER V STATE DAM SAFETY ORGANISATION 14. Establishment of State Dam Safety Organisation. 15. Officers and employees of State Dam Safety Organisation. CHAPTER VI DUTIES AND FUNCTIONING IN RELATION TO DAM SAFETY 16. Surveillance and inspection. 17. Vulnerability and hazard classification of dams. 18. Maintenance of log books. 19. Records of dam failures and dam incidents. 20. Instructions on safety of specified dams. 21. Funds for maintenance and repairs. 22. Technical documentation. 1 ----- SECTIONS 23. Qualifications and experience of individuals responsible for safety of specified dams. 24. Jurisdiction of State Dam Safety Organisation and Authority. 25. Cost of investigation. 26. Construction or alteration of dams. 27. Initial filling of reservoirs. 28. Operation and maintenance. 29. Responsibility of owner of specified dam. CHAPTER VII SAFETY, INSPECTION AND DATA COLLECTION 30. Dam safety unit. 31. Inspection. 32. Instrumentations to be installed in every specified dam. 33. Establishment of hydro-meteorological station. 34. Installations of seismological station. CHAPTER VIII EMEGENCY ACTION PLAN AND DISASTER MANAGEMENT 35. Obligation of owner of specified dam. 36. Emergency action plan. 37. Assistance to other disaster management authorities. CHAPTER IX COMPREHENSIVE DAM SAFETY EVALUTION 38. Comprehensive dam safety evaluation. 39. Compulsory evaluation in certain cases. 40. Reports of comprehensive evaluation. CHAPTER X OFFENCES AND PENALTIES 41. Punishment for obstruction, etc. 42. Offences by Departments of Government. 43. Offence by companies. 44. Cognizance of offences. CHAPTER XI MISCELLANEOUS 45. Annual report of safety status of specified dam. 46. Safety measures in respect of dams other than specified dams. 47. Safety measures in respect of dams located outside territory of India. 48. Act to have overriding effect. 49. Power to amend Schedules. 50. Power of Central Government to give directions. 51. Vacancies, etc., not to invalidate proceedings of National Committee on Dam Safety Authority and State Committee on Dam Safety. 2 ----- SECTIONS 52. Power of Central Government to make rules. 53. Power of State Government to make rules. 54. Power to make regulations by Authority. 55. Rules and regulations to be laid before Parliament. 56. Power to remove difficulties. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. 3 ----- # THE DAM SAFETY ACT, 2021 ACT NO. 41 OF 2021 [13th December, 2021.] # An Act to provide for surveillance, inspection, operation and maintenance of the specified dam for prevention of dam failure related disasters and to provide for institutional mechanism to ensure their safe functioning and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Dam Safety Act,** 2021. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration as to expediency of Union control.—It is hereby declared that it is expedient in the** public interest that the Union should take under its control the regulation of uniform dam safety procedure for specified dam to the extent hereinafter provided **3. Application.—Save as provided under this Act, it applies to the owner of every specified** dam, — (a) being a public sector undertaking or institution or a body owned or controlled by the Central Government or a State Government or jointly by one or more Governments, as the case may be; and (b) being an undertaking or company or institution or a body other than those owned or controlled by the State Government or the Central Government, as the case may be. **4. Definitions.—In this Act, unless the context otherwise requires, —** (a) "alteration of dam" means alterations or repairs as may directly affect the safety of the dam or reservoir; (b) "annual report" means a report giving the activities of the Authority and the State Dam Safety Organisation and the safety status of the specified dams falling under their jurisdiction during each financial year; (c) "appurtenant structure" means the structure being— (i) spillways, either in the dam or separate therefrom; (ii) low level outlet structure and water conduits such as tunnels, pipelines or penstocks, either through the dam or its abutments or reservoir rim; 1. 30[th] December, 2021, _vide notification No. S.O.5422(E), dated 30[th] December, 2021,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3 (ii). 4 ----- (iii) hydro-mechanical equipment including gate, valve, hoist, elevators; (iv) energy dissipation and river training structure; and (v) other associated structures acting integrally with the dam or its reservoir or reservoir rim; (d) "Authority" means the National Dam Safety Authority established under section 8; (e) "dam" means any artificial barrier and its appurtenant structure constructed across rivers or tributaries thereof with a view to impound or divert water which also include barrage, weir and similar water impounding structures but does not include— (a) canal, aquaduct, navigation channel and similar water conveyance structures; (b) flood embankment, dike, guide bund and similar flow regulation structures; (f) "dam failure" means any failure of the structure or operation of a dam which leads to uncontrolled flow of impounded water resulting in downstream flooding, affecting the life and property of the people and the environment including flora, fauna and riverine ecology. _Explanation.—For the purposes of this clause, failure in the operation shall mean such faulty_ operations of the dam which are inconsistent with the operation and maintenance manual; (g) "dam incident" means all such problems occurring to a dam that have not degraded into a dam failure, and includes— (i) any structural damage to the dam and the appurtenant structure; (ii) any unusual reading of any instrument in the dam; (iii) any unusual seepage or leakage through the dam body; (iv) any unusual change in the seepage or leakage regime; (v) any boiling or artesian condition noticed below the dam; (vi) any sudden stoppage or unusual reduction in seepage or leakage from the foundation or body of the dam or any of its galleries; (vii) any malfunction or inappropriate operation of gates; (viii) occurrence of flood, the peak of which exceeds the available flood discharge capacity of the dam or seventy per cent. of the approved design flood; (ix) occurrence of flood, which resulted in encroachment on the available freeboard, or the approved design freeboard; (x) any unusual erosion in the near vicinity up to five hundred metres downstream of the spillway or waste-weir; and (xi) any other occurrence which a prudent dam engineer may relate to dam safety concerns; (h) "dam safety unit" means a dam safety unit of any specified dam referred to in section 30; (i) "distress condition" means the occurrence or potential development of such conditions in the dam or appurtenance structure or its reservoir or reservoir rim, which if left unattended to, may impede the safe operation of dam for its intended benefits or may pose serious risks to the life and property of people and the environment including flora, fauna and riverine ecology; 5 ----- (j) "documentation" means all permanent records including electronic records concerning investigation, design, construction, operation, performance, maintenance, major repair, alteration, enlargement and safety of dams and includes design memorandum, construction drawings, geological reports, reports of specialised studies simulating structural and hydraulic response of the dam, changes made in design and drawings, quality control records, emergency action plan, operation and maintenance manual, instrumentation readings, inspection and testing reports, operational reports, and dam safety review reports and other similar reports; (k) "enlargement of dam" means any change in the scope of an existing dam or reservoir, which raises water storage elevation or increases the volume of water impounded by the dam; (l) "Government" means the Central Government or a State Government, as the case may be; (m) "inspection" means on-site examination of any component of a dam and its appurtenant structure; (n) "investigation" means collection of evidence, detailed examination, analysis or scrutiny of a specific problem pertaining to the dam and its appurtenant or a part thereof and includes laboratory testing, in-situ testing, geological exploration, model testing and mathematical simulation of the problem; (o) "National Committee" means the National Committee on Dam Safety constituted under section 5; (p) "notification" means a notification published in the Official Gazette and the term "notify" shall be construed accordingly; (q) "operation of dam" means elements of the use, control and functioning of the dam which may primarily affect the storage, release of water and the structural safety of the dam; (r) "operation and maintenance manual" means the written instructions that provide operation procedures, maintenance procedures, emergency procedures and any other features necessary for the safe operation of dam; (s) "owner of specified dam" means the Central Government or a State Government or jointly by one or more Governments or public sector undertaking or local authority or company and any or all of such persons or organisations, who own, control, operate, or maintain a specified dam; (t) "prescribed" means prescribed by rules made by the Central Government or, as the case may be, by the State Government; (u) "regulations" means the regulations made by the Authority under this Act; (v) "remedial measures" means such structural or non-structural measures, as may be required in relation to the specified dam or appurtenant structure or reservoir or reservoir rim or catchment area of reservoir for the purpose of removing or mitigating the distress condition of the specified dam; (w) "reservoir" in relation to a dam shall mean any spread of water impounded by a specified dam; (x) "specified dam" means a dam constructed before or after the commencement of this Act, which is, — 6 ----- (i) above fifteen metres in height, measured from the lowest portion of the general foundation area to the top of dam; or (ii) between ten metres to fifteen metres in height and satisfies at least one of the following, namely: — (A) the length of crest is not less than five hundred metres; or (B) the capacity of the reservoir formed by the dam is not less than one million cubic metres; or (C) the maximum flood discharge dealt with by the dam is not less than two thousand cubic metres per second; or (D) the dam has specially difficult foundation problems; or (E) the dam is of unusual design; (y) "State Committee" means the State Committee on Dam Safety constituted under sub-section (1) of section 11; (z) "State Dam Safety Organisation" means the State Dam Safety Organisation established under section 14; and (za) "vulnerability and hazard classification" means the system or systems of classifying dams on the basis of their condition, location, damage or hazard potential. CHAPTER II NATIONAL COMMITTEE ON DAM SAFETY **5. Constitution of National Committee.—(1) With effect from such date as the Central** Government may, by notification, appoint, there shall be constituted, for the purposes of this Act, a National Committee to be known as the National Committee on Dam Safety consisting of the following members, namely: — (a) the Chairman, Central Water Commission—Chairperson, ex officio; (b) not exceeding ten representatives of the Central Government not below the rank of Joint Secretary to that Government or equivalent dealing with matters relating to dam engineering or dam safety, nominated by the Central Government—Members, ex officio; (c) not exceeding seven representatives of the State Governments of the level of Engineer-in Chief or equivalent by rotation, nominated by the Central Government—Members, ex officio; and (d) not exceeding three specialists in the field of dam safety and allied fields nominated by the Central Government—Members. (2) The National Committee shall be constituted within a period of sixty days from the date of commencement of this Act, and shall be reconstituted for every three years thereafter. **6. Functions of National Committee.—(1) The National Committee shall discharge such** functions as specified in the First Schedule as may be necessary to prevent dam failure related disasters and to maintain standards of dam safety. (2) The National Committee may, in discharge of its functions, constitute such sub-committees as it may consider necessary to assist it and the secretarial assistance to the National Committee and the sub-committees shall be provided by the Authority. 7 ----- (3) The knowledge and information collected or generated by the National Committee shall be disseminated to all stakeholders by the Authority. **7. Meetings of National Committee.—(1) The National Committee shall meet at such times and** places and shall observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed by the Central Government: Provided that the National Committee shall meet twice in a year and one meeting shall be held before the onset of the monsoon season. (2) The National Committee may invite the representative of the owner of any specified dam and such other experts in dam safety (including international experts) as it may consider appropriate for the discharge of its functions. (3) The expenditure incurred on the National Committee shall be in such manner as may be prescribed by the Central Government. CHAPTER III NATIONAL DAM SAFETY AUTHORITY **8. Establishment of National Dam Safety Authority.—(1) With effect from such date as the** Central Government may by notification, appoint, there shall be established for the purposes of this Act, a National Dam Safety Authority, within a period of sixty days from the date of commencement of this Act. (2) The Authority shall be headed by an officer not below the rank of Additional Secretary to the Government of India or equivalent to be appointed by the Central Government who have knowledge of, and adequate qualification, experience and capacity in, dealing with problems relating to the dam engineering and dam safety management. (3) The headquarters of the Authority shall be at the National Capital territory of Delhi and the Authority may establish offices at other places in India. (4) The Authority shall comply with such directions as may, from time to time, be given to it by the Central Government. **9. Functions of Authority.—(1) The Authority shall discharge such functions as specified in the** Second Schedule as may be necessary to implement the policy, guidelines and standards evolved by the National Committee for proper surveillance, inspection and maintenance of specified dams and for such purposes, it shall have the power to enforce the attendance of any person and call for any information as may be necessary. (2) Without prejudice to the provisions contained in sub-section (1), the Authority shall make all endeavours to resolve any issue between the State Dam Safety Organisations of States or between a State Dam Safety Organisation and any owner of a specified dam in that State. (3) Every decision of the Authority taken in respect of matters under this Act shall be final and binding upon all the parties to the issue. **10. Officers and Employees of Authority.—(1) The Central Government shall, for the purpose of** enabling the Authority to perform functions under this Act, provide such number of officers and other employees as it may consider necessary: 8 ----- Provided that the officers and other employees shall have such qualifications and experience in the field of dam safety including dam-design, hydro-mechanical engineering, hydrology, geo-technical investigation, instrumentation, dam-rehabilitation or such other fields as may be prescribed by the Central Government. (2) The functions, powers, terms and conditions of service of the officers and other employees appointed under sub-section (1) shall be such as may be prescribed by the Central Government. CHAPTER IV STATE COMMITTEE ON DAM SAFETY **11. Constitution of State Committee on Dam Safety.—(1) With effect from such date as the** State Government may, by notification, appoint, there shall be constituted, for the purposes of this Act, a State Committee on Dam Safety consisting of the following members, namely:— (a) the Engineer-in-Chief or equivalent officer of the Department of the State responsible for Dam Safety—Chairperson, ex officio; (b) technical and scientific officers of the rank of Chief Engineer, not exceeding six persons, from such Departments as may be decided by the State Government or from such other organisations owing specified dams—Members; (c) the Chief Engineer or equivalent level officer of each such upstream States in cases where reservoir area of any of the specified dam of the State extends to another State—Members; (d) the Chief Engineer or equivalent level officer of each such downstream State in cases where flood release of any of the specified dam of the State flows to a neighbouring State—Members; (e) one representative of the Central Water Commission not below the rank of Director to be nominated by the Chairman, Central Water Commission—Member; (f) experts in the field of hydrology or dam designs, not exceeding three, from engineering institutes--Members; and (g) one representative of the Central Electricity Authority not below the rank of Director to be nominated by the Chairman, Central Electricity Authority—Member. (2) The State Committee shall be constituted within a period of hundred and eighty days from the date of commencement of this Act, and reconstituted for every three years thereafter. **12. Functions of State Committee.—(1) The State Committee shall discharge such functions as** specified in the Third Schedule as may be necessary to prevent dam failure related disasters under this Act as per guidelines, standards and other directions on dam safety issued by the Authority. (2) The State Committee, in discharge of its functions, shall be assisted by such sub-committees as it may consider necessary, and the secretarial assistance to the State Committee as well as its subcommittees shall be provided by the concerned State Dam Safety Organisation. **13. Meetings of State Committee.—(1) The State Committee shall meet at such times and places** and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the State Government: Provided that the State Committee shall meet twice in a year and one meeting shall be held before the onset of the monsoon season. 9 ----- (2) The State Committee may invite the representative of the owner of any specified dam and such other experts in Dam Safety as it may consider appropriate, for the discharge of its functions. (3) The expenditure incurred on the meetings of the State Committee shall be in the manner as may be prescribed by the State Government. (4) The specialist members and other expert invitees who attend the meetings of the State Committee or its sub-committees shall be paid such fees and allowances as may be prescribed by the State Government. CHAPTER V STATE DAM SAFETY ORGANISATION **14. Establishment of State Dam Safety Organisation.—(1) The State Government shall, for the** purposes of this Act, by notification, establish in the Department dealing with dam safety, a separate organisation, to be known as the State Dam Safety Organisation, within a period of hundred and eighty days from the date of commencement of this Act: Provided that in States having more than thirty specified dams, the State Dam Safety Organisation shall be headed by an officer not below the rank of Chief Engineer or equivalent, and in all other cases, the State Dam Safety Organisation shall be headed by an officer not below the rank of Superintendent Engineer or equivalent. (2) The State Dam Safety Organisation shall be responsible to, and report to, the technical head of the Department dealing with Dam Safety. (3) The organisational structure and work procedures of the State Dam Safety Organisation shall be such as may be prescribed by the State Government. (4) The administrative and other expenses of the State Dam Safety Organisation shall be borne by the respective State Government. **15. Officers and employees of State Dam Safety Organisation.—(1) The State Government** shall, having regard to the number of specified dams in that State, provide such number of officers and employees to the State Dam Safety Organisation as it may consider necessary for the efficient functioning of the said Organisation: Provided that the officers and employees shall have such qualifications and experience in the field of dam safety including dam-design, hydro-mechanical engineering, hydrology, geo-technical investigation, instrumentation, dam-rehabilitation or such other field as may be prescribed by the State Government. (2) The functions and powers of the officers and employees appointed under sub-section (1) shall be such as may be prescribed by the State Government. CHAPTER VI DUTIES AND FUNCTIONING IN RELATION TO DAM SAFETY **16. Surveillance and inspection.—(1) Every State Dam Safety Organisation shall, —** (a) keep perpetual surveillance; (b) carry out inspections; and (c) monitor the operation and maintenance, 10 ----- of all specified dams falling under their jurisdiction to ensure continued safety of such specified dams and take such measures as may be necessary to address safety concerns that are noticed with a view to achieve satisfactory level of dam safety assurance as per such guidelines, standards and other directions on dam safety as may be specified by the regulations. (2) The State Dam Safety Organisation, for the purpose of enabling it to make decisions compatible with public safety, shall make or cause to be made such investigations and shall gather or cause to be gathered such data as may be required for proper review and study of the various features of the design, construction, repair and enlargement of dams, reservoirs and appurtenant structures under their jurisdiction. **17. Vulnerability and hazard classification of dams.—The State Dam Safety Organisation shall** classify each dam under their jurisdiction as per such vulnerability and hazard classification criteria as may be specified by the regulations. **18.** **Maintenance of log books.—(1) Every State Dam Safety Organisation shall maintain a log** book or database for each specified dam under their jurisdiction recording therein all activities related to the surveillance and inspection and all important events related to dam safety and with such details and in such form as may be specified by the regulations. (2) Every State Dam Safety Organisation shall furnish all such information to the Authority as and when required by them. **19.** **Records of dam failures and dam incidents.—(1) Every State Dam Safety Organisation shall** report the event of any dam failure under their jurisdiction to the Authority, and furnish any information as and when required by them. (2) Every State Dam Safety Organisation shall maintain the records of major dam incidents of each specified dams under their jurisdiction, and furnish all such information to the Authority as and when required by them. **20. Instructions on safety of specified dams.—(1) Every State Dam Safety Organisation shall** render its instructions to the owner of a specified dam on the safety or the remedial measures required to be taken with respect to it. (2) Every owner of the specified dam shall comply with the instructions issued by the State Dam Safety Organisation with regard to safety or remedial measures in relation to any specified dam owned by it. **21.** **Funds for maintenance and repairs.—Every owner of the specified dam shall earmark** sufficient and specific funds for maintenance and repairs of the specified dam and to implement the recommendations of the State Dam Safety Organisation. **22. Technical documentation.—(1) Every owner of the specified dam shall compile all technical** documentations concerning hydrology, dam foundation, structural engineering of dam, watershed upstream of dam, and nature or use of land downstream of dam along with information on all resources or facilities of economic, logistic or environmental importance which are likely to be affected due to dam failure. (2) Every owner of the specified dam shall furnish all such information to the State Dam Safety Organisation and the Authority as and when required by them. 11 ----- (3) Every owner of the specified dam shall equip its organisation with the state-of-the-art information technology tools to store, retrieve, and distribute the data related to the dam safety and dam performance. **23. Qualifications and experience of individuals responsible for safety of specified dams.—** Every individual responsible for safety of specified dams and all activities related thereto shall possess such qualifications and experience and shall undergo such training as may be specified by the regulations. **24. Jurisdiction of State Dam Safety Organisation and Authority.—(1) Without prejudice to the** provisions of this Act, all specified dams, shall fall under the jurisdiction of the State Dam Safety Organisation of the State in which such dam is situated in matters relating to dam inspections, analysis of information, investigation reports or recommendations regarding safety status, and remedial measures to be undertaken to improve dam safety; and in all such matters, full co-operation shall be extended by the owner of the specified dam: Provided that where a specified dam is owned by a Central Public Sector Undertaking or where a specified dam is extended over two or more States, or where the specified dam in one State is owned by another State, then the Authority shall be construed as the State Dam Safety Organisation for the purposes of this Act: Provided further that in all such dams where the Authority takes up the role of State Dam Safety Organisation, the Governments of the States within the jurisdiction of which such dams are located shall have access to all information relating to these specified dams as available with the Authority. (2) The authorised representative of the Authority or concerned State Dam Safety Organisation for the purposes of making any inspection or investigation necessary for the implementation of the provisions of this Act, may enter upon any part of the specified dam or its site as and when required and apply such investigation methods, as may be considered necessary. (3) After making inspection or investigation under sub-section (2), the representative referred to in that sub-section is of the opinion that certain remedial measures are required to be taken, he shall report such remedial measures to the officer-in-charge of such specified dam and to the concerned State Dam Safety Organisation. (4) The Authority and concerned State Dam Safety Organisation, in cases of specified dams being found to be distressed on account of their age, degeneration, degradation, structural or other impediments, shall suggest such remedial measures on such operational parameters (including maximum reservoir level, maximum spillway discharge and maximum discharges through other outlets) as it may consider necessary. (5) Nothing contained in sub-sections (1), (2), (3) and (4) shall absolve the owner of specified dam or any other authority or person from any of the responsibilities or obligations entrusted upon it under the provisions of this Act and the provisions of sub-sections (1), (2), (3) and (4) shall be in addition to, and not in derogation of, any other provision of this Act. **25. Cost of investigation.—All the costs to be incurred by the Authority or State Dam Safety** Organisation on any form of investigation done including payment given to any consultant or expert, shall be borne by the owner of the specified dam. 12 ----- **26. Construction or alteration of dams.—(1) Any construction or alteration of a specified dam** shall be undertaken subject to investigation, design and construction being done by such agencies as may be accredited by the Authority or the State Government, as the case may be: Provided that the Authority may disqualify any agency which violates any of the provisions of this Act or the rules or regulations made thereunder. (2) Every agency referred to in sub-section (1) shall, for the purpose of designing or evaluating the safety of the specified dam, make use of the relevant standard codes and guidelines of the Bureau of Indian Standards, and furnish the reasons, if any departure is made in the design or dam safety evaluation. (3) Every agency referred to in sub-section (1) shall for the purpose of investigation, design and construction employ such qualified, experienced and competent engineers, as may be specified by the regulations. (4) Every agency referred to in sub-section (1) shall for the purpose of approval of dam design demonstrate the safety of the design, operational parameters and policies as per the provisions of relevant codes and guidelines to the Central Government or the State Government, as the case may be. (5) Every agency referred to in sub-section (1) shall, for the purpose of dam construction, undertake such quality control measures, as may be specified by the regulations. (6) The construction of any specified dam or the alteration or enlargement of any existing specified dam shall be undertaken with the approval of such competent authority, as may be specified by notification by the Central Government or the State Government, as the case may be. **27. Initial filling of reservoirs.—(1) Before initial filling of any reservoir of a specified dam, the** agency responsible for its design shall draw the filling criteria and prepare an initial filling plan, with adequate time for monitoring and evaluating the performance of the dam and its appurtenant structures. (2) Before initial filling of the reservoir is taken up, the State Dam Safety Organisation shall inspect or cause to be inspected the specified dam either through its own engineers or by an independent panel of experts, who shall also examine the initial filling programme and prepare a detailed report thereof duly certifying the fitness of dam for filling. **28. Operation and maintenance.—(1) Every owner of the specified dam shall provide operation** and maintenance establishment for the specified dam, and shall ensure that sufficient number of trained operation and maintenance engineers or technical persons are posted at each such dam. (2) Every owner of the specified dam shall ensure that a well-documented operation and maintenance manual is kept at each of the specified dams and are followed at all times. **29. Responsibility of owner of specified dam.—Nothing contained in this Act shall be construed** to absolve an owner of a specified dam of the duties, obligations or liabilities incidental to the construction, operation, maintenance and supervision of the dam or reservoir. CHAPTER VII SAFETY, INSPECTION AND DATA COLLECTION **30. Dam safety unit.—For each specified dam, the owner shall, within the operation and** maintenance establishment, provide a dam safety unit consisting of such competent levels of engineers as may be specified by the regulations. 13 ----- **31. Inspection.—(1) Every owner of a specified dam shall undertake every year, through their dam** safety unit, a pre-monsoon and post-monsoon inspections in respect of each such dam. (2) Without prejudice to sub-section (1), every owner of a specified dam shall inspect or cause to be inspected every specified dam by the dam safety unit, during and after every flood, earthquake or any other natural or man-made calamities, or if any sign of distress or unusual behaviour is noticed in the dam. (3) Every owner of a specified dam shall, — (a) carry out all inspections referred to in sub-section (1) and sub-section (2) in accordance with the guidelines and check-lists as may be specified by the regulations; (b) station, at each of the specified dam site throughout the monsoon period, such engineers and other technical personnel, as may be decided, in consultation with the State Dam Safety Organisation: Provided that the engineers and other technical personnel shall be required to be stationed at their respective dam sites during entire period of emergency following any other natural or man-made calamity that may create distress conditions in the dam; and (c) forward the inspection report by the dam safety unit to the State Dam Safety Organisation, which shall analyse the report and submit comments on the deficiency and remedial measures, if any, to the owner of the specified dam. **32. Instrumentations to be installed in every specified dam.—(1) Every owner of a specified dam** shall have a minimum number of such instrumentations at each specified dam, and installed in such manner as may be specified by the regulations for monitoring the performance of such dam. (2) Every owner of the specified dam shall maintain a record of readings of the instrumentations referred to in sub-section (1) and forward the analysis of such readings to the State Dam Safety Organisation, in the form, manner and at such interval as may be specified by the regulations. **33. Establishment of hydro-meteorological station.—(1) Every owner of a specified dam shall** establish a hydro-meteorological station in the vicinity of each specified dam capable of recording such data as may be specified by the regulations. (2) Every owner of the specified dam shall collect, compile, process and store data referred to in sub section (1) at a suitable location. **34. Installations of seismological station.—(1) In the case of every specified dam, having a height** of thirty metres or above or falling under such seismic zone, as may be specified by the regulations, the owner of the specified dam shall establish a seismological station in the vicinity of each such dam for recording micro and strong motion earthquakes and such other data as may be specified by the regulations. (2) Every owner of a specified dam shall collect, compile, process and store data referred to in sub section (1) at such suitable location and in such manner as may be specified by the regulations. CHAPTER VIII EMEGENCY ACTION PLAN AND DISASTER MANAGEMENT **35. Obligation of owner of specified dam.—(1) Every owner of a specified dam, in respect of each** specified dam, shall, — 14 ----- (a) establish well designed hydro-meteorological network and an inflow forecasting system; (b) establish an emergency flood warning system for the probable flood affected areas downstream of the dam; (c) test or cause to be tested periodically the functioning of systems referred to in clauses (a) and (b); (d) install such scientific and technical instruments which are invented or adopted from time to time for the purpose of ensuring the dam safety and the life and property of people downstream; (e) make available the information relating to maximum anticipated inflows and outflows including flood warning and an adverse impact of the same, if any, on persons and property towards the upstream or downstream of the dam, to the concerned district authorities and also make available the information in public domain; and (f) render necessary assistance to the Authority in establishment and running of the early warning system for the exchange of real time hydrological and meteorological data and information related to the operation of reservoirs. (2) Every owner of a specified dam, for each of its dam shall, carry out risk assessment studies at such interval as may be specified by the regulations and the first such study shall be made within five years from the date of commencement of this Act. **36. Emergency action plan.—(1) Every owner of a specified dam, in respect of each of specified** dam, shall, — (a) prepare emergency action plan before allowing the initial filling of the reservoir and thereafter update such plans at regular intervals; (b) in respect of the dam which is constructed and filled before the commencement of this Act, prepare emergency action plan within five years from the date of commencement of this Act and thereafter update such plans at regular intervals as may be specified by the regulations. (2) The emergency action plan referred to in sub-section (1) shall, — (a) set out the procedures to be followed for the protection of persons and property upstream or downstream of the specified dam in the event of an actual or imminent dam failure or to mitigate the effects of the disaster; (b) include therein, — (i) the type of emergencies which are likely to occur in the operation of any reservoir; (ii) identification of the likely catastrophic flood in the event of any dam failure, along with probable areas, population, structures and installations likely to be adversely affected due to flood water released from the reservoir; (iii) warning procedures, inundation maps and advance preparations for handling efficiently and in the best possible manner the likely adverse situations especially to avoid loss of human life; (iv) such other matters which may having regard to the geographical conditions, size of the dam and other relevant factors as may be necessary. (3) The emergency action plan under this section shall be put into action as and when conditions arise which are hazardous or likely to be hazardous to a specified dam or potentially hazardous to public safety, infrastructure, other property or to the environment. 15 ----- (4) Every owner of the specified dam shall, while preparing and updating the emergency action plan, undertake a consultation process with all disaster management agencies and other Departments of the State entrusted with disaster management and relief in the area likely to be affected and owners of other dams in the immediate vicinity likely to be affected, so as to bring coordination and transparency and allay any unwarranted fear on dam safety issues. **37. Assistance to other disaster management authorities.—Without prejudice to the provisions of** this Act or liability of the owner of the specified dam and other organisations and authorities under this Act, every owner, organisation and authority shall render necessary assistance, if so required by any authority under any law for the time being in force to meet or mitigate any disaster or emergency arising out of the specified dams. CHAPTER IX COMPREHENSIVE DAM SAFETY EVALUTION **38. Comprehensive dam safety evaluation.—(1) The owner of a specified dam shall make or cause** to be made comprehensive dam safety evaluation of each specified dam through an independent panel of experts constituted as per regulations for the purpose of determining the conditions of the specified dam and its reservoir: Provided that the first comprehensive dam safety evaluation for each existing specified dam shall be conducted within five years from the date of commencement of this Act, and thereafter the comprehensive dam safety evaluation of each such dam shall be carried out at regular intervals as may be specified by the regulations. (2) The comprehensive dam safety evaluation shall consists of, but not be limited to, — (a) review and analysis of available data on the design, construction, operation, maintenance and performance of the structure; (b) general assessment of hydrologic and hydraulic conditions with mandatory review of design floods as specified by the regulations; (c) general assessment of seismic safety of specified dam with mandatory site specific seismic parameters study in certain cases as specified by the regulations; (d) evaluation of the operation, maintenance and inspection procedures; and (e) evaluation of any other conditions which constitute a hazard to the integrity of the structure. **39. Compulsory evaluation in certain cases.—The comprehensive dam safety evaluation referred** to in section 38 shall be compulsory in the case of, — (a) major modification to the original structure or design criteria; (b) discovery of an unusual condition at the dam or reservoir rim; and (c) an extreme hydrological or seismic event. **40. Reports of comprehensive evaluation.—(1) The owner of a specified dam shall report the** results of the dam safety evaluation undertaken under section 38 or section 39 to the State Dam Safety Organisation. (2) The reports referred to in sub-section (1) shall include, but not be limited to, — 16 ----- (a) assessment of the condition of the structure based on the visual observations and available data on the design, hydrology, construction, operation, maintenance and performance of the structure; (b) recommendations for any emergency measures or actions, if required, to assure the immediate safety of the structure; (c) recommendations for remedial measures and actions related to design, construction, operation, maintenance and inspection of the structure, if required; (d) recommendations for additional detailed studies, investigations and analysis, if required; and (e) recommendations for improvements in routine maintenance and inspection of dam, if required. (3) Where the safety evaluations undertaken under section 38 or section 39, results in recommendations for a remedial action, the State Dam Safety Organisation shall pursue with the owner of the specified dam to ensure that remedial measures are carried out in time, for which the owner shall provide adequate funds. (4) Where there is any unresolved matter emerging between an independent panel of experts referred to in sub section (1) of section 38 and the owner of the specified dam, the matter shall be referred to the State Dam Safety Organisation, and, in case no agreement is arrived at, the matter shall be referred to the Authority which shall render its advice and send recommendations to the State Government concerned for implementation. CHAPTER X OFFENCES AND PENALTIES **41. Punishment for obstruction, etc.—Whoever, without reasonable cause, —** (a) obstructs any officer or employee of the Central Government or the State Government, or a person authorised by the National Committee or the Authority or the State Committee or the State Dam Safety Organisation in the discharge of his functions under this Act; or (b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Committee or the Authority or the State Committee or the State Dam Safety Organisation under this Act, shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall be punishable with imprisonment for a term which may extend to two years. **42. Offences by Departments of Government.—(1) Where an offence under this Act has been** committed by a Department of the Government, the head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 17 ----- **43. Offence by companies.—(1) Where an offence under this Act has been committed by a** company or body corporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation. — For the purpose of this section—_ (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. **44. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under** this Act, except on a complaint made by the Central Government or the State Government or a person authorised in this behalf by the National Committee or the Authority or the State Committee or the State Dam Safety Organisation, as the case may be. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. CHAPTER XI MISCELLANEOUS **45. Annual report of safety status of specified dam.—(1) Every State Dam Safety Organisation** shall prepare annual report, within three months of the expiry of the preceding financial year, of its activities and safety status of specified dams in the State and such report shall be forwarded to the Authority and State Government and that Government shall cause the same to be laid before each House of the State Legislature, where it consists of two Houses or where such Legislature consists of one House, before that House. (2) Every State Dam Safety Organisation and every owner of a specified dam shall provide to the Authority, documentation of the projects, report of enquiries into failure and any other data, as and when required in such format and in such manner as may be decided by the Authority. (3) The Authority, shall prepare a consolidated annual report of the dam safety activities in the country and submit the same to the Central Government within six months of the expiry of the preceding financial year and that Government shall cause the same to be laid before each House of Parliament. (4) The Authority shall forward its annual report on the safety status of specified dams to the National Disaster Management Authority and also make available such report in public domain. 18 ----- (5) The State Dam Safety Organisation of each State shall forward their annual report to the concerned State Disaster Management Authority and also make available such report in public domain. **46. Safety measures in respect of dams other than specified dams.—Every owner of the dam** other than specified dams shall undertake such measures as may be necessary to ensure dam safety and shall comply with such measures as may be specified by the regulations. **47.** **Safety measures in respect of dams located outside territory of India.—Where a dam,** including a dam created due to landslides or glacial moraine, is located outside the territory of India and the Authority suo motu or on receipt of information from any person or organisation or authority or source prima facie is of the opinion that measures are required to be taken to ensure safety of such dams and failure of which may endanger the life and property of people located in India, it shall in writing submit an intimation thereof to the Central Government indicating therein the likely damages which may arise due to failure of such dams and the safety measures required to be taken in respect of such dam and the Central Government shall take all suitable measures to mitigate any possible threat. **48.** **Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in any other law for the time being in force. **49. Power to amend Schedules—(1) If the Central Government is satisfied that it is necessary or** expedient so to do, it may, by notification, amend the First Schedule, the Second Schedule or the Third Schedule and thereupon the Schedules, shall be deemed to have been amended accordingly. (2) A copy of every notification made under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is made. **50. Power of Central Government to give directions.—The Central Government may give such** directions, as it may consider necessary, to the State Government where that Government is the owner of the specified dam and to the owner of a specified dam in any other case for the effective implementation of the provisions of this Act. **51.** **Vacancies, etc., not to invalidate proceedings of National Committee on Dam Safety** **Authority and State Committee on Dam Safety.—No act or proceedings of the National** Committee, the Authority and the State Committee shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Authority; or (b) any defect in the appointment of a person acting as a member of the Authority; or (c) any irregularity in the procedure of the Authority not affecting the merits of the case. **52. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely: — (a) the time and place of the meetings of the National Committee and the procedure to be followed at such meetings under sub-section (1) of section 7 and the expenditure incurred on the meetings of the National Committee under sub-section (3) of section 7; (b) the qualifications and experience of the officers and other employee of the Authority in the field of dam safety or such other field under sub-section (1) of section 10; 19 ----- (c) the functions, powers, and terms and conditions of service of other officers and other employees of the Authority under sub-section (2) of section 10; (d) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the Central Government by rules. **53. Power of State Government to make rules.—(1) The State Government may, by notification,** make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely: — (a) the times and places of the meetings of the State Committee and the procedure to be followed at such meetings under sub-section (1) of section 13; (b) the expenditure incurred on the meetings of the State Committee under sub-section (3) of section 13; (c) the fee and allowances paid to the specialist members or expert invitees of the State Committee or its sub-committees under sub-section (4) of section 13; (d) the organisational structure and work procedure of State Dam Safety Organisation under sub-section (3) of section 14; (e) the qualifications and experience of the officers and other employees of the State Dam Safety Organisation in the field of dam safety or such other field under sub-section (1) of section 15; (f) the functions, powers, and terms and conditions of service of the employees of the State Dam Safety Organisation under sub-section (2) of section 15; (g) the dam safety measures in respect of dams other than specified dams under section 46; (h) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the State Government by rules. (3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House. **54. Power to make regulations by Authority.—(1) The Authority on the recommendations of the** National Committee may make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: — (a) the guidelines, standards and other directions for achieving the satisfactory level of dam safety assurance under sub-section (1) of section 16; (b) the vulnerability and hazard classification criteria of specified dams under section 17; (c) the details and form pertaining to the maintenance of log books or database under sub section (1) of section 18; (d) the qualifications, experience and training of the individuals responsible for safety of specified dams under section 23; 20 ----- (e) the employment of competent engineers and their qualifications and experience for the purpose of investigation, design and construction of specified dams under sub-section (3) of section 26; (f) the quality control measures for the purpose of dam construction under sub-section (5) of section 26; (g) the level of competent engineers for the dam safety units under section 30; (h) the guidelines and check-lists for inspection of specified dams under clause (a) of sub section (3) of section 31; (i) the minimum number of set of instrumentations in the specified dams and the manner of their installation under sub-section (1) of section 32; (j) the form, manner and time interval for forwarding the analysis of readings to the State Dam Safety Organisation under sub-section (2) of section 32; (k) the data requirements of hydro-meteorological stations in the vicinity of specified dams under sub-section (1) of section 33; (l) the data requirements of seismological stations in the vicinity of specified dams under sub section (1) of section 34; (m) the suitable location and manner of collection, compliance, process and storage of data under sub-section (2) of section 34; (n) the time interval of risk assessment studies to be carried out under sub-section (2) of section 35; (o) time interval for updating the emergency action plan under clause (b) of sub-section (1) of section 36; (p) the time interval for the comprehensive safety evaluation of specified dams under sub section (1) of section 38; (q) the mandatory review of design flood of existing specified dams under clause (b) of sub section (2) of section 38; (r) the mandatory site specific seismic parameter studies of existing specified dams under clause (c) of sub-section (2) of section 38; (s) the measures necessary to ensure dam safety by every owner of dam other than specified dams under section 46; (t) any other matter which is to be specified or in respect of which provision is to be made by the Authority. **55.** **Rules and regulations to be laid before Parliament.—Every rule and every regulation made** by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, 21 ----- as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **56. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 22 ----- THE FIRST SCHEDULE [See section 6(1)] FUNCTIONS OF NATIONAL COMMITTEE ON DAM SAFETY 1. For the purposes of maintaining standards of dam safety and prevention of dam failure related disasters, evolve dam safety policies and recommend necessary regulations as may be required; 2. act as a forum for exchange of views on techniques to be adopted for remedial measures to relieve distress conditions in specified dams and appurtenant structures; 3. analyse the causes of major dam incidents and dam failures and suggest changes in the planning, specifications, construction, operation and maintenance practices in order to avoid recurrence of such incidents and failures; 4. evolve comprehensive dam safety management approach as an integration of dam safety evaluation, risk assessment and risk management for the desired level of safety assurance; and also explore compensations, by means of insurance coverage for the people affected by dam failures; 5. render advice on any specific matter relating to dam safety which may be referred to it by the Central Government or the State Government, as the case may be; 6. make recommendations on a request by the Central Government on safety measures in respect of dams located outside the territory of India; 7. make recommendations on the rehabilitation requirements of ageing dams; 8. provide strategic supervision for such dam rehabilitation programmes that are executed in States through central or externally aided funding; 9. identify areas of research and development for dam safety and recommend for provision of funds; 10. make recommendations on the coordinated reservoir operations of cascading dams; and 11. any other specific matter relating to dam safety which may be referred to it by the Central Government. 23 ----- THE SECOND SCHEDULE [See section 9(1)] FUNCTIONS OF NATIONAL DAM SAFETY AUTHORITY 1. For the purpose of maintaining standards of dam safety and prevention of dam failure related disasters, discharge such functions as related to implementation of the policies made by the National Committee including making regulations on the recommendations of the National Committee; 2. resolve any issue between the State Dam Safety Organisations of States or between a State Dam Safety Organisation and any owner of a specified dam in that State; 3. provide the state-of-the-art technical and managerial assistance to the State Dam Safety Organisations; 4. maintain a national level database of all specified dams in the country, including serious distress conditions, if any, noticed therein; 5. maintain liaison with the State Dam Safety Organisations and the owners of the specified dams for standardisation of dam safety related data and practices, and related technical or managerial assistance; 6. lay down guidelines and check-lists for the routine inspection and detailed investigation of the specified dams and appurtenant structures; 7. maintain the records of major dam failures in the country; 8. examine, as and when necessary, either through its own engineers or through a panel of experts, the cause of any major dam failure, and submit its report to the National Committee; 9. examine whenever required, either through its own engineers or through a panel of experts, the cause of any major public safety concern in respect of any specified dam, and issue appropriate instructions relating to further investigations, operational parameters or remedial measures; 10. lay down the uniform criteria for vulnerability and hazard classification of the specified dams in the country, and review such criteria as and when necessary; 11. give directions regarding maintenance of log books or database; 12. give directions regarding qualifications and experience requirements of individuals responsible for safety of the specified dams; 13. accord accreditations to the agencies that may be entrusted with the investigation, design, construction and alteration of the specified dams; 14. disqualify any agency for taking up investigation, design, construction or alteration of the specified dams, if it violates any of the regulations made under this Act; 15. give directions regarding qualification and experience requirements of individuals responsible for investigation, design and construction of the specified dams; 16. give directions regarding quality control measures to be undertaken during construction of the specified dams; 17. lay down guidelines for preventive measures in the areas vulnerable to landslides in the vicinity of a specified dam under construction; 24 ----- 18. give directions regarding competent levels of engineers in the dam safety units of the specified dams on the basis of vulnerability and hazard classification of such dams; 19. give directions regarding instrumentation requirements and manner of their installation for monitoring the performance of the specified dams; 20. give directions regarding data requirements of hydro-meteorological stations in the vicinity of the specified dams; 21. give directions regarding data requirements of seismological stations in the vicinity of the specified dams; 22. give directions regarding time interval for the risk assessment studies of the specified dams on the basis of vulnerability and hazard classification of such dams; 23. give directions regarding time interval for updating the emergency action plans of the specified dams on the basis of vulnerability and hazard classification of such dams; 24. give directions regarding constitution of independent panel of experts for comprehensive dam safety evaluation of the specified dams; 25. give directions regarding time interval for the comprehensive safety evaluation of the specified dams on the basis of vulnerability and hazard classification of such dams; 26. lay down guidelines for review of design floods of existing the specified dams; 27. lay down guidelines for review of site specific seismic parameter studies of the specified dams; 28. establishment of an early warning system incorporating appropriate framework for the exchange of real time hydrological and meteorological data and information related to operation of reservoirs by the owner of a dam; 29. promote general education and awareness in relation to dam safety; 30. provide secretarial assistance to the National Committee and its sub-committees; 31. provide coordination and overall supervision of dam rehabilitation programmes that are executed in States through central or externally aided funding; and 32. any other specific matter relating to dam safety which may be referred to it by the Central Government. 25 ----- THE THIRD SCHEDULE [See section 12(1)] FUNCTIONS OF STATE COMMITTEE ON DAM SAFETY 1. For the purpose of maintaining standards of dam safety and prevention of dam failure related disasters, discharge such functions as may be necessary as per the guidelines, standards and other directions issued by the Authority; 2. review the work done by the State Dam Safety Organisation; 3. establish priorities for investigations in case of specified dams under distress condition; 4. in cases where investigations with respect to safety of any specified dam in the State had already been undertaken, to order further investigations in relation to safety of such specified dam and assign responsibilities for execution including the use of non-departmental resources, and association of independent experts where necessary; 5. recommend the appropriate measures to be taken in relation to the safety of the specified dam which is under distress condition; 6. establish priorities among projects requiring remedial safety works; 7. review the progress on measures recommended in relation to dam safety; 8. assess potential implication of reservoir filling of a specified dam in the State on any upstream State, and coordinate mitigation measures with such upstream States; 9. assess potential implication of failure of a specified dam in the State on any downstream State, and coordinate mitigation measures with such downstream States; 10. assess probability of cascading dam failure, and coordinate mitigation measures with all concerned, including bordering States; 11. recommend provision of funds for the purpose of planned and appropriately phased rehabilitation of ageing dams in the State; 12. provide strategic supervision for such dam improvement and rehabilitation programmes that are executed through State funding; and 13. any other specific matter relating to dam safety which may be referred to it by the State Government. 26 -----

18-Dec-2021

42

The Assisted Reproductive Technology (Regulation) Act, 2021

https://www.indiacode.nic.in/bitstream/123456789/17031/1/A2021-42%20.pdf

central

THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) ACT, 2021 ______________ ARRANGEMENT OF SECTIONS ______________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II AUTHORITIES TO REGULATE ASSISTED REPRODUCTIVE TECHNOLOGY A. THE NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD 3. National Assisted Reproductive Technology and Surrogacy Board. 4. Application of provisions of Surrogacy Act with respect to National Board. 5. Powers and functions of National Board. B. STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD 6. State Assisted Reproductive Technology and Surrogacy Board. 7. Application of provisions of Surrogacy Act with respect to State Board. 8. Powers and functions of State Board. C. THE NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY REGISTRY AND THE APPROPRIATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY AUTHORITY 9. Establishment of National Registry of clinics and banks. 10. Composition of National Registry. 11. Functions of National Registry. 12. Appointment of appropriate authority. 13. Functions of appropriate authority. 14. Powers of appropriate authority. CHAPTER III PROCEDURES FOR REGISTRATION 15. Registration of assisted reproductive technology clinic or assisted reproductive technology bank. 16. Grant of registration. 17. Renewal of registration. 18. Suspension or cancellation of registration. 1 ----- SECTIONS 19. Appeal. 20. Power to inspect premises, etc. CHAPTER IV DUTIES OF ASSISTED REPRODUCTIVE TECHNOLOGY CLINIC AND ASSISTED REPRODUCTIVE TECHNOLOGY BANK 21. General duties of assisted reproductive technology clinics and banks. 22. Written informed consent. 23. Duties of assisted reproductive technology clinics and banks to keep accurate records. 24. Duties of assisted reproductive technology clinics using human gametes and embryos. 25. Preimplantation Genetic Diagnosis. 26. Sex selection. 27. Sourcing of gametes by assisted reproductive technology banks. 28. Storage and handling of human gametes and embryos. 29. Restriction on sale, etc., of human gametes, zygotes and embryos. 30. Research on human gametes and embryos. 31. Rights of child born through assisted reproductive technology. CHAPTER V OFFENCES AND PENALTIES 32. Sex selective assisted reproductive technology. 33. Offences and penalties. 34. Punishment for contravention of provisions of Act or rules for which no specific punishment is provided. 35. Cognizance of offences. 36. Offences to be cognizable and bailable. 37. Offences by clinics or banks. CHAPTER VI MISCELLANEOUS 38. Power of Central Government to issue directions to National Board, National Registry and appropriate authority. 39. Power of State Government to issue directions to State Board, etc. 40. Power to search and seize records, etc. 41. Protection of action taken in good faith. 42. Power to make rules. 43. Power to make regulations. 2 ----- SECTIONS 44. Laying of rules, regulations and notifications. 45. Application of other laws not barred. 46. Power to remove difficulties. 3 ----- THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) ACT, 2021 ACT NO. 42 OF 2021 [18th December, 2021.] An Act for the regulation and supervision of the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services for addressing the issues of reproductive health where assisted reproductive technology is required for becoming a parent or for freezing gametes, embryos, embryonic tissues for further use due to infertility, disease or social or medical concerns and for regulation and supervision of research and development and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows: — CHAPTER I PRELIMINARY **1. Short title, extent and commencement. — (1) This Act may be called the Assisted** Reproductive Technology (Regulation) Act, 2021. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions. — (1) In this Act, unless the context otherwise requires, —** (a) “assisted reproductive technology” with its grammatical variations and cognate expressions, means all techniques that attempt to obtain a pregnancy by handling the sperm or the oocyte outside the human body and transferring the gamete or the embryo into the reproductive system of a woman; (b) “assisted reproductive technology bank” means an organisation which shall be responsible for collection of gametes, storage of gametes and embryos and supply of gametes to the assisted reproductive technology clinics or their patients; (c) “assisted reproductive technology clinic” means any premises equipped with requisite facilities and medical practitioners registered with the National Medical Commission for carrying out the procedures related to the assisted reproductive technology; (d) “child” means any individual born through the use of the assisted reproductive technology; (e) “commissioning couple” means an infertile married couple who approach an assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the services authorised of the said clinic or bank; 1. 25[th] January, 2022, vide notification No. S.O. 291(E), dated 20th January, 2022, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4 ----- (f) “embryo” means a developing or developed organism after fertilisation till the end of fifty-six days from the day of fertilisation; (g) “gamete” means sperm and oocyte; (h) “gamete donor” means a person who provides sperm or oocyte with the objective of enabling an infertile couple or woman to have a child; (i) “gynaecologist” shall have the same meaning as assigned to it in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994); # (j) “infertility” means the inability to conceive after one year of unprotected coitus or other proven medical condition preventing a couple from conception; (k) “National Board” means the National Assisted Reproductive Technology and Surrogacy Board to be constituted under sub-section (1) of section 17 of the Surrogacy Act; (l) “National Registry” means the National Assisted Reproductive Technology and Surrogacy Registry established under section 9; (m) “notification” means a notification published in the Official Gazette; (n) “patients” means an individual or couple who comes to any registered assisted reproductive technology clinic for management of infertility; (o) “prescribed” means prescribed by rules made under this Act; (p) “appropriate authority” means the authority appointed under section 12; # (q) “regulations” means the regulations made by the National Board under this Act; (r) “sperm” means the mature male gamete; (s) “State Board” means a State Assisted Reproductive Technology and Surrogacy Board to be constituted under section 26 of the Surrogacy Act; (t) “Surrogacy Act” means the Surrogacy (Regulation) Act, 2021; and (u) “woman” means any woman above the age of twenty-one years who approaches an assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the authorised services of the clinic or bank. (2) The expressions “clinics” and “banks” occurring in this Act shall be construed as “assisted reproductive technology clinics” and “assisted reproductive technology banks”. (3) Words and expressions used herein and not defined in this Act but defined in the Surrogacy (Regulation) Act shall have the meanings respectively assigned to them in that Act. CHAPTER II # AUTHORITIES TO REGULATE ASSISTED REPRODUCTIVE TECHNOLOGY A. THE NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD **3. National Assisted Reproductive Technology and Surrogacy Board. — The National** # Assisted Reproductive Technology and Surrogacy Board to be constituted under 5 ----- # sub-section (1) of section 17 of the Surrogacy Act shall be the National Board for the purposes of this Act. **4. Application of provisions of Surrogacy Act with respect to National Board. — Subject to** the provisions of this Act and the rules made thereunder, the provisions of the Surrogacy Act relating to— (i) constitution of the National Assisted Reproductive Technology and Surrogacy Board; (ii) term of office of Members of the National Board; (iii) meetings of the National Board; (iv) vacancies, etc., not to invalidate proceedings of the National Board; (v) disqualifications for appointment as Member of the National Board; (vi) temporary association of persons with the National Board for particular purposes; (vii) authentication of orders and other instruments of the National Board; and (viii) eligibility of Members of the National Board for re-appointment, shall, mutatis mutandis, apply, so far as may be, in relation to assisted reproductive technology as they apply in relation to surrogacy, as if they are enacted under this Act. **5. Powers and functions of National Board. — The National Board shall exercise and discharge** the following powers and functions, namely:— (a) to advise the Central Government on policy matters relating to the assisted reproductive technology; (b) to review and monitor the implementation of the Act, rules and regulations made thereunder and recommend to the Central Government, any suitable changes therein; (c) to lay down code of conduct to be observed by persons working at clinics and banks, to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by clinics and banks; (d) to oversee the performance of various bodies constituted under this Act and take appropriate steps to ensure their effective performance; (e) to supervise the functioning of the National Registry and liaison with the State Boards; (f) to pass orders as per the provisions made under this Act; and (g) such other powers and functions as may be prescribed. B. STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD **6. State Assisted Reproductive Technology and Surrogacy Board. — The State Assisted** Reproductive Technology and Surrogacy Board to be constituted under section 26 of the Surrogacy Act shall be the State Board for the purposes of this Act. **7. Application of provisions of Surrogacy Act with respect to State Board. — Subject to the** provisions of this Act and the rules made thereunder, the provisions of the Surrogacy Act relating to— (i) constitution of the State Assisted Reproductive Technology and Surrogacy Board; (ii) composition of the State Board; 6 ----- (iii) term of office of members of the State Board; (iv) meetings of the State Board; (v) vacancies, etc., not to invalidate proceedings of the State Board; (vi) disqualifications for appointment as member of the State Board; (vii) temporary association of persons with the State Board for particular purposes; (viii) authentication of orders and other instruments of the State Board; and (ix) eligibility of member of the State Board for re-appointment, shall, mutatis mutandis, apply, so far as may be, in relation to assisted reproductive technology as they apply in relation to surrogacy, as if they are enacted under this Act. **8. Powers and functions of State Board.— (1) Subject to the provisions of this Act and the rules** and regulations made thereunder, the State Board shall have the responsibility to follow the policies and plans laid by the National Board for clinics and banks in the State. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the State Board, taking into account the recommendations, policies and regulations of the National Board, shall— (a) co-ordinate the enforcement and implementation of the policies and guidelines for assisted reproduction; and (b) such other powers and functions as may be prescribed. (3) In the exercise of its functions under this Act, the State Board shall give such directions or pass such orders as directed by the National Board. C. THE NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY REGISTRY AND THE APPROPRIATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY AUTHORITY **9. Establishment of National Registry of clinics and banks. — The Central Government may,** within a period of ninety days from the date of commencement of this Act, by notification, establish for the purposes of this Act and Surrogacy Act, a Registry to be called the National Assisted Reproductive Technology and Surrogacy Registry. **10. Composition of National Registry. — The National Registry referred to in section 9 shall** consist of such scientific, technical, administrative and supportive staff and the terms and conditions of their service shall be such as may be prescribed. **11. Functions of National Registry. — The National Registry shall discharge the following** functions, namely:— (a) it shall act as a central database in the country through which the details of all the clinics and banks of the country including nature and types of services provided by them, outcome of the services and other relevant information shall be obtained on regular basis; (b) it shall assist the National Board in its functioning by providing the data generated from the central database of the Registry; 7 ----- (c) the data generated from the National Registry shall be utilised by the National Board for making policies, guidelines and shall help in identifying new research areas and conducting research in the area of assisted reproduction and other related fields in the country; and (d) such other functions as may be prescribed. **12. Appointment of appropriate authority. — (1) The Central Government shall, within a** period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate assisted reproductive technology and surrogacy authorities for each of the Union territories for the purposes of this Act and the Surrogacy Act. (2) The State Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate assisted reproductive technology and surrogacy authorities for the whole or any part of the State for the purposes of this Act and the Surrogacy Act. (3) The appropriate authority, under sub-section (1) or sub-section (2), shall, — (a) when appointed for the whole of the State or the Union territory, consist of— (i) an officer of or above the rank of the Joint Secretary of the Health and Family Welfare Department—Chairperson, ex officio; (ii) an officer of or above the rank of the Joint Director of the Health and Family Welfare Department — Vice Chairperson, ex officio; (iii) an eminent woman representing women's organisation—member; (iv) an officer of Law Department of the State or the Union territory concerned not below the rank of a Deputy Secretary—member, ex officio; and (v) an eminent registered medical practitioner—member: Provided that any vacancy occurring therein shall be filled within one month of the occurrence of such vacancy; (b) when appointed for any part of the State or the Union territory, the officers of such other rank as the State Government or the Central Government, as the case may be, may deem fit. (4) The members of appropriate authority, other than _ex officio members, shall receive only_ compensatory travelling expenses for attending the meetings of such Authority. **13.** **Functions of appropriate authority. —The appropriate authority shall discharge the** following functions, namely: — (a) to grant, suspend or cancel registration of a clinic or bank; (b) to enforce the standards to be fulfilled by the clinic or bank; (c) to investigate complaints of breach of the provisions of this Act, rules and regulations made thereunder and take legal action as per provisions of this Act; (d) to take appropriate legal action against the misuse of assisted reproductive technology by any person and also to initiate independent investigations in such matter; (e) to supervise the implementation of the provisions of this Act and the rules and regulations made thereunder; 8 ----- (f) to recommend to the National Board and State Boards about the modifications required in the rules and regulations in accordance with changes in technology or social conditions; (g) to take action after investigation of complaints received by it against the assisted reproductive technology clinics or banks; and (h) such other functions as may be prescribed. **14. Powers of appropriate authority. —(1) The appropriate authority shall exercise the powers** in respect of the following matters, namely:— (a) summoning of any person who is in possession of any information relating to violation of the provisions of this Act and the rules and regulations made thereunder; (b) production of any document or material object relating to clause (a); (c) searching of any place suspected to be violating the provisions of this Act and the rules and regulations made thereunder; and (d) such other powers as may be prescribed. (2) The appropriate authority shall maintain the details of registration of assisted reproductive technology clinics and banks, cancellation of registration, renewal of registration, grant of certificates to the commissioning couple and woman or any other matter pertaining to grant of licence and the like of the clinic or bank in such format as may be prescribed and submit the same to the National Board. CHAPTER III # PROCEDURES FOR REGISTRATION **15. Registration of assisted reproductive technology clinic or assisted reproductive** **technology bank. — (1) No person shall establish any clinic or bank for undertaking assisted** reproductive technology or to render assisted reproductive technology procedures in any form unless such clinic or bank is duly registered under this Act. (2) Every application for registration under sub-section (1) shall be made to the National Registry through the appropriate assisted reproductive technology and surrogacy authority in such form, manner and shall be accompanied by such fees as may be prescribed. (3) Every clinic or bank which is conducting assisted reproductive technology, partly or exclusively shall, within a period of sixty days from the date of establishment of the National Registry, apply for registration: Provided that such clinics and banks shall cease to conduct any such counselling or procedures on the expiry of six months from the date of commencement of this Act, unless such clinics and banks have applied for registration and is so registered separately or till such application is disposed of, whichever is earlier. (4) No clinics or banks shall be registered under this Act, unless the appropriate authority is satisfied that such clinics and banks are in a position to provide such facilities and maintain such equipment and standards including specialised manpower, physical infrastructure and diagnostic facilities as may be prescribed. **16. Grant of registration. — (1) On receipt of the application under sub-section (1) of section 15,** the appropriate authority shall within a period of thirty days— 9 ----- (i) grant registration subject to the provisions of this Act and the rules and regulations made thereunder, and provide a registration number to the applicant; or (ii) reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of this Act or the rules or regulations made thereunder: Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter. (2) If the appropriate authority fails to grant the registration or reject the application, as the case may be, as provided under sub-section (1), the appropriate authority shall, within a period of seven days from the expiry of the said period of thirty days specified under sub-section (1), provide a reason for the failure to process the application. (3) The appropriate authority shall, within a period of one month of registration being granted under this section, intimate such registration to the State Board. (4) The State Board shall maintain a record of all registrations applied for and granted under this section. (5) No registration shall be granted unless the State Board has inspected the premises of the applicant. (6) The registration granted under this section shall be valid for a period of five years from the date of registration granted by the appropriate authority. (7) The certificate of registration shall be displayed by the clinic or bank at a conspicuous place and such certificate shall contain the duration of validity of such registration. **17. Renewal of registration. — The registration granted under section 16, may be renewed for a** further period of five years by the appropriate authority, on an application made by the applicant, under such conditions, in such form and on payment of such fee as may be prescribed: Provided that no application for renewal of registration shall be rejected without giving an opportunity of being heard to the applicant. **18.** **Suspension or cancellation of registration. — (1) The appropriate authority may on receipt** of a complaint, issue a notice to the clinic or bank to show cause as to why its registration should not be suspended or cancelled for the reasons mentioned in the notice. (2) If after giving a reasonable opportunity of being heard to the clinic or bank, the appropriate authority is satisfied that there has been a breach of the provision of this Act or the rules or regulations made thereunder or if the data obtained from them periodically do not satisfy the provisions of this Act, the rules and regulations made thereunder, it may, without prejudice to any criminal action, suspend its registration for such period as it may deem fit or cancel its registration. (3) On cancellation of registration, a copy of the cancellation letter shall be sent to the respective State Board and accordingly the State Board shall cancel the registration of such clinics and banks. **19.** **Appeal. — The clinic or bank or the commissioning couple or the woman may, within a** period of thirty days from the date of receipt of the communication relating to order of rejection of application, suspension or cancellation of registration passed by the appropriate authority under section 16 or section 18, prefer an appeal against such order to— 10 ----- (a) the State Government, where the appeal is against the order of the appropriate authority of a State; (b) the Central Government, where the appeal is against the order of the appropriated authority of a Union territory, in such manner as may be prescribed. **20. Power to inspect premises, etc.— The National Board, the National Registry and the State** Board shall have the power to, — (i) inspect, any premises relating to assisted reproductive technology; or (ii) call for any document or material, in exercise of their powers and discharge of their functions. # CHAPTER IV DUTIES OF ASSISTED REPRODUCTIVE TECHNOLOGY CLINIC AND ASSISTED REPRODUCTIVE TECHNOLOGY BANK **21.** **General duties of assisted reproductive technology clinics and banks. — The clinics and** banks shall perform the following duties, namely:— (a) the clinics and banks shall ensure that commissioning couple, woman and donors of gametes are eligible to avail the assisted reproductive technology procedures subject to such criteria as may be prescribed; (b) the clinics shall obtain donor gametes from the banks and such banks shall ensure that the donor has been medically tested for such diseases as may be prescribed; (c) the clinics shall— (i) provide professional counselling to commissioning couple and woman about all the implications and chances of success of assisted reproductive technology procedures in the clinic; (ii) inform the commissioning couple and woman of the advantages, disadvantages and cost of the procedures, their medical side effects, risks including the risk of multiple pregnancy; and (iii) help the commissioning couple or woman to arrive at an informed decision on such matters that would most likely be the best for the commissioning couple; (d) the clinics shall make commissioning couple or woman, aware of the rights of a child born through the use of assisted reproductive technology; (e) the clinics and banks shall ensure that information about the commissioning couple, woman and donor shall be kept confidential and the information about treatment shall not be disclosed to anyone except to the database to be maintained by the National Registry, in a medical emergency at the request of the commissioning couple to whom the information relates, or by an order of a court of competent jurisdiction; (f) every clinic and every bank shall maintain a grievance cell in respect of matters relating to such clinics and banks and the manner of making a compliant before such grievance cell shall be such as may be prescribed; 11 ----- (g) the clinics shall apply the assisted reproductive technology services, — (i) to a woman above the age of twenty-one years and below the age of fifty years; (ii) to a man above the age of twenty-one years and below the age of fifty-five years; (h) the clinics shall issue to the commissioning couple or woman a discharge certificate stating details of the assisted reproductive technology procedure performed on the commissioning couple or woman; (i) all clinics and banks shall co-operate and make available their premises for physical inspection by the National Board, National Registry and State Boards; (j) all clinics and banks shall provide all information related to— (i) enrolment of the commissioning couple, woman and gamete donors; (ii) the procedure being undertaken; and (iii) outcome of the procedure, complications, if any, to the National Registry periodically, in such manner as may be prescribed. **22. Written informed consent. — (1) The clinic shall not perform any treatment or procedure** without— (a) the written informed consent of all the parties seeking assisted reproductive technology; (b) an insurance coverage of such amount as may be prescribed for a period of twelve months in favour of the oocyte donor by the commissioning couple or woman from an insurance company or an agent recognised by the Insurance Regulatory and Development Authority established under the provisions of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999). (2) The clinics and banks shall not cryo-preserve any human embryos or gamete, without specific instructions and consent in writing from all the parties seeking assisted reproductive technology, in case of death or incapacity of any of the parties. (3) The clinic shall not use any human reproductive material, except in accordance with the provisions of this Act to create a human embryo or use an _in-vitro human embryo for any purpose_ without the specific consent in writing of all the concerned persons to whom the assisted reproductive technology relates. (4) Any of the commissioning couple may withdraw his or her consent under sub-section (1), any time before the human embryos or the gametes are transferred to the concerned woman's uterus. _Explanation. —For the purposes of this section, the expressions—_ (i) “cryo-preserve” means the freezing and storing of gametes, zygotes, embryos, ovarian and testicular tissues; (ii) “insurance” means an arrangement by which a company, individual or commissioning couple undertake to provide a guarantee of compensation for specified loss, damage, complication or death of oocyte donor during the process of oocyte retrieval; and (iii) “parties” includes the commissioning couple or woman and the donor. **23. Duties of assisted reproductive technology clinics and banks to keep accurate records. —** The duties of clinics and banks while keeping the records relating to such clinics and banks are as under:— 12 ----- (a) all clinics and banks shall maintain detailed records of all donor’s oocytes, sperm or embryos used or unused, the manner and technique of their use in such manner as may be prescribed; (b) all clinics and banks shall, as and when the National Registry is established, submit by online, — (i) all information available with them in regard to progress of the commissioning couple or woman; and (ii) information about number of donors (sperm and oocyte), screened, maintained and supplied and the like to the National Registry within a period of one month from the date of receipt of such information; (c) the records maintained under clause (a) shall be maintained for at least a period of ten years, upon the expiry of which the clinic and bank shall transfer the records to a central database of the National Registry: Provided that if any criminal or other proceedings are instituted against any clinics or banks, the records and all other documents of such clinics and banks shall be preserved till the final disposal of such proceedings; (d) in the event of the closure of any clinic or bank before the expiry of the period of ten years under clause (c), such clinic or bank shall immediately transfer the records to the central database of the National Registry; and (e) all such records shall, at all reasonable times, be made available for inspection to the National Board or the National Registry or the State Board or to any other person authorised by the National Board in this behalf. **24. Duties of assisted reproductive technology clinics using human gametes and embryos. —** While using human gametes and embryos, the duties to be performed by the clinics and banks shall be as under:— (a) the clinics shall retrieve oocytes in such manner as may be specified by regulations; (b) not more than three oocytes or embryos may be placed in the uterus of a woman during the treatment cycle in such manner as may be specified by regulations; (c) a woman shall not be treated with gametes or embryos derived from more than one man or woman during any one treatment cycle; (d) a clinic shall never mix semen from two individuals for the procedures specified under this Act; (e) the embryos shall not be split and used for twinning to increase the number of available embryos; (f) the collection of gametes posthumously shall be done only if prior consent of the commissioning couple is available in such manner as may be prescribed; (g) the clinic shall not use ovum that are derived from a foetus, in any process of _in-vitro_ fertilisation; and (h) such other duties as may be prescribed. 13 ----- _Explanation.—For the purposes of this section, the expression—_ (i) “fertilisation” means the penetration of the ovum by the spermatozoon and fusion of genetic materials resulting in the development of a zygote; and (ii) “foetus” means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation and ending at birth or abortion. **25. Preimplantation Genetic Diagnosis. —(1) The Pre-implantation Genetic testing shall be used** to screen the human embryo for known, pre-existing, heritable or genetic diseases only. (2) The donation of an embryo after Pre-implantation Genetic Diagnosis to an approved research laboratory for research purposes shall be done only— (a) with the approval of the commissioning couple or woman; and (b) when the embryo suffers from pre-existing, heritable, life-threatening or genetic diseases. (3) The National Board may lay down such other conditions as it deems fit in the interests of the Pre-implantation Genetic testing. _Explanation.—For the purposes of this section, the expression—_ (i) “Pre-implantation Genetic Diagnosis” means the genetic diagnosis when one or both genetic parents has a known genetic abnormality and testing is performed on an embryo to determine if it also carries a genetic abnormality; and (ii) “Pre-implantation Genetic testing” means a technique used to identify genetic defects in embryos created through in-vitro fertilisation before pregnancy. **26. Sex selection.— (1) Subject to the provisions of the Pre-conception and Pre-natal Diagnostic** Techniques (Prohibition of Sex Selection) Act, 1994, (57 of 1994) the clinic shall not offer to provide a couple or woman with a child of a pre-determined sex. (2) It is prohibited for anyone to do any act, at any stage, to determine the sex of the child to be born through the process of assisted reproductive technology to separate, or yield fractions enriched in sperm of X or Y variations. (3) A person shall not knowingly provide, prescribe or administer anything that shall ensure or increase the probability that an embryo shall be of a particular sex, or that shall identify the sex of an in-vitro embryo, except to diagnose, prevent or treat a sex-linked disorder or disease. **27. Sourcing of gametes by assisted reproductive technology banks. — (1) The screening of** gamete donors, the collection, screening and storage of semen; and provision of oocyte donor, shall be done only by a bank registered as an independent entity under the provisions of this Act. (2) The banks shall— (a) obtain semen from males between twenty-one years of age and fifty-five years of age, both inclusive; (b) obtain oocytes from females between twenty-three years of age and thirty-five years of age; and (c) examine the donors for such diseases, as may be prescribed. (3) A bank shall not supply the sperm or oocyte of a single donor to more than one commissioning couple. 14 ----- (4) An oocyte donor shall donate oocytes only once in her life and not more than seven oocyte shall be retrieved from the oocyte donor. (5) All unused oocytes shall be preserved by the banks for use on the same recipient, or given for research to an organisation registered under this Act after seeking written consent from the commissioning couple. (6) A bank shall obtain all necessary information in respect of a sperm or oocyte donor, # including the name, Aadhaar number as defined in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, address and any other details of such donor, in such manner as may be prescribed, and shall undertake in writing from such donor about the confidentiality of such information. _Explanation. —For the purposes of this section, the expressions—_ (i) “retrieval” means a procedure of removing oocytes from the ovaries of a woman; (ii) “screening” means the genetic test performed on embryos produced through _in-vitro_ fertilisation. **28. Storage and handling of human gametes and embryos. — (1) The standards for the storage** and handling of gametes, gonadal tissues and human embryos in respect of their security, recording and identification shall be such as may be prescribed. (2) The gamete of a donor or embryo shall be stored for a period of not more than ten years and at the end of such period such gamete or embryo shall be allowed to perish or be donated to a research organisation registered under this Act for research purposes with the consent of the commissioning couple or individual, in such manner as may be prescribed. **29. Restriction on sale, etc., of human gametes, zygotes and embryos. — The sale, transfer or** use of gametes, zygotes and embryos, or any part thereof or information related thereto, directly or indirectly to any party within or outside India shall be prohibited except in the case of transfer of own gametes and embryos for personal use with the permission of the National Board. _Explanation. —For the purposes of this section, the expression “zygote” means the fertilised_ oocyte prior to the first cell division. **30. Research on human gametes and embryos. — (1) The use of any human gametes and** embryos or their transfer to any country outside India for research shall be absolutely prohibited. (2) The research on human gamete or embryo within India shall be performed in such manner as may be prescribed. **31. Rights of child born through assisted reproductive technology. — (1) The child born** through assisted reproductive technology shall be deemed to be a biological child of the commissioning couple and the said child shall be entitled to all the rights and privileges available to a natural child only from the commissioning couple under any law for the time being in force. (2) A donor shall relinquish all parental rights over the child or children which may be born from his or her gamete. 15 ----- # CHAPTER V OFFENCES AND PENALTIES **32.** **Sex selective assisted reproductive technology. — (1) The clinic, or bank or agent** # thereof, shall not issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner including internet, regarding facilities of sex selective assisted reproductive technology. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with # imprisonment for a term which shall not be less than five years but may extend to ten years or with fine which shall not be less than ten lakh rupees but may extend to twenty-five lakh rupees or with both. **33. Offences and penalties. — (1) Any medical geneticist, gynaecologist, registered medical** # practitioner or any person shall not— (a) abandon, disown or exploit or cause to be abandoned, disowned or exploited in any form the child or children born through assisted reproductive technology; (b) sell human embryos or gametes, run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes; (c) import or help in getting imported in whatsoever manner, the human embryos or human gametes; (d) exploit the commissioning couple, woman or the gamete donor in any form; (e) transfer human embryo into a male person or an animal; (f) sell any human embryo or gamete for the purpose of research; or (g) use any intermediates to obtain gamete donors or purchase gamete donors. (2) Whoever contravenes the provisions of clauses (a) to (g) of sub-section (1), shall be punishable with a fine which shall not be less than five lakh rupees but may extend to ten lakh rupees for the first contravention and for subsequent contravention, shall be punishable with imprisonment for a term which shall not be less than three years but may extend to eight years and with fine which shall not be less than ten lakh rupees but may extend to twenty lakh rupees. **34.** **Punishment for contravention of provisions of Act or rules for which no specific** # punishment is provided. — Whoever contravenes any of the provisions of this Act or any rules made thereunder, for which no penalty has been provided in this Act shall be punishable as per sub-section (2) of section 33. **35. Cognizance of offences. — (1) No court shall take cognizance of any offence punishable** # under this Act, save on a complaint made by the National Board or the State Board or by an officer authorised by it. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. **36. Offences to be cognizable and bailable. — Notwithstanding anything contained in the** # Code of Crimincal Procedure, 1973 (2 of 1974), all the offences under this Act shall be cognizable and bailable. 16 ----- **37.** **Offences by clinics or banks.— (1) Where an offence under this Act has been** # committed by any clinic or bank, the executive head of such clinic or bank shall be deemed to be guilty of an offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by any clinic or bank and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the executive head of the clinic or bank, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. CHAPTER VI MISCELLANEOUS **38.** **Power of Central Government to issue directions to National Board, National** # Registry and appropriate authority.—(1) The Central Government may, from time to time issue to the National Board, the National Registry and the appropriate authority with respect to the Union territory, such directions as it may think necessary in the interest of the sovereignty and integrity of India, security of the State, friendly relation with foreign States, public order, decency or morality. (2) Without prejudice to the foregoing provisions of this Act, the National Board, the National Registry and the appropriate authority shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy as the Central Government or the State Government, as the case may be, may give in writing to it from time to time: Provided that the National Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under sub-section (1). (3) If any dispute arises between the Central Government and the National Board as to whether a question is or is not a question of policy, the decision of the Central Government shall be final. **39. Power of State Government to issue directions to State Board, etc.— (1) The State** # Government may, from time to time issue to the State Board and to the appropriate authority with respect to the State Government such directions as it may think necessary in the interest of the sovereignty and integrity of India, security of the State, friendly relation with foreign States, public order, decency or morality. (2) Without prejudice to the foregoing provisions of this Act, the State Board and the appropriate authority shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy as the State Government may give in writing to it from time to time: Provided that the State Board and the appropriate authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under sub-section (1). 17 ----- # (3) If any dispute arises between the State Government and the State Board as to whether a question is or is not a question of policy, the decision of the State Government shall be final. **40.** **Power to search and seize records, etc.—(1) If the National Board, the National** # Registry or the State Board has reason to believe that an offence under this Act has been or is being committed at any facility using assisted reproductive technology, such Board or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such Board or officer considers necessary, such facility using assisted reproductive technology and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize the same, if the said Board has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act. **41.** **Protection of action taken in good faith.— No suit, prosecution or other legal** # proceeding shall lie against the Central Government or the State Government or the National Board or the National Registry or the State Board or the appropriate authority or any other officer authorised by the Central Government or the State Government or the National Board or the National Registry or the State Board or the appropriate authority for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act or the rules or regulations made thereunder. **42. Power to make rules. — (1) The Central Government may by notification make rules** # for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the other powers and functions of the National Board under clause (g) of section 5; (b) the other powers and functions of the State Board under clause (b) of sub-section (2) of section 8; (c) the terms of office and other conditions of service of scientific, technical and other employees of the National Registry under section 10; (d) the other functions of the National Registry under clause (d) of section 11; (e) the other functions of the appropriate authority under clause (h) of section 13; (f) the other powers to be exercised by the appropriate authority under clause (d) of sub-section (1) of section 14; (g) the format for granting of licences to the clinic or bank by the appropriate authority under sub-section (2) of section 14; (h) the form and manner in which an application shall be made for registration and fee payable thereof under sub-section (2) of section 15; (i) the facilities and equipments to be provided and maintained by the clinics and banks under sub-section (4) of section 15; 18 ----- # (j) the conditions, form and fee for application of renewal of the registration of clinic or bank under section 17; (k) the manner in which an appeal may be preferred to the State Government or the Central Government under section 19; (l) the criteria for availing the assisted reproductive technology procedures under clause (a) of section 21; (m) the medical examination of the diseases with respect to which the donor shall be tested under clause (b) of section 21; (n) the manner of making a complaint before a grievance cell and the mechanism adopted by the clinic under clause (f) of section 21; (o) the manner of providing information by the clinics and banks to the National Registry under clause (j) of section 21; (p) the amount of insurance coverage for oocyte donor under clause (b) of sub-section (1) of section 22; (q) the manner of maintaining the records by the clinics and banks under clause (a) of section 23; (r) the manner of collection of gametes posthumously under clause (f) of section 24; (s) the other duties of clinics under clause (h) of section 24; (t) the examination of the donors by the assisted reproductive technology banks for diseases under clause (c) of sub-section (2) of section 27; (u) the manner of obtaining information in respect of a sperm or oocyte donor by a bank under sub-section (6) of section 27; (v) the standards for the storage and handling of gametes, human embryos in respect of their security, recording and identification under sub-section (1) of section 28; (w) the manner of obtaining the consent of the commissioning couple or individual for perishing or donating the gametes of a donor or embryo under sub-section (2) of section 28; (x) the manner of performing research on human gametes or embryo within India under sub-section (2) of section 30; (y) the manner of entry and search by the National Board, the National Registry or the State Board or any officer authorised by it under sub-section (1) of section 40; (z) any other matter which is to be, or may be prescribed, or in respect of which provision is to be made by rules. **43. Power to make regulations. — (1) The National Board may, with the prior approval of** # the Central Government, by notification make regulations consistent with this Act and the rules made thereunder to carry out the provisions of the Act; (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the manner of retrieving the oocytes under clause (a) of section 24; 19 ----- # (b) the manner of placing the oocytes or embryos in the uterus of a woman under clause (b) of section 24; and (c) any other matter which is required to be, specified by regulations or in respect of which provision is to be made by regulations. **44.** **Laying of rules, regulations and notifications.— Every rule or regulation made and** # notification issued under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rules or regulations or notifications, as the case may be or both Houses agree that the rules or regulations or notifications, as the case may be, should not be made or issued, such rules or regulations or notifications, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be. **45.** **Application of other laws not barred. — The provisions of this Act shall be in** # addition to, and not in derogation of, the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994) and the Clinical Establishment (Registration and Regulation) Act, 2010 (23 of 2010) or of any other law for the time being in force. **46.** **Power to remove difficulties. — (1) If any difficulty arises in giving effect to the** # provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be made, be laid before each House of Parliament. 20 -----

25-Dec-2021

47

The Surrogacy (Regulation) Act, 2021

https://www.indiacode.nic.in/bitstream/123456789/17046/1/A2021-47.pdf

central

# THE SURROGACY (REGULATION) ACT, 2021 ______________ ARRANGEMENT OF SECTIONS ______________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II REGULATION OF SURROGACY CLINICS 3. Prohibition and regulation of surrogacy clinics. CHAPTER III REGULATION OF SURROGACY AND SURROGACY PROCEDURES 4. Regulation of surrogacy and surrogacy procedures. 5. Prohibition of conducting surrogacy. 6. Written informed consent of surrogate mother. 7. Prohibition to abandon child born through surrogacy. 8. Rights of surrogate child. 9. Number of oocytes or human embryos to be implanted. 10. Prohibition of abortion. CHAPTER IV REGISTRATION OF SURROGACY CLINICS 11. Registration of surrogacy clinics. 12. Certificate of registration. 13. Cancellation or suspension of registration . 14. Appeal. 15. Establishment of National Assisted Reproductive Technology and Surrogacy Registry. 16. Application of provisions of Assisted Reproductive Technology Act with respect to National Registry. CHAPTER V NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD AND STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARDS 17. Constitution of National Assisted Reproductive Technology and Surrogacy Board. 18. Term of office of Members. 19. Meetings of Board. 20. Vacancies, etc., not to invalidate proceedings of Board. 21. Disqualifications for appointment as Member. 22. Temporary association of persons with Board for particular purposes. 1 ----- SECTIONS 23. Authentication of orders and other instruments of Board. 24. Eligibility of Member for re-appointment. 25. Functions of Board. 26. Constitution of State Assisted Reproductive Technology and Surrogacy Board. 27. Composition of State Board. 28. Term of office of members. 29. Meetings of State Board. 30. Vacancies, etc., not to invalidate proceedings of State Board. 31. Disqualifications for appointment as member. 32. Temporary association of persons with State Board for particular purposes. 33. Authentication of orders and other instruments of State Board. 34. Eligibility of member for re-appointment. CHAPTER VI APPROPRIATE AUTHORITY 35. Appointment of appropriate authority. 36. Functions of appropriate authority. 37. Powers of appropriate authorities. CHAPTER VII OFFENCES AND PENALTIES 38. Prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy. 39. Punishment for contravention of provisions of Act. 40. Punishment for not following altruistic surrogacy. 41. Penalty for contravention of provisions of Act or rules for which no specific punishment is provided. 42. Presumption in the case of surrogacy. 43. Offence to be cognizable, non-baliable and non-compoundable. 44. Cognizance of offences. 45. Certain provisions of Code of Criminal Procedure, 1973 not to apply. CHAPTER VIII MISCELLANEOUS 46. Maintenance of records. 47. Power to search and seize records, etc. 48. Protection of action taken in good faith. 49. Application of other laws not barred. 50. Power to make rules. 51. Power to make regulations. 52. Rules and regulations to be laid before Parliament. 53. Transitional provision. 54. Power to remove difficulties. 2 ----- # THE SURROGACY (REGULATION) ACT, 2021 ACT NO. 47 OF 2021 [25th December, 2021.] # An Act to constitute National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards and appointment of appropriate authorities for regulation of the practice and process of surrogacy and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Surrogacy** (Regulation) Act, 2021. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions. — (1) In this Act, unless the context otherwise requires,—** (a) “abandoned child” means a child born out of surrogacy procedure who has been deserted by his intending parents or guardians and declared as abandoned by the appropriate authority after due enquiry; (b) “altruistic surrogacy” means the surrogacy in which no charges, expenses, fees, remuneration or monetary incentive of whatever nature, except the medical expenses and such other prescribed expenses incurred on surrogate mother and the insurance coverage for the surrogate mother, are given to the surrogate mother or her dependents or her representative; (c) “appropriate authority” means the appropriate authority appointed under Section 35; (d) “Assisted Reproductive Technology Act” means the Assisted Reproductive Technology (Regulation) Act, 2021; (e) “Board” means the National Assisted Reproductive Technology and Surrogacy Board constituted under Section 17; (f) “clinical establishment” shall have the same meaning as assigned to it in the Clinical Establishments (Registration and Regulation) Act, 2010 (23 of 2010); (g) “commercial surrogacy” means commercialisation of surrogacy services or procedures or its component services or component procedures including selling or buying of human embryo or trading in the sale or purchase of human embryo or gametes or selling or buying or trading the services of surrogate motherhood by way of giving payment, reward, benefit, fees, remuneration or monetary incentive in cash or kind, to the surrogate mother or her dependents or her representative, except the medical expenses and such other prescribed expenses incurred on the surrogate mother and the insurance coverage for the surrogate mother; 1. 25th January, 2021, _vide Notification no. S.O. 292(E), dated 20[th] January, 2021,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3 (ii). 3 ----- (h) “couple” means the legally married Indian man and woman above the age of 21 years and 18 years respectively; (i) “egg” includes the female gamete; (j) “embryo” means a developing or developed organism after fertilisation till the end of fifty six days; (k) “embryologist” means a person who possesses any post-graduate medical qualification or doctoral degree in the field of embryology or clinical embryology from a recognised university with not less than two years of clinical experience; (l) “fertilisation” means the penetration of the ovum by the spermatozoan and fusion of genetic materials resulting in the development of a zygote; (m) “foetus” means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth; (n) “gamete” means sperm and oocyte; (o) “gynaecologist” shall have the same meaning as assigned to it in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994); (p) “implantation” means the attachment and subsequent penetration by the zona-free blastocyst, which starts five to seven days following fertilisation; (q) “insurance” means an arrangement by which a company, individual or intending couple undertake to provide a guarantee of compensation for medical expenses, health issues, specified loss, damage, illness or death of surrogate mother and such other prescribed expenses incurred on such surrogate mother during the process of surrogacy; (r) “intending couple” means a couple who have a medical indication necessitating gestational surrogacy and who intend to become parents through surrogacy; (s) “intending woman” means an Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the surrogacy; (t) “Member” means a Member of the National Assisted Reproductive Technology and Surrogacy Board or a State Assisted Reproductive Technology and Surrogacy Board, as the case may be; (u) “notification” means a notification published in the Official Gazette; (v) “oocyte” means naturally ovulating oocyte in the female genetic tract; (w) “Paediatrician” means a person who possesses a post-graduate qualification in paediatrics as recognised under the Indian Medical Council Act, 1956 (102 of 1956); (x) “prescribed” means prescribed by rules made under this Act; (y) “registered medical practitioner” means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of Section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register; (z) “regulation” means regulations made by the Board under this Act; 4 ----- (za) “sex selection” shall have the same meaning as assigned to it in clause (o) of Section 2 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994); (zb) “State Board” means the State Assisted Reproductive Technology and Surrogacy Board constituted under section 26; (zc) “State Government” in relation to Union territory with Legislature, means the Administrator of the Union territory appointed by the President under article 239 of the Constitution; (zd) “surrogacy” means a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth; (ze) “surrogacy clinic” means surrogacy clinic, centre or laboratory, conducting assisted reproductive technology services, invitro fertilisation services, genetic counselling centre, genetic laboratory, Assisted Reproductive Technology Banks conducting surrogacy procedure or any clinical establishment, by whatsoever name called, conducting surrogacy procedures in any form; (zf) “surrogacy procedures” means all gynaecological, obstetrical or medical procedures, techniques, tests, practices or services involving handling of human gametes and human embryo in surrogacy; (zg) “surrogate mother” means a woman who agrees to bear a child (who is genetically related to the intending couple or intending woman) through surrogacy from the implantation of embryo in her womb and fulfils the conditions as provided in sub-clause (b) of clause (iii) of Section 4; (zh) “zygote” means the fertilised oocyte prior to the first cell division. (2) Words and expressions used herein and not defined in this Act but defined in the Assisted Reproductive Technology Act shall have the meanings respectively assigned to them in that Act. CHAPTER II REGULATION OF SURROGACY CLINICS **3. Prohibition and regulation of surrogacy clinics.—On and from the date of commencement of** this Act, — (i) no surrogacy clinic, unless registered under this Act, shall conduct or associate with, or help in any manner, in conducting activities relating to surrogacy and surrogacy procedures; (ii) no surrogacy clinic, paediatrician, gynaecologist, embryologist, registered medical practitioner or any person shall conduct, offer, undertake, promote or associate with or avail of commercial surrogacy in any form; _(iii) no surrogacy clinic shall employ or cause to be employed or take services of any person,_ whether on honorary basis or on payment, who does not possess such qualifications as may be prescribed; (iv) no registered medical practitioner, gynaecologist, paediatrician, embryologist or any other person shall conduct or cause to be conducted or aid in conducting by himself or through any other person surrogacy or surrogacy procedures at a place other than a place registered under this Act; 5 ----- (v) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, embryologist or any other person shall promote, publish, canvass, propagate or advertise or cause to be promoted, published, canvassed, propagated or advertised which— (a) is aimed at inducing or is likely to induce a woman to act as a surrogate mother; (b) is aimed at promoting a surrogacy clinic for commercial surrogacy or promoting commercial surrogacy in general; (c) seeks or aimed at seeking a woman to act as a surrogate mother; (d) states or implies that a woman is willing to become a surrogate mother; or (e) advertises commercial surrogacy in print or electronic media or in any other form; (vi) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, embryologist, intending couple or any other person shall conduct or cause abortion during the period of surrogacy without the written consent of the surrogate mother and on authorisation of the same by the appropriate authority concerned: Provided that the authorisation of the appropriate authority shall be subject to, and in compliance with, the provisions of the Medical Termination of Pregnancy Act, 1971 (34 of 1971); (vii) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, embryologist, intending couple or any other person shall store a human embryo or gamete for the purpose of surrogacy: Provided that nothing contained in this clause shall affect such storage for other legal purposes like sperm banks, IVF and medical research for such period and in such manner as may be prescribed; (viii) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, embryologist, intending couple or any other person shall in any form conduct or cause to be conducted sex selection for surrogacy. CHAPTER III REGULATION OF SURROGACY AND SURROGACY PROCEDURES **4. Regulation of surrogacy and surrogacy procedures.— On and from the date of** commencement of this Act, — (i) no place including a surrogacy clinic shall be used or cause to be used by any person for conducting surrogacy or surrogacy procedures, except for the purposes specified in clause (ii) and after satisfying all the conditions specified in clause (iii); (ii) no surrogacy or surrogacy procedures shall be conducted, undertaken, performed or availed of, except for the following purposes, namely: (a) when an intending couple has a medical indication necessitating gestational surrogacy: Provided that a couple of Indian origin or an intending woman who intends to avail surrogacy, shall obtain a certificate of recommendation from the Board on an application made by the said persons in such form and manner as may be prescribed. _Explanation.—For the purposes of this sub-clause and item (I) of sub-clause (a) of clause_ (iii) the expression “gestational surrogacy” means a practice whereby a surrogate mother carries 6 ----- a child for the intending couple through implantation of embryo in her womb and the child is not genetically related to the surrogate mother; (b) when it is only for altruistic surrogacy purposes; (c) when it is not for commercial purposes or for commercialisation of surrogacy or surrogacy procedures; (d) when it is not for producing children for sale, prostitution or any other form of exploitation; and (e) any other condition or disease as may be specified by regulations made by the Board; (iii) no surrogacy or surrogacy procedures shall be conducted, undertaken, performed or initiated, unless the Director or in-charge of the surrogacy clinic and the person qualified to do so are satisfied, for reasons to be recorded in writing, that the following conditions have been fulfilled, namely:— (a) the intending couple is in possession of a certificate of essentiality issued by the appropriate authority, after satisfying itself, for the reasons to be recorded in writing, about the fulfilment of the following conditions, namely: — (I) a certificate of a medical indication in favour of either or both members of the intending couple or intending woman necessitating gestational surrogacy from a District Medical Board. _Explanation.—For the purposes of this item, the expression “District Medical Board”_ means a medical board under the Chairpersonship of Chief Medical Officer or Chief Civil Surgeon or Joint Director of Health Services of the district and comprising of at least two other specialists, namely, the chief gynaecologist or obstetrician and chief paediatrician of the district; (II) an order concerning the parentage and custody of the child to be born through surrogacy, has been passed by a court of the Magistrate of the first class or above on an application made by the intending couple or the intending woman and the surrogate mother, which shall be the birth affidavit after the surrogate child is born; and (III) an insurance coverage of such amount and in such manner as may be prescribed in favour of the surrogate mother for a period of thirty-six months covering postpartum delivery complications from an insurance company or an agent recognised by the Insurance Regulatory and Development Authority established under the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (b) the surrogate mother is in possession of an eligibility certificate issued by the appropriate authority on fulfilment of the following conditions, namely: — (I) no woman, other than an ever married woman having a child of her own and between the age of 25 to 35 years on the day of implantation, shall be a surrogate mother or help in surrogacy by donating her egg or oocyte or otherwise; _(II) a willing woman shall act as a surrogate mother and be permitted to undergo_ surrogacy procedures as per the provisions of this Act: 7 ----- Provided that the intending couple or the intending woman shall approach the appropriate authority with a willing woman who agrees to act as a surrogate mother; (III) no woman shall act as a surrogate mother by providing her own gametes; (IV) no woman shall act as a surrogate mother more than once in her lifetime: Provided that the number of attempts for surrogacy procedures on the surrogate mother shall be such as may be prescribed; and (V) a certificate of medical and psychological fitness for surrogacy and surrogacy procedures from a registered medical practitioner; (c) an eligibility certificate for intending couple is issued separately by the appropriate authority on fulfilment of the following conditions, namely:- (I) the intending couple are married and between the age of 23 to 50 years in case of female and between 26 to 55 years in case of male on the day of certification; (II) the intending couple have not had any surviving child biologically or through adoption or through surrogacy earlier: Provided that nothing contained in this item shall affect the intending couple who have a child and who is mentally or physically challenged or suffers from life threatening disorder or fatal illness with no permanent cure and approved by the appropriate authority with due medical certificate from a District Medical Board; and (III) such other conditions as may be specified by the regulations. **5. Prohibition of conducting surrogacy.— No person including a relative or husband of a** surrogate mother or intending couple or intending woman shall seek or encourage to conduct any surrogacy or surrogacy procedures on her except for the purpose specified in clause (ii) of section 4. **6. Written informed consent of surrogate mother.—(1) No person shall seek or conduct** surrogacy procedures unless he has— (i) explained all known side effects and after effects of such procedures to the surrogate mother concerned; and (ii) obtained in the prescribed form, the written informed consent of the surrogate mother to undergo such procedures in the language she understands. (2) Notwithstanding anything contained in sub-section (1), the surrogate mother shall have an option to withdraw her consent for surrogacy before the implantation of human embryo in her womb. **7. Prohibition to abandon child born through surrogacy.— The intending couple or intending** woman shall not abandon the child, born out of a surrogacy procedure, whether within India or outside, for any reason whatsoever, including but not restricted to, any genetic defect, birth defect, any other medical condition, the defects developing subsequently, sex of the child or conception of more than one baby and the like. **8. Rights of surrogate child.— A child born out of surrogacy procedure, shall be deemed to be a** biological child of the intending couple or intending woman and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time being in force 8 ----- **9. Number of oocytes or human embryos to be implanted.— The number of oocytes or human** embryos to be implanted in the uterus of the surrogate mother for the purpose of surrogacy, shall be such as may be prescribed. **10. Prohibition of abortion.— No person, organisation, surrogacy clinic, laboratory or clinical** establishment of any kind shall force the surrogate mother to abort at any stage of surrogacy except in such conditions as may be prescribed. CHAPTER IV REGISTRATION OF SURROGACY CLINICS **11. Registration of surrogacy clinics.— (1) No person shall establish any surrogacy clinic for** undertaking surrogacy or to render surrogacy procedures in any form unless such clinic is duly registered under this Act. (2) Every application for registration under sub-section (1) shall be made to the appropriate authority in such form, manner and shall be accompanied by such fees as may be prescribed. (3) Every surrogacy clinic which is conducting surrogacy or surrogacy procedures, partly or exclusively, referred to in clause (ii) of section 4 shall, within a period of sixty days from the date of appointment of appropriate authority, apply for registration: Provided that such clinic shall cease to conduct any such counselling or procedures on the expiry of six months from the date of commencement of this Act, unless such clinic has applied for registration and is so registered separately or till such application is disposed of, whichever is earlier. (4) No surrogacy clinic shall be registered under this Act, unless the appropriate authority is satisfied that such clinic is in a position to provide such facilities and maintain such equipment and standards including specialised manpower, physical infrastructure and diagnostic facilities as may be prescribed. **12. Certificate of registration.— (1) The appropriate authority shall after holding an enquiry and** after satisfying itself that the applicant has complied with all the requirements of this Act and the rules and regulations made thereunder, grant a certificate of registration to the surrogacy clinic, within a period of ninety days from the date of application received by it, in such form, on payment of such fees and in such manner, as may be prescribed. (2) Where, after the inquiry and after giving an opportunity of being heard to the applicant, the appropriate authority is satisfied that the applicant has not complied with the requirements of this Act or the rules or regulations made thereunder, it shall, for reasons to be recorded in writing, reject the application for registration. (3) Every certificate of registration shall be valid for a period of three years and shall be renewed in such manner and on payment of such fees as may be prescribed. (4) The certificate of registration shall be displayed by the surrogacy clinic at a conspicuous place. **13. Cancellation or suspension of registration.— (1) The appropriate authority may, suo motu or** on receipt of a complaint, issue a notice to the surrogacy clinic to show cause as to why its registration should not be suspended or cancelled for the reasons mentioned in the notice. (2) If after giving a reasonable opportunity of being heard to the surrogacy clinic, the appropriate authority is satisfied that there has been a breach of the provisions of the Act or the rules or regulations made thereunder, it may, without prejudice to any criminal action that it may take against such clinic, suspend its registration for such period as it may think fit or cancel its registration, as the case may be. 9 ----- (3) Notwithstanding anything contained in sub-sections (1) and (2), if the appropriate authority is of the opinion that it is necessary or expedient to do so in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any surrogacy clinic without issuing any notice under sub-section (1). **14. Appeal.— The surrogacy clinic or the intending couple or the intending woman may, within a** period of thirty days from the date of receipt of the communication relating to order of rejection of application, suspension or cancellation of registration passed by the appropriate authority under section 13 and communication relating to rejection of the certificates under section 4, prefer an appeal against such order to— (a) the State Government, where the appeal is against the order of the appropriate authority of a State; (b) the Central Government, where the appeal is against the order of the appropriate authority of a Union territory, in such manner as may be prescribed. **15. Establishment of National Assisted Reproductive Technology and Surrogacy Registry.—** There shall be established a Registry to be called the National Assisted Reproductive Technology and Surrogacy Registry for the purposes of registration of surrogacy clinics under this Act. **16. Application of provisions of Assisted Reproductive Technology Act with respect to** **National Registry.— The National Assisted Reproductive Technology and Surrogacy Registry** referred to in section 15 and to be established under section 9 of the Assisted Reproductive Technology Act shall be the National Registry for the purposes of this Act and the functions to be discharged by the said Registry under the Assisted Reproductive Technology Act shall, mutatis mutandis, apply. CHAPTER V NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD AND STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARDS **17. Constitution of National Assisted Reproductive Technology and Surrogacy Board.— (1)** The Central Government shall, by notification, constitute a Board to be known as the National Assisted Reproductive Technology and Surrogacy Board to exercise the powers and perform the functions conferred on the Board under this Act. (2) The Board shall consist of— (a) the Minister in-charge of the Ministry of Health and Family Welfare, the Chairperson, _ex officio;_ (b) the Secretary to the Government of India in-charge of the Department dealing with the surrogacy matter, Vice-Chairperson, ex officio; _(c) three women Members of Parliament, of whom two shall be elected by the House of the_ People and one by the Council of States, Members, ex officio; _(d) three Members of the Ministries of the Central Government in-charge of Women and Child_ Development, Legislative Department in the Ministry of Law and Justice and the Ministry of Home Affairs, not below the rank of Joint Secretary, Members, ex officio; (e) the Director General of Health Services of the Central Government, Member, ex officio; (f) ten expert Members to be appointed by the Central Government in such manner as may be prescribed and two each from amongst— (i) eminent medical geneticists or embryologists; (ii) eminent gynaecologists and obstetricians; (iii) eminent social scientists; 10 ----- (iv) representatives of women welfare organisations; and (v) representatives from civil society working on women's health and child issues, possessing such qualifications and experience as may be prescribed; (g) four Chairpersons of the State Boards to be nominated by the Central Government by rotation to represent the States and the Union territories, two in the alphabetical order and two in the reverse alphabetical order, Member, ex officio; and (h) an officer, not below the rank of a Joint Secretary to the Central Government, in-charge of Surrogacy Division in the Ministry of Health and Family Welfare, who shall be the MemberSecretary, ex officio. **18. Term of office of Members.— (1) The term of office of a Member, other than an ex officio** Member, shall be— (a) in case of election under clause (c) of sub-section (2) of section 17, three years: Provided that the term of such Member shall come to an end as soon as the Member becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People, or the Deputy Chairman of the Council of States or ceases to be a Member of the House from which she was elected; and (b) in case of appointment under clause (f) of sub-section (2) of section 17, three years: Provided that the person to be appointed as Member under this clause shall be of such age as may be prescribed. (2) Any vacancy occurring in the office whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, shall be filled by the Central Government by making a fresh appointment within a period of one month from the date on which such vacancy occurs and the Member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed. (3) The Vice-Chairperson shall perform such functions as may be assigned to him by the Chairperson from time to time. **19. Meetings of Board.— (1) The Board shall meet at such places and times and shall observe** such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be determined by the regulations: Provided that the Board shall meet at least once in six months. (2) The Chairperson shall preside at the meeting of the Board and if for any reason the Chairperson is unable to attend the meeting of the Board, the Vice-Chairperson shall preside at the meetings of the Board. (3) All questions which come up before any meeting of the Board shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence, the Vice-Chairperson shall have a second or casting vote. (4) The Members, other than _ex officio Members, shall receive only compensatory travelling_ expenses for attending the meetings of the Board. **20. Vacancies, etc., not to invalidate proceedings of Board.— No act or proceeding of the Board** shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Board; or (b) any defect in the appointment of a person acting as a Member of the Board; or (c) any irregularity in the procedure of the Board not affecting the merits of the case. **21. Disqualifications for appointment as Member.— (1) A person shall be disqualified for** being appointed and continued as a Member if, he— 11 ----- (a) has been adjudged as an insolvent; or (b) has been convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Member; or (d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as a Member; or (e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or (f) is a practicing member or an office-bearer of any association representing surrogacy clinics, having financial or other interest likely to affect prejudicially, his function as a Member; or (g) is an office-bearer, heading or representing, any of the professional bodies having commercial interest in surrogacy or infertility. (2) The Members referred to in clause (f) of section 17 shall not be removed from their office except by an order of the Central Government on the ground of their proved misbehaviour or incapacity after the Central Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the Central Government, come to the conclusion that the Member ought on any such ground to be removed. (3) The Central Government may suspend any Member against whom an inquiry under sub-section (2) is being initiated or pending until the Central Government has passed an order on receipt of the report of the inquiry. **22. Temporary association of persons with Board for particular purposes.— (1) The Board** may associate with itself, in such manner and for such purposes as may be determined by the regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act. (2) A person associated with the Board under sub-section (1) shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Board and shall not be a Member for any other purpose. **23. Authentication of orders and other instruments of Board.—All orders and decisions of the** Board shall be authenticated by the signature of the Chairperson and all other instruments issued by the Board shall be authenticated by the signature of the Member-Secretary of the Board. **24. Eligibility of Member for re-appointment.—** Subject to other terms and conditions of service as may be prescribed, any person ceasing to be a Member shall be eligible for re-appointment as such Member: Provided that no Member other than an ex officio Member shall be appointed for more than two consecutive terms. **25. Functions of Board.— The Board shall discharge the following functions, namely: —** _(a) to advise the Central Government on policy matters relating to surrogacy;_ (b) to review and monitor the implementation of the Act, and the rules and regulations made thereunder and recommend to the Central Government, changes therein; (c) to lay down the code of conduct to be observed by persons working at surrogacy clinics; (d) to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by the surrogacy clinics; (e) to oversee the performance of various bodies constituted under the Act and take appropriate steps to ensure their effective performance; 12 ----- (f) to supervise the functioning of State Assisted Reproductive Technology and Surrogacy Boards; and (g) such other functions as may be prescribed. **26. Constitution of State Assisted Reproductive Technology and Surrogacy Board.— Each** State and Union territory having Legislature shall constitute a Board to be known as the State Assisted Reproductive Technology and Surrogacy Board or the Union territory Assisted Reproductive Technology and Surrogacy Board, as the case may be, which shall discharge the following functions, namely:— (i) to review the activities of the appropriate authorities functioning in the State or Union territory and recommend appropriate action against them; (ii) to monitor the implementation of the provisions of the Act, and the rules and regulations made thereunder and make suitable recommendations relating thereto, to the Board; _(iii) to send such consolidated reports as may be prescribed, in respect of the various activities_ undertaken in the State under the Act, to the Board and the Central Government; and (iv) such other functions as may be prescribed. **27. Composition of State Board.— The State Board shall consist of.—** (a) the Minister in-charge of Health and Family Welfare in the State, Chairperson, ex officio; (b) the Secretary in-charge of the Department of Health and Family Welfare, Vice-Chairperson, _ex officio;_ (c) Secretaries or Commissioners in-charge of the Departments of Women and Child Development, Social Welfare, Law and Justice and Home Affairs or their nominees, members, ex _officio;_ (d) Director-General of Health and Family Welfare of the State Government, member, _ex_ _officio;_ _(e) three women members of the State Legislative Assembly or Union territory Legislative_ Council, members, ex officio; (f) ten expert members to be appointed by the State Government in such manner as may be prescribed, two each from amongst— (i) eminent medical geneticists or embryologists; (ii) eminent gynaecologists and obstetricians; (iii) eminent social scientists; (iv) representatives of women welfare organisations; and (v) representatives from civil society working on women's health and child issues, possessing such qualifications and experiences as may be prescribed; (g) an officer not below the rank of Joint Secretary to the State Government in-charge of Family Welfare, who shall be the Member-Secretary, ex officio. **28 . Term of office of members.— (1) The term of office of a member, other than an ex officio** member, shall be.— (a) in case of nomination under clause (e) of section 27, three years: Provided that the term of such member shall come to an end as soon as the member becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the Legislative Assembly, or the Deputy Chairman of the Legislative Council or ceases to be a member of the House from which she was elected; and 13 ----- (b) in case of appointment under clause (f) of section 27, three years: Provided that the person to be appointed as member under this clause shall be of such age, as may be prescribed. (2) Any vacancy occurring in the office whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, shall be filled within a period of one month from the date on which such vacancy occurs by the State Government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed. (3) The Vice-Chairperson shall perform such functions as may be assigned to him by the Chairperson from time to time. **29. Meetings of State Board.—(1) The State Board shall meet at such places and times and shall** observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be specified by the regulations: Provided that the State Board shall meet at least once in four months. (2) The Chairperson shall preside at the meetings of the Board and if for any reason the Chairman is unable to attend the meeting of the State Board, the Vice-Chairperson shall preside at the meetings of the State Board. (3) All questions which come up before any meeting of the State Board shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence, the Vice-Chairperson shall have a second or casting vote. (4) The members, other than _ex officio members, shall receive only compensatory travelling_ expenses for attending the meetings of the State Board. **30. Vacancies, etc., not to invalidate proceedings of State Board.— No act or proceeding of the** State Board shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the State Board; or (b) any defect in the appointment of a person acting as a member of the State Board; or (c) any irregularity in the procedure of the State Board not affecting the merits of the case. **31. Disqualifications for appointment as member.—(1) A person shall be disqualified for being** appointed and continued as a member if, he — (a) has been adjudged as an insolvent; or (b) has been convicted of an offence, which in the opinion of the State Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as a member; or (e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or (f) is a practicing member or an office-bearer of any association representing surrogacy clinics, having financial or other interest likely to affect prejudicially, his functions as a member; or (g) is an office-bearer, heading or representing, any of the professional bodies having commercial interest in surrogacy or infertility. (2) The members referred to in clause (f) of section 27 shall not be removed from their office except by an order of the State Government on the ground of their proved misbehaviour or incapacity after the State Government, has, on an inquiry, held in accordance with the procedure prescribed in 14 ----- this behalf by the State Government, come to the conclusion that the member ought on any such ground to be removed. (3) The State Government may suspend any member against whom an inquiry under sub-section (2) is being initiated or pending until the State Government has passed an order on receipt of the report of the inquiry. **32. Temporary association of persons with State Board for particular purposes.—** (1) The State Board may associate with itself, in such manner and for such purposes as may be determined by the regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act. (2) A person associated with it by the State Board under sub-section (1) shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the State Board and shall not be a member for any other purpose. **33 . Authentication of orders and other instruments of State Board.—All orders and decisions** of the State Board shall be authenticated by the signature of the Chairperson and all other instruments issued by the State Board shall be authenticated by the signature of the Member-Secretary of the State Board. **34. Eligibility of member for re-appointment.—** Subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment as such member: Provided that no member other than an _ex officio member shall be appointed for more than two_ consecutive terms. CHAPTER VI APPROPRIATE AUTHORITY **35. Appointment of appropriate authority.— (1) The Central Government shall, within a period** of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate authorities for each of the Union territories for the purposes of this Act and the Assisted Reproductive Technology Act. (2) The State Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate authorities for the whole or any part of the State for the purposes of this Act and the Assisted Reproductive Technology Act. (3) The appropriate authority, under sub-section (1) or sub-section (2), shall,— (a) when appointed for the whole of the State or the Union territory, consist of— (i) an officer of or above the rank of the Joint Secretary of the Health and Family Welfare Department--Chairperson, ex officio; (ii) an officer of or above the rank of the Joint Director of the Health and Family Welfare Department--Vice Chairperson, ex officio; (iii) an eminent woman representing women's organisation--member; _(iv) an officer of Law Department of the State or the Union territory concerned not below_ the rank of a Deputy Secretary--member; and (v) an eminent registered medical practitioner--member: Provided that any vacancy occurring therein shall be filled within one month of the occurrence of such vacancy; (b) when appointed for any part of the State or the Union territory, be officers of such other rank as the State Government or the Central Government, as the case may be, may deem fit. 15 ----- **36. Functions of appropriate authority.—The appropriate authority shall discharge the** following functions, namely:— (a) to grant, suspend or cancel registration of a surrogacy clinic; (b) to enforce the standards to be fulfilled by the surrogacy clinics; (c) to investigate complaints of breach of the provisions of this Act, rules and regulations made thereunder and take legal action as per provision of this Act; (d) to take appropriate legal action against the use of surrogacy by any person at any place other than prescribed, suo motu or brought to its notice, and also to initiate independent investigations in such matter; (e) to supervise the implementation of the provisions of this Act and rules and regulations made thereunder; (f) to recommend to the Board and State Boards about the modifications required in the rules and regulations in accordance with changes in technology or social conditions; (g) to take action after investigation of complaints received by it against the surrogacy clinics; and (h) to consider and grant or reject any application under clause (vi) of section 3 and sub-clauses (a) to (c) of clause (iii) of section 4 within a period of ninety days. **37. Powers of appropriate authorities.— (1) The appropriate authority shall exercise the powers** in respect of the following matters, namely:— (a) summoning of any person who is in possession of any information relating to violation of the provisions of this Act, and rules and regulations made thereunder; (b) production of any document or material object relating to clause (a); (c) search any place suspected to be violating the provisions of this Act, and the rules and regulations made thereunder; and (d) such other powers as may be prescribed. (2) The appropriate authority shall maintain the details of registration of surrogacy clinics, cancellation of registration, renewal of registration, grant of certificates to the intending couple and surrogate mothers or any other matter pertaining to grant of license, etc., of the surrogacy clinics in such format as may be prescribed and submit the same to the National Assisted Reproductive Technology and Surrogacy Board. CHAPTER VII OFFENCES AND PENALTIES **38. Prohibition of commercial surrogacy, exploitation of surrogate mothers and children** **born through surrogacy.—** (1) No person, organisation, surrogacy clinic, laboratory or clinical establishment of any kind shall.— (a) undertake commercial surrogacy, provide commercial surrogacy or its related component procedures or services in any form or run a racket or an organised group to empanel or select surrogate mothers or use individual brokers or intermediaries to arrange for surrogate mothers and for surrogacy procedures, at such clinics, laboratories or at any other place; (b) issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated, any advertisement in any manner regarding commercial surrogacy by any means whatsoever, scientific or otherwise; (c) abandon or disown or exploit or cause to be abandoned, disowned or exploited in any form, the child or children born through surrogacy; 16 ----- (d) exploit or cause to be exploited the surrogate mother or the child born through surrogacy in any manner whatsoever; (e) sell human embryo or gametes for the purpose of surrogacy and run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes for the purpose of surrogacy; (f) import or shall help in getting imported in, whatsoever manner, the human embryo or human gametes for surrogacy or for surrogacy procedures; and (g) conduct sex selection in any form for surrogacy. (2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), contraventions of the provisions of clauses _(a) to (g) of sub-section (1) by any person shall be an offence punishable_ with imprisonment for a term which may extend to ten years and with fine which may extend to ten lakh rupees. (3) For the purposes of this section, the expression “advertisement” includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media, in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal light, sound, smoke or gas. **39. Punishment for contravention of provisions of Act.—** (1) Any registered medical practitioner, gynaecologists, paediatrician, embryologists or any person who owns a surrogacy clinic or employed with such a clinic or centre or laboratory and renders his professional or technical services to or at such clinic or centre or laboratory, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act (other than the provisions referred to in section 38) and rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten lakh rupees. (2) In case of subsequent or continuation of the offence referred to in sub-section (1), the name of the registered medical practitioner shall be reported by the appropriate authority to the State Medical Council concerned for taking necessary action including suspension of registration for a period of five years. **40. Punishment for not following altruistic surrogacy.—Any intending couple or intending** woman or any person who seeks the aid of any surrogacy clinic, laboratory or of a registered medical practitioner, gynaecologist, paediatrician, embryologist or any other person for not following the altruistic surrogacy or for conducting surrogacy procedures for commercial purposes shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees for the first offence and for any subsequent offence with imprisonment which may extend to ten years and with fine which may extend to ten lakh rupees. **41. Penalty for contravention of provisions of Act or rules for which no specific punishment** **is provided.—Whoever contravenes any of the provisions of this Act, rules or regulations made** thereunder for which no penalty has been provided in this Act, shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees and in the case of continuing contravention with an additional fine which may extend to ten thousand rupees for every day during which such contravention continues after conviction for the first such contravention. **42. Presumption in the case of surrogacy.— Notwithstanding anything contained in the Indian** Evidence Act, 1872 (1 of 1872), the court shall presume, unless the contrary is proved, that the women or surrogate mother was compelled by her husband, the intending couple or any other relative, as the case may be, to render surrogacy services, procedures or to donate gametes for the purpose other than those specified in clause (ii) of section 4 and such person shall be liable for abetment of such offence under section 40 and shall be punishable for the offence specified under that section. 17 ----- **43. Offence to be cognizable, non-baliable and non-compoundable.—** Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable, non-bailable and non-compoundable. **44. Cognizance of offences.— (1) No court shall take cognizance of any offence punishable under** this Act except on a complaint in writing made by- (a) the appropriate authority concerned, or any officer or an agency authorised in this behalf by the Central Government or the State Government, as the case may be, or the appropriate authority; or (b) a person including a social organisation who has given notice of not less that fifteen days in the manner prescribed, to the appropriate authority, of the alleged offence and of his intention to make a complaint to the court. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. **45. Certain provisions of Code of Criminal Procedure, 1973 not to apply.—Notwithstanding** anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), Chapter XXI A of the said Code relating to plea bargaining shall not apply to the offences under this Act. CHAPTER VIII MISCELLANEOUS **46. Maintenance of records.— (1) The surrogacy clinic shall maintain all records, charts, forms,** reports, consent letters, agreements and all the documents under this Act and they shall be preserved for a period of twenty-five years or such period as may be prescribed: Provided that, if any criminal or other proceedings are instituted against any surrogacy clinic, the records and all other documents of such clinic shall be preserved till the final disposal of such proceedings. (2) All such records shall, at all reasonable times, be made available for inspection to the appropriate authority or to any other person authorised by the appropriate authority in this behalf. **47. Power to search and seize records, etc.—** (1) If the appropriate authority has reason to believe that an offence under this Act has been or is being committed at any surrogacy clinic or any other place, such authority or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such authority or officers considers necessary, such surrogacy clinic or any other place and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize and seal the same if such authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizure shall apply, as far as may be, to all action taken by the appropriate authority or any officer authorised by it under this Act. **48. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding** shall lie against the Central Government or the State Government or the appropriate authority or any officer authorised by the Central Government or the State Government or by the appropriate authority for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. **49. Application of other laws not barred.— The provisions of this Act shall be in addition to,** and not in derogation of, the provisions of any other law for the time being in force. **50. Power to make rules.— (1) The Central Government may, by notification and subject to the** condition of pre-publication, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- 18 ----- (a) the prescribed expenses under clauses (b), (f) and (q) of sub-section (1) of section 2; (b) the minimum qualifications for persons employed at a registered surrogacy clinic under clause (iii) of section 3; (c) the period and manner in which a person shall store human embryo or gamete under clause (vii) of section 3; (d) the form and manner of application for obtaining certificate of recommendation from the Board under proviso to sub-clause (a) of clause (ii) of section 4; (e) the insurance coverage in favour of the surrogate mother from an insurance company and the manner of such coverage under item (III) of sub-clause (a) of clause (iii) of section 4; (f) the number of attempts of surrogacy or providing of gametes under the proviso to item (III) of sub-clause (b) of clause (iii) of section 4; (g) the form in which consent of a surrogate mother has to be obtained under clause (ii) of section 6; (h) the number of oocytes or embryos to be implanted in the uterus of the surrogate mother under section 9; (i) the conditions under which the surrogate mother may be allowed for abortion during the process of surrogacy under section 10; (j) the form and manner in which an application shall be made for registration and the fee payable thereof under sub-section (2) of section 11; (k) the facilities to be provided, equipment and other standards to be maintained by the surrogacy clinics under sub-section (4) of section 11; (l) the period, manner and form in which a certificate of registration shall be issued under sub section (1) of section 12; (m) the manner in which the certificate of registration shall be renewed and the fee payable for such renewal under sub-section (3) of section 12; (n) the manner in which an appeal may be preferred under section 14; (o) the qualifications and experiences of the Members as admissible under clause (f) of sub section (2) of section 17; (p) the procedures for conducting an inquiry against the Members under sub-section (2) of section 21; (q) the conditions under which a Member of the Board eligible for re-appointment under section 24; (r) the other functions of the Board under clause (g) of section 25; (s) the manner in which reports shall be furnished by the State Assisted Reproductive Technology and Surrogacy Board and the Union territory Assisted Reproductive Technology and Surrogacy Board to the Board and the Central Government under clause (iii) of section 26; (t) the other functions of the State Board under clause (iv) of section 26; (u) the qualifications and experiences of the members as admissible under clause (f) of section 27; (v) the age of the person to be appointed as a member, referred to in clause (f) of section 27, under the proviso to clause (b) of sub-section (1) of section 28; (w) the procedures for conducting an inquiry against the members under sub-section (2) of section 31; 19 ----- (x) the conditions under which the members of State Board eligible for re-appointment under section 34; (y) empowering the appropriate authority in any other matter under clause (d) of section 36; (z) the other powers of appropriate authority under clause (d) of sub-section (1) of section 37; (za) the particulars of the details of registration of surrogacy clinics, cancellation of registration, etc., in such format under sub-section (2) of section 37; (zb) the manner of giving notice by a person under clause (b) of sub-section (1) of section 44; (zc) the period up to which records, charts, etc., shall be preserved under sub-section (1) of section 46; (zd) the manner in which the seizure of documents, records, objects, etc., shall be made and the manner in which seizure list shall be prepared and delivered under sub-section (1) of section 47; and (ze) any other matter which is to be, or may be, or in respect of which provision is to be made by rules. **51. Power to make regulations.—** The Board may, with the prior approval of the Central Government, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to provide for.— (a) the fulfilment of any other condition under which eligibility certificate to be issued by the appropriate authority under sub-clause (d) of clause (v) of section 4; (b) the time and place of the meetings of the Board and the procedure to be followed for the transaction of business at such meetings and the number of Members which shall form the quorum under sub-section (1) of section 19; (c) the manner in which a person may be temporarily associated with the Board under sub section (1) of section 22; (d) the time and place of the meetings of the State Board and the procedure to be followed for the transaction of business at such meetings and the number of members which shall form the quorum under sub-section (1) of section 29; (e) the manner in which a person may be temporarily associated with the Board under sub section (1) of section 32; and _(f) any other matter which is required to be, or may be, specified by regulations._ **52. Rules and regulations to be laid before Parliament.—** Every rule made by the Central Government and every regulation made by the Board under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification. **53. Transitional provision.—** Subject to the provisions of this Act, there shall be provided a gestation period of ten months from the date of coming into force of this Act to existing surrogate mothers' to protect their well being. **54. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of the said Act as appear to it to be necessary or expedient for removing the difficulty: 20 ----- Provided that no order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 21 -----

18-Apr-2022

11

The criminal procedure (identification) act, 2022

https://www.indiacode.nic.in/bitstream/123456789/19029/1/a2022-11_.pdf

central

THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022 ______________ ARRANGEMENT OF SECTIONS ______________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Taking of measurement. 4. Collection, storing, preservation of measurements and storing, sharing, dissemination, destruction and disposal of records. 5. Power of Magistrate to direct a person to give measurements. 6. Resistance to allow taking of measurements. 7. Bar of suit. 8. Power to make rules. 9. Power to remove difficulties. 10. Repeal and saving. 1 ----- THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022 ACT NO. 11 OF 2022 [18th April, 2022.] # An Act to authorise for taking measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records and for matters connected therewith and incidental thereto. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— **1. Short title and commencement. — (1) This Act may be called the Criminal Procedure** (Identification) Act, 2022. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions. — (1) In this Act, unless the context otherwise requires,—** (a) “Magistrate” means,— (i) in relation to a metropolitan area, the Metropolitan Magistrate; (ii) in relation to any other area, the Judicial Magistrate of the first class; or (iii) in relation to ordering someone to give security for his good behaviour or maintaining peace, the Executive Magistrate; (b) “measurements” includes finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973 (2 of 1974); (c) “police officer” means the officer-in-charge of a police station or an officer not below the rank of Head Constable; (d) “prescribed” means prescribed by rules made under this Act; (e) “prison officer” means an officer of prison not below the rank of Head Warder. (2) Words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) and the Code of Criminal Procedure, 1973 (2 of 1974) shall have the same meanings respectively assigned to them in those Codes. **3. Taking of measurement. —Any person, who has been,—** (a) convicted of an offence punishable under any law for the time being in force; or (b) ordered to give security for his good behaviour or maintaining peace under section 117 of the Code of Criminal Procedure, 1973 (2 of 1974) for a proceeding under section 107 or section 108 or section 109 or section 110 of the said Code; or (c) arrested in connection with an offence punishable under any law for the time being in force or detained under any preventive detention law, 1. 4th August, 2022, vide notification No. S.O. 3653(E), dated 3rd August, 2022, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- shall, if so required, allow his measurement to be taken by a police officer or a prison officer in such manner as may be prescribed by the Central Government or the State Government: Provided that any person arrested for an offence committed under any law for the time being in force (except for an offence committed against a woman or a child or for any offence punishable with imprisonment for a period not less than seven years) may not be obliged to allow taking of his biological samples under the provisions of this section. **4. Collection, storing, preservation of measurements and storing, sharing, dissemination,** **destruction and disposal of records. — (1) The National Crime Records Bureau shall, in the interest** of prevention, detection, investigation and prosecution of any offence under any law for the time being in force,— (a) collect the record of measurements from State Government or Union territory Administration or any other law enforcement agencies; (b) store, preserve and destroy the record of measurements at national level; (c) process such record with relevant crime and criminal records; and (d) share and disseminate such records with any law enforcement agency, in such manner as may be prescribed. (2) The record of measurements shall be retained in digital or electronic form for a period of seventy-five years from the date of collection of such measurement: Provided that where any person, who has not been previously convicted of an offence punishable under any law with imprisonment for any term, has had his measurements taken according to the provisions of this Act, is released without trial or discharged or acquitted by the court, after exhausting all legal remedies, all records of measurements so taken shall, unless the court or Magistrate, for reasons to be recorded in writing otherwise directs, be destroyed from records. (3) The State Government and Union territory Administration may notify an appropriate agency to collect, preserve and share the measurements in their respective jurisdictions. **5. Power of Magistrate to direct a person to give measurements.—Where the Magistrate is** satisfied that, for the purpose of any investigation or proceeding under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, it is expedient to direct any person to give measurements under this Act, the Magistrate may make an order to that effect and in that case, the person to whom the order relates shall allow the measurements to be taken in conformity with such directions. **6. Resistance to allow taking of measurements.— (1) If any person who is required to allow the** measurements to be taken under this Act resists or refuses to allow taking of such measurements, it shall be lawful for the police officer or prison officer to take such measurements in such manner as may be prescribed. (2) Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860). **7. Bar of suit.— No suit or any other proceeding shall lie against any person for anything done, or** intended to be done in good faith under this Act or any rule made thereunder. 3 ----- **8. Power to make rules.— (1) The Central Government or the State Government may, by** notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:— (a) the manner of taking measurements under section 3; (b) the manner of collection, storing, preservation of measurements and sharing, dissemination, destruction and disposal of records under sub-section (1) of section 4; (c) the manner of taking of measurements under sub-section (1) of section 6; (d) any other matter which is to be prescribed, or in respect of which provision is to be made. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. **9.** **Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **10. Repeal and saving.— (1) The Identification of Prisoners Act, 1920 (33 of 1920) is hereby** repealed. (2) Notwithstanding such repeal, anything done or any action taken or purported to have done or taken including any rule, regulation, or any proceedings taken, any rule made or any direction given or any proceedings taken or any penalty or fine imposed under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal. 4 -----

6-Aug-2022

13

The Indian Antarctic Act, 2022

https://www.indiacode.nic.in/bitstream/123456789/19581/3/a2022-13.pdf

central

# THE INDIAN ANTARCTIC ACT, 2022 ______________ ARRANGEMENT OF SECTIONS ______________ # CHAPTER I PRELIMINARY SECTIONS. 1. Short title and commencement. 2. Application. 3. Definitions. # CHAPTER II REQUIREMENT AS TO PERMIT 4. Permit for Indian expedition to Antarctica. 5. Permit for Indian station in Antarctica. 6. Permit for vessel and aircraft entering Antarctica. 7. Permit for mineral resource activities. 8. Permit for certain activities in Antarctica. 9. Permit for introducing non-native animals and plants into Antarctica. 10. Permit for introducing microscopic organisms. 11. Permit to enter protected areas. 12. Permit for waste disposal. 13. Permit for discharge into sea. 14. Permit for removal of biological specimen or any other sample from Antarctica. 15. Certain provisions not to apply during emergencies. 16. Special permit for commercial fishing in Antarctica. # CHAPTER III PROHIBITIONS 17. Prohibition of nuclear explosion or disposal of radioactive waste material in Antarctica. 18. Prohibition of introducing non-sterile soil in Antarctica. 19. Prohibition of introducing specified substances and products. 20. Prohibition relating to historic sites and monuments. 21. Prohibition of possessing, selling, etc. 22. Prohibition of discharge of certain products or substances. # CHAPTER IV COMMITTEE ON ANTARCTIC GOVERNANCE AND ENVIRONMENTAL PROTECTION 23. Constitution of Committee. 24. Meetings of Committee. 25. Functions of Committee. 26. Power of Central Government to give directions. 1 ----- # CHAPTER V GRANT, SUSPENSION OR CANCELLATION OF PERMIT SECTIONS. 27. Application for permit. 28. Liability of owner or Operator in certain cases. 29. Suspension or cancellation of permit. # CHAPTER VI INSPECTIONS 30. Inspection in India. 31. Inspection of international facilities. 32. Obstruction and false information. CHAPTER VII # WASTE DISPOSAL AND WASTE MANAGEMENT 33. Waste disposal. 34. Establishment of waste classification system and waste management plans. 35. Removal of waste from Antarctica. 36. Disposal of combustive wastes. 37. Storage of wastes. # CHAPTER VIII PREVENTION OF MARINE POLLUTION AND LIABILITY FOR ENVIRONMENTAL EMERGENCY 38. Committee to ensure compliance of international obligations. 39. Duties and liabilities of Operator in case of environmental emergency. 40. Exemption of Operator from liability in certain cases. # CHAPTER IX OFFENCES AND PENALTIES 41. Penalty for contravention of certain provisions of Act by person. 42. Penalty for contravention of certain provisions of Act involving vessel. 43. Penalty for contravention of certain provisions of Act involving aircraft. 44. Penalty where no provision made in Act. 45. Offences by companies. # CHAPTER X MISCELLANEOUS 46. Constitution of fund. 2 ----- SECTIONS. 47. Security for permit by certain persons. 48. Designated Court and jurisdiction. 49. Report to Committee of offences. 50. Conferment of powers of investigation, etc. 51. Application of Code of Criminal Procedure, 1973 to proceedings before Designated Court. 52. Accounts and audit of fund. 53. Returns and reports. 54. Protection of action taken in good faith. 55. Power to make rules. 56. Power to remove difficulties. 57. Rules, notifications or orders made or issued to be laid before Parliament. 3 ----- # THE INDIAN ANTARCTIC ACT, 2022 ACT NO. 13 OF 2022 [6th August, 2022.] An Act to provide for the national measures for protecting the Antarctic environment and dependent and associated ecosystems and to give effect to the Antarctic Treaty, the Convention on the Conservation of Antarctic Marine Living Resources and to the Protocol on Environmental Protection to the Antarctic Treaty and for matters connected therewith or incidental thereto. # WHEREAS, the Antarctic Treaty was signed at Washington D.C. on the 1st day of December, 1959; AND WHEREAS, the Antarctic Treaty was initially signed by twelve countries and since then forty-two other countries have acceded to the Treaty; # AND WHEREAS, of the total of fifty-four State Parties to the Treaty, twenty-nine countries have the status of Consultative Party with a right to vote in the Antarctic Consultative Meetings and twenty-five countries are Non-Consultative Parties having no right to vote therein; # AND WHEREAS, India signed the Antarctic Treaty on the 19th day of August, 1983 and received the consultative status on the 12th day of September, 1983; # AND WHEREAS, the Convention on the Conservation of Antarctic Marine Living Resources was signed at Canberra on the 20th day of May, 1980, inter alia, for the protection and preservation of the Antarctic environment and, in particular, for the preservation and conservation of marine living resources in Antarctica; # AND WHEREAS, India ratified the said Convention on the 17th day of June, 1985 and is a member of the Commission for Conservation of Antarctic Marine Living Resources under that Convention; # AND WHEREAS, the Protocol on Environmental Protection to the Antarctic Treaty was signed at Madrid on the 4th day of October, 1991, inter alia, to strengthen the Antarctic Treaty system and for the development of a comprehensive regime for the protection of the Antarctic environment and dependent and associated ecosystems; # AND WHEREAS, India signed the Protocol on Environmental Protection to the Antarctic Treaty on the 14th day of January, 1998; # AND WHEREAS, the Antarctica lies south of 60° South Latitude and which is a natural reserve, devoted to peace and science and should not become the scene or object of any international discord; # AND WHEREAS, it is considered necessary to give effect to the said Treaty, the Convention and the Protocol and to make provisions for the protection of the Antarctic environment and dependent and associated ecosystems and for the regulation of various activities envisaged in Antarctica and for matters connected therewith or incidental thereto. # BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Indian Antarctic Act, 2022.** (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 1. 7th August, 2023, vide notification No. S.O. 3509(E), dated 7th August, 2023, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4 ----- **2. Application.—This Act shall apply to,—** (a) a citizen of India; or (b) a citizen of any other country; or (c) a company, body corporate, corporation, partnership firm, joint venture, an association of persons or any other entity incorporated, established or registered as such under any law in force in India; or (d) any vessel or aircraft registered in India or outside India, if such person, vessel or aircraft is part of an Indian expedition to Antarctica under a permit issued under this Act and shall include any such vessel or aircraft which is registered in India but chartered by any other Party for entering into Antarctica; (e) Antarctica, comprising of the following areas, namely:— (i) the continent of Antarctica, including its ice-shelves; (ii) all islands south of 60° South Latitude, including their ice-shelves; (iii) all areas of the continental shelf that are adjacent to that continent or to those islands that are south of 60° South Latitude; (iv) all sea and air space south of 60° South Latitude; and (v) the area specified in Article I of the Convention on the Conservation of Antarctic Marine Living Resources. **3. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “activity” means any kind of operation in Antarctica, including tourism, research, conservation, fishing and commercial fishing; (b) “aircraft” shall have the same meaning as assigned to it in clause (1) of section 2 of the Aircraft Act, 1934 (22 of 1934); (c) “Analyst” means a person designated as such by the Committee to collect and analyse any sample or matter under sub-section (2) of section 31; (d) “another Party to the Treaty” or “another Party to the Protocol” means any Party other than India; (e) “Antarctica” means the Antarctic area referred to in clause (e) of section 2; (f) “Antarctic environment” means the ecosystems dependent on and associated with the Antarctic environment, the intrinsic value of its wilderness and aesthetics, its value as an area for the conduct of scientific research or research that is essential to understand the global environment, the climate and the composition of the atmosphere; (g) “Committee” means the Committee on Antarctic Governance and Environmental Protection established under sub-section (1) of section 23; (h) “Comprehensive Environmental Evaluation” means a comprehensive evaluation of environmental impact assessment referred to in sub-section (5) of section 27; (i) “Convention” means the Convention on the Conservation of Antarctic Marine Living Resources signed on the 20th day of May, 1980 in Canberra, Australia; 5 ----- (j) “Consultative Parties” means any State Party signatory to the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty having voting rights in any decision, measures and resolutions adopted by the Antarctica Treaty Consultative Meeting; (k) “Indian expedition” means a journey undertaken by any person or persons to the Antarctica organised by India; (l) “Initial Environmental Evaluation” means a preliminary evaluation of environmental impact assessment referred to in sub-section (5) of section 27; (m) “land” includes all islands, continental shelf and any ice-shelf, without prejudice to scientific definition of ice-shelf; (n) “notification” means a notification published in the Official Gazette and the expressions “notify” or “notified” shall be construed accordingly; (o) “Operator”, in relation to a vessel or aircraft, means the owner or the person for the time being having the management of that vessel or aircraft; (p) “Party” means a State Party signatory to the Antarctic Treaty or a member State of the United Nations; (q) “permit” means a permit issued by the Committee under section 27; (r) “person” means a person or entity referred to in clauses (a), (b) and (c) of section 2; (s) “prescribed” means prescribed by rules made under this Act; (t) “Protocol” means the Protocol on Environmental Protection to the Antarctic Treaty signed at Madrid on the 4th day of October, 1991, which came into force on the 14th day of January, 1998; (u) “station” includes any worksites, building or group of buildings or any temporary facility in Antarctica; (v) “Treaty” means the Antarctic Treaty signed at Washington D.C. on the 1st day of December, 1959 which came into force on the 23rd day of June, 1961; (w) “vessel” shall have the same meaning as assigned to it in clause (55) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958); (x) “waste” means unusable unserviceable movable property, including solid, liquid and gaseous matter, which the possessor or generator wants to discharge, or the controlled disposal of which is called for in order to preserve public welfare and in particular, the protection of the environment; or residual radioactive matter or radioactive components of disassembled or dismantled facilities, the controlled disposal of which shall be made in accordance with the Atomic Energy Act, 1962 (33 of 1962). (2) The words and expressions used herein and not defined but defined in the Treaty or the Convention or the Protocol shall have the same meaning as respectively assigned to them in the Treaty or the Convention or the Protocol. 6 ----- # CHAPTER II REQUIREMENT AS TO PERMIT **4. Permit for Indian expedition to Antarctica.— No person in an Indian expedition shall enter** or remain in Antarctica without a permit or the written authorisation of another Party to the Protocol: Provided that no permit shall be required in the case of a person who is travelling through, on or above the high seas, to an immediate destination outside Antarctica. **5. Permit for Indian station in Antarctica.— No person shall enter or remain in an Indian** station in Antarctica without a permit or the written authorisation of another Party to the Protocol. **6. Permit for vessel and aircraft entering Antarctica.— No vessel or aircraft registered in India** shall enter or remain in Antarctica without a permit or the written authorisation of another Party to the Protocol: Provided that no permit shall be required in the case of a vessel travelling through, on or above the high seas, to an immediate destination outside Antarctica: Provided further that no permit shall be required in respect of an aircraft travelling to an immediate destination outside Antarctica. **7. Permit for mineral resource activities.— No person or vessel in Antarctica shall—** (a) drill, dredge or excavate for mineral resources; (b) collect any samples of mineral resources; or (c) do anything for the purpose of identifying specific mineral resource occurrences or deposits, or areas where such occurrences or deposits may be found, except in accordance with a permit issued under this Act: Provided that no permit shall be issued for the purposes of this section unless the Committee is satisfied that the activities shall be carried on only for the purposes— (a) of scientific research; or (b) connected with the construction, maintenance or repair in Antarctica of an Indian station or any other structure, road, runway or jetty maintained by or on behalf of India. _Explanation.—For the purposes of this section, “mineral resource” means any natural resource_ that is neither living nor renewable. **8. Permit for certain activities in Antarctica.—No person in Antarctica shall, without a permit** or written authorisation of another Party to the Protocol— (a) remove or damage native plants intentionally in a manner that significantly affects their local distribution or abundance; (b) fly or land a helicopter or other aircraft intentionally in a manner that disturbs any concentration of native birds or seals; (c) use a vehicle or vessel, including a hovercraft and a small boat, intentionally in a manner that disturbs any concentration of native birds or seals; (d) use an explosive or firearm intentionally in a manner that disturbs any concentration of native birds or seals; 7 ----- (e) while on foot, wilfully disturb a breeding or moulting native bird or concentration of seals; (f) significantly damage any concentration of terrestrial native plants by landing an aircraft, driving a vehicle or walking on it; (g) engage in any activity that results in the significant adverse change of the habitat of any specially protected species or population of native mammals, native birds, native plants or native invertebrates; (h) remove soil or any biological material native to Antarctica intentionally; or (i) kill, injure, capture, handle or molest a native mammal or native bird unless such act was done to protect the life of a person. _Explanation.—For the purposes of this section,—_ (i) “native bird” means a member, at any stage of its life cycle including eggs, of any species of the class Aves that is indigenous to Antarctica or that occurs there seasonally through natural migrations including any part, product, egg, or offspring or the dead body or parts thereof and fossils; (ii) “native invertebrate” means any terrestrial or aquatic invertebrate, at any stage of its life cycle that is indigenous to Antarctica, including any part thereof and fossils; (iii) “native mammal” means a member of any species of the class mammalia that is indigenous to Antarctica or that occurs there seasonally through natural migrations including any part, product, egg, or offspring of or the dead body or parts thereof and fossils; (iv) “native plant” means any terrestrial or aquatic vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle, including seeds and other propagules, that is indigenous to Antarctica or parts of such vegetation, other than fossils; (v) “specially protected species” means any native species designated as a specially protected species in the Protocol and the Convention. **9. Permit for introducing non-native animals and plants into Antarctica.—No person, vessel** or aircraft shall introduce in any part of Antarctica any animal of a species that is not indigenous to Antarctica, or any plant that is not a native plant, except in accordance with a permit or the written authorisation of another Party to the Protocol: Provided that the provisions of this section shall not apply to food other than poultry or live animals. **10. Permit for introducing microscopic organisms.— No person shall introduce into any part of** Antarctica any microscopic organism of a species which is not indigenous to Antarctica, except in accordance with a permit or the written authorisation of another Party to the Protocol. **11. Permit to enter protected areas.— No person or vessel or aircraft shall enter into an** Antarctic Specially Protected Area or Marine Protected Area as may be prescribed except in accordance with a permit or the written authorisation of another Party to the Protocol. **12. Permit for waste disposal.—No person, vessel or aircraft shall dispose of waste in Antarctica** except in accordance with a permit or the written authorisation of another Party to the Protocol. 8 ----- **13. Permit for discharge into sea.—No vessel shall, while in Antarctica, discharge into the sea** any oil or oily mixture, effluent, bilge water or any food waste except in accordance with a permit or the written authorisation of another Party to the Protocol. **14. Permit for removal of biological specimen or any other sample from Antarctica.—(1) The** Committee may, in individual cases, for reasons to be recorded in writing, grant permit for the following purposes, namely:— (i) to obtain specimens or any other sample for study or scientific information; (ii) to obtain specimens for museums, herbariums, zoological and botanical gardens, or other educational or cultural institutions or uses: Provided that such permission shall be limited so as to ensure that— (a) only such number of native mammals, birds, invertebrates, plants or any other sample are taken that are strictly necessary to meet the purposes of this section; (b) only such number of native mammals or birds are killed, such that it can normally be replaced by natural reproduction in the following season; (c) the diversity of species, as well as the habitats essential to their existence and the balance of the ecological systems existing in the Antarctica are maintained; (d) _Ommatophocarossii_ (Ross Seal) or any other species as may be prescribed shall be accorded special protection and permit for killing, injuring, capturing or handling of these species may be issued only for scientific purpose, if the survival or recovery of that species or local population is not jeopardised, and non-lethal techniques are used as far as possible; and (e) the killing, injuring, capturing or handling of mammals or birds is done in a manner that involves least degree of pain and suffering. (2) The permit issued for the purposes of this section shall specifically mention the name of the issuing authority and the receiver of the permission, the duration and place of the activity permitted including the size, weight and volume of the sample intended to be collected. **15. Certain provisions not to apply during emergencies.— The provisions of sections 4, 5, 6,** 11, 12 and 13 shall not apply in respect of emergencies involving the safety of a person, the protection of the environment or the safety of any vessel, aircraft, equipment or facility that has a significant value. **16. Special permit for commercial fishing in Antarctica.—Any person who intends to go to** Antarctica for the purpose of commercial fishing shall apply for a permit to the Secretariat of the Commission for the Conservation of Antarctic Marine Living Resources through the Committee. # CHAPTER III PROHIBITIONS **17. Prohibition of nuclear explosion or disposal of radioactive waste material in** **Antarctica.—No person shall carry out any nuclear explosion or dispose of any radioactive waste** material in Antarctica. **18. Prohibition of introducing non-sterile soil in Antarctica.—No person or vessel shall** introduce non-sterile soil into any part of Antarctica. 9 ----- **19. Prohibition of introducing specified substances and products.—No person, vessel or** aircraft shall introduce into Antarctica any substance or product as may be prescribed. **20. Prohibition relating to historic sites and monuments.— No person shall damage, destroy or** remove any historic site or monument or any of its part in Antarctica as may be prescribed. **21. Prohibition of possessing, selling, etc.— No person or vessel or aircraft while in Antarctica,** shall possess, sell, offer for sale, trade, give, transport, transfer or send anything that has been obtained in contravention of the provisions of this Act. **22. Prohibition of discharge of certain products or substances.—No vessel shall, while in** Antarctica, discharge into the sea any garbage, plastic or other product or substance that is harmful to the marine environment. _Explanation.—For the purposes of this section, garbage, in respect of a vessel, means all kinds of_ victual, domestic and operational waste, excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically. # CHAPTER IV COMMITTEE ON ANTARCTIC GOVERNANCE AND ENVIRONMENTAL PROTECTION **23. Constitution of Committee.— (1) The Central Government shall, by notification, establish a** Committee to be called the Committee on Antarctic Governance and Environmental Protection consisting of the following members, namely:— (a) Secretary, Ministry of Earth Sciences, Chairperson, ex officio; (b) ten members not below the rank of Joint Secretary, _ex officio, to be nominated by the_ Central Government, from any of the Ministries or Departments or organisations of the Central Government dealing with,— (i) Defence; (ii) External Affairs; (iii) Finance; (iv) Fisheries; (v) Legal Affairs; (vi) Science and Technology; (vii) Shipping; (viii) Tourism; (ix) Environment; (x) Communication; (xi) Space; (xii) National Centre for Polar and Ocean Research; and (xiii) National Security Council Secretariat; (c) two experts to be nominated by the Central Government, from the fields of,— (i) Antarctic environment; and 10 ----- (ii) Geo-politics; (d) such other experts in the relevant field, to be nominated by the Central Government. (2) An officer, not below the rank of Joint Secretary in the Ministry of Earth Sciences, shall be the Member-Secretary, ex officio. (3) The members nominated under clauses (c) and (d) of sub-section (1) shall hold office for such period and subject to such terms and conditions as may be specified in the notification referred to in sub-section (1). (4) The members nominated under clauses (c) and (d) of sub-section (1) shall be entitled to receive such allowances or fees as may be prescribed, for attending the meetings of the Committee. (5) In the discharge of their functions, the members shall follow such procedure as may be prescribed. **24. Meetings of Committee.—The Committee shall meet at such intervals and observe such rules** of procedure in regard to the transaction of business at its meetings (including the quorum thereat) as may be prescribed. **25. Functions of Committee.—The Committee shall perform the following functions, namely:—** (a) monitor, implement and ensure compliance of the relevant international laws, emission standards and rules for the protection of Antarctic environment by the Operators or by any other persons engaged in programmes and activities in Antarctica; (b) undertake any advisory, supervisory or enforcement activities in relation to programmes and activities in Antarctica; (c) obtain and review relevant information and reports provided by Parties to the Treaty, the Convention, the Protocol and other Parties engaged in programmes and activities in Antarctica; (d) maintain records pertaining to the programmes and activities conducted by Parties in Antarctica; (e) ensure that the programmes and activities are consistent with India's obligations under the Treaty, the Convention, the Protocol and with such other relevant law for the time being in force in India; (f) determine the terms and conditions of the permit issued under this Act; (g) negotiate fees or charges with other Parties to the Treaty, the Convention and the Protocol on a case to case basis in respect of the programmes and activities in Antarctica; (h) collaborate with other Parties to attain the above goals; and (i) such other functions as may be delegated to it by the Central Government. **26. Power of Central Government to give directions.—(1) The Central Government may give** such directions, as it may deem necessary, to the Committee for the effective administration of this Act and the Committee shall comply with such directions. (2) In case of a dispute between the Committee and the Central Government, the decision of the Central Government shall be final. 11 ----- CHAPTER V # GRANT, SUSPENSION OR CANCELLATION OF PERMIT **27. Application for permit.—(1) Every application for grant of permit under this Act shall be** made to the Committee in accordance with the provisions of this Chapter. (2) Every application under sub-section (1) shall be in such form, contain such particulars and be accompanied by such fees as may be prescribed. (3) The Committee may, after making such inquiry as it deems fit and having regard to the particulars referred to in sub-section (4) and subject to such terms and conditions as may be prescribed, grant permit for the purposes of this Act. (4) While granting permit under sub-section (3), the Committee shall have regard to the following matters, namely:— (a) adverse effect on climate or weather patterns; (b) adverse effect on air, snow, soil, land or water quality; (c) significant changes in the atmospheric, terrestrial, aquatic, glacial, noise or marine environment; (d) harmful changes in the distribution, abundance or productivity of native microbes, animal or plant species or their population; (e) harm or jeopardise endangered species or population; (f) harm or significantly jeopardise the areas of environmental, biological, geological, scientific, historic, wilderness or aesthetic significance or of a primeval nature; and (g) such other significant detrimental effects on the Antarctic environment and its dependent and associated ecosystems as may be prescribed. (5) The Committee shall, before issuing a permit, require the applicant to carry out the environmental impact assessment of the proposed activities in such manner as may be prescribed and shall issue a permit if the conditions specified therein has been complied with: Provided that any application for a permit relating to activities in Antarctica which has reasonable apprehension of causing less than a minor or transitory impact on the environment shall be made to the Committee six months prior to the commencement of the proposed activity: Provided further that while examining an activity, the Committee shall take into account the opinion of the independent experts: Provided also that if after examination, the Committee is satisfied that such activity has reasonable apprehension of causing minor or transitory impact on the environment, then it shall require the applicant to conduct an Initial Environmental Evaluation and to submit a report thereon to it, three months prior to the commencement of the proposed activity: Provided also that if after conducting the Initial Environmental Evaluation, the Committee is of the opinion that the activities will have more than a minor or transitory impact on the environment, it shall require the applicant to conduct a Comprehensive Environmental Evaluation and to submit a report thereon. 12 ----- (6) Notwithstanding anything contained in this Act, the Committee shall not grant a permit under this section authorising any person or a vessel or an aircraft on an Indian expedition, unless it is satisfied that a waste management plan and an emergency plan for the expedition have been prepared in such manner as may be prescribed: Provided that the waste management plan shall include details of such wastes which are intended to be shipped from Antarctica into the Indian territory or territory of any other Party for disposal. _Explanation.—For the purposes of this sub-section,—_ (i) “waste management plan” means the waste management plan referred to in sub-section (3) of section 34; (ii) “emergency plan” means a plan to meet the environmental emergency referred to in section 39. (7) The permit granted under this section, unless sooner revoked, shall remain in force for such period as specified in the permit and may be renewed, on an application made in this behalf sixty days before the date of its expiration, for such period and on payment of such fees as may be prescribed: Provided that a permit may be renewed on an application made within sixty days before the date of its expiration, if the Committee is satisfied that there was sufficient cause for not making the application on time. **28. Liability of owner or Operator in certain cases.—Notwithstanding anything contained in** any other law for the time being in force, where a vessel or aircraft is part of an Indian expedition or fishing in Antarctica but whose owner or Operator is not part of such expedition or fishing, then such owner or Operator who is sufficiently identified in the permit, either by class or other description shall also be bound by the conditions of the permit. **29. Suspension or cancellation of permit.—(1) If the Committee has reasonable grounds to** believe that the holder of any permit has made any incorrect or false statement or concealed any material fact in the application or has contravened any of the provisions of this Act or the rules or orders made or notifications issued thereunder or contravened any conditions of permit, it may, by order, suspend the permit pending the completion of any inquiry against such permit holder. (2) After making an inquiry under sub-section (1), the Committee may, without prejudice to any other penalty to which such permit holder may be liable under the provisions of this Act, cancel the permit: Provided that no permit shall be suspended under sub-section (1) or cancelled under this sub-section, unless the holder of the permit has been given a reasonable opportunity of being heard: Provided further that the Committee may suspend or cancel a permit without giving the permit holder an opportunity of being heard, if it is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to do so. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Central Government or the Committee may, in the interest of national security, maintenance of law and order or any other matter of public interest and without prejudice to any additional penalty to which such permit holder may be liable under the provisions of this Act, order the suspension or cancellation of such permit. 13 ----- (4) Any person whose permit has been suspended under sub-section (1) shall, immediately after such suspension, stop all activities in respect of which the permit has been granted, until the order of suspension has been revoked. (5) Every holder of a permit which is suspended or cancelled shall, immediately after such suspension or cancellation, surrender the permit to the Committee. (6) Every order of suspension or cancellation of a permit under this section shall be in writing. CHAPTER VI # INSPECTIONS **30. Inspection in India.—(1) The Central Government may designate any officer as an Inspector,** having such qualifications and experience as may be prescribed, for performing the duties and exercising the powers of inspections in India under this Act. (2) The Inspector may, for the purposes of this Act— (a) enter and search any place including vessel, container, platform anchored at sea, shipping container or conveyance; (b) examine any substance, product or thing; (c) open and examine any receptacle or package, if it contains any doubtful substance, product or thing; (d) examine any book, record, data or other documents and make copies or take extracts of the same; (e) take samples of things, if relevant; (f) conduct any test or take any measurement; and (g) such other functions as may be prescribed. (3) The Inspector may confiscate a sample taken in violation of the permit issued under this Act. (4) The owner or person-in-charge of a place being inspected and every person found in the place of inspection shall— (a) extend all reasonable assistance to enable the Inspector to carry out his duties under this Act; and (b) provide any information which the Inspector may require. **31. Inspection of international facilities.—(1) The Committee shall constitute an inspection team** consisting of such number of observers as it may deem necessary and shall designate one of them as the head of the team, for the purposes of carrying out inspections in Antarctica in such manner as may be prescribed. (2) The Committee may designate any of its officer having such qualifications and experience as may be prescribed, to be an Analyst who shall be a part of the inspection team. (3) The Analyst shall collect and examine any sample or matter and perform such other duties as may be delegated to him by the head of the inspection team. (4) The inspections in Antarctica may be carried out jointly with one or more Parties, if deemed necessary. 14 ----- (5) The inspection team may inspect any station after giving prior notice to the Party or Parties whose station it proposes to inspect. (6) The inspection team may, at any reasonable time, enter any place including vessel, aircraft, container, platform anchored at sea, shipping container or conveyance, managed by India in Antarctica to which it has reasonable grounds to believe that the provisions of this Act apply: Provided that nothing in this sub-section shall apply to such vessel or aircraft which is not part of an Indian expedition. (7) The inspection team may, at any reasonable time, board or travel in a vessel or an aircraft in Antarctica and may carry out inspection of such vessel or aircraft or its communication system after giving prior notice to the Party concerned. (8) Notwithstanding anything contained in this section, the inspection team shall not inspect any station, installation, equipment, platform anchored at sea, shipping container or conveyance that is owned by a person who is neither a citizen of India nor a part of Indian expedition unless due notice for inspection of the property or installation has been served to the Party who is the owner of such property or installation. (9) The owner of a place or a person-in-charge of a place being inspected under this Act and every person found in the place shall give all reasonable assistance to enable the inspection team to carry out its functions under this Act and provide with any information as may be required by it. **32. Obstruction and false information.— (1) No person shall obstruct an Inspector or inspection** team or hinder any of them in performing their functions in India or in Antarctica. (2) No person shall knowingly or negligently provide any person false or misleading information, results or samples or file a document containing false or misleading information. CHAPTER VII # WASTE DISPOSAL AND WASTE MANAGEMENT **33. Waste disposal.—The waste disposal sites on land and abandoned worksites shall be cleaned** up by the generators of such waste and the users of such sites: Provided that the provisions of this section shall not apply if the removal of any structure or waste material may result in any adverse environmental impact referred to in sub-section (5) of section 27 than leaving the structure or waste material in its existing location. **34. Establishment of waste classification system and waste management plans.— (1) The** Committee shall establish a waste classification system— (a) for recording waste in Antarctica from activities by the persons authorised under this Act; and (b) to facilitate studies on the environmental impacts of scientific activities and associated activities. (2) For the purposes of sub-section (1), the waste shall be segregated into the following categories, namely:— (a) sewage and domestic liquid waste; (b) other liquid waste such as medical and chemical waste including fuels and lubricants; 15 ----- (c) solids, including organic waste, to be incinerated; (d) other solid waste; (e) radioactive material; and (f) any other waste as may be prescribed. (3) The Committee shall prepare, review annually and update its waste management plans, including plans on waste reduction, storage and disposal, specifying for each station, facility, field site, field camps, vessel and aircraft— (a) programmes for cleaning up existing waste disposal sites and abandoned worksites; (b) current and planned waste management arrangements; (c) current and planned arrangements for analysing the environmental effects of waste and waste management; (d) other measures aimed at minimising the environmental effects of waste and waste management. (4) No separate information shall be required for small boats which are part of the operations of fixed sites or of vessels. (5) The existing management plans for vessels and aircraft shall be taken into account in preparing the waste management plans under this section. (6) The Committee shall, as far as practicable, prepare an inventory of locations of past activities, including traverses, fuel depots, field bases, crashed aircraft or any other accidents and such other areas as may be prescribed. (7) The waste management plans and reports on their implementation shall be included in the annual exchange of information with other Parties to the Treaty. (8) The Committee shall appoint or designate a waste management officer for each station, facility and worksite who shall monitor the implementation of the waste reduction and disposal plans and make proposals for their continued development. **35. Removal of waste from Antarctica.— (1) The following waste produced in Antarctica by** generators of such waste shall be removed from there, namely:— (a) radioactive substances within the meaning of the Atomic Energy Act, 1962 (33 of 1962); (b) all kinds of batteries or components thereof; (c) fuel, both liquid and solid; (d) waste containing harmful levels of heavy metals or acutely toxic or harmful persistent compounds; (e) Polyvinyl chloride, polyurethane, polystyrene foam, rubber, lubricating oils, treated timbers and other products which contain additives that may produce harmful emissions, if incinerated; (f) all other plastic waste; (g) fuel drums other than those required for logistics purposes; 16 ----- (h) other solid, non-combustible waste including but not restricted to glass and metal scraps; (i) residues of carcasses of imported animals; (j) laboratory culture of microorganisms and plant pathogens; (k) introduced avian products; (l) ash and products of incineration; (m) unserviceable machineries and equipment including electronics; and (n) such other waste as may be prescribed. (2) The provisions of sub-section (1) shall not apply to waste,— (a) if they are incinerated, autoclaved or otherwise treated to be made sterile; or (b) if the removal of such waste shall result in greater adverse environmental impact referred to in sub-section (5) of section 27, than leaving them in their existing locations. (3) The domestic waste and other liquid waste shall be treated before removing from Antarctica and shall be disposed of on ice-free land areas, sea ice, ice shelves or the grounded ice-sheet and shall not be discharged into the lake either directly or indirectly: Provided that the standards for effluent discharge shall be such as may be prescribed. (4) The provisions of sub-section (3) shall not apply to substances generated by station located on ice shelves or the grounded ice-sheet, provided that such waste are disposed of after treatment in deep ice pits which is the only practicable option and such pits are not located on known ice-flow lines which terminate at ice-free areas or in areas of high ablation. (5) The waste under this section shall be disposed of into the sea subject to a permit issued in that regard under section 12. (6) The waste generated at field camps shall be removed to supporting stations or vessels for disposal. **36. Disposal of combustive wastes.—(1) The combustible waste which are not removed by** generators of such waste shall be burnt in incinerators to a maximum extent practicable to avoid harmful emissions and shall not be burned openly. (2) The standards for emission from incineration of waste under sub-section (1) and from other equipment and vehicles shall be such as may be prescribed. **37. Storage of wastes.—(1) All waste to be removed from Antarctica, or otherwise disposed of by** the generators of such waste, shall be segregated, contained, confined and stored in such a way so as to prevent their dispersal into the environment. (2) The containers and tank-systems holding or used for storing hazardous waste shall be— (a) in good and non-leaking condition; (b) made of or lined with materials which will not react with, and are otherwise compatible with, the waste to be stored, so that the ability of the containers to contain such waste is not impaired; (c) stored in a manner that allows access for inspection and response to emergencies; and 17 ----- (d) inspected at least once in a week for identifying any leakage and deterioration thereof and shall be documented. CHAPTER VIII # PREVENTION OF MARINE POLLUTION AND LIABILITY FOR ENVIRONMENTAL EMERGENCY **38. Committee to ensure compliance of international obligations.—(1) The Committee shall** ensure compliance of any activity undertaken in the Antarctic environment and dependent and associated ecosystems by the permit holder, including compliance of such International Conventions or Treaty or Protocol or such other international obligations, as may be prescribed. (2) The permit holder shall maintain records of all waste and sewages, including all introductions and discharges into the marine environment caused by operation of vessels as part of the activity and the said records shall be submitted to the Director General appointed under the Merchant Shipping Act, 1958 (44 of 1958) and the Committee, whenever required. **39. Duties and liabilities of Operator in case of environmental emergency.—(1) If an** environmental emergency occurs from any activity in Antarctica and dependent and associated ecosystems, the Operator shall, without delay, take effective response action and inform the Committee and the Director General appointed under the Merchant Shipping Act, 1958 (44 of 1958) of such environmental emergency and thereafter, the Committee shall transmit it to the Parties to the Treaty. (2) If no response action is taken by the Operator under sub-section (1) and the nature of the environmental emergency requires immediate response action, the Party, where the vessel or aircraft is registered, may undertake such action on behalf of the Operator, and the Operator shall be liable to pay the cost of such response action taken by the Party or Parties, as may be prescribed in accordance with Annex VI to the Protocol. (3) If no response action is taken by the Operator or by any Party or Parties, the Operator shall be liable to such penalty as may be prescribed in accordance with Annex VI to the Protocol. _Explanation.—For the purposes of this section, the expression “environmental emergency” means_ any unforeseen or accidental event that results in, or imminently threatens to result in, significant and harmful impact on the Antarctic environment. **40. Exemption of Operator from liability in certain cases.—An Operator shall not be liable for** an environmental emergency under section 39, if it is proved that such emergency is caused by— (a) an act or omission that was necessary to protect human life; (b) a natural disaster of an extraordinary nature which could not reasonably be foreseen and the Operator had taken all reasonable measures to reduce the risk and potentially harmful effects of the environmental emergency; (c) an act of terrorism; and (d) an act of war aimed at the Operator's activity: Provided that the Operator shall submit an explanation to the Committee of his act or omission within a period of sixty days from the date of such emergency, stating the reasons therefor. 18 ----- CHAPTER IX # OFFENCES AND PENALTIES **41. Penalty for contravention of certain provisions of Act by person.— Any person who** contravenes the provisions of,— (a) section 4 or section 5 or section 8 or section 12 or section 18 or section 19 or section 20 or section 21 or sub-section (4) of section 29 or section 36 or section 37, shall be punishable with imprisonment for a term which may extend to two years, or with fine which shall not be less than ten lakh rupees but which may extend to fifty lakh rupees, or with both; (b) section 7 or section 9 or section 10, shall be punishable with imprisonment for a term which may extend to seven years and with fine which shall not be less than ten lakh rupees but which may extend to fifty lakh rupees; (c) section 17, shall be punishable, with— (i) an imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life and with fine which shall not be less than fifty crore rupees for any nuclear explosion in Antarctica; and (ii) an imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life and with fine which shall not be less than twenty-five crore rupees for disposal of any radioactive waste material in Antarctica. (d) section 11 or section 16 or section 33 or section 35, shall be punishable with imprisonment for a term which may extend to three years, or with fine which shall not be less than fifteen lakh rupees but which may extend to seventy-five lakh rupees, or with both; (e) section 14 or section 32, shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than five lakh rupees but which may extend to twenty lakh rupees, or with both. **42. Penalty for contravention of certain provisions of Act involving vessel.—Where the** contravention involves a vessel under this Act, the Operator of such vessel shall be punishable,— (a) for contravention of section 6 or section 11 or section 12 or section 13 or section 18 or section 19 or section 21 or section 22, with imprisonment for a term which may extend to three years, or with fine which shall not be less than one crore rupees but which may extend to five crore rupees, or with both; (b) for contravention of section 7 or section 9 or section 39, with imprisonment for a term which may extend to seven years and with fine which shall not be less than two crore rupees but which may extend to ten crore [1]rupees. **43. Penalty for contravention of certain provisions of Act involving aircraft.—Where the** contravention involves an aircraft under this Act, the Operator of such aircraft shall be punishable,— (a) for contravention of section 6 or section 11 or section 12 or section 19 or section 21, with imprisonment for a term which may extend to three years, or with fine which shall not be less than one crore rupees but which may extend to five crore rupees, or with both; - By corrigendum. 19 ----- (b) for contravention of section 9, with imprisonment for a term which may extend to seven years and with fine which shall not be less than two crore rupees but which may extend to ten crore [1]rupees. **44. Penalty where no provision made in Act.—Any person who contravenes the provisions of** this Act or fails to comply with any provision thereof which it was his duty to comply with, and in respect of which no penalty is specifically provided in this Act, shall be punishable with fine which may extend to ten lakh rupees. **45. Offences by companies.—(1) Where any offence under this Act has been committed by a** company, every person who at the time the offence was committed was in-charge of, or was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _Explanation.—For the purposes of this section,—_ (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner of the firm. CHAPTER X # MISCELLANEOUS **46. Constitution of fund.—(1) There shall be constituted a fund to be called the Antarctic Fund** and there shall be credited thereto,— (a) all fees received for grant of permit and charges collected for Antarctic related activities under this Act; (b) any grant or loans that may be made by the Central Government for the purposes of this Act; and (c) any grant or loans that may be made by any institution for the purposes of this Act. (2) The fund shall be applied towards the welfare of Antarctic research work and protection of Antarctic environment. (3) The Committee shall maintain and administer the fund in such manner as may be prescribed. **47. Security for permit by certain persons.—(1) The Committee may require such applicants to** deposit such amount as security in such form as may be prescribed. - By corrigendum. 20 ----- (2) The security amount may be applied by the Committee to reimburse the Government, either fully or partially, for reasonable costs incurred by the Government in preventing, mitigating or remedying any adverse environmental impact caused by the permit holder or persons or vessels bound by conditions of the permit. **48.** **Designated Court and jurisdiction.—(1) For the purposes of providing speedy trial of** offences under this Act, the Central Government, after consulting the Chief Justice of the concerned High Court or High Courts as it may consider necessary, shall specify by notification, one or more Court of Sessions, to be the Designated Court and may specify the territorial jurisdiction of such Court. (2) The Designated Court shall have jurisdiction to try any offence punishable under this Act. (3) No Designated Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by an officer authorised in this behalf by the Central Government by notification. (4) The Designated Court may, upon perusal of a complaint made under this Act, take cognizance of that offence without the accused being committed to it for trial. (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), for the purposes of conferring jurisdiction, an offence under this Act, committed by any person or Operator in Antarctica shall be deemed to have been committed in India. (6) While trying an offence under this Act, the Designated Court may also try an offence under any other law, other than an offence under this Act with which the accused may be charged at the same trial under the Code of Criminal Procedure, 1973 (2 of 1974). **49. Report to Committee of offences.—Where an offence under this Act has been committed, the** officer designated by the Committee or the head of a station in Antarctica or an Operator shall immediately report to the Committee of such offence and thereafter, the Committee shall transmit it to the Central Government for necessary action. **50. Conferment of powers of investigation, etc.— (1) Notwithstanding anything contained in the** Code of Criminal Procedure, 1973 (2 of 1974), for the purposes of this Act, the Central Government may, by notification, confer on any officer of the Central Government or State Government or Committee, the power of arrest, investigation, search and seizure and prosecution exercisable by a police officer under the said Code. (2) The officers of police shall assist the officer referred to in sub-section (1), in the execution of the provisions of this Act. **51. Application of Code of Criminal Procedure, 1973 to proceedings before Designated** **Court.— Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure,** 1973 (2 of 1974) shall apply to the proceedings before a Designated Court and the person conducting a prosecution before a Designated Court shall be deemed to be a Public Prosecutor. **52. Accounts and audit of fund.—(1) The Committee shall maintain proper accounts and other** relevant records in relation to the fund and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet, in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India. 21 ----- (2) The accounts of the fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him. **53. Returns and reports.—(1) The Committee shall furnish to the Central Government, at such** time and in such form and manner as may be prescribed, or as the Central Government may direct, such returns and statements with such particulars with regard to any proposed or existing programme for the promotion and development of the environmental protection in Antarctica, as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1), the Committee shall, as soon as possible after the end of each financial year, submit to the Central Government a report in such form and manner as may be prescribed, giving a true and full account of its activities, policies and programmes undertaken during the previous financial year. **54. Protection of action taken in good faith.— No suit, prosecution or other legal proceeding** shall lie against the Central Government, State Government or the Committee or its members, officers and other employees or any officer authorised by the Central Government or the Committee for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. **55. Power to make rules.—(1) The Central Government may make rules to carry out the** provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the Antarctic Specially Protected Area and Marine Protected Area under section 11; (b) any other species under clause (d) of sub-section (1) of section 14; (c) substance or product which shall not be introduced into Antarctica under section 19; (d) historic site or monument or its part under section 20; (e) the allowances or fees for nominated members under sub-section (4) and the procedure to be followed by members under sub-section (5) of section 23; (f) the intervals at which the Committee shall meet, the rules of procedure in regard to transaction of business at its meetings and its quorum under section 24; (g) the form of application for permit, particulars and fees under sub-section (2) of section 27; (h) the terms and conditions of the permit under sub-section (3) of section 27; (i) other significant detrimental effects on the Antarctic environment and its dependent and associated ecosystems under clause (g) of sub-section (4) of section 27; (j) the manner of carrying out environmental impact assessment to be conducted by the applicant under sub-section (5) of section 27; (k) the manner of preparing waste management plan and emergency plan under sub-section (6) of section 27; (l) the period for which permit may be granted and fee to be paid for its renewal under sub-section (7) of section 27; 22 ----- (m) the qualification and experience of an officer to be designated as Inspector under sub-section (1) and other functions of the Inspector under clause (g) of sub-section (2) of section 30; (n) the manner of carrying out inspections under sub-section (1), the qualifications and experience of an Analyst under sub-section (2) and other powers and functions of the inspection team under sub-section (10), of section 31; (o) any other waste under clause (f) of sub-section (2) and other areas in respect of which an inventory of locations may be prepared under sub-section (6), of section 34; (p) such other waste under clause (n) of sub-section (1) and the standards for effluent discharge under the proviso to sub-section (3), of section 35; (q) the standards for emission of combustible waste, equipment and vehicles under sub-section (2) of section 36; (r) other International Conventions or Treaty or Protocol or other international obligations which the permit holder shall comply under sub-section (1) of section 38; (s) the cost of response action under sub-section (2) and the amount of penalty to be paid by the Operator under sub-section (3), of section 39; (t) the manner in which the Committee shall maintain and administer the fund under sub-section (3) of section 46; (u) the category of applicants who may deposit security with the Committee, the form of such deposit and the security amount under sub-section (1) of section 47; (v) the form in which the Committee shall prepare an annual statement of accounts under sub-section (1) of section 52; (w) the time within which and the form and manner in which the Committee shall furnish to the Central Government, the returns and statements under sub-section (1) and the form and manner of report under sub-section (2), of section 53; and (x) any other matter which is to be, or may be prescribed. **56. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act. **57. Rules, notifications or orders made or issued to be laid before Parliament.—[1]Every rule** made and every notification or order issued under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or order or both Houses agree that the rule or notification or order should not be made or issued, the rule, notification or order shall - By corrigendum. 23 ----- thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, notification or order. 24 -----

31-Jan-2023

03

The Maritime Anti-Piracy Act, 2022.

https://www.indiacode.nic.in/bitstream/123456789/19621/1/a2023-03.pdf

central

# THE MARITIME ANTI-PIRACY ACT, 2022 ________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, commencement and application. 2. Definitions. 3. Punishment for piracy. 4. Punishment for attempt to commit piracy, etc. 5. Punishment for organising or directing others to participate in an act of piracy. 6. Conferment of power of arrest, investigation, etc. 7. Arrest of persons and seizure of ship and property. 8. Designated Court. 9. Jurisdiction of Designated Court. 10. Trial of offences by Designated Court. 11. Presumption. 12. Provisions as to bail. 13. Application of Code in proceedings before Designated Court. 14. Provision as to extradition. 15. Protection of action taken in good faith. 1 ----- # THE MARITIME ANTI-PIRACY ACT, 2022 ACT NO. 3 OF 2023 [31st January, 2023.] # An Act to give effect to the United Nations Convention on the Law of the Sea relating to repression of piracy on high seas and for matters connected therewith or incidental thereto. WHEREAS India is a party to the United Nations Convention on the Law of the Sea adopted by the United Nations on the 10th December, 1982 and has ratified the same on the 29th June, 1995; AND WHEREAS the aforesaid Convention, among other things, states that all States shall co-operate to the fullest possible extent in the repression of piracy on high seas; AND WHEREAS India, having ratified the said Convention, considers it necessary to give effect to the aforesaid Convention relating to piracy. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— **1. Short title, commencement and application.—(1) This Act may be called the Maritime** Anti-Piracy Act, 2022. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. (3) The provisions of this Act shall apply to the high seas. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “authorised personnel” means the officers and sailors assigned to warships or military aircraft of the Indian Navy or officers and enrolled persons of the Coast Guard assigned to ships or aircraft of the Indian Coast Guard or officers of the Central Government or the State Government authorised for any ship or aircraft clearly marked and identifiable as being on Government service; (b) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); (c) “Convention” means the United Nations Convention on the Law of the Sea, 1982; (d) “Designated Court” means a Court of Session specified as such under section 8; (e) “high seas” includes the Exclusive Economic Zone and all waters beyond the jurisdiction of any other State. _Explanation.—For the purposes of this clause, “Exclusive Economic Zone” means the Exclusive_ Economic Zone of any other State including the Exclusive Economic Zone of India; (f) “notification” means a notification published in the Official Gazette; (g) “other State” means any country other than India; (h) “piracy” means— (i) any illegal act of violence or detention or any act of depredation committed for private ends by any person or by the crew or any passenger of a private ship and directed on the high seas against another ship or any person or property on board such ship; (ii) any act of voluntary participation in the operation of a ship with knowledge of facts, making it a pirate ship; (iii) any act of inciting or of intentionally facilitating an act described in sub-clause (i) or sub-clause (ii); or 1. 22[nd] day of February, 2023, vide notification No. S.O. 802(E), dated 22[nd] February, 2023, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- (iv) any act which is deemed piratical under the international law including customary international law; (i) “pirate ship” means a ship which— (i) is intended by the person in dominant control to be used for the purposes of committing any of the acts referred to in sub-clauses (i) to (iv) of clause (h); or (ii) has been used to commit any such act, referred to in sub-clause (i) of this clause, so long as it remains under the control of the person guilty of that act; (j) “ship” means— (i) vessel or water craft of every description, including non-displacement craft; (ii) sea planes and other aircraft, used or capable of being used as means of transportation on water or engaged in any operations at sea. _Explanation.—For the purposes of this clause, “aircraft” shall have the same meaning as assigned_ to it in clause (1) of section 2 of the Aircraft Act, 1934 (22 of 1934); (k) “stateless person” means a person who is not considered as a national by any country by virtue of its laws. (2) The words and expressions used in this Act and not defined but defined in the Convention, the Indian Penal Code (45 of 1860), the Code or the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976), shall have the meanings respectively assigned to them in such Convention, the Codes or the Act. **3.** **Punishment for piracy.—Whoever commits any act of piracy, shall be punished—** (i) with imprisonment which may extend to imprisonment for life or with fine or with both; or (ii) with death or with imprisonment for life, if such person in committing the act of piracy causes death or an attempt thereof, and in addition shall also be subject to restitution or forfeiture of property involved in the commission of such offence. **4. Punishment for attempt to commit piracy, etc.—Whoever attempts to commit the offence of** piracy or aids or abets or conspires or procures for the commission of such offence shall be punished with imprisonment for a term which may extend to ten years or with fine or with both. **5. Punishment for organising or directing others to participate in an act of piracy.—Whoever** participates or organises or directs other person to participate in an act of piracy shall be punished with imprisonment for a term which may extend to fourteen years or with fine or with both. **6. Conferment of power of arrest, investigation, etc.—Notwithstanding anything contained in the** Code, the Central Government may, for the purposes of this Act, by notification, confer the powers of arrest, investigation and prosecution of any person exercisable by a police officer under the Code on any of its officer or such officer of a State Government. **7. Arrest of persons and seizure of ship and property.—(1) The authorised personnel may, either** generally or on suspicion that a ship is engaged in piracy on the high seas, board such ship and arrest the persons or seize the pirate ship and property on board. (2) The ship or property seized under sub-section (1) shall be disposed of only by the order of the court. **8. Designated Court.—For the purposes of providing speedy trial of offences under this Act, the** Central Government shall, after consulting the Chief Justice of the concerned High Court, by notification, specify— (i) one or more Courts of Sessions in a State, to be the Designated Court for the purposes of this Act; and 3 ----- (ii) the territorial jurisdiction of each such court: Provided that such territorial jurisdiction shall be determined on the basis of the port or place of disembarkation within India of the person suspected or accused of an offence under this Act. **9. Jurisdiction of Designated Court.—The Designated Court shall have jurisdiction to try an offence** punishable under this Act where such offence is committed— (i) by a person who is apprehended by, or is in the custody of, the authorized personnel or the police, regardless of the nationality or citizenship of such person; (ii) by a person who is a citizen of India or a resident foreign national in India or any stateless person: Provided that nothing in this section shall apply to a warship or its auxiliary ship or a Government owned ship employed for non-commercial service and is under the control of Government authorities at the time of commission of the offence of piracy. **10. Trial of offences by Designated Court.—(1) Notwithstanding anything contained in the Code,—** (a) all offences under this Act shall be tried by the Designated Court notified as such under clause (i) of section 8; (b) where a person accused of, or suspected of, the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code, such Magistrate may authorise the detention of such person in such custody, as he thinks fit, for a period not exceeding fifteen days in the whole, where such Magistrate is a Judicial Magistrate, and seven days in the whole where such Magistrate is an Executive Magistrate: Provided that where such Magistrate considers— (i) at the time when such person is forwarded to him under this sub-section; or (ii) at any time before the expiry of the period of detention authorised by him, that the detention of such person is not necessary, he shall order such person to be forwarded to the Designated Court having jurisdiction. (2) The Designated Court may exercise, in relation to the person forwarded to him under clause (b) of sub-section (1), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code, in relation to an accused person in such case who has been forwarded to him under that section. (3) A Designated Court may, upon a perusal of a complaint made by an officer of the Central Government or the State Government, as the case may be, authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial. (4) While trying an offence under this Act, a Designated Court may also try an offence under any other law, other than an offence under this Act, with which the accused may be charged at the same trial under the Code. (5) Notwithstanding anything contained in the Code, a Designated Court shall, as far as practicable, hold the trial on a day-to-day basis. **11. Presumption.—Where a person is accused of having committed an offence punishable under this** Act and, if,— (a) the arms, ammunitions, explosives and other equipments are recovered from the possession of the accused, and there are reasonable grounds to believe that such arms, ammunitions, explosives or other equipments of similar nature were used or intended to be used in the commission of the offence; (b) there is evidence of use of force, threat of force or any other form of intimidation caused to the crew or passengers of the ship in connection with the commission of the offence; or 4 ----- (c) there is evidence of an intended threat of using bombs, arms, firearms, explosives or committing any form of violence against the crew, passengers or cargo of a ship, then, the Designated Court shall presume, unless the contrary is proved, that the accused person had committed such offence. **12.** **Provisions as to bail. — (1) Notwithstanding anything contained in the Code, no person accused** of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless— (a) the Public Prosecutor has been given a reasonable opportunity to oppose the application for such release; and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding grant of bail under section 439 of the Code. **13. Application of Code in proceedings before Designated Court.—Save as otherwise provided** in this Act, the provisions of the Code shall apply to the proceedings before a Designated Court and the person conducting a prosecution before a Designated Court shall be deemed to be a Public Prosecutor appointed under the said Code. **14. Provision as to extradition.—(1) The offences under this Act shall be deemed to have been** included as extraditable offences and provided for in all extradition treaties made by India with any other State and which extend to and are binding on India on the date of commencement of this Act. (2) In the absence of a bilateral extradition treaty, the offences under this Act shall be extraditable offences between India and other State on the basis of reciprocity. (3) For the purposes of application of the provisions of the Extradition Act, 1962 (34 of 1962) to the offences under this Act, any ship registered in other State shall, at any time while that ship is operating, be deemed to be within the jurisdiction of that other State whether or not it is for the time being also within the jurisdiction of any other State. **15. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceedings** shall lie against an authorised personnel for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. (2) No suit or other legal proceeding shall lie against the Central Government or any State Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. ———— 5 -----

11-Aug-2023

21

The National Dental Commission Act, 2023

https://www.indiacode.nic.in/bitstream/123456789/19795/1/A2023-21.pdf

central

THE NATIONAL DENTAL COMMISSION ACT, 2023 ______________ ARRANGEMENT OF SECTIONS ______________ CHAPTER I PRELIMINARY SECTIONS. 1. Short title, extent and commencement. 2. Definitions. CHAPTER II NATIONAL DENTAL COMMISSION 3. Constitution of National Dental Commission. 4. Composition of Commission. 5. Search-cum-Selection Committee for appointment of Chairperson and Members. 6. Term of office and conditions of service of Chairperson and Members. 7. Removal of Chairperson and Member of Commission. 8. Appointment of Secretary, experts, professionals, officers and other employees of Commission. 9. Meetings, etc., of Commission. 10. Powers and functions of Commission. CHAPTER III DENTAL ADVISORY COUNCIL 11. Constitution and composition of Dental Advisory Council. 12. Functions of Dental Advisory Council. 13. Meetings of Dental Advisory Council. CHAPTER IV NATIONAL EXAMINATION 14. National Eligibility-cum-Entrance Test. CHAPTER V NATIONAL EXIT TEST (DENTAL) 15. National Exit Test (Dental). CHAPTER VI AUTONOMOUS BOARDS 16. Constitution of Autonomous Boards. 17. Composition of Autonomous Boards. 18. Search-cum-Selection Committee for appointment of President and Members. 19. Term of office and conditions of service of President and Members. 20. Advisory committees of experts. 21. Staff of Autonomous Boards. 22. Meetings, etc., of Autonomous Boards. 1 ----- SECTIONS. 23. Powers of Autonomous Boards and delegation of powers. 24. Powers and functions of Under-Graduate and Post-Graduate Dental Education Board. 25. Powers and functions of Dental Assessment and Rating Board. 26. Powers and functions of Ethics and Dental Registration Board. 27. Permission for establishment of new dental college or to start postgraduate course or to increase number of seats. 28. Criteria for approving or disapproving scheme. CHAPTER VII STATE DENTAL COUNCIL OR JOINT DENTAL COUNCIL 29. State Dental Council or Joint Dental Council. CHAPTER VIII NATIONAL REGISTER AND STATE REGISTER 30. National Register and State Register. 31. Rights of persons to have licence to practice and to be enrolled in National Register or State Register and their obligations thereto. 32. Bar to practice. CHAPTER IX RECOGNITION OF DENTAL QUALIFICATIONS 33. Recognition of dental qualifications granted by Universities or dental institutions in India. 34. Recognition of dental qualifications granted by dental institutions outside India. 35. Recognition of dental qualifications granted by statutory or other body in India. 36. Withdrawal of recognition granted to dental qualification granted by dental institutions in India. 37. De-recognition of dental qualifications granted by dental institutions outside India. CHAPTER X GRANTS, ACCOUNTS AND AUDIT 38. Grants by Central Government. 39. National Dental Commission Fund. 40. Audit and accounts. 41. Furnishing of returns and reports to Central Government. 2 ----- CHAPTER XI MISCELLANEOUS SECTIONS. 42. Power of Central Government to give directions to Commission and Autonomous Boards. 43. Power of Central Government to give directions to State Governments. 44. Information to be furnished by Commission and publication thereof. 45. Obligation of Universities and dental institutions. 46. Completion of courses of studies in dental institutions. 47. Joint sittings of Commission with relevant regulatory bodies. 48. State Government to promote preventive and promotive dental care in rural areas. 49. Chairperson, Members, officers of Commission and of Autonomous Boards to be public servants. 50. Protection of action taken in good faith. 51. Cognizance of offences. 52. Power of Central Government to supersede Commission. 53. Power of Central Government to make rules. 54. Power to make regulations. 55. Rules and regulations to be laid before Parliament. 56. Power of State Government to make rules. 57. Power to remove difficulties. 58. Repeal and saving. 59. Transitory provisions. THE SCHEDULE 3 ----- THE NATIONAL DENTAL COMMISSION ACT, 2023 ACT NO. 21 OF 2023 [11th August, 2023.] An Act to regulate the profession of dentistry in the country, to provide for quality and affordable dental education, to make accessible high quality oral healthcare and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the National Dental** Commission Act, 2023. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.— In this Act, unless the context otherwise requires,—** (a) “Autonomous Board” means any of the Autonomous Boards constituted under section 16; (b) “Chairperson” means the Chairperson of the National Dental Commission appointed under section 4; (c) “Commission” means the National Dental Commission constituted under section 3; (d) “Council” means the Dental Advisory Council constituted under section 11; (e) “Dental Assessment and Rating Board” means the Board constituted under section 16; (f) “dental auxiliary” includes a dental hygienist or a dental mechanic or a dental operating room assistant or such other category as may be specified by the Commission; (g) “dental hygienist” means a person not being a dentist or a medical practitioner who scales, cleans or polishes teeth, or gives instruction in dental hygiene; (h) “dental institution” means any institution within or outside India which grants degrees, diplomas, certificates for certification courses or licences in dentistry and includes affiliated colleges, deemed to be Universities and institutions mentioned in the Schedule; 1. 29th February, 2024, Sections 4, 5, 6, 8, 10, 11, 17, 19, 40, 41, 53 and 58(5), vide notification No. S.O. 990(E), dated 29th February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4 ----- (i) “dental mechanic” means a person qualified to perform laboratory work required for the prosthetic rehabilitation of dental and maxillofacial structures and orthodontic appliances; (j) “dental operating room assistant” means a person who assists the dentist in sterilising and handing over instruments as required by the dentist at the chair side; (k) “dentist” means a person who practices dentistry; (l) “dentistry” includes the science, practice and research in dental and oral health, directed towards— (i) facilitating healthy development of dentition, jaws and dentofacial structures; (ii) prevention of oral diseases and promotion of oral health; (iii) diagnosis and use of diagnostic tests, investigations and procedure to decide the normal and abnormal state or diseases of teeth, gums, jaws and related tissues necessary for the functions of the oral cavity; (iv) performing procedures for the optimisation of dental and oral health, which may include restoration, rehabilitation, surgery or a combination thereof, to restore the functions, structural anatomy and aesthetics of the stomatognathic system and the masticatory apparatus; (v) creating awareness and working knowledge of the effects of systemic health on dentition and oral cavity and to perform the duties of an active member of the healthcare team, including basic life support; (vi) promoting good systemic health through diagnosis and necessary interventions related to oral health conditions; and (vii) bringing awareness of oral health related issues of the society and of nation and to facilitate implementation of the updated policies of the Government or Government bodies in this regard; (m) “Ethics and Dental Registration Board” means the Board constituted under section 16; (n) “Fund” means the National Dental Commission Fund referred to in sub-section (1) of section 39; (o) “leader” means the Head of a Department or the Head of an Institute or organisation; (p) “licence” means a licence to practice dentistry granted under sub-section (1) of section 31; (q) “Member” means a Member of the Commission appointed under section 4 and includes the Chairperson thereof, or, as the case may be, a Member of the Autonomous Board referred to in section 17 and includes the President thereof; (r) “National Register” means the National Register for Dentists or the National Register for Dental Auxiliaries, as the case may be, maintained by the Ethics and Dental Registration Board under section 30; 5 ----- (s) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (t) “prescribed” means prescribed by rules made under this Act; (u) “President” means the President of an Autonomous Board appointed under section 18; (v) “recognised dental qualification” means a dental qualification recognised under section 33 or section 34 or section 35, as the case may be; (w) “regulations” means the regulations made by the Commission under this Act; (x) “registered professional” means any dentist or dental auxiliary who is registered in the National Register or the State Register under section 30; (y) “Schedule” means the Schedule to this Act; (z) “State Dental Council” means a dental council constituted under any law for the time being in force in any State or Union territory for regulating the practice and registration of practitioners of dentistry in that State or Union territory and includes a Joint Dental Council referred to in sub-section (7) of section 29; (za) “State Register” means the State Register for Dentists or the State Register for Dental Auxiliaries, as the case may be, maintained under any law for the time being in force in any State or Union territory for registration of dentists or dental auxiliaries, as the case may be; (zb) “Under-Graduate and Post-Graduate Dental Education Board” means the Board constituted under section 16; (zc) “University” shall have the same meaning as assigned to it in clause (f) of section 2 (3 of 1956) of the University Grants Commission Act, 1956 and includes a health University. CHAPTER II NATIONAL DENTAL COMMISSION **3. Constitution of National Dental Commission.—(1) The Central Government shall,** by notification in the Official Gazette, with effect from such date as it may appoint, constitute a Commission, to be known as the National Dental Commission, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act. (2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the Commission shall be at New Delhi. **4. Composition of Commission.—(1) The Commission shall consist of the following** persons to be appointed by the Central Government, namely:— (a) a Chairperson; (b) eight ex officio Members; and 6 ----- (c) twenty-four part-time Members. (2) The Chairperson shall be a dentist of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in dentistry from any University or institutes of national importance and having experience of not less than twenty years in the field of dentistry, out of which at least ten years shall be as a leader in the area of dental education. (3) The following persons shall be the _ex officio Members of the Commission,_ namely:— (a) the President of the Under-Graduate and Post-Graduate Dental Education Board; (b) the President of the Dental Assessment and Rating Board; (c) the President of the Ethics and Dental Registration Board; (d) the Director General of Health Services, Directorate General of Health Services, New Delhi; (e) Chief of the Centre for Dental Education and Research, All India Institute of Medical Sciences, New Delhi; (f) Head of the Oral Health Sciences Centre, Postgraduate Institute of Medical Education and Research, Chandigarh; (g) one person, not below the rank of Joint Secretary to the Government of India, to represent the Ministry of Health and Family Welfare, to be nominated by that Ministry; (h) the Chairperson, National Medical Commission or nominee from that Commission. (4) The following persons shall be appointed as part-time Members of the Commission, namely:— (a) three Members, to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in such areas including management, law, medical ethics, health research, consumer or patient rights advocacy, science and technology and economics, in such manner as may be prescribed, for a term of four years; (b) ten Members to be appointed on rotational basis from amongst the nominees of the States and Union territories under clauses (c) and (d) of sub-section (2) of section 11 in the Dental Advisory Council, in such manner as may be prescribed, for a term of two years; (c) nine members to be appointed on rotational basis from amongst the nominees of the States and Union territories under clause (e) of sub-section (2) of section 11 in the Dental Advisory Council, in such manner as may be prescribed, for a term of two years; (d) two dental faculties, from any Central or State or Autonomous Government Institutes, doing exemplary work in the field of dental education, to be nominated by the Central Government, in such manner as may be prescribed, for a term of four years. **5. Search-cum-Selection Committee for appointment of Chairperson and** **Members.—(1) The Central Government shall appoint—** 7 ----- (i) the Chairperson referred to in sub-section (2) of section 4; (ii) part-time Members referred to in clause (a) of sub-section (4) of section 4; (iii) the Secretary referred to in section 8; and (iv) the President and Members of Autonomous Boards referred to in section 16, on the recommendation of a Search-cum-Selection Committee consisting of— (a) the Cabinet Secretary—Chairperson; (b) three experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of dental education, public health education and health research, to be nominated by the Central Government, in such manner as may be prescribed—Members; (c) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology, to be nominated by the Central Government, in such manner as may be prescribed—Member; (d) the Secretary to the Government of India in charge of the Ministry of Health and Family Welfare, to be the Convener—Member. (2) The Central Government shall, within one month from the date of occurrence of any vacancy, including by reason of death, resignation or removal, of the Chairperson or Member or Secretary of the Commission or the President or Member of the Autonomous Board, as the case may be, or within three months before the end of tenure of such person, make a reference to the Search-cum-Selection Committee for filling up of the vacancy. (3) The Search-cum-Selection Committee shall recommend a panel of at least three names for every vacancy referred to it. (4) The Search-cum-Selection Committee shall, before recommending any person for appointment as the Chairperson or Member or Secretary, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Member or Secretary. (5) No appointment of the Chairperson or Member or Secretary of the Commission or the President or Member of the Autonomous Board, as the case may be, shall be invalid merely by reason of any vacancy or absence of a Member in the Search-cum-Selection Committee. (6) Subject to the provisions of sub-sections (2) to (5), the Search-cum-Selection Committee may regulate its own procedure. **6. Term of office and conditions of service of Chairperson and Members.—(1) The** Chairperson appointed under sub-section (2) of section 4, and Member of the Commission appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4 shall not be eligible for any extension of term beyond four years or for reappointment and such person shall cease to hold office after attaining the age of seventy years. (2) The term of office of an _ex officio_ Member shall continue as long as he holds the office by virtue of which he is such Member. 8 ----- (3) Where a Member, other than an ex officio Member, is absent from three consecutive ordinary meetings of the Commission and the cause of such absence is not attributable to any valid reason in the opinion of the Commission, such Member shall be deemed to have vacated the seat. (4) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4, other than an _ex officio Member, shall be such as may be_ prescribed. (5) The Chairperson or a Member or Secretary of the Commission may,— (a) relinquish his office by giving in writing to the Central Government a notice of not less than three months; or (b) be removed from his office in accordance with the provisions of section 7: Provided that such person may be relieved from duties earlier than three months or be allowed to continue beyond three months until a successor is appointed, if the Central Government so decides. (6) The Chairperson and every Member of the Commission shall make declaration of his assets and liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement in such form and manner as may be prescribed, and such declaration shall be published on the website of the Commission. (7) The Chairperson or a Member appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4 or the Secretary, ceasing to hold office as such, shall not accept, for a period of two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private dental institution, whose matter has been dealt with by such person, directly or indirectly: Provided that nothing herein shall be construed as preventing such person from accepting an employment in a body or institution, including dental institution, controlled or maintained by the Central Government or a State Government: Provided further that nothing herein shall prevent the Central Government from permitting the Chairperson or Member or Secretary of the Commission to accept any employment in any capacity, including as a consultant or expert in any private dental institution whose matter has been dealt with by such Chairperson or Member or Secretary. **7. Removal of Chairperson and Member of Commission.—(1) The Central** Government may, by order, remove from office the Chairperson or any other Member, who— (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Member; or (d) is of unsound mind and stands so declared by a competent court; or 9 ----- (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (f) has so abused his position as to render his continuance in office prejudicial to public interest. (2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter. **8. Appointment of Secretary, experts, professionals, officers and other employees of** **Commission.—(1) There shall be a Secretariat for the Commission to be headed by a** Secretary, to be appointed by the Central Government in accordance with the provisions of section 5. (2) The Secretary of the Commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribed. (3) The Secretary shall be appointed by the Central Government for a term of four years and shall not be eligible for any extension or reappointment. (4) The Secretary shall also be the Member Secretary of each of the Autonomous Boards constituted under section 16. (5) The Secretary shall discharge such functions of the Commission, and of each of the Autonomous Boards constituted under section 16, as may be specified by regulations. (6) The Commission may, for the efficient discharge of its functions under this Act, appoint such officers and other employees of the Commission, other than Secretary, as it considers necessary, against the posts created by the Central Government on the recommendation of the Commission. (7) The salaries and allowances payable to, and other terms and conditions of service of the Secretary, officers and other employees of the Commission shall be such as may be prescribed. (8) The Commission may engage, in accordance with the procedure specified by regulations, such number of experts, consultants and professionals of integrity and outstanding ability, who have special knowledge and experience in such fields, including dental education, public health, management, health economics, quality assurance, patient advocacy, health research, science and technology, administration, finance, accounts and law, as it deems necessary, to assist the Commission in the discharge of its functions under this Act: Provided that the Commission may, to facilitate global mobility and employability of registered professionals, invite such number of experts and domain specialists from a foreign country, as it deems necessary, who have special knowledge of dental curriculum, practical training and pattern of examination including licentiate examination of that country, to the meetings of the Commission, in such manner as may be specified by regulations. **9. Meetings, etc., of Commission.—(1) The Commission shall meet at least once every** quarter at such time and place as may be appointed by the Chairperson. 10 ----- (2) The Chairperson shall preside at the meeting of the Commission and if, for any reason, the Chairperson is unable to attend the meeting of the Commission, any other Member, being the President of an Autonomous Board, nominated by the Chairperson, shall preside at the meeting. (3) Unless the procedure to be followed at the meetings of the Commission is otherwise provided by regulations, one-half of the total number of Members of the Commission including the Chairperson shall constitute the quorum and all the acts of the Commission shall be decided by a majority of the members present and voting and in the event of equality of votes, the Chairperson, or in his absence, the President of the Autonomous Board nominated under sub-section (2), shall have the casting vote. (4) The general superintendence, direction and control of the administration of the Commission shall vest in the Chairperson. (5) No act done by the Commission shall be questioned on the ground of the existence of a vacancy in, or a defect in the constitution of, the Commission. **10. Powers and functions of Commission.—(1) The Commission shall, for ensuring** coordinated and integrated development of education and maintenance of the standards of delivery of services, take all such steps, as it may think fit, and revise the same periodically, as may be specified by regulations. (2) The Commission shall perform the following functions, namely:— (a) lay down policies and regulate standards for the governance of dental education, examination and training and make necessary regulations in this behalf; (b) promote adoption of additional degrees or diplomas, higher qualifications, including certification courses and development of soft skills for advancement of career of the dentists and dental auxiliaries; (c) regulate dental institutions, dental researches, dentists and dental auxiliaries and make necessary regulations in this behalf; (d) ensure that all admissions to undergraduate dental course, namely, Bachelor of Dental Surgery in all dental institutions which are governed by the provisions of this Act or any other law for the time being in force, shall be through National Eligibility-cumEntrance Test conducted under section 14 of the National Medical Commission Act, 2019 (30 of 2019); (e) to identify and regulate any other category of dental auxiliaries; (f) to collaborate with industry and institutions for use of cutting-edge technology and hybrid education to drive innovation and research in the field of dental education and examinations and make necessary regulations in this behalf; (g) assess the requirements in dental healthcare, including human resources for dental health, career progression of dentists and dental auxiliaries and healthcare infrastructure and develop a road map for meeting such requirements; (h) promote, coordinate and frame guidelines and lay down policies by making necessary regulations for the proper functioning of the Commission, the Autonomous 11 ----- Boards, the Dental Advisory Council, the State Dental Councils and the Joint Dental Councils; (i) ensure coordination among the Autonomous Boards; (j) take such measures, as may be necessary, to ensure compliance by the State Dental Councils of the guidelines framed and regulations made under this Act for their effective functioning under this Act; (k) exercise appellate jurisdiction with respect to the decisions of the Autonomous Boards; (l) promote preventive dental care services; (m) lay down policies and codes to ensure observance of professional ethics in dental profession and to promote ethical conduct during the provision of care by dentists; (n) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of seats in private dental institutions and deemed to be Universities which are governed under the provisions of this Act; (o) take measures to enhance skills and competency of registered professionals for facilitating global mobility; (p) exercise such other powers and perform such other functions as may be prescribed. (3) The Commission may delegate such of its functions (except the power to make regulations) to the Autonomous Boards as it may deem necessary. (4) The Commission may give such directions, as may deem necessary, to a State Council for carrying out all or any of the provisions of this Act and the State Council shall comply with such directions. (5) All orders and decisions of the Commission shall be authenticated by the signature of the Secretary. (6) The Commission may delegate such of its powers of administrative and financial matters, as it deems fit, to the Secretary. (7) The Commission may constitute sub-committees and delegate such of its powers to such sub-committees as may be necessary to enable them to accomplish specific tasks. CHAPTER III DENTAL ADVISORY COUNCIL **11. Constitution and composition of Dental Advisory Council.—(1) The Central** Government shall constitute an advisory body to be known as the Dental Advisory Council. (2) The Council shall consist of a Chairperson and the following members, namely:— (a) the Chairperson of the Commission shall be the _ex officio_ Chairperson of the Council; (b) every _ex officio member of the Commission appointed under sub-section (3) of_ section 4, and the part-time members appointed under clauses (a) and (d) of sub-section (4) of that section, shall be the ex officio members of the Council; 12 ----- (c) one member to represent each State, who is the Dean or Principal of a Government Dental College in that State, to be nominated by that State Government: Provided that the term of office of the member shall continue as long as he holds the post by virtue of which he has been nominated, subject to a maximum of four years; (d) one member to represent each Union territory, who is the Dean or Principal of a Government Dental College in that Union territory, to be nominated by the Ministry of Home Affairs in the Government of India: Provided that the term of office of the member shall continue as long as he holds the post by virtue of which he has been nominated, subject to a maximum of four years: Provided further that if there is no Government Dental College in any State or Union territory, the State Government or in case of a Union territory, the Ministry of Home Affairs shall nominate a member possessing such dental qualifications and experience, as may be prescribed; (e) one member to represent each State and each Union territory from amongst the members of the State Dental Council, to be nominated by that State Dental Council for a term of four years and shall not be eligible for any extension or reappointment: Provided that if such member ceases to be a member of the State Dental Council before the completion of his four year term, then, he shall cease to be a member of the Dental Advisory Council as well, and in such an eventuality, the State Dental Council shall nominate another member to represent that State or Union territory, as the case may be, for the remaining term of office of the member in whose place he is so nominated; (f) the Chairman, University Grants Commission; (g) the Director, National Assessment and Accreditation Council; (h) three members to be nominated by the Central Government from amongst persons holding the post of Director in the institutions of national importance or Vice-Chancellor in the Universities; (i) Director General of Indian Council for Medical Research or his nominee not below the rank of Scientist ‘H’; (j) Director General Dental Services, Army Dental Corps or nominee. **12. Functions of Dental Advisory Council.—(1) The Council shall be the primary** platform through which the States and Union territories may put forth their views and concerns before the Commission and help in shaping the overall agenda, policy and action relating to dental education and training. (2) The Council shall advise the Commission on measures to determine and maintain, and to coordinate maintenance of, the minimum standards in all matters relating to dental education, training and research. (3) The Council shall advise the Commission on measures to enhance equitable access to dental education and uniform system of examination. 13 ----- **13. Meetings of Dental Advisory Council.—(1) The Council shall meet at least once a** year at such time and place as may be decided by the Chairperson. (2) The Chairperson shall preside at the meeting of the Council and if for any reason the Chairperson is unable to attend a meeting of the Council, such other member as nominated by the Chairperson shall preside over the meeting. (3) Unless the procedure is otherwise provided by regulations, fifty per cent. of the members of the Council including the Chairperson shall form the quorum and all acts of the Council shall be decided by a majority of the members present and voting. CHAPTER IV NATIONAL EXAMINATION **14. National Eligibility-cum-Entrance Test.—(1) All admissions to the undergraduate** course of Bachelor of Dental Surgery in all dental institutions which are governed by the provisions of this Act or any other law for the time being in force shall be through National Eligibility-cum-Entrance Test conducted under section 14 of the National Medical Commission Act, 2019 (30 of 2019). (2) Till such time as the National Exit Test (Dental) becomes operational under section 15, all admissions to the postgraduate courses of Master of Dental Surgery in all dental institutions which are governed by the provisions of this Act or any other law for the time being in force shall be through National Eligibility-cum-Entrance Test (MDS) to be conducted by the designated authority appointed by the Central Government. (3) The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to undergraduate and postgraduate seats in all the dental institutions which are governed by the provisions of this Act: Provided that the designated authority appointed or nominated by the Central Government shall conduct the common counselling for all India seats and the designated authority of the State Government shall conduct the common counselling for the seats at the State level. CHAPTER V NATIONAL EXIT TEST (DENTAL) **15. National Exit Test (Dental).—(1) A common final year undergraduate dental** examination, to be known as the ‘National Exit Test (Dental)’ shall be held for granting licence to practice dentistry as dentists and for enrolment in the State Register or the National Register, as the case may be. (2) The Commission shall conduct the National Exit Test (Dental) through such designated authority and in such manner as may be specified by regulations. (3) The National Exit Test (Dental) shall become operational on such date, within three years from the date of commencement of this Act, as may be appointed by the Central Government, by notification. (4) Any person with a foreign dental qualification shall have to qualify National Exit Test (Dental) for the purpose of obtaining licence to practice dentistry as dentist and for 14 ----- enrolment in the State Register or the National Register, as the case may be, in such manner as may be specified by regulations. (5) The National Exit Test (Dental) shall be the basis for admission to the postgraduate dental education in dental institutions which are governed under the provisions of this Act or under any other law for the time being in force and shall be done in such manner as may be specified by regulations. (6) The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in the dental institutions referred to in sub-section (5). (7) The designated authority of the Central Government shall conduct the common counselling for All India seats and the designated authority of the State Government shall conduct the common counselling for the seats at the State level. CHAPTER VI AUTONOMOUS BOARDS **16. Constitution of Autonomous Boards.—(1) The Central Government shall, by** notification, constitute the following Autonomous Boards, under the overall supervision of the Commission, to perform the functions assigned to such Boards under this Act, namely:— (a) the Under-Graduate and Post-Graduate Dental Education Board; (b) the Dental Assessment and Rating Board; and (c) the Ethics and Dental Registration Board. (2) Every Autonomous Board shall carry out its functions under this Act in such manner as may be specified by regulations. **17. Composition of Autonomous Boards.—(1) Every Autonomous Board shall consist** of a President, not more than two whole-time Members and not more than two part-time Members. (2) The President of each Autonomous Board, two whole-time Members and one part time Member of the Under-Graduate and Post-Graduate Dental Education Board, and one whole-time Member and one part-time Member of the Dental Assessment and Rating Board and of the Ethics and Dental Registration Board, shall be persons of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of dentistry from any University and having hands-on clinical experience of not less than fifteen years, out of which at least seven years shall be as a leader in the area of dental education. (3) The second whole-time Member of the Dental Assessment and Rating Board shall be a person of outstanding ability and integrity, possessing a postgraduate degree in any of the disciplines of management, quality assurance, law or science and technology from any University, having experience of not less than fifteen years in such field, out of which at least seven years shall be as a leader. (4) The second whole-time Member of the Ethics and Dental Registration Board shall be a person of outstanding ability who has demonstrated public record of work on dental or 15 ----- medical ethics or a person of outstanding ability possessing a postgraduate degree in any of the disciplines of quality assurance, public health, law or patient advocacy from any University and having experience of not less than fifteen years in such field, out of which at least seven years shall be as a leader. (5) The second part-time Member of the Under-Graduate and Post-Graduate Dental Education Board, the Dental Assessment and Rating Board and the Ethics and Dental Registration Board shall be chosen from amongst the Members appointed under clause (c) of sub-section (4) of section 4 in such manner as may be prescribed. **18. Search-cum-Selection Committee for appointment of President and** **Members.—The Central Government shall appoint the President and Members of the** Autonomous Boards, except Members referred to in sub-section (5) of section 17, on the recommendations made by the Search-cum-Selection Committee constituted under section 5 in accordance with the procedure specified in that section. **19. Term of office and conditions of service of President and Members.—(1) The** President and Members (other than part-time Members) of each Autonomous Board shall hold the office for a term not exceeding four years and shall not be eligible for any extension or reappointment: Provided that part-time Members of each Autonomous Board shall hold the office for a term of two years: Provided further that the President or a Member shall cease to hold office after attaining the age of seventy years. (2) The salaries and allowances payable to, and other terms and conditions of service of the President and Members (other than part-time Members) of an Autonomous Board shall be such as may be prescribed: Provided that part-time Members of each Autonomous Board shall be entitled for such allowances as may be prescribed. (3) The provisions of sub-sections (3), (5), (6) and (7) of section 6 relating to other terms and conditions of service of, and section 7 relating to removal from the office of, the Chairperson and Members of the Commission shall also be applicable to the President and Members of the Autonomous Boards. **20. Advisory committees of experts.—(1) Each Autonomous Board, except the Ethics** and Dental Registration Board, shall be assisted by such advisory committees of experts as may be constituted by the Commission for the efficient discharge of the functions of such Boards under this Act: Provided that the advisory committee for the Under-Graduate and Post-Graduate Dental Education Board shall also have at least one member from amongst personnel of each category of the dental auxiliaries to be nominated by the Chairperson of the Commission, in such manner as may be specified by regulations. (2) The Ethics and Dental Registration Board shall be assisted by such ethics committees of experts as may be constituted by the Commission for the efficient discharge of the functions of that Board under this Act. 16 ----- **21. Staff of Autonomous Boards.—The experts, consultants, professionals, officers and** other employees appointed under section 8 shall be made available to the Autonomous Boards in such number, and in such manner, as may be specified by regulations by the Commission: Provided that the experts and domain specialists from foreign countries invited by the Commission under sub-section (8) of section 8 shall also be made available to the Autonomous Boards in such number and manner, as may be specified by regulations. **22. Meetings, etc., of Autonomous Boards.—(1) Every Autonomous Board shall meet** at least once every month, or earlier, as the case may be, at such time and place as it may appoint. (2) All decisions of the Autonomous Boards shall be made by majority of votes of the President and Members. (3) Subject to the provisions of section 28, a person who is aggrieved by any decision of an Autonomous Board may prefer an appeal to the Commission against such decision within thirty days of the communication of such decision; and the Commission shall, after giving an opportunity of being heard, dispose of the appeal within a period of sixty days from the date of such appeal: Provided that the President of the concerned Board shall not attend proceedings of the hearing of the appeal made against the decision of his Board. **23. Powers of Autonomous Boards and delegation of powers.—(1) The President of** each Autonomous Board shall have such administrative and financial powers as may be delegated to it by the Commission to enable such Board to function efficiently. (2) The President of an Autonomous Board may further delegate any of his powers to a Member or an officer of that Board, and such person shall exercise his powers subject to the general control, supervision and direction of the President. **24. Powers and functions of Under-Graduate and Post-Graduate Dental Education** **Board.—(1) The Under-Graduate and Post-Graduate Dental Education Board shall perform** the following functions, namely: — (a) determine minimum requirements and standards of dental education at undergraduate level and postgraduate level for dentists and dental auxiliaries in accordance with the regulations made under this Act, and oversee all aspects relating thereto; (b) develop competency based dynamic curriculum at undergraduate level and postgraduate level for dentists and dental auxiliaries for addressing the needs of basic dental care services, including public dentistry and community dental care, in accordance with the provisions of regulations made under this Act with a view to develop appropriate skill, knowledge, attitude, values and ethics to provide dental care, impart dental education and conduct dental research; (c) frame guidelines for setting up of dental institutions for imparting undergraduate courses and postgraduate courses for dentists and dental auxiliaries, having regard to the needs of the country and the global norms, in accordance with the regulations made under this Act; 17 ----- (d) determine the minimum requirements and standards for conducting courses and examinations at undergraduate level and postgraduate level for dentists and dental auxiliaries in dental institutions, having regard to the needs of creativity at local levels, including designing of some courses by individual institutions, in accordance with provisions of the regulations made under this Act; (e) determine standards and norms for infrastructure, faculty and quality of education in dental institutions providing undergraduate and postgraduate dental education for dentists and dental auxiliaries in accordance with provisions of the regulations made under this Act; (f) facilitate development and training of faculty members teaching undergraduate courses for dentists and dental auxiliaries; (g) facilitate research and the international student and faculty exchange programme relating to undergraduate and postgraduate dental education; (h) specify norms for compulsory annual disclosures, electronically or otherwise, by dental institutions, in respect of their functions which have a bearing on the interest of all stakeholders, including students, faculty, State Dental Councils, Joint Dental Council, the Commission and the Central Government; (i) grant recognition to a dental qualification at the undergraduate level and postgraduate level for dentists and dental auxiliaries. (2) The Under-Graduate and Post-Graduate Dental Education Board shall, in the discharge of its duties, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **25. Powers and functions of Dental Assessment and Rating Board.—(1) The Dental** Assessment and Rating Board shall perform the following functions, namely:— (a) determine the procedure for assessing and rating the dental institutions for their compliance with the standards laid down by the Under-Graduate and Post-Graduate Dental Education Board in accordance with the regulations made under this Act; (b) grant permission for establishment of a new dental institution, or to start any postgraduate course or to increase number of seats, in accordance with the provisions of section 28; (c) conduct inspections of dental institutions using Information Technology based tools or otherwise for assessing and rating such institutions in accordance with the regulations made under this Act: Provided that the Dental Assessment and Rating Board may, if it deems necessary, hire and authorise any other third party agency or accreditation body or persons for carrying out inspections of dental institutions for assessing and rating such institutions: Provided further that where inspection of dental institutions is carried out by such third party agency or accreditation body or persons authorised by the Dental Assessment and Rating Board, it shall be obligatory on such institutions to provide access to such agency or person; 18 ----- (d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, inspection to assess and rate all dental institutions, within such period of their opening, and every year thereafter, at such time, and in such manner, as may be specified by regulations: Provided that the Dental Assessment and Rating Board may conduct evaluation and assessment of any dental institution at any time, either directly or through any other expert having integrity and experience of dental profession and without any prior notice and assess and evaluate the performance, standards and benchmarks of such dental institution; (e) make available on its website or in public domain the assessment and ratings of dental institutions at regular intervals in accordance with the regulations made under this Act; (f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a dental institution for failure to maintain the minimum essential standards specified by the Under-Graduate and Post-Graduate Dental Education Board, in accordance with the regulations made under this Act: Provided that the monetary penalty so imposed shall not be less than one-tenth, and not more than five times, of the total amount charged, by whatever name called, by such institution for one full batch of students of undergraduate course or postgraduate course, as the case may be: Provided further that the Dental Assessment and Rating Board shall consult the Under-Graduate and Post-Graduate Dental Education Board before recommending to the Commission for withdrawal of recognition of a dental institution that fails to maintain the minimum essential standards specified by the Under-Graduate and Post-Graduate Dental Education Board. (2) The Dental Assessment and Rating Board shall, in the discharge of its functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **26. Powers and functions of Ethics and Dental Registration Board.— (1) The Ethics** and Dental Registration Board shall perform the following functions, namely:— (a) maintain an online and live National Registers of all licensed dentists and dental auxiliaries in accordance with the provisions of section 30; (b) regulate the standards, scope of practice, professional conduct and promote dental ethics in accordance with the regulations made under this Act: Provided that the Ethics and Dental Registration Board shall ensure compliance of the code of professional and ethical conduct through the State Dental Council in a case where such State Dental Council has been conferred power to take disciplinary actions in respect of professional or ethical misconduct by dentists under respective State Acts; (c) approve or reject the application for registration or suspend or cancel registration or licence granted to dentists and dental auxiliaries on grounds of professional and ethical misconduct; 19 ----- (d) develop mechanisms to have continuous interaction with State Dental Councils to effectively promote and regulate the conduct of dentists and professionals; (e) exercise appellate jurisdiction under sub-section (5) of section 29 with respect to the actions taken by a State Dental Council. (2) The Ethics and Dental Registration Board shall, in the discharge of its duties, make such recommendations to, and seek such directions from, the Commission, as it deems necessary. **27. Permission for establishment of new dental college or to start postgraduate** **course or to increase number of seats.—(1) No person shall establish a new dental college** or start any postgraduate course or increase number of seats without obtaining prior permission of the Dental Assessment and Rating Board: Provided that the Dental Assessment and Rating Board shall consult the Under-Graduate and Post-Graduate Dental Education Board before approving or disapproving such permission. (2) For the purposes of obtaining permission under sub-section (1), a person may submit a scheme to the Dental Assessment and Rating Board in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by regulations. (3) The Dental Assessment and Rating Board shall, having due regard to the criteria specified in section 28, consider the scheme received under sub-section (2) and either approve or disapprove such scheme within a period of six months from the date of such receipt: Provided that the Dental Assessment and Rating Board shall consult the Under-Graduate and Post-Graduate Dental Education Board before approving such scheme: Provided further that before disapproving the scheme, an opportunity to rectify the defects, if any, shall be given to the person concerned. (4) Where a scheme is approved under sub-section (3), such approval shall be the permission under sub-section (1) to establish new dental college or to start any postgraduate course or to increase number of seats, as the case may be. (5) Where a scheme is disapproved under sub-section (3), or where no decision is taken within six months of submitting a scheme under sub-section (1), the person concerned may prefer an appeal to the Commission for approval of the scheme within fifteen days of such disapproval or, as the case may be, lapse of six months, in such manner as may be specified by regulations. (6) The Commission shall decide the appeal received under sub-section (5) within a period of sixty days from the date of receipt of the appeal and in case the Commission approves the scheme, such approval shall be the permission under sub-section (1) to establish a new dental college or to start any postgraduate course or to increase number of seats, as the case may be, and in case the Commission disapproves the Scheme, or fails to give its decision within the specified period, the person concerned may prefer a second appeal to the Central Government within thirty days of communication of such disapproval or, as the case may be, lapse of specified period. 20 ----- (7) The Dental Assessment and Rating Board may conduct evaluation and assessment of any dental institution at any time, either directly or through any other expert having integrity and experience in dental profession, without any prior notice and assess and evaluate the performance, standards and benchmarks of such dental institution. _Explanation.—For the purposes of this section, the term “person” includes a University,_ trust or any other association of persons or body of individuals, but does not include the Central Government. **28. Criteria for approving or disapproving scheme.—While approving or** disapproving a scheme under section 27, the Dental Assessment and Rating Board, or the Commission, as the case may be, shall take into consideration the following criteria, namely:— (a) adequacy of financial resources; (b) whether adequate academic faculty and other necessary facilities have been provided to ensure proper functioning of dental college or undertaken to be provided within the time-limit specified in the scheme; (c) whether adequate hospital facilities have been provided or undertaken to be provided within the time-limit specified in the scheme; (d) such other factors as may be specified by regulations. CHAPTER VII STATE DENTAL COUNCIL OR JOINT DENTAL COUNCIL **29. State Dental Council or Joint Dental Council.—(1) The State Government shall,** within one year of the commencement of this Act, take necessary steps to establish a State Dental Council having the following composition, namely:— (a) a dentist of outstanding ability, proven administrative capacity and integrity and possessing a postgraduate degree in any discipline of dentistry from any University or institute of national importance with experience of not less than twenty years in the field of dentistry, out of which at least ten years shall be as a leader, to be appointed by the State Government—Chairperson; (b) one representative of the department of medical education or health services in the State Government not below the rank of Additional Director— Member, ex officio; (c) four persons to be elected by dentists registered in the State Register from among themselves, in such manner as may be prescribed by the State Government— Members; (d) two persons, having experience of not less than ten years in any field of dentistry from any Government Dental College in that State, to be nominated by the State Government—Members: Provided that if the State does not have a Government Dental College, the State Government may nominate one of the senior-most dentist with minimum of ten years' service in any Government hospital or in the dental department of a Government Medical College; 21 ----- (e) two persons having experience of not less than ten years in any field of dentistry from any recognised private dental college in the State, to be nominated by the State Government—Members: Provided that if the State does not have a private dental college, the State Government may nominate one of the senior-most dentist with minimum of ten years' service in any private hospital or in the dental department of a private medical college; (f) two persons of eminence having experience of not less than ten years in any field of dentistry, to be nominated by the State Government—Members. (2) The State Dental Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued. (3) The Chairperson of the State Dental Council and Members elected or nominated under clauses (c), (d), (e) and (f) of sub-section (1) shall hold office for a term not exceeding four years from the date on which they enter upon their office and shall not be eligible for extension or reappointment: Provided that such person shall cease to hold office after attaining the age of seventy years. (4) Where a State Act confers power upon the State Dental Council to take disciplinary actions in respect of any professional or ethical misconduct by a registered dentist or professional, the State Dental Council shall act in accordance with the regulations made, and the guidelines framed, under this Act: Provided that till such time as a State Dental Council is established in a State, the Ethics and Dental Registration Board shall receive the complaints and grievances relating to any professional or ethical misconduct against a registered dentist or professional in that State in accordance with such procedure as may be specified by regulations: Provided further that the Ethics and Dental Registration Board or the State Dental Council, as the case may be, shall give an opportunity of being heard to the dentist or professional concerned before taking any action, including imposition of any monetary penalty against such person. (5) A registered professional or any other person who is aggrieved by any action taken by a State Dental Council under sub-section (4) may prefer an appeal to the Ethics and Dental Registration Board within sixty days against such action, and the Ethics and Dental Registration Board shall decide on the appeal within a period of sixty days and the decision, if any, of the Ethics and Dental Registration Board thereupon shall be binding on the State Dental Council, unless a second appeal is preferred under sub-section (6). (6) A registered professional or any other person who is aggrieved by the decision of the Ethics and Dental Registration Board may prefer an appeal to the Commission within sixty days of communication of such decision and the Commission shall dispose of such appeal within a period of ninety days from the date of that appeal. (7) Notwithstanding anything to the contrary contained in this section, two or more States Governments may enter into an agreement to constitute a Joint Dental Council with 22 ----- representation of the participating States, not exceeding the composition specified in subsection (1), to be in force for such period and subject to renewal for such further period, as may be specified in the agreement. _Explanation.—For the purposes of this Act,—_ (a) “State” includes Union territory and the expressions “State Government” and “State Dental Council”, in relation to a Union territory, shall respectively mean the “Central Government” and “Union Territory Dental Council”; (b) the expression “professional or ethical misconduct” includes any act of commission or omission as may be specified by regulations. CHAPTER VIII NATIONAL REGISTER AND STATE REGISTER **30. National Register and State Register.—(1) The Ethics and Dental Registration** Board shall maintain an online and live National Register for Dentists containing the name, address, all recognised qualifications possessed by a licensed dentist and such other particulars as may be specified by regulations. (2) The Ethics and Dental Registration Board shall also maintain a separate online and live National Register for each category of dental auxiliaries, containing the name, address, recognised qualifications possessed by the dental auxiliaries and such other particulars as may be specified by regulations. (3) The National Register referred to in sub-sections (1) and (2) shall be maintained in such form, including in electronic or digital form and in such manner as may be specified by regulations. (4) The manner in which a name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, shall be such as may be specified by regulations. (5) The National Register shall be a public document within the meaning of section 74 of the Indian Evidence Act, 1872 (1 of 1872). (6) The National Register shall be made available to the public in form of a digital portal accessible on the website of the Ethics and Dental Registration Board in such manner and form as may be specified by regulations. (7) Every State Dental Council shall maintain and regularly update the State Register for Dentists and the State Register for dental auxiliaries in the specified electronic format and supply a physical copy of the same to the Ethics and Dental Registration Board within three months of the commencement of this Act. (8) The Ethics and Dental Registration Board shall ensure electronic synchronisation of the National Register and the State Registers in such manner that any change in one register is automatically reflected in the other register. **31. Rights of persons to have licence to practice and to be enrolled in National** **Register or State Register and their obligations thereto.—(1) Any person who qualifies** the National Exit Test (Dental) held under section 15 shall be granted a licence to practice 23 ----- dentistry and shall have his name and qualifications enrolled in the National Register or a State Register, as the case may be: Provided that a person who has been registered in the Indian Dental Register maintained under the Dentists Act, 1948 (16 of 1948) prior to the coming into force of this Act and before the National Exit Test (Dental) becomes operational under sub-section (3) of section 15, shall be deemed to have been registered under this Act and be enrolled in the National Register maintained under this Act. (2) No person who has obtained dental qualification from a dental institution established in any country outside India and is recognised as a dentist in that country, shall, after the commencement of this Act and the National Exit Test (Dental) becomes operational under sub-section (3) of section 15, be enrolled in the National Register unless he qualifies the National Exit Test (Dental). (3) When a person whose name is entered in the State Register or the National Register, as the case may be, obtains any title, diploma or other qualification for proficiency in sciences or public health or dentistry which is a recognised dental qualification under section 33 or section 34 or section 35, as the case may be, he shall be entitled to have such title, diploma or qualification entered against his name in the State Register or the National Register, as the case may be, in such manner as may be specified by regulations. **32. Bar to practice.—(1) No person other than a person who is enrolled in the State** Register or the National Register, as the case may be, shall— (a) be allowed to practice dentistry as a qualified dentist; (b) hold office as a dentist or any other office, by whatever name called, which is meant to be held by a dentist; (c) be entitled to sign or authenticate a medical or fitness certificate or any other certificate relating to dentistry, required by any law to be signed or authenticated by a duly qualified dentist; (d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to dentistry: Provided that a foreign citizen who is enrolled in his country as a dentist in accordance with the law regulating the registration of dentists in that country may be permitted temporary registration in India for such period and in such manner as may be specified by regulations. (2) Any person who contravenes any of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees or with both. CHAPTER IX RECOGNITION OF DENTAL QUALIFICATIONS **33. Recognition of dental qualifications granted by Universities or dental** **institutions in India.—(1) The dental qualification granted by any University or dental** institution in India shall be listed and maintained by the Under-Graduate and Post-Graduate 24 ----- Dental Education Board in such manner as may be specified by regulations and such dental qualification shall be a recognised dental qualification for the purposes of this Act. (2) Any University or dental institution in India which grants an undergraduate or postgraduate dental qualification not included in the list maintained by the Under-Graduate and Post-Graduate Dental Education Board shall apply to that Board for granting recognition to such qualification. (3) The Under-Graduate and Post-Graduate Dental Education Board shall examine the application for grant of recognition to a dental qualification within a period of six months in such manner as may be specified by regulations. (4) Where the Under-Graduate and Post-Graduate Dental Education Board decides to grant recognition to a dental qualification, it shall include such dental qualification in the list maintained by it and also specify the date of effect of such recognition. (5) Where the Under-Graduate and Post-Graduate Dental Education Board decides not to grant recognition to a dental qualification, the University or the dental institution concerned may prefer an appeal to the Commission for grant of recognition within sixty days of the communication of such decision, in such manner as may be specified by regulations. (6) The Commission shall examine the appeal received under sub-section (5) within sixty days from the date of filing of appeal and after giving an opportunity of being heard, pass such orders, as it thinks fit. (7) Where the Commission decides not to grant recognition to the dental qualification or fails to take a decision within the specified period, the University or the dental institution concerned may prefer a second appeal to the Central Government within thirty days of the communication of such decision or lapse of the specified period, as the case may be. (8) All dental qualifications which have been recognised before the date of commencement of this Act and are included in Part I and Part II of the Schedule to the Dentists Act, 1948 (16 of 1948), shall also be recognised dental qualifications for the purposes of this Act, and shall be listed and maintained by the Under-Graduate and Post-Graduate Dental Education Board in such manner as may be specified by regulations. **34. Recognition of dental qualifications granted by dental institutions outside** **India.—(1) Any primary dental qualification or higher dental qualification which is** recognised for enrolment as a dentist in a foreign country shall, in respect of a person who qualifies the National Exit Test (Dental) for primary dental qualification, or the Screening Test for higher dental qualification, be deemed to be a recognised dental qualification for the purposes of this Act. (2) The Commission shall, for the purposes of sub-section (1), conduct Screening Test for higher dental qualification through such designated authority, and in such manner, as may be specified by regulations. (3) All dental qualifications which have been recognised before the date of commencement of this Act and are included in Part III of the Schedule to the Dentists Act, 1948 (16 of 1948), shall also be recognised dental qualifications for the purposes of this Act, 25 ----- and shall be listed and maintained by the Commission in such manner as may be specified by regulations. **35. Recognition of dental qualifications granted by statutory or other body in** **India.—(1) The dental qualifications granted by any statutory or other dental body in India** which are covered by the categories listed in the Schedule shall be recognised dental qualifications for the purposes of this Act. (2) The Central Government may, on the recommendation of the Commission, and having regard to the objects of this Act, by notification, add to, or, as the case may be, omit from, the Schedule any categories of dental qualifications granted by a statutory or other body in India and on such addition, or as the case may be, omission, the dental qualifications granted by such statutory or other body in India shall be, or shall cease to be, recognised dental qualifications for the purposes of this Act. **36. Withdrawal of recognition granted to dental qualification granted by dental** **institutions in India.—(1) Where, upon receiving the recommendation from the Dental** Assessment and Rating Board under section 25, or otherwise, if the Commission is of the opinion that— (a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a University or dental institution do not conform to the standards specified by the Under-Graduate and Post-Graduate Dental Education Board; or (b) the standards and norms for infrastructure, faculty and quality of education in dental institution as determined by the Under-Graduate and Post-Graduate Dental Education Board are not adhered to by any University or dental institution, and such University or dental institution has failed to take necessary corrective action to maintain specified minimum standards, the Commission may initiate action in accordance with the provisions of sub-section (2): Provided that the Commission shall, before taking any action for suo motu withdrawal of recognition granted to the dental qualification awarded by a University or dental institution, impose penalty in accordance with the provisions of clause (f) of sub-section (1) of section 25. (2) The Commission shall, after making such further inquiry as it deems fit, and after holding consultations with the concerned State Government and the authority of the concerned University or dental institution, comes to the conclusion that the recognition granted to a dental qualification ought to be withdrawn, it may, by order, withdraw recognition granted to such dental qualification and direct the Under-Graduate and PostGraduate Dental Education Board to amend the entries against the University or dental institution concerned in the list maintained by that Board to the effect that the recognition granted to such dental qualification is withdrawn with effect from the date specified in that order. **37. De-recognition of dental qualifications granted by dental institutions outside** **India.—Where, after verification with the authority in any country outside India, the** Commission is of the opinion that a recognised dental qualification granted by dental institutions outside India which is included in the list maintained by it is to be de 26 ----- recognised, it may, by order, de-recognise such dental qualification and remove it from the list maintained by the Commission with effect from the date of such order. CHAPTER X GRANTS, ACCOUNTS AND AUDIT **38. Grants by Central Government.—The Central Government may, after due** appropriation made by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central Government may think fit. **39. National Dental Commission Fund.—(1) There shall be constituted a fund to be** called “the National Dental Commission Fund” which shall form part of the public account of India and there shall be credited thereto— (a) all fees, penalties and charges received by the Commission and the Autonomous Boards; (b) all sums received by the Commission from such other sources as may be decided by it. (2) The Fund shall be applied for making payment towards— (a) the salaries and allowances payable to the Chairperson, Members appointed or nominated under clauses (a) and (d) of sub-section (4) of section 4 and the Secretary of the Commission, the Presidents and Members of the Autonomous Boards and the administrative expenses including the salaries and allowances payable to the officers and other employees of the Commission and Autonomous Boards; (b) the expenses incurred in carrying out the provisions of this Act, including in connection with the discharge of the functions of the Commission and the Autonomous Boards. **40. Audit and accounts.—(1) The Commission shall maintain proper accounts and** other relevant records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other persons appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and in particular, shall have the right to demand the production of, and complete access to, records, books, accounts, connected vouchers and other documents and papers and to inspect the office of the Commission. (4) The accounts of the Commission as certified by the Comptroller and Auditor General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually by the Commission to the Central Government 27 ----- which shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament. **41. Furnishing of returns and reports to Central Government.—(1) The** Commission shall furnish to the Central Government, at such time, in such form and in such manner, as may be prescribed or as the Central Government may direct, such reports and statements, containing such particulars in regard to any matter under the jurisdiction of the Commission, as the Central Government may, from time to time, require. (2) The Commission shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government. (3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament. CHAPTER XI MISCELLANEOUS **42. Power of Central Government to give directions to Commission and** **Autonomous Boards.—(1) Without prejudice to the foregoing provisions of this Act, the** Commission and the Autonomous Boards shall, in exercise of their powers and discharge of their functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to them from time to time: Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section. (2) The decision of the Central Government as to whether a question is one of policy or not shall be final. **43. Power of Central Government to give directions to State Governments.—(1)** The Central Government may give such directions on questions of policy, as it may deem necessary, to a State Government for carrying out all or any of the provisions of this Act and the State Government shall comply with such directions. (2) The decision of the Central Government as to whether a question is one of policy or not shall be final. **44. Information to be furnished by Commission and publication thereof.—(1) The** Commission shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Government as that Government may require. (2) The Central Government may publish, in such manner as it may think fit, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1). **45. Obligation of Universities and dental institutions.—Every University and dental** institution governed under this Act shall maintain a website at all times and display on its website all such information as may be required by the Commission or an Autonomous Board, as the case may be. **46. Completion of courses of studies in dental institutions.—(1) Notwithstanding** anything contained in this Act, any student who was studying for a degree, diploma or 28 ----- certificate in any dental institution immediately before the commencement of this Act shall continue to so study and complete his course for such degree, diploma or certificate, and such institution shall continue to provide instructions and examination for such student in accordance with the syllabus and studies as existed before such commencement, and such student shall be deemed to have completed his course of study under this Act and shall be awarded degree, diploma or certificate under this Act. (2) Notwithstanding anything contained in this Act, where recognition granted to a dental institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, such dental institution shall continue to maintain and provide the minimum standards required to be provided under this Act till such time as all candidates who are admitted in that dental institution complete their study. **47. Joint sittings of Commission with relevant regulatory bodies.—The Commission** shall, at least once a year, hold a meeting with the National Medical Commission, the Pharmacy Council of India, the Indian Nursing Council, National Commission for Indian System of Medicine, the National Commission for Homoeopathy and the National Commission for Allied and Healthcare Professions or the corresponding National Regulator for regulating the above professions, at such time and place as they mutually appoint, to enhance the interface between different workforce categories in modern system of medicine, develop consensus on issues and promote team based approach to healthcare delivery. **48. State Government to promote preventive and promotive dental care in rural** **areas.—Every State Government may, for the purposes of addressing or promoting public** dentistry and community dental care in rural areas, take necessary measures to enhance the capacity of the dental professionals. **49. Chairperson, Members, officers of Commission and of Autonomous Boards to** **be public servants.—The Chairperson, Members, officers and other employees of the** Commission and the President, Members and officers and other employees of the Autonomous Boards shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **50. Protection of action taken in good faith.—No suit, prosecution or other legal** proceeding shall lie against the Government, the Commission or any Autonomous Board or a State Dental Council or any Committee thereof, or any officer or other employee of the Government or of the Commission acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. **51. Cognizance of offences.—No court shall take cognizance of an offence punishable** under this Act except upon a complaint in writing made in this behalf by an officer authorised by the Commission or the Ethics and Dental Registration Board or a State Dental Council, as the case may be. **52. Power of Central Government to supersede Commission.—(1) If, at any time, the** Central Government is of opinion that— (a) the Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or 29 ----- (b) the Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act, the Central Government may, by notification, supersede the Commission for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission. (2) Upon the publication of a notification under sub-section (1) superseding the Commission,— (a) all the Members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Commission, shall, until the Commission is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; (c) all property owned or controlled by the Commission shall, until the Commission is re-constituted under sub-section (3), vest in the Central Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may— (a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or (b) re-constitute the Commission by fresh appointment and in such case the Members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest. **53. Power of Central Government to make rules.—(1) The Central Government may,** by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of appointing ten Members of the Commission on rotational basis from amongst the nominees of the States and Union territories in the Dental Advisory Council under clause (b) of sub-section (4) of section 4; 30 ----- (b) the manner of appointing nine members of the Commission under clause (c) of sub-section (4) of section 4; (c) the manner of nominating two members from amongst dental faculties, under clause (d) of sub-section (4) of section 4; (d) the salaries and allowances payable to, and other terms and conditions of service of the Chairperson and Members under sub-section (4) of section 6; (e) the form and the manner of making declaration under sub-section (6) of section 6; (f) the qualifications and experience to be possessed by the Secretary of the Commission under sub-section (2) of section 8; (g) the salaries and allowances payable to, and other terms and conditions of service of the Secretary, officers and other employees of the Commission under sub-section (7) of section 8; (h) the other powers and functions of the Commission under clause (p) of sub-section (2) of section 10; (i) the dental qualifications and experience to be possessed by a member under the second proviso to clause (d) of sub-section (2) of section 11; (j) the manner of choosing second part-time Members under sub-section (5) of section 17; (k) the salaries and allowances payable to, and other terms and conditions of service of the President and Members of an Autonomous Board and the allowances payable to part-time Members under sub-section (2) of section 19; (l) the form for preparing annual statement of accounts under sub-section (1) of section 40; (m) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the Commission under sub-section (1) of section 41; (n) the form and the time for preparing annual report under sub-section (2) of section 41; (o) the amount of compensation payable to employees under the proviso to sub-section (5) of section 58; (p) any other matter in respect of which provision is to be made by rules. **54. Power to make regulations.—(1) The Commission may, after previous publication,** by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the functions to be discharged by the Secretary of the Commission under sub-section (5) of section 8; 31 ----- (b) the procedure in accordance with which experts, consultants and professionals may be engaged, or the experts and domain specialists from foreign country may be invited, and the number of such experts and professionals under sub-section (8) of section 8; (c) the procedure to be followed at the meetings of the Commission under sub-section (3) of section 9; (d) the quality and standards to be maintained in dental education under clause (a) of sub-section (2) of section 10; (e) the manner of regulating dental institutions, dental research, dentists and dental auxiliaries under clause (c) of sub-section (2) of section 10; (f) the manner of functioning of the Commission, the Autonomous Boards, the State Dental Councils and the Joint Dental Councils under clause (h) of sub-section (2) of section 10; (g) the procedure to be followed at the meetings of the Dental Advisory Council under sub-section (3) of section 13; (h) the manner of conducting common counselling by the designated authority for admission to the undergraduate and postgraduate dental education under sub-section (3) of section 14; (i) the designated authority, and the manner for conducting the National Exit Test (Dental) under sub-section (2) of section 15; (j) the manner in which a person with foreign dental qualification shall qualify National Exit Test (Dental) and the manner of his enrolment in the State Register or the National Register under sub-section (4) of section 15; (k) the manner in which admission to the postgraduate dental education shall be made on the basis of National Exit Test (Dental) under sub-section (5) of section 15; (l) the manner of conducting common counselling by the designated authority for admission to the postgraduate dental education under sub-section (6) of section 15; (m) the manner of nominating one member from amongst personnel of each category of the dental auxiliaries to the advisory committee for the Under-Graduate and Post-Graduate Dental Education Board under the proviso to sub-section (1) of section 20; (n) the number of, and the manner in which, the experts, professionals, officers and other employees, including the experts and domain specialists from foreign countries invited by the Commission, under sub-section (8) of section 8 shall be made available by the Commission to the Autonomous Boards under section 21; (o) the competency based dynamic curriculum at undergraduate level and postgraduate level under clause (b) of sub-section (1) of section 24; (p) the manner of imparting undergraduate courses and postgraduate courses for dentists and dental auxiliaries by dental institutions under clause (c) of sub-section (1) of section 24; 32 ----- (q) the minimum requirements and standards for conducting courses and examinations at undergraduate level and postgraduate level for dentists and dental auxiliaries in dental institutions under clause (d) of sub-section (1) of section 24; (r) the standards and norms for infrastructure, faculty and quality of education at undergraduate level and postgraduate level for dentists and dental auxiliaries in dental institutions under clause (e) of sub-section (1) of section 24; (s) the procedure for assessing and rating of dental institutions under clause (a) of sub-section (1) of section 25; (t) the manner of carrying out inspections of dental institutions for assessing and rating such institutions under clause (c) of sub-section (1) of section 25; (u) the manner of conducting, and the manner of empaneling independent rating agencies to conduct assessment and rating of dental institutions and the time period for such assessment and rating under clause (d) of sub-section (1) of section 25; (v) the manner of making available on website or in public domain the assessment and ratings of dental institutions under clause (e) of sub-section (1) of section 25; (w) the measures to be taken against a dental institution for failure to maintain the minimum essential standards under clause (f) of sub-section (1) of section 25; (x) the manner of regulating professional conduct and promoting dental ethics under clause (b) of sub-section (1) of section 26; (y) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing new dental college or for starting any postgraduate course or for increasing number of seats under sub-section (2) of section 27; (z) the manner of preferring an appeal to the Commission for approval of the scheme under sub-section (5) of section 27; (za) the other factors under clause (d) of section 28; (zb) the manner of taking disciplinary action by a State Dental Council for professional or ethical misconduct of registered dentist or professional and the procedure for receiving complaints and grievances by Ethics and Dental Registration Board under sub-section (4) of section 29; (zc) the act of commission or omission which amounts to professional or ethical misconduct under clause (b) of the Explanation to section 29; (zd) other particulars to be contained in the National Register for Dentists under sub-section (1) of section 30; (ze) the particulars to be contained in the National Register for Dental Auxiliaries under sub-section (2) of section 30; (zf) the form, including the electronic form and the manner of maintaining the National Registers, under sub-section (3) of section 30; 33 ----- (zg) the manner in which any name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, under sub-section (4) of section 30; (zh) the manner of entering the title, diploma or qualification in the State Register or the National Register, under sub-section (3) of section 31; (zi) the period for which, and the manner in which, a foreign citizen who is enrolled in his country as a dentist may be permitted temporary registration in India, under the proviso to sub-section (1) of section 32; (zj) the manner of listing and maintaining dental qualifications granted by a University or dental institution in India under sub-section (1) of section 33; (zk) the manner of examining the application for grant of recognition under sub-section (3) of section 33; (zl) the manner of including a dental qualification in the list maintained by the Board under sub-section (4) of section 33; (zm) the manner of preferring an appeal to the Commission for grant of recognition under sub-section (5) of section 33; (zn) the manner of listing and maintaining dental qualifications which have been granted recognition before the date of commencement of this Act under sub-section (8) of section 33; (zo) the designated authority for conducting Screening Test for higher dental qualification, and the manner of conducting the Screening Test under sub-section (2) of section 34; (zp) the manner of listing and maintaining dental qualifications which have been granted recognition before the date of commencement of this Act under sub-section (3) of section 34. **55. Rules and regulations to be laid before Parliament.—Every rule and every** regulation made, and every notification issued, under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or notification or both Houses agree that the rule or regulation or notification should not be made, the rule or regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification. **56. Power of State Government to make rules.—(1) The State Government may, by** notification, make rules to carry out the provisions of section 29 and section 48 of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers under sub-section (1), such rules may provide for the following matters, namely:— 34 ----- (a) the salary and allowances payable to, and other conditions of service of, the Chairperson and Members of the State Dental Council and Joint Dental Council; (b) the manner of filling up of vacancies arising in the State Dental Council and Joint Dental Council; (c) any other matter in respect of which provision is to be made by rules. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of State Legislature, where there are two Houses and where there is one House of State Legislature, before that House. **57. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the** provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it be necessary, for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **58. Repeal and saving.—(1) With effect from such date as the Central Government may** appoint in this behalf, the Dentists Act, 1948 (16 of 1948) shall stand repealed and the Dental Council of India constituted under section 3 of the said Act shall stand dissolved. (2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,— (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any penalty incurred in respect of any contravention under the Act so repealed; or (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed. (3) On the dissolution of the Dental Council of India, the person acting as the President and Members of the Dental Council of India holding office as such immediately before such dissolution shall vacate their respective offices and such President and Members shall be entitled to claim compensation not exceeding three months’ pay and allowances for the premature termination of term of their office or of any contract of service. (4) Every officer who has been appointed on deputation basis in the Dental Council of India shall, on its dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be. (5) The services of other employees who have been, before the dissolution of the Dental Council of India, employed on regular basis by the Dental Council of India, shall continue 35 ----- for no longer than one year after the commencement of this Act, as an interim arrangement and thereafter, further continuity or otherwise of their services shall be determined by the Commission on the basis of their performance appraisal or evaluation: Provided that such employees of the erstwhile Dental Council of India shall be entitled to such compensation which shall not be less three months’ pay and allowances, as may be prescribed. (6) Notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practice issued, any registration made, any permission to start new dental college or to start higher course of studies or for increase in the admission capacity granted, any recognition of dental qualifications granted, under the Dentists Act, 1948 (16 of 1948), which are in force as on the date of commencement of this Act, shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this Act or the rules or regulations made thereunder. **59. Transitory provisions.—(1) The Commission shall be the successor in interest to** the Dental Council of India including its subsidiaries or owned trusts and all the assets and liabilities of the Dental Council of India shall be deemed to have been transferred to the Commission. (2) Notwithstanding the repeal of the Dentists Act, 1948 (16 of 1948), the educational standards, requirements and other provisions of the said Act and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder: Provided that anything done or any action taken as regards the educational standards and requirements under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act. (3) Notwithstanding the repeal of the Dentists Act, 1948 (16 of 1948), the State Council and the Joint State Council constituted respectively under section 21 and section 23 of the said Act shall continue to operate until a new State Dental Council is established by the State Government in accordance with the provisions of section 29 of this Act. 36 ----- THE SCHEDULE (See section 35) LIST OF CATEGORIES OF DENTAL QUALIFICATIONS GRANTED BY STATUTORY OR OTHER DENTAL BODY IN INDIA Sl. No Categories of dental qualifications 1. All dental qualifications granted by All India Institutes of Medical Sciences. 2. All dental qualifications granted by the Oral Health Sciences Centre, Post Graduate Institute of Medical Education and Research, Chandigarh. 3. All dental qualifications granted by the Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry. 37 -----

12-Aug-2023

26

The National Nursing and Midwifery Commission Act, 2023

https://www.indiacode.nic.in/bitstream/123456789/19796/1/a2023-26.pdf

central

# THE NATIONAL NURSING AND MIDWIFERY COMMISSION ACT, 2023 _____________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II NATIONAL NURSING AND MIDWIFERY COMMISSION. 3. National Nursing and Midwifery Commission. 4. Composition of National Commission. 5. Search-cum Selection Committee for appointment of Chairperson and Members of National Commission. 6. Term of office and conditions of service of Chairperson and Members of National Commission. 7. Removal of Chairperson or Member of National Commission. 8. Secretary and other employees of National Commission. 9. Meetings of National Commission, administration, etc. 10. Powers and functions of National Commission. CHAPTER III AUTONOMOUS BOARDS 11. Autonomous Boards. 12. Composition of Autonomous Boards. 13. Term of office and conditions of service of President and Members. 14. Advisory committees of experts. 15. Staff of Autonomous Boards. 16. Meetings, etc., of Autonomous Boards. 17. Powers of Autonomous Boards and delegation of powers. 18. Powers and functions of Nursing and Midwifery Undergraduate and Postgraduate Education Board. 19. Powers and functions of Nursing and Midwifery Assessment and Rating Board. 20. Powers and functions of Nursing and Midwifery Ethics and Registration Board. 1 ----- 21. Permission for establishment of new nursing or midwifery institution. 22. Criteria for approving or disapproving proposal. CHAPTER IV STATE NURSING AND MIDWIFERY COMMISSIONS 23. Constitution and composition of State Nursing and Midwifery Commission. 24. Functions of State Commission. CHAPTER V REGISTRATION 25. National Register and State Register. 26. Rights of persons to have licence to practice and to be enrolled in National Register or State Register for Nursing and Midwifery Professionals and their obligations thereto. 27. Bar to practice. CHAPTER VI RECOGNITION OF NURSING AND MIDWIFERY QUALIFICATIONS 28. Recognition of nursing and Midwifery qualifications granted by Universities or nursing and midwifery institutions in India. 29. Recognition of nursing and midwifery qualifications granted by nursing and midwifery institutions outside India. 30. Recognition of nursing and midwifery qualifications granted by statutory or other body in India. 31. Withdrawal of recognition granted to nursing and midwifery qualification granted by nursing and midwifery institutions in India. 32. Special provision in certain cases for recognition of nursing and midwifery qualifications. 33. Derecognition of nursing and midwifery qualifications granted by nursing and midwifery institutions outside India. CHAPTER VII NURSING AND MIDWIFERY ADVISORY COUNCIL 34. Nursing and Midwifery Advisory Council. 35. Functions of Nursing and Midwifery Advisory Council. 36. Meetings of Nursing and Midwifery Advisory Council. CHAPTER VIII GRANTS, AUDIT AND ACCOUNTS 37. Grants by Central Government. 38. National Nursing and Midwifery Commission Fund. 39. Audit and accounts. 40. Furnishing of returns and reports to Central Government. 2 ----- CHAPTER IX MISCELLANEOUS 41. Power of Central Government to give directions to National Commission, Autonomous Boards and Nursing and Midwifery Advisory Council. 42. Power of Central Government to give directions to State Governments. 43. Power of National Commission to give directions to State Commissions. 44. Information to be furnished by National Commission and publication thereof. 45. Obligation of Universities and nursing and midwifery institutions. 46. Completion of courses of studies in nursing and midwifery institutions. 47. Chairperson, Members, officers of National Commission and of Autonomous Boards, to be public servants. 48. Protection of action taken in good faith. 49. Cognizance of offences. 50. Power of Central Government to supersede National Commission. 51. Power of Central Government to make rules. 52. Power to make regulations. 53. Power of State Government to make rules. 54. Laying of rules, regulations and notifications before Parliament. 55. Power to remove difficulties. 56. Repeal and saving. 57. Transitory provisions. 3 ----- # THE NATIONAL NURSING AND MIDWIFERY COMMISSION ACT, 2023 ACT NO. 26 OF 2023 [12th August, 2023.] An Act to provide for regulation and maintenance of standards of education and services by nursing and midwifery professionals, assessment of institutions, maintenance of a National Register and State Registers and creation of a system to improve access, research and development and adoption of latest scientific advancement and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the National Nursing and Midwifery** Commission Act, 2023. (2) It shall come into force on [1]such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Autonomous Board” means any of the Autonomous Boards constituted under section 11; (b) “Chairperson” means the Chairperson of the National Nursing and Midwifery Commission appointed under section 4; (c) “Fund” means the National Nursing and Midwifery Commission Fund referred to in section 38; (d) “midwifery” means a skilled, knowledgeable, and compassionate care for childbearing women, new-born infants and families across the continuum from pre-pregnancy, pregnancy, birth, postpartum and the early weeks of life and includes— (i) preventive measures; (ii) promotion of normal birth; (iii) detection of complications in mother and child; (iv) accessing of medical care or other appropriate assistance; (v) appropriate and timely referrals; and (vi) carrying out emergency measures as per the scope of practice as specified by the National Nursing and Midwifery Commission; 1. 29[th] day of February, 2024, Vide notification No. S.O. 991(E), for Ss. (g), (h), (i), (j), (k) and (l) of section 4, sub-section 1 of section 5, sub-section (5) & (7) of section 6, sub-section (2) & (7) of section 8, clause (p) of sub-section (2) of section 10, sub-section 6 of section 12, sub-section (2), (3) and (4) of section 13, clause (d), (e), (f) of sub-section (3) of section 23, sub-section (1) of section 39, sub-section (1) and (2) of section 40 and sub-section (5) of section 56, dated 29[th] February, 2024 see Gazette of India, Extra ordinary, Part II, sec. 3(ii). 4 ----- (e) “midwifery associate” means a member of the health team, who has acquired the recognised qualification and is granted licence to practice as midwifery associate by the National Nursing and Midwifery Commission, who— (i) assists doctors or nurse practitioners in midwifery in the delivery of babies; and (ii) provides care during pregnancy, labour and postpartum period and instruct parents in baby care as per the scope of practice specified by the National Nursing and Midwifery Commission; (f) “midwifery professional” means a person who has obtained the recognised basic or advance qualification and is granted licence to practice by the National Nursing and Midwifery Commission; (g) “National Commission” means the National Nursing and Midwifery Commission constituted under section 3; (h) “National Register” means the Indian Nurses and Midwives' Register maintained by the Nursing and Midwifery Ethics and Registration Board under section 25; (i) “notification” means a notification published in the Gazette of India or the Official Gazette of a State, as the case may be, and the expression “notify” with its grammatical variation and cognate expressions shall be construed accordingly; (j) “nurse” means a healthcare professional who— (i) has completed a formally recognised programme of basic, generalised nursing education and who has acquired the requisite qualification and is granted licence to practice nursing by the National Nursing and Midwifery Commission; and (ii) demonstrates competency in the practice of nursing; (k) "nurse practitioner" means a licensed nurse who— (i) has completed a formally recognised advanced education and training programme and has acquired the requisite qualification and is granted licence to practice by the National Commission; and (ii) demonstrates clinical competencies for the scope of practice, complex decision making and have expert knowledge in the area of specialisation; (l) “nurse practitioner in midwifery” means a licensed nurse, who— (i) has completed a formally recognised advanced education and training programme and who has acquired the requisite qualification and is granted licence to practice by the National Commission; and (ii) demonstrates clinical competency for the scope of practice, complex decision making and have expert knowledge in the area of specialisation; (m) “nursing” means the autonomous and collaborative care of individuals of all ages, families, groups and communities, sick or well and includes the promotion of health, prevention of illness, care of physically ill, mentally ill, disabled and dying people in all healthcare and other community settings by— (i) carrying out healthcare teaching; (ii) participating fully as a member of the healthcare team; and 5 ----- (iii) supervising and training nursing and healthcare auxiliaries, additional key nursing roles including advocacy, promotion of a safe environment, research, participation in shaping health policy, in-patient health systems management and education; (n) “Nursing and Midwifery Assessment and Rating Board” means the Nursing and Midwifery Assessment and Rating Board constituted under clause (b) of sub-section (1) of section 11; (o) “Nursing and Midwifery Ethics and Registration Board” means the Nursing and Midwifery Ethics and Registration Board constituted under clause (c) of sub-section (1) of section 11; (p) “nursing and midwifery institution” means an educational and training institution or a research institution within India, recognised under this Act, which grants diploma or undergraduate or postgraduate or any other post degree diploma or certificate in nursing and midwifery, and includes affiliated colleges and deemed to be Universities; (q) “nursing and midwifery leader” means any nursing or midwifery professional, who is the Dean of a nursing educational institution, or Principal or Vice-Principal of a college of nursing, or Nursing Superintendent, or Chief Nursing Officer of the Nursing and Midwifery Department, in any institution or healthcare facility and possessing such qualifications and experience as may be prescribed; (r) “Nursing and Midwifery Undergraduate and Postgraduate Education Board” means the Nursing and Midwifery Undergraduate and Postgraduate Education Board constituted under clause (a) of sub-section (1) of section 11; (s) “nursing associate” means a member of the health team, who has acquired the recognised qualification and is granted licence to practice as nursing associate by the National Commission, who provides care for the sick and injured including those in need of nursing care in varied health settings within his authorised scope of practice; (t) “nursing professional” means a nurse registered with the National Commission, having basic or advance qualification and includes a nurse practitioner in any speciality; (u) “prescribed” means prescribed by rules made under this Act; (v) “qualification” means the level of courses such as diploma, undergraduate degree, postgraduate degree and higher qualification including certification courses, inclusive of the specified curriculum of such courses or programmes; (w) “recognised nursing and midwifery qualification” means a nursing and midwifery qualification recognised under section 28 or section 29 or section 32, as the case may be; (x) “registered professional” means any associate or professional in nursing and midwifery who is registered with any of the State Commissions or, as the case may be, the National Commission under section 25; (y) “regulations” means the regulations made by the National Commission under section 52; (z) “State Commission” means the State Nursing and Midwifery Commission constituted under section 23; (za) “State Register” means the State Register for Nursing Professionals and Midwifery Professionals or the State Register for Nurse Associates and Midwifery Associates, maintained by State Commission under section 25; 6 ----- (zb) “University” shall have the same meaning as assigned to it in clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an institution declared to be deemed University under section 3 of that Act. CHAPTER II NATIONAL NURSING AND MIDWIFERY COMMISSION **3. National Nursing and Midwifery Commission.—(1) The Central Government shall constitute a** Commission, to be known as the National Nursing and Midwifery Commission, with effect from such date as it may, by notification, appoint, for exercising such powers and discharging such duties as are laid down under this Act. (2) The National Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the National Commission shall be at New Delhi. **4. Composition of National Commission.—The National Commission shall consist of a Chairperson,** sixteen ex officio Members and twelve Members as follows, namely:— (a) a person having outstanding ability, proven administrative capacity and integrity and possessing a postgraduate degree in nursing and midwifery profession from any University with experience of not less than twenty years in the field of nursing and midwifery, out of which at least ten years shall be as a nursing and midwifery leader, to be appointed by the Central Government—Chairperson; (b) one representative of the Department of Health and Family Welfare, Ministry of Health and Family Welfare, not below the rank of Joint Secretary to the Government of India who is in-charge of nursing and midwifery—Member, ex officio; (c) one representative of the Ministry of Defence not below the rank of Additional Director General, Military Nursing Services to the Government of India in the Directorate General of Armed Forces Medical Services—Member, ex officio; (d) one representative of the Directorate General of Health Services not below the rank of Additional Director General—Member, ex officio; (e) one person representing the National Medical Commission not below the rank of Deputy Secretary to the Government of India—Member, ex officio; (f) President of each of the Autonomous Boards constituted under section 11—Members, ex officio; (g) three persons, not below the rank of Chief Nursing Officer or Nursing Superintendent of any of the hospitals or Dean or Principal of College of Nursing, as the case may be, to be nominated by the Central Government from Central Government hospitals or Nursing and Midwifery Institutions of repute in such manner as may be prescribed—Members, ex officio; (h) one person from each of the six zones, as may be prescribed, not below the rank of Chairperson, who shall be a nursing and midwifery professional, representing the State Commissions, on biennial rotation in the alphabetical order as per the zonal distribution of States and Union territories, to be nominated in such manner as may be prescribed—Members, ex officio; (i) six nursing members of eminence, one from each of the six zones, as may be prescribed, from nursing and midwifery profession of outstanding ability, proven administrative capacity and integrity, possessing a 7 ----- postgraduate degree in any discipline of nursing and midwifery from any University and having experience of not less than fifteen years in the field of nursing and midwifery, out of which at least seven years shall be as a nursing and midwifery leader, to be nominated by the State Governments in such manner as may be prescribed—Members: Provided that the States and Union territories represented under clauses (h) and (i) shall be distinct; (j) four nursing and midwifery members of eminence, of which at least two shall be midwifery professionals, of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of nursing and midwifery from any University and having experience of not less than fifteen years in the field of nursing and midwifery, out of which at least seven years shall be as a nursing and midwifery leader, to be nominated by the Central Government in such manner as may be prescribed—Members; (k) one person representing charitable institutions engaged in education or services in the field of nursing and midwifery and having such qualification and experience, to be appointed by the Central Government in such manner as may be prescribed—Member; and (l) a person of eminence to be appointed by the Central Government, in such manner as may be prescribed, from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in such areas including management, law, medical ethics, health research, consumer or patient rights advocacy, science and technology and economics—Member. **5. Search-cum Selection Committee for appointment of Chairperson and Members of National** **Commission.—(1) The Central Government shall appoint—** (i) the Chairperson and Members referred to in clauses (a), (j), (k) and (l) of section 4; (ii) the Secretary referred in sub-section (2) of section 8; and (iii) the President and Members of Autonomous Boards referred in sub-sections (3), (4) and (5) of section 12, on the recommendations of a Search-cum-Selection Committee consisting of— (a) the Secretary, Ministry of Health and Family Welfare—Chairperson; (b) four nursing and midwifery experts possessing outstanding qualifications and experience of not less than twenty-five years in the field of nursing and midwifery education, public health nursing education and nursing health research, to be nominated by the Central Government in such manner as may be prescribed—Members; (c) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology, to be nominated by the Central Government in such manner as may be prescribed—Member; and (d) an Additional Secretary or a Joint Secretary to the Government of India in-charge of nursing in the Ministry of Health and Family Welfare, to be the Convenor—Member. (2) The Central Government shall, within one month from the date of occurrence of any vacancy, including by reason of death, resignation or removal of the Chairperson or Secretary or a Member, or within three months before the end of tenure of the Chairperson or Secretary or Member, make a reference to the Search-cum-Selection Committee for filling up of the vacancy. 8 ----- (3) The Search-cum-Selection Committee shall recommend a panel of at least three names for each vacancy. (4) The Search-cum-Selection Committee shall, before recommending any person for appointment of the Chairperson or Secretary or Member, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Secretary or Member. (5) No appointment of the Chairperson or Secretary or Member of the National Commission or, as the case may be, the President or Member of the Autonomous Boards, shall be invalid merely by reason of any vacancy or absence of a Member in the Search-cum-Selection Committee. (6) Subject to the provisions of sub-sections (2) to (5), the Search-cum-Selection Committee may regulate its own procedure. **6. Term of office and conditions of service of Chairperson and Members of National** **Commission.—(1) The Chairperson, Secretary and Members of the National Commission referred to in** clauses (i), (j), (k) and (l) of section 4, shall hold office for a term not exceeding four years, as the Central Government may notify in this behalf, from the date on which they enter upon their office and shall not be eligible for any extension or reappointment. (2) A person who has completed the age of sixty-five years on the date of application shall not be eligible for the post of Member of the National Commission. (3) The term of office of an ex officio Member shall continue as long as such Member holds the office by virtue of which he is a Member. (4) Where a Member appointed to the National Commission under clause (i) or clause (j) or clause (k) or clause (l) of section 4, is absent from three consecutive ordinary meetings of the National Commission and the cause of such absence is not attributable to any valid reason in the opinion of the National Commission, such Member shall be deemed to have vacated the seat. (5) The Chairperson of the National Commission and the Members of the National Commission referred to in clauses (i), (j), (k) and (l) of section 4, shall receive such salaries or travelling and other allowances as may be prescribed. (6) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member of the National Commission referred to in clauses (i), (j), (k) and (l) of section 4, may— (a) relinquish his office by giving in writing to the Central Government a notice of not less than three months; or (b) be removed from his office in accordance with the provisions of section 7: Provided that, if the Central Government so decides, such person may be relieved from duties earlier than three months or be allowed to continue beyond three months until a successor is appointed. (7) The Chairperson and every Member of the National Commission shall make declaration of his assets and liabilities at the time of entering upon his office and at the time of demitting office and also declare his professional and commercial engagement or involvement in such form and manner as may be prescribed, and the said declaration shall be published on the website of the National Commission. (8) The Chairperson or a Member of the National Commission referred to in clauses (i), (j), (k) and (l) of section 4, ceasing to hold office as such, shall not accept, for a period of two years from the date of demitting such office, any employment, in any capacity including as a consultant or an expert, in any private 9 ----- nursing and midwifery institution, whose matter has been dealt with by such Chairperson or Member, either directly or indirectly: Provided that nothing contained herein shall be construed as preventing such person from accepting an employment in a body or institution, including nursing and midwifery institution, controlled or maintained by the Central Government or a State Government: Provided further that nothing contained herein shall prevent the Central Government from permitting the Chairperson or a Member of the National Commission to accept any employment in any capacity, including as a consultant or expert in any private nursing and midwifery institution whose matter has been dealt with by such Chairperson or Member. **7. Removal of Chairperson or Member of National Commission.—(1) The Central Government** may, by order, remove from office, the Chairperson or any other Member of the National Commission, who— (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Member; or (d) is of unsound mind and stands so declared by a competent court; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (f) has so misused his position as to render his continuance in office prejudicial to the public interest. (2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard. **8. Secretary and other employees of National Commission.—(1) There shall be a secretariat for the** National Commission to be headed by a Secretary, to be appointed by the Central Government in accordance with the provisions of section 5. (2) The Secretary of the National Commission shall be a person of outstanding ability, proven administrative capacity and integrity, possessing such qualifications and experience, as may be prescribed. (3) The Secretary shall hold the office for a term of four years and shall not be eligible for any extension or reappointment. (4) The Secretary shall also be the Member Secretary of each of the Autonomous Boards constituted under section 11. (5) The Secretary shall discharge such functions of the National Commission and that of each of the Autonomous Boards constituted under section 11, as may be specified by regulations. (6) The National Commission may, for the optimum discharge of its functions under this Act, appoint such officers, and other employees of the National Commission other than the Secretary, as it considers necessary, against the posts created by the Central Government as recommended by the National Commission. (7) The salaries and allowances payable to and other terms and conditions of service of the Secretary, officers and other employees of the National Commission shall be such, as may be prescribed. 10 ----- (8) The National Commission may engage, in accordance with the procedure, such number of experts, consultants and professionals of integrity and outstanding ability, as may be specified by regulations, who have special knowledge of, and experience in such fields, including nursing and midwifery education, public health nursing, management, health economics, quality assurance, patient advocacy, nursing research, science and technology, administration, finance, information technology, statistics, nursing informatics, accounts and law, as it deems necessary, to assist the National Commission in the discharge of its functions under this Act. (9) The National Commission may also invite, in accordance with the procedure, such number of experts and domain specialists from foreign countries to the meetings of the National Commission, as may be specified by regulations, who have special knowledge of nursing and midwifery curriculum, practical training and pattern of examination including licentiate examination of the relevant foreign country, as it deems necessary, to facilitate global mobility and employability of registered professional. **9. Meetings of National Commission, administration, etc.—(1) The National Commission shall meet** at least once in every quarter at such time and place as may be appointed by the Chairperson. (2) The Chairperson shall preside over the meetings of the National Commission and if for any reason the Chairperson is unable to attend such meeting, any other Member being the President of an Autonomous Board, as may be nominated by the Chairperson, shall preside over that meeting. (3) Unless the procedure to be followed at the meetings of the National Commission is otherwise provided by regulations, one-half of the total number of Members of the National Commission including the Chairperson shall constitute the quorum at the meeting of the National Commission and all the acts of the National Commission shall be decided by a majority of the Members, present and voting and in the event of equality of votes, the Chairperson, or in his absence, the President of the Autonomous Board nominated under sub-section (2), shall have the casting vote. (4) The general superintendence, direction and control of the administration of the National Commission shall vest in the Chairperson. (5) No act done by the National Commission shall be questioned on the ground of the existence of a vacancy in, or a defect in the constitution of, the National Commission. **10. Powers and functions of National Commission.—(1) The National Commission shall take all** such steps as it may think fit for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services, with periodic revisions, as may be specified by regulations. (2) The National Commission may make regulations for the purposes of performing the following functions, namely:— (a) to frame policies and regulate standards for the governance of nursing and midwifery education and training; (b) to regulate nursing and midwifery institutions, researches, professionals and associates; (c) to identify and regulate any other category of nursing and midwifery profession; (d) to provide basic standards of education, physical and instructional facilities, assessment, examination, training, research, continuing professional education and maximum tuition fee payable in respect of various categories; 11 ----- (e) to provide standards for nursing and midwifery faculty and clinical facility in teaching institutions; (f) to provide for a uniform mechanism for admission into the nursing and midwifery institutions at various levels. _Explanation.—For the purposes of this clause, it is clarified that the authority as may be designated_ by the Central Government shall make admissions into nursing and midwifery institutions in such uniform manner at all India level, and the authority as may be designated by the State Government shall make admissions in the same manner into nursing and midwifery institutions at State level; (g) to provide for a mechanism, either through final year undergraduate exam or otherwise, to ensure adequate competence of the nursing and midwifery professionals for enrolment in the National Register or State Register, as the case may be, and for granting licence to practice as a nursing and midwifery professional; (h) to collaborate with industry and other institutions for use of cutting-edge technology and hybrid education to drive innovation and research in the field of nursing and midwifery; (i) to integrate soft skills and elective courses in the curriculum of nursing and midwifery qualifications and to take measures to enhance skills and competency of registered professional for facilitating global mobility; (j) to assess the nursing and midwifery requirements in healthcare, including human resources for various healthcare settings, provide mechanisms for career development pathways for all nursing and midwifery related cadres including appropriate lateral entry as applicable and advise the Central Government on matters pertaining thereto; (k) to ensure policies and codes to ensure observance of professional ethics in nursing and midwifery profession and to promote ethical conduct during the provision of care by nursing and midwifery professionals, including nursing associates and midwifery associates; (l) to promote, co-ordinate and frame guidelines and lay down policies for the proper functioning of the National Commission, the Autonomous Boards, the Advisory Council and the State Commissions; (m) to ensure coordination among the Autonomous Boards; (n) to take such measures, as may be necessary, to ensure compliance of the guidelines framed and regulations made under this Act by the State Commissions for their effective functioning; (o) to exercise appellate jurisdiction with respect to the decisions of Autonomous Boards; and (p) to perform such other functions as may be prescribed. (3) The National Commission may delegate such of its functions, except the power to make regulations, to the Autonomous Boards as it may deem necessary. (4) The National Commission shall, at least once a year, hold a meeting with the National Medical Commission, Pharmacy Council of India, National Commission for Indian System of Medicine, National Commission for Homoeopathy and National Commission for Allied and Healthcare Professions, or the corresponding National Regulator for regulating the said professions, at such time and place as they mutually appoint, to enhance the interface between different workforce categories in modern system of medicine, develop consensus on issues and promote team based approach to healthcare delivery. 12 ----- (5) Every order and decision of the National Commission shall be authenticated by the signature of its Secretary. (6) The National Commission may delegate such of its powers of administrative and financial matters, as it deems fit, to its Secretary. (7) The National Commission may constitute sub-committees and delegate such of its powers to such sub-committees as may be necessary to enable them to accomplish specific tasks. CHAPTER III AUTONOMOUS BOARDS **11. Autonomous Boards.—(1) The Central Government shall, by notification, constitute the following** Autonomous Boards, under the overall supervision of the National Commission, to perform the functions assigned to such Boards under this Act, namely:— (a) the Nursing and Midwifery Undergraduate and Postgraduate Education Board; (b) the Nursing and Midwifery Assessment and Rating Board; and (c) the Nursing and Midwifery Ethics and Registration Board. (2) Every Autonomous Board referred to in sub-section (1) shall be an autonomous body which shall carry out its functions under this Act in such manner as may be specified by regulations. **12. Composition of Autonomous Boards.—(1) The Nursing and Midwifery Undergraduate and** Postgraduate Education Board shall have not more than two whole-time Members and not more than two part-time Members other than a President. (2) The Nursing and Midwifery Assessment and Rating Board and the Nursing and Midwifery Ethics and Registration Board shall consist of a President, not more than two whole-time Members and not more than two part-time Members. (3) The President of each Autonomous Board, two whole-time Members and one part-time Member of Nursing and Midwifery Undergraduate and Postgraduate Education Board, and one whole-time Member and one part-time Member of Nursing and Midwifery Assessment and Rating Board and Nursing and Midwifery Ethics and Registration Board, shall be persons of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of nursing and midwifery from any University and having experience of not less than fifteen years, out of which at least seven years shall be as a nursing and midwifery leader to be appointed by the Central Government on the recommendations of the Search-cum-Selection Committee constituted under section 5. (4) The second whole-time Member of the Nursing and Midwifery Assessment and Rating Board, to be appointed by the Central Government on the recommendations of the Search-cum-Selection Committee constituted under section 5, shall be a person of outstanding ability and integrity, possessing a postgraduate degree in any of the disciplines of management, quality assurance, law or science and technology from any University, having hands on clinical experience of not less than fifteen years in such field, out of which at least seven years shall be as the Head of a Department or the Head of an Institute or an organisation. (5) The second whole-time Member of the Nursing and Midwifery Ethics and Registration Board, to be appointed by the Central Government on the recommendations of the Search-cum-Selection Committee constituted under section 5, shall be a person of outstanding ability who has demonstrated public record of work on nursing or medical ethics or a person of outstanding ability possessing a postgraduate degree in any of the disciplines of quality assurance, public health, law or patient advocacy from any University and 13 ----- having experience of not less than fifteen years in such field, out of which at least seven years shall be as the Head of a Department or the Head of an Institute or an organisation. (6) The second part-time Member of the Nursing and Midwifery Assessment and Rating Board, the Nursing and Midwifery Ethics and Registration Board and the Nursing and Midwifery Undergraduate and Postgraduate Education Board, shall be chosen from amongst the nursing and midwifery Members representing the State Commissions under clause (h) of section 4, in such manner as may be prescribed. **13. Term of office and conditions of service of President and Members.—(1) The President and the** whole-time Members of each Autonomous Board shall hold office for a term not exceeding four years and shall not be eligible for any extension or reappointment: Provided that the part-time Members of each Autonomous Board shall hold the office for a term of two years: Provided further that a Member should be less than sixty-five years of age on the date of application for the office of Member. (2) The vacancies of each Autonomous Board shall be filled in such manner as may be prescribed. (3) The salaries and allowances payable to, and other terms and conditions of service of the President and the whole-time Members of an Autonomous Board shall be such as may be prescribed. (4) Every part-time Member of an Autonomous Board shall be entitled for such allowances as may be prescribed. (5) The provisions of sub-sections (4), (5), (6), (7) and (8) of section 6 relating to other terms and conditions of service, and section 7 relating to removal from the office, of the Chairperson and Members of the National Commission shall mutatis mutandis apply to the President and Members of the Autonomous Boards. **14. Advisory committees of experts.—(1) Each Autonomous Board, except the Nursing and** Midwifery Ethics and Registration Board, shall be assisted by such advisory committees consisting of experts as may be constituted by the National Commission, for the efficient discharge of the functions of such Autonomous Board. (2) The Nursing and Midwifery Ethics and Registration Board shall be assisted by such ethics committees of experts as may be constituted by the National Commission for the efficient discharge of the functions of such Autonomous Board. **15. Staff of Autonomous Boards.—(1) The experts, consultants, professionals, officers and other** employees appointed under section 8 shall be made available to the Autonomous Boards in such number and manner, as may be specified by regulations. (2) The foreign experts and domain specialists from foreign countries invited by the National Commission under section 8 shall also be made available to the Autonomous Boards in such number and manner, as may be specified by regulations. **16. Meetings, etc., of Autonomous Boards.—(1) Every Autonomous Board shall meet at least once** in a month at such time and place as it may appoint. (2) Every decision of the Autonomous Boards shall be made by majority of votes of its respective President and Members. 14 ----- (3) Subject to the provisions of section 21, a person aggrieved by any decision of an Autonomous Board, may prefer an appeal to the National Commission against such decision within thirty days of the communication of that decision and the National Commission shall, after giving an opportunity of being heard, dispose of the appeal within a period of sixty days from the date of such appeal. **17. Powers of Autonomous Boards and delegation of powers.—(1) The President of each** Autonomous Board shall have such administrative and financial powers as may be delegated to it by the National Commission to enable such Autonomous Board for optimum functioning. (2) The President of an Autonomous Board may further delegate any of his powers to a Member or an officer of such Autonomous Board. **18. Powers and functions of Nursing and Midwifery Undergraduate and Postgraduate Education** **Board.—(1) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall perform** the following functions, namely:— (a) determine the minimum requirements and standards of nursing and midwifery education and examination at undergraduate level and postgraduate level, in such manner as may be specified by regulations, and oversee all aspects relating thereto; (b) develop dynamic competency based curriculum at undergraduate level and postgraduate level, in such manner as may be specified by regulations, with a view to develop appropriate skill, knowledge, attitude, values and ethics to provide healthcare, impart nursing and midwifery education and conduct research: Provided that the competencies shall be aligned with the needs of the national health programme, across continuum of care in varied healthcare settings in order to ensure optimum healthcare delivery system; (c) prescribe qualifications at the undergraduate level and postgraduate level in nursing and midwifery and such other particulars, as may be specified by regulations; (d) prescribe standards for setting up of nursing and midwifery institutions for imparting undergraduate and postgraduate courses, having regard to the needs of the country and the global norms, in such manner as may be specified by regulations; (e) determine the standards and norms for infrastructure, faculty and quality of education in nursing and midwifery institutions providing undergraduate and postgraduate nursing and midwifery education, in such manner as may be specified by regulations; (f) facilitate development and training of faculty members for teaching, research as well as international student and faculty exchange programmes relating to undergraduate, nursing and midwifery education; (g) specify norms for compulsory annual disclosures, clinical facilities, faculty, digitally or otherwise, by nursing and midwifery institutions, in respect of their functions that has a bearing on the interest of all stakeholders including students, faculty, State Commissions, the National Commission and the Central Government; (h) regulate the standards and scope of practice of registered nursing and midwifery professionals, including nurse practitioners, nursing associates and midwifery associates who have obtained the nursing and midwifery qualification as provided by the Nursing and Midwifery Undergraduate and Postgraduate Education Board, in such manner as may be specified by regulations; and (i) regulate, in consultation with the National Medical Commission, the limited prescribing authority for nurse practitioners in all specialities, who have obtained the requisite nursing and midwifery qualification and qualify such criteria as may be provided by the Nursing and Midwifery Undergraduate and Postgraduate Education Board, in such manner as may be specified by regulations. 15 ----- (2) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall, in the discharge of its duties, make such recommendations to, and seek such directions from, the National Commission, as it may deem necessary. **19. Powers and functions of Nursing and Midwifery Assessment and Rating Board.—(1) The** Nursing and Midwifery Assessment and Rating Board shall perform the following functions, namely:— (a) the procedure for assessing and rating the nursing and midwifery institutions for their compliance with the standards laid down by the Nursing and Midwifery Undergraduate and Postgraduate Education Board, shall be such as may be specified by regulations; (b) grant permission for establishment of a new nursing and midwifery institution, or to start any postgraduate level or higher qualification course, or to increase number of seats, in accordance with the provisions of section 21; (c) conduct inspections of nursing and midwifery institution for assessing and rating such institutions in such manner as may be specified by regulations: Provided that the Nursing and Midwifery Assessment and Rating Board may, if it deems necessary, hire and authorise any other inspection agency or accreditation body or persons for conducting inspections of nursing and midwifery institutions for assessing and rating such institutions: Provided further that where inspection of nursing and midwifery institution is conducted by such inspection agency or accreditation body or persons authorised by the Nursing and Midwifery Assessment and Rating Board, it shall be obligatory on such institution to provide access to such agency or person: Provided also that the Nursing and Midwifery Assessment and Rating Board may conduct evaluation and assessment of any nursing and midwifery institution at any time, either directly or through any other expert having integrity and experience of nursing and midwifery profession and without any prior notice and assess and evaluate the performance, standards and benchmarks of such nursing and midwifery institution; (d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess and rate all nursing and midwifery institutions, within such period of their opening, at such time, and in such manner as may be specified by regulations; (e) make available on its website or in public domain the assessment and ratings of nursing and midwifery institutions at regular intervals in such manner as may be specified by regulations; (f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the National Commission for withdrawal of recognition, against a nursing and midwifery institution for failure to maintain the minimum essential standards specified by the Nursing and Midwifery Undergraduate and Postgraduate Education Board, in such manner as may be specified by regulations: Provided that the monetary penalty imposed shall not be less than one-tenth, and not more than five times, of the total amount charged, by whatever name called, by such institution for one full batch of students of undergraduate course or postgraduate course, as the case may be: Provided further that the Nursing and Midwifery Assessment and Rating Board shall consult the Nursing and Midwifery Undergraduate and Postgraduate Education Board before recommending to the National Commission for withdrawal of recognition of a nursing and midwifery institution that fails to maintain the minimum essential standards specified by the Nursing and Midwifery Undergraduate and Postgraduate Education Board. 16 ----- (2) The Nursing and Midwifery Assessment and Rating Board shall, in the discharge of its functions, make such recommendations to, and seek such directions from, the National Commission, as it may deem necessary. **20.** **Powers and functions of Nursing and Midwifery Ethics and Registration Board.—(1) The** Nursing and Midwifery Ethics and Registration Board shall perform the following functions, namely:— (a) maintain the National Register for all registered professionals in accordance with the provisions of section 25; (b) approve or reject applications for registration of professionals governed under this Act; (c) regulate professional conduct and promote nursing and midwifery ethics in such manner as may be specified by regulations: Provided that the Nursing and Midwifery Ethics and Registration Board shall ensure compliance of the code of professional and ethical conduct through the State Commission in a case where such State Commission has been conferred power to take disciplinary action in respect of professional or ethical misconduct by nursing and midwifery professionals under this Act; (d) develop mechanisms to have continuous interaction with State Commissions to effectively promote and regulate the conduct of nursing and midwifery professionals; (e) exercise appellate jurisdiction with respect to the actions taken by a State Commission under section 24; and (f) provide for mechanisms for receiving complaints and grievance redressal. (2) The Nursing and Midwifery Ethics and Registration Board shall, in the discharge of its duties, make such recommendations to, and seek such directions from, the National Commission, as it may deem necessary. **21. Permission for establishment of new nursing or midwifery institution.—(1) No person shall** establish a new nursing and midwifery institution, or start any postgraduate course, or increase number of seats, without obtaining prior permission of the Nursing and Midwifery Assessment and Rating Board: Provided that the Nursing and Midwifery Assessment and Rating Board shall consult the Nursing and Midwifery Undergraduate and Postgraduate Education Board before according or refusing to accord such permission. (2) For the purposes of obtaining permission under sub-section (1), a person may submit a proposal to the Nursing and Midwifery Assessment and Rating Board in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by regulations. (3) The Nursing and Midwifery Assessment and Rating Board shall, having due regard to the criteria specified in section 22, consider the proposal received under sub-section (2) and either approve or disapprove such proposal within a period of six months from the date of such receipt: Provided that before disapproving such proposal, an opportunity to rectify the defects, if any, shall be given to the person concerned. (4) Where a proposal is approved under sub-section (3), such approval shall be deemed to be the permission under sub-section (1) to establish a new nursing and midwifery institution or start any postgraduate course or increase number of seats, as the case may be. (5) Where a proposal is disapproved under sub-section (3), or where no decision is taken within six months of submitting a proposal under sub-section (2), the person concerned may prefer an appeal to the National Commission for approval of that proposal within fifteen days of such disapproval or, as the case may be, lapse of six months, in such manner as may be specified by regulations. 17 ----- (6) The National Commission shall decide the appeal received under sub-section (5) within a period of forty-five days from the date of receipt of the appeal and in case the National Commission approves the proposal, such approval shall be the permission under sub-section (1) to establish a new nursing and midwifery institution or start any postgraduate course or increase number of seats, as the case may be, and in case the National Commission disapproves the proposal, or fails to give its decision within the specified period, the person concerned may prefer a second appeal to the Central Government within thirty days of communication of such disapproval or, as the case may be, after the lapse of specified period. _Explanation.—For the purposes of this section, the term “person” includes a University, trust or any_ other association of persons or body of individuals, but does not include the Central Government. **22. Criteria for approving or disapproving proposal.—The Nursing and Midwifery Assessment and** Rating Board or, as the case may be, the National Commission, shall, while approving or disapproving a proposal under section 21, take into consideration the following criteria, namely:— (a) adequacy of financial resources; (b) whether adequate academic faculty and other necessary facilities have been provided to ensure proper functioning of nursing and midwifery institution or will be provided within the time-limit specified in the proposal; (c) whether adequate hospital facilities have been provided or will be provided within the time-limit specified in the proposal; and (d) such other factors as may be specified by regulations: Provided that subject to the previous approval of the Central Government, the criteria may be relaxed for the nursing and midwifery institutions which are set up in such areas as may be specified by regulations. CHAPTER IV STATE NURSING AND MIDWIFERY COMMISSIONS **23. Constitution and composition of State Nursing and Midwifery Commission.—(1) Every State** Government shall, within one year from the commencement of this Act, by notification, constitute a State Nursing and Midwifery Commission, where no such State Commission exists in that State by a State Law, for exercising such powers and discharging such duties as may be laid down under this Act. (2) The State Nursing and Midwifery Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued. (3) The State Commission shall consist of the following Members, namely:— (a) a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in nursing and midwifery from any University and having experience of not less than twenty years in the field of nursing and midwifery, out of which at least ten years shall be as a nursing and midwifery leader, to be nominated by the State Government—Chairperson; (b) one Director or Additional Director or Joint Director representing nursing in the Health Department of the State Government—Member, ex officio: Provided that if no such position exists in a State, the in-charge for nursing education and services may be appointed as such Member; (c) two persons not below the rank of Dean or Head of the Department from any nursing or midwifery college or institute of the State Government—Members, ex officio; 18 ----- (d) two persons of eminence, one from nursing and one from midwifery profession having such qualifications and experience as may be prescribed by the State Government, to be nominated by the State Government—Members; (e) two persons of eminence, one from nursing and one from midwifery associates, to be nominated by the State Government having such qualifications and experience as may be prescribed by the State Government—Members; (f) two persons, one from nursing and one from midwifery, representing charitable institutions engaged in education or services in connection with nursing and midwifery having such qualifications and experience as may be prescribed by the State Government, to be nominated by the State Government—Members. (4) The Chairperson, and Members of the State Commission referred to in clauses (a), (d), (e) and (f) of sub-section (3), shall hold office for a term not exceeding four years, as the State Government may notify in this behalf, from the date on which they enter upon their office, and shall not be eligible for any extension or reappointment. **24. Functions of State Commission.—(1) The State Commission shall take all such steps as it may** think fit for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services under this Act. (2) The State Commission may, for the purposes of performing its functions,— (a) enforce the professional conduct, code of ethics and etiquette to be observed by the nursing and midwifery professionals including associates in the State and take disciplinary action including the removal of name of a professional from the State Register; (b) ensure standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education as provided by the Autonomous Boards; (c) maintain the State Registers for registered professionals; (d) issue certification of specialisation or other forms of certification to those who practice the profession of nursing and midwifery; (e) conduct common counselling for admission to nursing associate and midwifery associate courses regulated under this Act; (f) provide for a skill based examination to ensure adequate competence of Nursing and Midwifery Associates before enrolment in the State Register; (g) ensure compliance of all the directives issued by the National Commission; (h) meet with Principals of all colleges of nursing and schools of nursing in the State at least once in every quarter to identify and resolve issues; and (i) perform such other functions as may be entrusted to it by the State Government or Union territory Administration or the National Commission or as may be necessary for implementation of the provisions of this Act. (3) Where a State Act confers power upon the State Commission to take disciplinary action in respect of any professional or ethical misconduct by a registered professional, the State Commission shall act in such manner as may be specified by regulations and the guidelines framed under this Act: Provided that till such time as a State Commission is constituted in a State, the Nursing and Midwifery Ethics and Registration Board shall receive the complaints and grievances relating to any professional or 19 ----- ethical misconduct against a registered professional in that State in accordance with such procedure as may be specified by regulations: Provided further that the Nursing and Midwifery Ethics and Registration Board or the State Commission, as the case may be, shall give an opportunity of hearing to the registered professional concerned before taking any action, including imposition of any monetary penalty against such person. (4) A registered professional or any person, who is aggrieved by any action taken by a State Commission under sub-section (3), may prefer an appeal to the Nursing and Midwifery Ethics and Registration Board within a period of sixty days against such action, and the Nursing and Midwifery Ethics and Registration Board shall decide on the appeal within a period of sixty days, and the decision of the Nursing and Midwifery Ethics and Registration Board thereupon shall be binding on the State Commission, unless a second appeal is preferred under sub-section (5). (5) A registered professional or any person, who is aggrieved by the decision of the Nursing and Midwifery Ethics and Registration Board, may prefer a second appeal to the National Commission within a period of sixty days of receipt of communication of such decision and the National Commission shall dispose of such appeal within a period of ninety days from the date of that appeal. _Explanation.—For the purposes of this Act, the expressions—_ (a) “professional or ethical misconduct” includes any act of commission or omission as may be specified by regulations; and (b) “State” includes Union territory and the expressions “State Government” and “State Nursing and Midwifery Commission”, in relation to a Union territory, shall respectively mean the “Central Government” and “Union Territory Nursing and Midwifery Commission”. CHAPTER V REGISTRATION **25. National Register and State Register.—(1) The Nursing and Midwifery Ethics and Registration** Board shall maintain an online and live Indian Nurses and Midwives' Register containing the name, address, all recognised qualifications possessed by a nursing professional, midwifery professional, nursing associate, midwifery associate and such other particulars as may be specified by regulations. (2) The Nursing and Midwifery Ethics and Registration Board shall maintain the National Register in such form, including digital form, and in such manner, as may be specified by regulations. (3) The manner in which a name or qualification may be added to, or removed from, the National Register and the grounds for adding thereto or removal thereof, shall be such as may be specified by regulations. (4) The National Register shall be a public document within the meaning of section 74 of the Indian Evidence Act, 1872 (1 of 1872). (5) The Nursing and Midwifery Ethics and Registration Board shall make available the National Register to the public in the form of a digital portal accessible on the website of the Nursing and Midwifery Ethics and Registration Board in such manner and form as may be specified by regulations. (6) Every State Commission shall maintain and regularly update, in digital form, the State Register for Nursing Professionals and Midwifery Professionals and the State Register for Nursing Associates and Midwifery Associates in the specified digital format and supply a physical copy of the same to the Nursing and Midwifery Ethics and Registration Board within three months of the commencement of this Act. (7) The Nursing and Midwifery Ethics and Registration Board shall ensure dynamic and electronic synchronisation of the National Register and the State Registers in such a manner that any change in one register is automatically reflected in the other register. 20 ----- **26. Rights of persons to have licence to practice and to be enrolled in National Register or State** **Register for Nursing and Midwifery Professionals and their obligations thereto.—(1) Any person** having a recognised nursing and midwifery qualification shall have his name and qualifications enrolled in the National Register or the State Register for Nursing and Midwifery Professionals, as the case may be, and shall be granted a licence to practice in such manner and following such procedures, as may be specified by regulations: Provided that a person, who has been registered in the Nurses Register maintained under the Indian Nursing Council Act, 1947 (48 of 1947) prior to the coming into force of this Act, shall be deemed to have been registered under this Act and be enrolled in the National Register or the State Register for Nursing and Midwifery Professionals, as the case may be, maintained under this Act. (2) A citizen of India, who has obtained a nursing and midwifery qualification recognised under section 29 or section 32 from a nursing and midwifery institution established in a country outside India, shall be entitled for registration under this Act in such manner as may be specified by regulations. (3) When a person, whose name is entered in the National Register or any State Register, as the case may be, obtains any title, diploma or other qualification for proficiency in nursing sciences or public health nursing, which is a recognised nursing and midwifery qualification under section 28 or section 29, as the case may be, he shall be entitled to have such title, diploma or qualification entered against his name in the National Register or the same State Register, as the case may be, in such manner as may be specified by regulations. (4) The registration and licence granted under this section shall be renewed in such manner as may be specified by regulations. **27. Bar to practice.—(1) No person, other than a person who is enrolled in the National Register or** State Register, shall— (a) be allowed to practice nursing or midwifery as a qualified nursing or midwifery professional or nursing or midwifery associate; (b) be entitled to give evidence at any inquest or in any court of law as an expert under section 42 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to nursing and midwifery: Provided that a foreign citizen who is enrolled in his country as a nursing and midwifery professional in accordance with the law regulating the registration of nursing and midwifery professional in that country may be permitted temporary registration in India for such period and in such manner as may be specified by regulations. (2) Any person who contravenes any of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees, or with both. CHAPTER VI RECOGNITION OF NURSING AND MIDWIFERY QUALIFICATIONS **28. Recognition of nursing and Midwifery qualifications granted by Universities or nursing and** **midwifery institutions in India.—(1) Every nursing and midwifery qualification granted by any** University or nursing and midwifery institution in India shall be listed and maintained by the Nursing and Midwifery Undergraduate and Postgraduate Education Board in such manner as may be specified by regulations, and such nursing and midwifery qualification shall be a recognised nursing and midwifery qualification for the purposes of this Act. 21 ----- (2) Every University or nursing and midwifery institution in India which conducts any course for nursing or midwifery qualification, not included in the list maintained by the Nursing and Midwifery Undergraduate and Postgraduate Education Board may apply to that Board for granting recognition to such qualification. (3) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall examine the application for grant of recognition to an undergraduate or postgraduate or speciality or clinical nurse speciality or nurse practitioner course in all specialities of nursing and midwifery qualification within a period of six months, in such manner as may be specified by regulations. (4) Where the Nursing and Midwifery Undergraduate and Postgraduate Education Board decides to grant recognition to a nursing and midwifery qualification, it shall include such qualification in the list maintained by it and also specify the date of effect of such recognition. (5) An institution or University aggrieved by the decision under sub-section (3) may, within sixty days from the communication of such decision, prefer an appeal to the National Commission and the National Commission shall, within a period of sixty days from the date of filing of such appeal, pass such orders as it thinks fit, after giving an opportunity of being heard. (6) Where the National Commission decides not to grant recognition to the nursing and midwifery qualification or fails to take a decision within the specified period, the University or nursing and midwifery institution concerned may prefer a second appeal to the Central Government within a period of thirty days of the communication of such decision or after the lapse of specified period, as the case may be. (7) All nursing and midwifery qualifications which have been recognised before the date of commencement of this Act and are included in the Part I and Part II of the Schedule to the Indian Nursing Council Act, 1947 (48 of 1947), shall also be recognised nursing and midwifery qualifications for the purposes of this Act, and shall be listed and maintained by the Nursing and Midwifery Undergraduate and Postgraduate Education Board in such manner as may be specified by regulations. (8) If any authority within a State, being recognised by the State Government in consultation with the State Commission or any autonomous body, if any, for the purpose of granting any qualification, grants a qualification which is not recognised by the National Commission, then, such authority may apply to the National Commission to have such qualification recognised, and the National Commission may declare that such qualification, or such qualification only when granted after a specified date, shall be a recognised qualification for the purposes of this Act. (9) Every State Government may, for the purposes of addressing or promoting public health nursing and midwifery practice in rural areas, take necessary measures to enhance the capacity of the nursing and midwifery professionals. **29. Recognition of nursing and midwifery qualifications granted by nursing and midwifery** **institutions outside India.—(1) Where an authority in any country outside India, which by the law of that** country is entrusted with the recognition of nursing and midwifery qualifications in that country, makes an application to the National Commission for granting recognition to such nursing and midwifery qualification in India, the National Commission may, subject to such verification as it may deem necessary, either grant or refuse to grant recognition to that nursing and midwifery qualification: Provided that the National Commission shall give a reasonable opportunity of being heard to such authority before refusing to grant such recognition. (2) The nursing and midwifery qualification, which is granted recognition by the National Commission under sub-section (1), shall be a recognised nursing and midwifery qualification for the purposes of this Act, and such qualification shall be listed and maintained by the National Commission in such manner as may be specified by regulations: 22 ----- Provided that practice by a person possessing such qualification shall be permitted in such manner as may be specified by regulations. (3) Where the National Commission refuses to grant recognition to the nursing and midwifery qualification under sub-section (1), the authority concerned may prefer an appeal to the Central Government against such decision within a period of thirty days of communication thereof and the Central Government shall dispose of the appeal within a period of ninety days from the date of such appeal. (4) The mutual recognition of the qualifications for reciprocal registration of nursing and idwifery professionals between two countries shall be done in such manner as may be specified by regulations. **30. Recognition of nursing and midwifery qualifications granted by statutory or other body in** **India.—(1) The nursing and midwifery qualifications granted by any statutory or other recognised body in** India before the commencement of this Act shall be recognised as nursing and midwifery qualifications in such manner as may be specified by the National Commission for the purposes of this Act. (2) The Central Government may, on the recommendation of the National Commission, and having regard to the objects of this Act, by notification, add to, or, as the case may be, omit any category of nursing and midwifery qualifications granted by a statutory or other body in India and on such addition, or as the case may be, omission, the nursing and midwifery qualifications granted by such statutory or other body in India shall be, or shall cease to be, recognised nursing and midwifery qualifications for the purposes of this Act. **31. Withdrawal of recognition granted to nursing and midwifery qualification granted by nursing** **and midwifery institutions in India.—(1) Where, upon receiving the recommendations or report from the** Nursing and Midwifery Assessment and Rating Board under section 19, or from a State Commission or a State Government or otherwise, if the National Commission is of the opinion that— (a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a University or nursing and midwifery institution do not conform to the standards specified by the Nursing and Midwifery Undergraduate and Postgraduate Education Board; or (b) the standards and norms for infrastructure, faculty and quality of education in the nursing and midwifery institution, as determined by the Nursing and Midwifery Undergraduate and Postgraduate Education Board are not adhered to by any University or nursing and midwifery institution, and such University or nursing and midwifery institution has failed to take necessary corrective action to maintain specified minimum standards, the National Commission may initiate action in accordance with the provisions of sub-section (2). (2) The National Commission shall, after making such further inquiry as it deems fit, and after holding consultations with the concerned State Government and the authority of the concerned University or nursing and midwifery institution, comes to the conclusion that the recognition granted to a nursing and midwifery qualification ought to be withdrawn, it may, by order, withdraw recognition granted to such qualification and direct the Nursing and Midwifery Undergraduate and Postgraduate Education Board to amend the entries against the University or nursing and midwifery institution concerned in the list maintained by that Board to the effect that the recognition granted to such nursing and midwifery qualification is withdrawn with effect from the date specified in that order. **32. Special provision in certain cases for recognition of nursing and midwifery** **qualifications.— Where the National Commission deems it necessary, it may, by an order published in the** Official Gazette, direct that any nursing and midwifery qualification granted by a nursing and midwifery institution in a country outside India, after such date as may be specified in that order, shall be a recognised nursing and midwifery qualification for the purposes of this Act: Provided that before providing the recognition, the equivalence in terms of curriculum, practical training and number of years of course may be examined in such manner as may be specified by regulations: 23 ----- Provided further that practice by a person possessing such qualification shall be permitted in such manner as may be specified by regulations. **33. Derecognition of nursing and midwifery qualifications granted by nursing and midwifery** **institutions outside India.— Where, after verification with the authority in any country outside India, the** National Commission is of the opinion that a recognised nursing and midwifery qualification which is included in the list maintained by it is to be derecognised, it may, by order, derecognize such nursing and midwifery qualification and remove it from the list maintained by the National Commission with effect from the date of such order. CHAPTER VII NURSING AND MIDWIFERY ADVISORY COUNCIL **34. Nursing and Midwifery Advisory Council.—(1) The Central Government shall constitute an** advisory body to be known as the Nursing and Midwifery Advisory Council. (2) The Nursing and Midwifery Advisory Council (hereafter in this Chapter referred to as the Advisory Council) shall consist of a Chairperson and the following Members, namely:— (a) the Chairperson of the National Commission shall be the ex officio Chairperson of the Advisory Council; (b) one officer not below the rank of Joint Secretary representing Ministry of Ayush—Member, _ex officio;_ (c) Presidents of the three Autonomous Boards—Members, ex officio; (d) Secretary of the National Commission—Member, ex officio; (e) one person to represent each State and each Union territory who shall be a Dean (Nursing) or Principal of a nursing and midwifery institution in that State or Union territory, as the case may be, or the representative of the State Nursing and Midwifery Commission, to be nominated by that State Government or by the Ministry of Home Affairs, Government of India in the case of Union territory— Member; (f) the Chairman, University Grants Commission—Member, ex officio; (g) the Director, National Assessment and Accreditation Council—Member, ex officio; (h) one representative from Indian Council of Medical Research not below the rank of Additional Director General—Member, ex officio; (i) three Directors, one each to represent the Indian Institute of Technology, the Indian Institute of Management and the Indian Institute of Science, to be nominated by the Central Government— Members, ex officio; (j) Head of any three national level professional nursing and midwifery association, to be nominated by the Chairperson of the Advisory Council, so that there shall be adequate representation of major stakeholders—Members. (3) The Members nominated under clauses (e) and (j) of sub-section (2) shall hold office for a term not exceeding four years, as the Central Government may notify in this behalf, from the date on which they enter upon their office. **35. Functions of Nursing and Midwifery Advisory Council.—(1) The Advisory Council shall be** the primary platform through which the States and Union territories may put forth their views and concerns before the National Commission and help in shaping the overall agenda, policy and action relating to nursing and midwifery education, services, raining and research. 24 ----- (2) The Advisory Council shall advise the National Commission on measures to determine and maintain, and to co-ordinate maintenance of, the minimum standards in all matters relating to nursing and midwifery education, services, training and research. (3) The Advisory Council shall advise the National Commission on measures to enhance equitable access to nursing and midwifery education, services, training and research. **36. Meetings of Nursing and Midwifery Advisory Council.—(1) The Advisory Council shall meet** at least once a year at such time and place as may be decided by its Chairperson. (2) The Chairperson of the Advisory Council shall preside over the meeting of the Advisory Council and if for any reason the Chairperson is unable to attend a meeting of the Advisory Council, such other Member as may be nominated by the Chairperson shall preside over such meeting. (3) Unless the procedure is otherwise provided by regulations, two-thirds of the Members of the Advisory Council including the Chairperson shall form the quorum and all acts of the Advisory Council shall be decided by a majority of the Members present and voting. (4) The Members nominated under clauses (e) and (j) of sub-section (2) of section 34 shall hold office for a term not exceeding four years, as may be notified by the Central Government in this behalf. CHAPTER VIII GRANTS, AUDIT AND ACCOUNTS **37. Grants by Central Government.—The Central Government may, after due appropriation made** by Parliament by law in this behalf, make to the National Commission grants of such sums of money as the Central Government may think fit. **38. National Nursing and Midwifery Commission Fund.—(1) There shall be constituted a fund to** be called the National Nursing and Midwifery Commission Fund, which shall form part of the public account of India and there shall be credited thereto— (a) all fees, penalties and charges received by the National Commission and the Autonomous Boards; (b) all sums received by the National Commission from such other sources as may be decided by it. (2) The Fund shall be applied for making payment towards— (a) the salaries and allowances payable to the Chairperson, Secretary and Members of the National Commission, the Presidents and Members of the Autonomous Boards and the administrative expenses including the salaries and allowances payable to the officers and other employees of the National Commission and Autonomous Boards; (b) the expenses incurred in carrying out the provisions of this Act, including in connection with the discharge of the functions of the National Commission and the Autonomous Boards. **39.** **Audit and accounts.—(1) The National Commission shall maintain proper accounts and other** relevant records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the National Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the National Commission to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the National Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection 25 ----- with the audit of Government accounts and in particular, shall have the right to demand the production of, and complete access to, records, books, accounts, connected vouchers and other documents and papers and to inspect the office of the National Commission. (4) The accounts of the National Commission as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually by the National Commission to the Central Government which shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament. **40. Furnishing of returns and reports to Central Government.—(1) The National Commission shall** furnish to the Central Government, at such time, in such form and in such manner, as may be prescribed or as the Central Government may direct, such reports and statements, containing such particulars in regard to any matter under the jurisdiction of the National Commission, as the Central Government may, from time to time, require. (2) The National Commission shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government. (3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament. CHAPTER IX MISCELLANEOUS **41. Power of Central Government to give directions to National Commission, Autonomous** **Boards and Nursing and Midwifery Advisory Council.—(1) Without prejudice to the provisions of this** Act, the National Commission, the Autonomous Boards and the Nursing and Midwifery Advisory Council shall, in exercise of their powers and discharge of their functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to them from time to time: Provided that the National Commission, the Autonomous Boards and the Advisory Council shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section. (2) The decision of the Central Government whether a question is one of policy or not, shall be final. **42. Power of Central Government to give directions to State Governments.—The Central** Government may give such directions, as it may deem necessary, to a State Government for carrying out all or any of the provisions of this Act and the State Government shall comply with such directions. **43. Power of National Commission to give directions to State Commissions.—The National** Commission may give such directions, as it may deem necessary, to a State Commission for carrying out all or any of the provisions of this Act and the State Commission shall comply with such directions. **44. Information to be furnished by National Commission and publication thereof.—(1) The** National Commission shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Government as that Government may require. (2) The Central Government may publish, in such manner as it may think fit, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1). **45. Obligation of Universities and nursing and midwifery institutions.—Every University and** nursing and midwifery institution governed under this Act shall maintain a website at all times and display on its website all such information as may be required by the National Commission or an Autonomous Board, as the case may be. 26 ----- **46. Completion of courses of studies in nursing and midwifery institutions.—(1) Notwithstanding** anything contained in this Act, any student who was studying for a degree, diploma or certificate in any nursing and midwifery institution, immediately before the commencement of this Act, shall continue to so study and complete his course for such degree, diploma or certificate, and such institution shall continue to provide instructions and examination for such student in accordance with the syllabus and studies as existed before such commencement, and that student shall be deemed to have completed his course of study under this Act and shall be awarded degree, diploma or certificate under this Act. (2) Notwithstanding anything contained in this Act, where recognition granted to a nursing institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason, such nursing institution shall continue to maintain and provide the minimum standards required to be provided under this Act till such time as all candidates who are admitted in that nursing institution complete their study. **47. Chairperson, Members, officers of National Commission and of Autonomous Boards, to be** **public servants.—The Chairperson, Members, officers and other employees of the National Commission** and State Commissions, and the President, Members and officers and other employees of the Autonomous Boards, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **48. Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall** lie against the Government, the National Commission or any Autonomous Board or a State Commission or any committee thereof, or any officer or other employee of the Government or of the National Commission acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. **49. Cognizance of offences.— No court shall take cognizance of an offence punishable under this Act** except upon a complaint in writing made in this behalf by an officer authorised by the National Commission or the Nursing and Midwifery Ethics and Registration Board or a State Commission, as the case may be. **50. Power of Central Government to supersede National Commission.—(1) If, at any time, the** Central Government is of the opinion that— (a) the National Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or (b) the National Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act, the Central Government may, by notification, supersede the National Commission for such period, not exceeding six months, as may be specified in such notification: Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the National Commission to show causeas to why it should not be superseded and shall consider the explanations and objections, if any, of the National Commission. (2) Upon the publication of a notification under sub-section (1) superseding the National Commission— (a) all its Members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the National Commission, shall, until the National Commission is re-constituted under sub-section (3), be exercised and discharged by such nursing and midwifery professionals as the Central Government may direct; and (c) all property owned or controlled by the National Commission shall, until the National Commission is re-constituted under sub-section (3), vest in the Central Government. 27 ----- (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may— (a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or (b) re-constitute the National Commission by fresh appointments and in such case the Members who vacated their offices under clause (a) of sub-section (2) shall not be deemed to be disqualified for appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this subsection, take action under clause (b) of this sub-section. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity. **51. Power of Central Government to make rules.—(1) The Central Government may, subject to the** condition of previous publication, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the qualifications and experience required for a nursing and midwifery leader under clause (q) of section 2; (b) the six zones referred to in clauses (h) and (i) and the manner of appointing Members of the National Commission under clauses (g), (h), (i), (j), (k) and (l), of section 4; (c) the manner of nominating experts by the Central Government under clauses (b) and (c) of sub section (1) of section 5; (d) the salary and allowances payable to, and other terms and conditions of service of the Chairperson and Members under sub-section (5) of section 6; (e) the form and manner of making declaration under sub-section (7) of section 6; (f) the qualifications and experience to be possessed by the Secretary of the National Commission under sub-section (2) of section 8; (g) the salaries and allowances payable to and other terms and conditions of service of the Secretary, officers and other employees of the National Commission under sub-section (7) of section 8; (h) the other functions of the National Commission under clause (o) of sub-section (2) of section 10; (i) the manner of choosing Members under sub-section (6) of section 12; (j) the manner of filling up of vacancies of each Autonomous Board under sub-section (2) of section 13; (k) the salary and allowances payable to, and other terms and conditions of service of the President and Members of an Autonomous Board under sub-sections (3) and (4) of section 13; (l) the form for preparing annual statement of accounts under sub-section (1) of section 39; (m) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the National Commission and the particulars with regard to any matter as may be required by the Central Government under sub-section (1) of section 40; 28 ----- (n) the form and the time for preparing annual report under sub-section (2) of section 40; (o) the amount of compensation for which the employees of the erstwhile Indian Nursing Council shall be entitled under the proviso to sub-section (5) of section 56; and (p) any other matter in respect of which provision is to be made by rules for carrying out the purposes of this Act. **52. Power to make regulations.—(1) The National Commission may, subject to the condition of** previous publication, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the functions to be discharged by the Secretary of the National Commission under sub-section (5) of section 8; (b) the procedure in accordance with which experts, consultants and professionals may be engaged and the number of such experts, consultants and professionals under sub-section (8) of section 8; (c) the procedure in accordance with which and the number of experts and domain specialists are to be invited from foreign countries for meetings of the Commission under sub-section (9) of section 8; (d) the procedure to be followed at the meetings of National Commission, including the quorum at its meetings under sub-section (3) of section 9; (e) steps to be taken for the coordinated and integrated development of education and maintenance of the standards of delivery of services, with periodic revision under sub-section (1) of section 10; (f) the purposes of performing its functions by the National Commission under sub-section (2) of section 10; (g) the manner of making available and the number of experts, consultants, professionals, officers and other employees appointed including the experts and domain specialists invited from foreign countries under section 8, to the Autonomous Boards under section 15; (h) the manner of determining the minimum requirements and standards of nursing and midwifery education and examination at undergraduate level and postgraduate level under clause (a) of subsection (1) of section 18; (i) the manner of developing dynamic competency based curriculum at undergraduate level and postgraduate level under clause (b) of sub-section (1) of section 18; (j) prescribing qualifications at the undergraduate level and postgraduate level in nursing and midwifery and such other particulars under clause (c) of sub-section (1) of section 18; (k) the standards for setting up of nursing and midwifery institutions for imparting undergraduate and postgraduate courses, having regard to the needs of the country and the global norms under clause (d) of sub-section (1) of section 18; (l) the manner of determining the standards and norms for infrastructure, faculty and quality of education in nursing and midwifery institutions providing undergraduate and postgraduate nursing and midwifery education under clause (e) of sub-section (1) of section 18; (m) the manner of regulating the standards and scope of practice of registered nursing and midwifery professionals, including nurse practitioners, nursing associates and midwifery associates who have obtained the nursing and midwifery qualification as provided by Nursing and Midwifery Undergraduate and Postgraduate Education Board under clause (h), and the manner of regulating the 29 ----- limited prescribing authority in consultation with the National Commission under clause (i), of subsection (1) of section 18; (n) the manner of determining the procedure for assessing and rating the nursing and midwifery institutions for their compliance with the standards laid down by the Nursing and Midwifery Undergraduate and Postgraduate Education Board under clause (a) of sub-section (1) of section 19; (o) the manner of carrying out inspections of nursing and midwifery institution for assessing and rating such institutions under clause (c) of sub-section (1) of section 19; (p) the time and manner of conducting, or where it deems necessary, empaneling independent rating agencies to conduct, assess and rate all nursing and midwifery institutions, within such period of their opening under clause (d) of sub-section (1) of section 19; (q) the manner of making available on the website or in public domain the assessment and ratings of nursing and midwifery institutions at regular intervals, under clause (e) of sub-section (1) of section 19; (r) the measures to be taken including the manner of issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the National Commission for withdrawal of recognition, against a nursing and midwifery institution for failure to maintain the minimum essential standards specified by the Nursing and Midwifery Undergraduate and Postgraduate Education Board under clause (f) of sub-section (1) of section 19; (s) the manner of regulating professional conduct and promoting nursing and midwifery ethics under clause (c) of sub-section (1) of section 20; (t) the form, particulars and fee for submitting a proposal to the Nursing and Midwifery Assessment and Rating Board for the purposes of obtaining permission under sub-section (1) of section 21, under sub-section (2) of the said section; (u) the manner of preferring appeal to the National Commission under sub-section (5) of section 21; (v) other factors to be taken into consideration by the Nursing and Midwifery Assessment and Rating Board or, as the case may be, the National Commission while approving or disapproving a proposal under section 22, and the nursing and midwifery institutions set up in such areas which are eligible for relaxation of the criteria under the said section; (w) the manner of taking disciplinary actions by the State Commission in respect of any professional or ethical misconduct by a registered professional under sub-section (3) of section 24; (x) the manner of receiving the complaints and grievances relating to any professional or ethical misconduct against a registered professional in a State by the Nursing and Midwifery Ethics and Registration Board under the first proviso to sub-section (3) of section 24; (y) the acts of commission or omission which would amount to professional or ethical misconduct under the Explanation to section 24; (z) such other particulars to be specified in the online and live National Register maintained by the Nursing and Midwifery Ethics and Registration Board under sub-section (1) of section 25; (za) the form and manner in which the National Register is to be maintained under sub-section (2) of section 25; (zb) the manner in which a name or qualification may be added to, or removed from, the National Register and the grounds for adding thereto or removal thereof under sub-section (3) of section 25; 30 ----- (zc) the form and manner in which the National Register shall be made available to the public by placing it on the website of the Nursing and Midwifery Ethics and Registration Board under sub-section (5) of section 25; (zd) the manner of granting a registration as nursing and midwifery professional to a person who has obtained a recognised nursing and midwifery qualification and getting his name and qualifications enrolled in the National Register or the State Register for Nursing and Midwifery Professionals under sub-section (1) of section 26; (ze) the manner of getting entered the title, diploma or qualification against his name in the National Register or the State Register under sub-section (3) of section 26; (zf) the manner of renewal of registration under sub-section (4) of section 26; (zg) the period and manner in which a foreign citizen may be permitted temporary registration in India under the proviso to sub-section (1) of section 27; (zh) the manner of listing and maintaining nursing and midwifery qualification granted by any University or nursing and midwifery institution in India by the Nursing and Midwifery Undergraduate and Postgraduate Education Board under sub-section (1) of section 28; (zi) the manner of listing and maintaining nursing and midwifery qualification granted by any University or nursing and midwifery institution in India by the Nursing and Midwifery Undergraduate and Postgraduate Education Board under sub-section (2) of section 28; (zj) the manner of examining the application for grant of recognition to an undergraduate or postgraduate or speciality or clinical nurse speciality or nurse practitioner course in all specialities of nursing and midwifery qualification under sub-section (3) of section 28; (zk) the manner of listing and maintaining all nursing and midwifery qualifications which have been recognised before the date of commencement of this Act and are included in the Part I and Part II of the Schedule to the Indian Nursing Council Act, 1947 under sub-section (7) of section 28; (zl) the manner of listing and maintaining the nursing and midwifery qualification, which is granted recognition by the National Commission and the manner of practice by a person possessing such qualification under sub-section (2) of section 29; (zm) the manner of mutual recognition of the qualifications for reciprocal registration of nursing and midwifery professionals between two countries under sub-section (4) of section 29; (zn) the manner of examining the equivalence in terms of curriculum, practical. (zo) the manner in which a person possessing necessary qualification shall be permitted to practice under the second proviso to section 32; (zp) the procedure to be followed at the meetings of Nursing and Midwifery Advisory Council under sub-section (3) of section 36; and (zq) any other matter in respect of which provision is to be made by regulations for carrying out the purposes of this Act. **53. Power of State Government to make rules.—(1) The State Government may, by notification,** make rules for carrying out the provisions of section 23 and sub-section (9) of section 28. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the qualifications and experience to be possessed by members to be nominated in the State Nursing and Midwifery Commission under clauses (d), (e) and (f) of sub-section (3) of section 23. (3) Every rule made under this section shall, as soon as may be, after it is made, be laid before the State Legislature. 31 ----- **54. Laying of rules, regulations and notifications before Parliament.—Every rule and regulation** made and every notification issued under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or notification; both Houses agree that the rule or regulation or notification should not be made or issued, the rule or regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification. **55. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary, for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **56. Repeal and saving.—(1) With effect from such date as the Central Government may appoint in** this behalf, the Indian Nursing Council Act, 1947 (48 of 1947), shall stand repealed and the Indian Nursing Council constituted under sub-section (1) of section 3 of the said Act shall stand dissolved. (2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,— (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any penalty incurred in respect of any contravention under the Act so repealed; or (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed. (3) On the dissolution of the Indian Nursing Council, the person appointed as the President and every other person appointed as the Member of the Indian Nursing Council shall vacate their respective offices and such President and other Members shall be entitled to claim compensation, fees and allowances for the premature termination of term of their office for a period not exceeding ninety days. (4) Every officer who has been appointed on deputation basis in the Indian Nursing Council shall, on its dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be. (5) The services of other employees who have been, before the dissolution of the Indian Nursing Council, employed on regular basis by the Indian Nursing Council, shall continue for no longer than one year after the enactment of this Act, as an interim arrangement and thereafter, further continuity or otherwise of their services shall be determined by the National Commission on the basis of their performance appraisal or evaluation: Provided that such employees of the erstwhile Indian Nursing Council shall be entitled to compensation which shall not be less than three months’ pay and allowances, as may be prescribed. (6) Notwithstanding the repeal of the Indian Nursing Council Act, 1947 (48 of 1947), any order made, any licence to practice issued, any registration made, any permission to start a new nursing college or institution, or to start higher course of studies, or for increase in the admission capacity granted, or any 32 ----- recognition of nursing qualifications granted, under the said Act, which are in force as on the date of commencement of this Act, shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this Act or the rules or regulations made thereunder. **57. Transitory provisions.—(1) The National Commission shall be the successor in interest to the** Indian Nursing Council including its subsidiaries or owned trusts and all the assets and liabilities of the Indian Nursing Council shall be deemed to have been transferred to the National Commission. (2) Notwithstanding the repeal of the Indian Nursing Council Act, 1947 (48 of 1947), the educational standards, requirements and other provisions of the said Act and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder: Provided that anything done, or any action taken, as regards the educational standards and requirements under the enactment under repeal and the rules and regulations made thereunder, shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act. ________ 33 -----

12-Aug-2023

25

The Anusandhan National Research Foundation Act, 2023

https://www.indiacode.nic.in/bitstream/123456789/19767/1/a2023-25.pdf

central

## THE ANUSANDHAN NATIONAL RESEARCH FOUNDATION ATC, 2023 _______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS. 1. Short title and commencement. 2. Definitions. CHAPTER II **ANUSANDHAN NATIONAL RESEARCH FOUNDATION** 3. Establishment of Foundation. 4. Objectives of Foundation. 5. Governing Board. 6. Meetings of Governing Board. 7. Executive Council. 8. Meetings of Executive Council. 9. Vacancies, etc., not to invalidate proceedings of Governing Board or Executive Council. 10. Functions of Executive Council. 11. Chief Executive Officer and other officers and employees of Foundation. 12. Constitution of Committees. CHAPTER III FINANCE, ACCOUNTS AND AUDIT 13. Funds of Foundation. 14. Budget. 15. Annual report. 16. Accounts and audit. 17. Annual report and auditor's report to be laid before Parliament. CHAPTER IV MISCELLANEOUS 18. Certification and report to be furnished. 19. Power of Governing Board to delegate. 1 ----- ## SECTIONS. 20. Power of Governing Board to issue directions. 21. Application of other laws not barred. 22. Protection of action taken in good faith. 23. Power to make rules. 24. Power of Executive Council to make regulations. 25. Rules and regulations to be laid before Parliament. 26. Power to remove difficulties. 27. Repeal and savings. 2 ----- THE ANUSANDHAN NATIONAL RESEARCH FOUNDATION ACT, 2023 ## ACT NO. 25 OF 2023 [12th August, 2023.] An Act to establish the Anusandhan National Research Foundation to provide high level strategic direction for research, innovation and entrepreneurship in the fields of natural sciences including mathematical sciences, engineering and technology, environmental and earth sciences, health and agriculture, and scientific and technological interfaces of humanities and social sciences, to promote, monitor and provide support as required for such research and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.— (1) This Act may be called the Anusandhan National Research** Foundation Act, 2023. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2.** **Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed date” means such date as the Central Government may, by notification, appoint under sub-section (2) of section 1; (b) “Chief Executive Officer” means the Chief Executive Officer of the Foundation; (c) “Committees” means the Committees of the Executive Council referred to in section 12; (d) “Executive Council” means the Council constituted under sub-section (1) of section 7; (e) “Foundation” means the Anusandhan National Research Foundation established under section 3; (f) “Funds” means the Funds referred to in sub-section (2) of section 13; (g) “Governing Board” means the Governing Board of the Foundation constituted under section 5; (h) “Member” means a Member of the Governing Board or the Executive Council and includes the President, Vice-President and Chairperson, as the case may be; (i) “notification” means the notification published in the Official Gazette and the expression “notified” shall be construed accordingly; (j) “prescribed” means prescribed by rules made under this Act; and (k) “regulations” means the regulations made by the Executive Council under this Act. 1. 5[th] day of February, 2024, vide notification No. S.O. 474(E), dated 5[th] February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- CHAPTER II **ANUSANDHAN NATIONAL RESEARCH FOUNDATION** **3. Establishment of Foundation.—(1) With effect from such date as the Central Government may,** by notification, appoint, there shall be established for the purposes of this Act, a Foundation to be known as the Anusandhan National Research Foundation. (2) The Foundation, referred to in sub-section (1), shall be a body corporate, having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. **4.** **Objectives of Foundation.—(1) Subject to the provisions of this Act, the Foundation shall serve as** the apex body to provide high level strategic direction for research, innovation and entrepreneurship in the fields of natural sciences including mathematical sciences, engineering and technology, environmental and earth sciences, health and agriculture, and scientific and technological interfaces of humanities and social sciences. (2) Without prejudice to the provisions contained in sub-section (1), the Foundation shall undertake suitable initiatives including the following, namely:— (a) preparing the roadmap for short, medium and long term research and development; (b) seeding, growing and facilitating research at academic and research institutions, particularly at universities and colleges where research capacity is at a nascent stage, through programmes such as research and development projects, fellowships, academic chairs, and creation of centres of excellence; (c) funding competitive peer-reviewed grant proposals to eligible persons; (d) assisting in setting up research infrastructure and environment that is conducive for scientific pursuit with specific focus on matters of national priorities, emerging frontiers and strategic research; (e) increasing India's role and participation in key areas of national and global importance; (f) supporting translation of research undertaken into capital intensive technologies; (g) evolving nationally coordinated programmes to identify scientific and practical solutions for societal, developmental, financial and techno-economic challenges; (h) coordinating across the Central Government, State Governments, public authorities, industries, and research institutions, to document and analyse the expenditure on scientific research and their outcomes during each financial year, and report the same to the Central Government; (i) evolving participation in international collaborative projects and fostering exchange of scientific information; (j) encouraging collaboration with scientists from within and outside India, including scientists of Indian origin, with a view to enrich the Indian scientific ecosystem; and (k) encouraging the Public Sector Enterprises as well as the private sector entities to invest in the activities of the Foundation. (3) In addition to the objectives referred to in sub-section (2), the Foundation shall also, to the extent practicable, either by itself, or through a suitable agency identified in this behalf, undertake an annual survey of outcomes of scientific research in India, with a view to create a central repository, for the collection, interpretation and analysis of information and data surrounding such research, and the aim of such a repository would include providing information for policy formulation and advising the Central Government and State Governments as well as the private sector: Provided that the survey referred to in this sub-section shall exclude any strategic areas of research as determined by the Governing Board. (4) The Foundation shall perform the aforesaid objectives through a Governing Board constituted under section 5. 4 ----- **5. Governing Board.—(1) There shall be constituted a Governing Board, which shall provide high** level strategic direction, perform and monitor the implementation of the objectives of the Foundation. (2) The Governing Board referred to in sub-section (1) shall consist of the following, namely:— (a) the Prime Minister of India, ex officio—President; (b) the Union Minister of Science and Technology, ex officio—Vice-President; (c) the Union Minister of Education, ex officio—Vice-President; (d) a Member from the NITI Aayog dealing with science and technology, ex officio—Member; (e) Secretary to the Government of India in the Department of Science and Technology, _ex officio—Member;_ (f) Secretary to the Government of India in the Department of Scientific and Industrial Research, _ex officio—Member;_ (g) Secretary to the Government of India in the Department of Biotechnology, ex officio—Member; (h) Secretary to the Government of India in the Department of Higher Education, _ex officio—_ Member; and (i) the Principal Scientific Advisor to the Government of India, ex officio—Member-Secretary (3) The President of the Governing Board may nominate or appoint the following Members to the Governing Board, namely:— (a) not exceeding two Members from the Prime Minister's Science, Technology and Innovation Council; (b) not exceeding five Members from business organisation or industry; (c) one Member from the field of humanities and social sciences; (d) not exceeding two Members from institutions engaged in scientific and technological research and development; and (e) not exceeding six experts who have specialised knowledge in the areas of health, mathematical and physical sciences, biological sciences, engineering and technology, innovation and partnership, computer and information sciences, and engineering. (4) The qualifications, experience, honorarium and allowances payable to and the other terms and conditions of service of the Members and experts of the Governing Board referred to in sub-section (3) shall be such as may be prescribed. **6. Meetings of Governing Board.—(1) The Governing Board shall meet at such times and places,** and shall observe such rules of procedure in regard to the transaction of business at its meetings including quorum at such meetings, as may be specified by the regulations. (2) If the President for any reason is unable to attend a meeting of the Governing Board, any of the Vice-Presidents shall preside over the meeting. **7. Executive Council.—(1) The President of the Governing Board shall constitute an Executive** Council to implement the provisions of this Act. (2) The Executive Council referred to in sub-section (1) shall consist of the following, nominated by the President of the Governing Board, namely:— (a) the Principal Scientific Advisor to the Government of India, ex officio— Chairperson; (b) Secretary to the Government of India in the Department of Science and Technology, _ex officio—Member;_ (c) Secretary to the Government of India in the Department of Biotechnology, _ex officio—_ Member; 5 ----- (d) Secretary to the Government of India in the Department of scientific and Industrial Research, _ex officio—Member;_ (e) Secretary to the Government of India in the Ministry of Earth Sciences, ex officio—Member; (f) Secretary to the Government of India in the Department of Higher Education, _ex officio—_ Member; (g) Secretary to the Government of India in the Department of Health Research, _ex officio—_ Member; (h) Secretary to the Government of India in the Department of Defence Research and Development, ex officio—Member; (i) Secretary to the Government of India in the Department of Atomic Energy, _ex officio—_ Member; (j) Secretary to the Government of India in the Department of Space, ex officio—Member; (k) Secretary to the Government of India in the Department of Agricultural Research and Education, ex officio—Member; and (l) the Chief Executive Officer of the Foundation appointed under section 11 _ex officio—_ Member-Secretary. (3) The President of the Governing Board may also nominate or appoint the following Members to the Executive Council, namely:— (a) not exceeding two ex officio Members amongst Secretaries of such other Departments or Ministries of the Government of India, not referred to in sub-section (2), as may be notified by the Central Government; and (b) not exceeding three Members amongst distinguished experts who have specialised knowledge in the areas of science and technology in academia, philanthropic sector, research laboratories and industries. (4) The qualifications, experience, honorarium and allowances payable to and the other terms and conditions of service of the Members of the Executive Council referred to in clause (b) of sub-section (3) shall be such as may be prescribed. **8. Meetings of Executive Council.—(1) The Executive Council shall meet at such times and places,** and shall observe such rules of procedure in regard to the transaction of business at its meetings including quorum at such meetings, as may be specified by the regulations. (2) If the Chairperson for any reason is unable to attend a meeting of the Executive Council, the Member chosen by other Members shall preside over the meeting. (3) The Chairperson shall, in addition to presiding over the meetings of the Executive Council, exercise and discharge such powers and duties, as may be delegated by the Governing Board. **9. Vacancies, etc., not to invalidate proceedings of Governing Board or Executive Council.—No** act or proceeding of the Governing Board or the Executive Council shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of the Governing Board or the Executive Council; (b) any defect in the appointment of a person acting as a Member of the Governing Board or the Executive Council; and (c) any irregularity in the procedure of the Governing Board or the Executive Council not affecting the merits of the case. **10. Functions of Executive Council.—The Executive Council shall implement the objectives of the** Foundation based on the policy direction and guidance provided by the Governing Board, including the following functions, namely:— 6 ----- (a) to consider applications for the grant of financial assistance in accordance with the eligibility criteria as determined necessary for such grants; (b) to determine through regulations,— (i) the requirements for registration, the form and manner for making of applications for financial assistance; (ii) reports and certification to be furnished pursuant to availing the financial assistance; (iii) the requirements of extension of financial assistance; and (iv) the grounds for revocation of financial assistance; (c) to facilitate and provide any assistance as may be required to ensure filing of applications for intellectual property rights pursuant to the research undertaken through financial assistance under this Act; and (d) any other function as may be delegated to it from time to time by the Governing Board. **11.** **Chief Executive Officer and other officers and employees of Foundation.—(1) The President** of the Governing Board may appoint a Chief Executive Officer, not below the rank of Additional Secretary to the Government of India, for efficient administration of the Foundation. (2) The qualifications, experience, salary and allowances payable to and the other terms and conditions of service of the Chief Executive Officer shall be such as may be prescribed. (3) The Executive Council may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act. (4) The qualifications, experience, salary and allowances payable to and the other terms and conditions of service of the other officers and employees of the Foundation shall be such as may be prescribed. (5) The Executive Council may engage the services of such persons, both from within and outside India, as consultants and visiting scientists to the Foundation. (6) The eligibility criteria and honorarium payable to the consultants and visiting scientists, referred to in sub-section (5), shall be such as may be specified by the regulations. **12. Constitution of Committees.—(1) The Executive Council may constitute such Committees as it** may deem necessary for the efficient discharge of its duties and performance of its functions under this Act. (2) The Executive Council may also co-opt persons, other than Members of the Governing Board or the Executive Council, as members of any Committees constituted under sub-section (1). (3) The co-opted members shall have the right to attend the meetings of the Committees and take part in the proceedings of the Committees, but shall not have right to participate in decision making. CHAPTER III FINANCE, ACCOUNTS AND AUDIT **13. Funds of Foundation.—(1) The Foundation shall receive monies from the following sources,** namely:— (a) grants and loans of such sums of money as the Central Government may consider necessary, after due appropriation made by Parliament by law in this behalf; (b) any sums received for research and development, including through donations from any other source, including from public sector enterprises, the private sector, philanthropist organisations, foundations or international bodies; (c) recoveries made of the amounts granted to the Foundation; (d) any income from investment of the amounts received by the Foundation; (e) all amounts with the Fund for Science and Engineering Research under the Science and Engineering Research Board Act, 2008 (9 of 2009) as on the appointed date; and 7 ----- (f) such other sources as may be prescribed. (2) The Governing Board shall constitute the following Funds, into which it shall allocate, in the manner as it determines fit, the amounts received from clauses (a), (b), (c), (d) and (f) of sub-section (1), namely:— (a) the Anusandhan National Research Foundation Fund, which shall be used for the financing of activities under the Act, including expenses, salaries, allowances and other administrative exigencies for achieving the objectives of the Foundation; (b) the Innovation Fund for supporting outstanding creativity in the areas supported by the Foundation; (c) the Science and Engineering Research Fund for continuation of the projects and programmes initiated under the Science and Engineering Research Board Act, 2008 (9 of 2009); and (d) one or more Special Purpose Funds for any specific project or research. (3) The Governing Board shall maintain the Science and Engineering Research Fund referred to in clause (c) of sub-section (2) for such time as it may determine necessary, and allocate to such Fund, the following amounts, namely:— (a) all amounts under clause (e) of sub-section (1); and (b) any further amounts from any of the other sources of Funds received by the Foundation, as may be determined to be necessary for the implementation of such projects and programmes, based on a review and assessment by the Executive Council. (4) The Central Government shall frame such financial rules for the utilisation of the amounts in the Funds established under this Act. **14. Budget.—The Executive Council shall prepare a budget, maintain proper accounts in such form** and manner at such time and at such intervals as may be prescribed for the next financial year, showing the estimated receipts and expenditure of the Foundation, as approved by the Governing Board, and forward the same to the Central Government. **15. Annual report.—The Executive Council shall prepare, in such form and manner and at such time** in every financial year, as may be prescribed, its annual report, giving a full account of the Foundation's activities during the previous financial year and submit a copy of the same to the Central Government. **16.** **Accounts and audit.—(1) The Executive Council shall maintain proper accounts and other** relevant records and prepare an annual statement of accounts in such form and manner as may be prescribed in consultation with the Comptroller and Auditor-General of India. (2) The Comptroller and Auditor-General of India or any other person appointed in connection with the auditing of the accounts of the Foundation under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the auditing of the Government account and, in particular, shall have the right to demand the production of books, accounts connected vouchers and other documents and papers and to inspect any of the office of the Foundation under this Act. (3) The accounts of the Foundation shall be audited by the Comptroller and Auditor-General of India annually and any expenditure incurred in connection with such audit shall be payable by the Foundation to the Comptroller and Auditor-General of India. (4) The Executive Council shall furnish to the Central Government, before such date as may be prescribed, its audited copy of accounts together with auditor's report. **17. Annual report and auditor's report to be laid before Parliament.—The Central Government** shall cause the annual report and auditor's report to be laid, as soon as may be after they have received, before each House of Parliament. 8 ----- CHAPTER IV MISCELLANEOUS **18. Certification and report to be furnished.— (1) Any person receiving financial assistance from** the Foundation shall furnish certification and report to the Executive Council, in such form and manner and at such time as may be specified by the regulations. (2) The Executive Council may authorise an officer to visit any academic institutions, research and development laboratories, industries and other organisations with which the person referred to in subsection (1) is associated, at any time to verify the accuracy of the certification or report made under this section. **19. Power of Governing Board to delegate.—The Governing Board may, by general or special order** in writing, published in the Official Gazette, delegate to the Executive Council, the Chairperson of the Executive Council or the Chief Executive Officer, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions including, but not limited to administrative and financial matters, as it may deem necessary. **20. Power of Governing Board to issue directions.— (1) Without prejudice to the foregoing** provisions of this Act, the Executive Council shall, in discharge of its powers and performance of its functions under this Act, be bound by such directions as the Governing Board may give in writing to it from time to time. (2) The Executive Council shall furnish to the Governing Board such information with respect to its activities as the Governing Board may, from time to time, require. **21.** **Application of other laws not barred.—The provisions of this Act shall be in addition to, and not** in derogation of, the provisions of any other law for the time being in force. **22. Protection of action taken in good faith.—No prosecution or other legal proceeding shall lie** against the Central Government or the Governing Board or Executive Council or any Member of the Governing Board or Executive Council, or any Committee, officer or employee of the Foundation, or any other person authorised by the Central Government or the Foundation, for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. **23. Power to make rules.— (1) The Central Government may, by notification, and subject to the** condition of previous publication, make rules not inconsistent with the provisions of this Act, to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the qualifications, experience, honorarium and allowances payable to and the other terms and conditions of service of the Members and experts of the Governing Board under sub-section (4) of section 5; (b) the qualifications, experience, honorarium and allowances payable to and the other terms and conditions of service of the Members of the Executive Council under sub-section (4) of section 7; (c) the qualifications, experience, salary and allowances payable to and the other terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 11; (d) the qualifications, experience, salary and allowances payable to and the other terms and conditions of service of the other officers and employees under sub-section (4) of section 11; (e) the other sources from where the Foundation receive monies under clause (f) of sub-section (1) of section 13; (f) the financial rules for the utilisation of the amounts in the funds under sub-section (4) of section 13; (g) the form, manner, time and interval for preparation of budget for the next financial year under section 14; 9 ----- (h) the form, manner and time for preparation of annual report by the Executive Council under section 15; (i) the form and manner of preparation of annual statement of accounts by the Executive Council under sub-section (1) of section 16; (j) the date of submission of audited copy of accounts together with the auditor's report under sub-section (4) of section 16; (k) the manner of dealing with the monies transferred by the Board to the Foundation under second proviso to clause (b) of sub-section (3) of section 27; and (l) any other matter which is to be or may be prescribed or in respect of which provision is to be made by rules. **24. Power of Executive Council to make regulations.—(1) The Executive Council may, by** notification and with the prior approval of the Central Government, make regulations not inconsistent with the provisions of this Act and any rules made thereunder to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the time, place and the rules of procedure in regard to transaction of business at the meetings and quorum of the Governing Board under sub-section (1) of section 6; (b) the time, place and the rules of procedure in regard to transaction of business at the meetings and quorum of Executive Council under sub-section (1) of section 8; (c) the requirements for registration, form and manner for making applications for financial assistance, reports and certification to be furnished for the financial assistance, extension of financial assistance and grounds for revocation of financial assistance under clause (b) of section 10; (d) the eligibility criteria and honorarium payable to the consultants and visiting scientists under sub-section (6) of section 11; (e) the form, manner and time for furnishing certification and report to the Foundation under subsection (1) of section 18; and (f) any other matter which is required to be or may be specified by regulations or in respect of which provision is to be made by regulations. **25. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **26. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, on the recommendations of the Foundation, by an order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may appear to it to be necessary or expedient for removing such difficulty: Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 10 ----- **27. Repeal and savings.—(1) The Science and Engineering Research Board Act, 2008 (9 of 2009) is** hereby repealed and the Science and Engineering Research Board constituted under section 3 of the said Act (hereinafter referred to as the repealed Act) shall stand dissolved. (2) The repeal of the Science and Engineering Research Board Act, 2008 (9 of 2009) shall, however, not affect:— (a) any action taken pursuant to sub-section (3) of section 13; (b) previous operation or anything duly done under the repealed Act; (c) any right, privilege, obligation or liability acquired or accrued or incurred under the repealed Act; and (d) any proceeding pending or ongoing under the repealed Act. (3) On the dissolution of the Science and Engineering Research Board— (a) all assets, liabilities and other facilities forming part of or used in connection with the Science and Engineering Research Board, shall be deemed to be the assets of the Foundation; and (b) any officer or employee who has been, immediately before the dissolution of the Science and Engineering Research Board, employed on regular basis by the Science and Engineering Research Board, shall become, on and from such dissolution, the officer and employee, respectively, of the Foundation in such manner as may be notified by the Central Government, with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to the Science and Engineering Research Board had not been transferred to, and vested in, the Foundation, and shall continue to do so unless and until his employment in the Foundation, is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Foundation: Provided that notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, the transfer of the services of any officer or other employee, employed in the Science and Engineering Research Board, to the Foundation shall not entitle such officer or other employee, any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority: Provided further that where the Science and Engineering Research Board has established a provident fund, superannuation, welfare or other fund for the benefit of officers and other employees employed in the Science and Engineering Research Board, the monies relatable to the officers and other employees whose services have been transferred by or under this Act to the Foundation shall, out of the monies standing, on the dissolution of the Science and Engineering Research Board, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vest in, the Foundation, and such monies which stand so transferred shall be dealt with by the said Foundation, in such manner as may be prescribed. (4) The mention of the particular matters referred to in sub-section (3) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal. ________ 11 -----

15-Aug-2023

28

The Inter-Services Organisations (Command, Control and Discipline) Act, 2023

https://www.indiacode.nic.in/bitstream/123456789/19976/1/a2023-28.pdf

central

# THE INTER-SERVICES ORGANISATIONS (COMMAND, CONTROL AND DISCIPLINE) ACT, 2023 _____________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY # SECTIONS 1. Short title and commencement. 2. Application of Act. 3. Definitions. CHAPTER II SPECIAL PROVISION FOR CERTAIN FORCES 4. Special provision for certain forces under Central Government. CHAPTER III CONSTITUTION OF INTER-SERVICES ORGANISATION AND ITS OFFICERS 5. Constitution of Inter- services Organisation or Joint Services Command. 6. Existing Inter-services Organisations and Commander-in-Chief or Officer-in-Command to continue. 7. Powers of Commander- in-Chief or Officer-in-Command. 8. Commanding Officer. 9. Superintendence of Central Government. 10. Power to declare persons to be on active service. CHAPTER IV MISCELLANEOUS 11. Power to make rules. 12. Overriding effect of this Act. 13. Protection of action taken in good faith. 14. Power to remove difficulties. 15. Laying of rules before Parliament. 1 ----- # THE INTER-SERVICES ORGANISATIONS (COMMAND, CONTROL AND DISCIPLINE) ACT, 2023 ACT NO. 28 OF 2023 [15th August, 2023.] An Act to empower the Commander-in-Chief or the Officer-in-Command of Inter-services Organisations in respect of service personnel who are subject to the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957, who are serving under or attached to his command, for the maintenance of discipline and proper discharge of their duties, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Inter-services Organisations** (Command, Control and Discipline) Act, 2023. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Application of Act.—The provisions of this Act shall apply to all persons who are subject to the Air** Force Act, 1950, (45 of 1950), the Army Act, 1950 (46 of 1950) and the Navy Act, 1957 (62 of 1957), and to persons of such other forces as the Central Government may specify, by notification, under section 4, who are serving in or attached to an Inter-services Organisation. **3. Definitions.—(1) In this Act, unless the context otherwise requires,-** (a) “Air Officer” means any officer of the Air Force above the rank of group captain; (b) “Chief of Defence Staff” means an officer of the regular Army, or the Indian Navy, or the Air Force, as the case may be, appointed as such by the Central Government; (c) “Commander-in-Chief” means a General Officer of the regular Army, or a Flag Officer of the Indian Navy, or an Air Officer of the Air Force, appointed as Commander-in-Chief of a Joint Services Command, and in his absence, the officer on whom the command devolves; (d) “Commanding Officer” means the officer in actual command of the unit, ship or establishment and includes an officer appointed as such by the Commander-in-Chief or the Officer-in-Command, as the case may be, of an Inter-services Organisation; (e) “Flag Officer” means an officer of the rank of Admiral of the Fleet, Admiral, Vice-Admiral or Rear-Admiral; (f) “General Officer” means an officer of the regular Army above the rank of Brigadier; (g) “Inter-services Organisation” means a body of troops including a Joint Services Command consisting of persons, subject to the Air Force Act, 1950, (45 of 1950), the Army Act, 1950 (46 of 1950)and the Navy Act, 1957 (62 of 1957) or any two of the said Acts; (h) “notification” means a notification published in the Official Gazette; 1. 10[th] May, 2024, Vide notification No. S.R.O. 13(E), dated 08[th] May, 2024, see Gazette of India, Part II, sec. 4. 2 ----- (i) “officer”, in relation to an Inter-services Organisation, means an officer as defined in [clause (xxiii) of section 4 of the Air Force Act, 1950, (45 of 1950), or clause (xviii) of section 3 of the](javascript:fnOpenLinkPopUp('1236','48930');) [Army Act, 1950 (46 of 1950), or clause (16) of section 3 of the Navy Act, 1957, (62 of 1957) as the](javascript:fnOpenLinkPopUp('1835','71088');) case may be; (j) “Officer-in-Command” of an Inter-services Organisation means either a General Officer of the regular Army, or a Flag Officer of the Indian Navy, or an Air Officer of the Air Force, appointed as the Officer-in-Command of an Inter-services Organisation, other than Joint Services Command, and in his absence, the officer on whom the command devolves; (k) “regulations” means the regulations made under the respective Service Acts; (l) “rules” means the rules made under this Act and under the respective Service Acts, as the case may be; (m) “Service Acts” means the Air Force Act, 1950, (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957) or any two of the said Acts or all the said Acts; and (n) “service personnel” means persons who are subject to any of the Service Acts. (2) Words and expressions used herein and not defined but defined in the Air Force Act, 1950, (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957)shall have the meanings, respectively, assigned to them under the said Acts. CHAPTER II SPECIAL PROVISION FOR CERTAIN FORCES **4. Special provision for certain forces under Central Government.—(1) The Central Government** may, by notification, specify any force or any part thereof, raised and maintained in India under the authority of the said Government, to which all or any of the provisions of this Act shall, with or without modifications, apply and accordingly all the officers referred to in clause (i) of sub-section (1) of section 3 shall be deemed to be officers within the meaning of the respective Acts relating to the said forces. (2) Upon issuance of a notification under sub-section (1), the authority to exercise all the disciplinary and administrative powers under the respective Acts governing such force or any part thereof including the powers conferred by warrants or commissions issued under such Acts governing that force or any part thereof, shall vest in the Commander-in-Chief or the Officer-in-Command, as the case may be, of the Interservices Organisation. (3) Where any of the provisions of this Act applies to a force or any part thereof as referred to in sub-section (2), the Central Government may, by notification, direct that by what authority or which officer, the jurisdiction, powers or duties incidental to the operation of the provisions of this Act shall be exercised or performed in respect of that force or any part thereof. CHAPTER III CONSTITUTION OF INTER-SERVICES ORGANISATION AND ITS OFFICERS **5. Constitution of Inter-services Organisation or Joint Services Command.—(1) The Central** Government may, by notification, constitute an Inter-services Organisation, which may include a Joint Services Command, comprising of units or service personnel who are subject to any of the Service Acts, as may be placed under the command of the Commander-in-Chief or, as the case may be, the Officer-inCommand. (2) The Central Government may, by an order published in the Official Gazette, direct that any power exercisable by the Commander-in-Chief or, as the case may be, the Officer-in-Command may also be exercisable by any other officer specially empowered in this behalf by the said Government. 3 ----- **6. Existing Inter-services Organisations and Commander-in-Chief or Officer-in-Command to** **continue.—(1) Notwithstanding anything contained in this Act,—** (a) the Inter-services Organisations constituted by the Central Government and functioning as such immediately before the date of commencement of this Act, shall be deemed to have been constituted under the provisions of this Act; (b) the Commander-in-Chief or, as the case may be, the Officer-in-Command of an Inter-services Organisation, who has been appointed and functioning as such immediately before the date of commencement of this Act, shall be deemed to have been appointed under the provisions of this Act. (2) Nothing contained in this Act shall render invalid any action taken or acts performed, immediately before the commencement of this Act, by the Inter-services Organisation, or by the Commander-in-Chief or by the Officer-in-Command, as the case may be, of an Inter-services Organisation, while functioning as such under any law applicable at that time. **7. Powers of Commander- in-Chief or Officer-in-Command.—(1) The Commander-in-Chief or, as** the case may be, Officer-in-Command of an Inter-services Organisation, shall be the head of such Interservices Organisation and shall exercise command and control over the personnel serving in or attached to that Inter-services Organisation, for the purpose of maintenance of discipline and proper discharge of their duties. (2) For the purposes of sub-section (1), the Commander-in-Chief or, as the case may be, the Officer in-Command of an Inter-services Organisation shall be competent to exercise all the disciplinary and administrative powers vested in and exercised by— (a) the General Officer Commanding the Army; (b) the Flag Officer Commanding-in-Chief of a Naval Command; (c) the Air Officer Commanding-in-Chief of an Air Command; (d) any other officer or authority specified in the Service Acts or in the rules and regulations made thereunder, including the powers conferred by warrants or commissions issued under the provisions of such Service Acts; and (e) any other officer or authority as may be specified in the notification issued under section 4. **8. Commanding Officer.—The Commanding Officer of an Inter-services Organisation shall, in** addition to having command over any unit, ship or establishment, also perform such duties as may be assigned to him in respect of such Inter-services Organisation by its Commander-in-Chief or, as the case may be, the Officer-in-Command and shall be empowered to initiate all disciplinary or administrative actions over the personnel appointed, deputed, posted or attached to that Inter-services Organisation. **9. Superintendence of Central Government.—The superintendence of the Inter-services** Organisation shall vest in the Central Government, which shall have the power to issue directions to each of such organisations, on any matters concerning national security or general administration, if it considers necessary and expedient so to do in the public interest. **10. Power to declare persons to be on active service.—Notwithstanding anything contained in the** Service Acts, the Central Government may, by notification, declare that any service personnel or class of service personnel to whom the Service Acts apply shall, with reference to any Inter-services Organisation in which he or they may be serving in or attached to or with reference to any provision of this Act, be deemed to be on active service within the meaning of this Act and the Service Acts. 4 ----- CHAPTER IV MISCELLANEOUS **11. Power to make rules.—The Central Government may make rules for the purposes of carrying out** the provisions of this Act. **12. Overriding effect of this Act.—The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. **13. Protection of action taken in good faith.—No suit, prosecution or any other legal proceeding shall** lie against any person for anything which is in good faith done or intended to be done under this Act. **14. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **15. Laying of rules before Parliament.—Every rule made by the Central Government under this Act** shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. _________ 5 -----

14-Sep-2023

32

The Mediation Act, 2023

https://www.indiacode.nic.in/bitstream/123456789/19637/1/A2023-32.pdf

central

## THE MEDIATION ACT, 2023 ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS. 1. Short title, extent and commencement. CHAPTER II APPLICATION 2. Application. 3. Definitions. CHAPTER III MEDIATION 4. Mediation agreement. 5. Pre-litigation mediation. 6. Disputes or matters not fit for mediation. 7. Power of court or tribunal to refer parties to mediation. CHAPTER IV MEDIATORS 8. Appointment of mediators. 9. Preference of parties. 10. Conflict of interest and disclosure. 11. Termination of mandate of mediator. 12. Replacement of mediator. CHAPTER V MEDIATION PROCEEDINGS 13. Territorial jurisdiction to undertake mediation. 14. Commencement of mediation. 15. Conduct of mediation. 16. Role of mediator. 17. Role of mediator in other proceedings. 18. Time-limit for completion of mediation. 19. Mediated settlement agreement. 1 ----- ## SECTIONS. 20. Registration of mediated settlement agreement. 21. Non-settlement report. 22. Confidentiality. 23. Admissibility and privilege against disclosure. 24. Termination of mediation. 25. Cost of mediation. 26. Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected. CHAPTER VI ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENT 27. Enforcement of mediated settlement agreement. 28. Challenge to mediated settlement agreement. 29. Limitation. CHAPTER VII ONLINE MEDIATION 30. Online mediation. CHAPTER VIII MEDIATION COUNCIL OF INDIA 31. Establishment and incorporation of Mediation Council. 32. Composition of Council. 33. Vacancies, etc., not to invalidate proceedings of Council. 34. Resignation. 35. Removal. 36. Appointment of experts and constitution of Committees. 37. Secretariat and Chief Executive Officer of Council. 38. Duties and functions of Council. 39. Monitoring and reporting. CHAPTER IX MEDIATION SERVICE PROVIDERS AND MEDIATION INSTITUTES 40. Mediation service provider. 41. Functions of mediation service providers. 42. Mediation institutes. CHAPTER X COMMUNITY MEDIATION 43. Community mediation. 44. Procedure for community mediation. 2 ----- CHAPTER XI MISCELLANEOUS ## SECTIONS. 45. Mediation Fund. 46. Accounts and audit. 47. Power of Central Government to issue directions. 48. Power to frame schemes or guidelines. 49. Mediated settlement agreement where Government or its, agency, etc., is a party. 50. Protection of action taken in good faith. 51. Power to make rules. 52. Power to make regulations. 53. Laying. 54. Power to remove difficulties. 55. Provisions of Act to have overriding effect on mediation or conciliation contained in other laws. 56. Act not to apply to pending proceedings. 57. Transitory provision. 58. Amendment of Act 9 of 1872. 59. Amendment of Act 5 of 1908. 60. Amendment of 39 of 1987. 61. Amendment of 26 of 1996. 62. Amendment of 27 of 2006. 63. Amendment of 18 of 2013. 64. Amendment of 4 of 2016. 65. Amendment of 35 of 2019. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE . THE FOURTH SCHEDULE. THE FIFTH SCHEDULE. THE SIXTH SCHEDULE. THE SEVENTH SCHEDULE. THE EIGHTH SCHEDULE. THE NINTH SCHEDULE. THE TENTH SCHEDULE. 3 ----- ## THE MEDIATION ACT, 2023 # [ACT NO. 32 OF 2023] [14th September, 2023.] ## An Act to promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide for a body for registration of mediators, to encourage community mediation and to make online mediation as acceptable and cost effective process and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:–– CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Mediation Act, 2023.** (2) It shall extend to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. CHAPTER II APPLICATION **2. Application.—This Act shall apply where mediation is conducted in India, and––** (i) all or both parties habitually reside in or are incorporated in or have their place of business in India; or (ii) the mediation agreement provides that any dispute shall be resolved in accordance with the provisions of this Act; or (iii) there is an international mediation; or (iv) wherein one of the parties to the dispute is the Central Government or a State Government or agencies, public bodies, corporations and local bodies, including entities controlled or owned by such Government and where the matter pertains to a commercial dispute; or (v) to any other kind of dispute if deemed appropriate and notified by the Central Government or a State Government from time to time, for resolution through mediation under this Act, wherein such Governments, or agencies, public bodies, corporations and local bodies including entities controlled or owned by them, is a party. **3.** **Definitions.—In this Act, unless the context otherwise requires, ––** (a) “commercial dispute” means a dispute defined in clause (c) of sub-section (1) of section 2 of the Commercial Courts Act, 2015 (4 of 2016); 1. 9[th] day of October, 2023, vide notification No. S.O. 4384(E), for Ss.1, 3, 26, Ss.31 to 38 (both inclusive), Ss. 45 to 47 (both inclusive), Ss. 50 to 54 (both inclusive), and Ss.56 to 57 (both inclusive), dated 9[th] October, 2023 see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4 ----- (b) “community mediator” means a mediator for the purposes of conduct of community mediation under Chapter X; (c) “Council” means the Mediation Council of India established under section 31; (d) “court” means the competent court in India having pecuniary and territorial jurisdiction and having jurisdiction to decide the disputes forming the subject matter of mediation, if the same had been the subject matter of a suit or proceeding; (e) “court-annexed mediation” means mediation including pre-litigation mediation conducted at the mediation centres established by any court or tribunal; (f) “institutional mediation” means mediation conducted under the aegis of a mediation service provider; (g) “international mediation” means mediation undertaken under this Act and relates to a commercial dispute arising out of a legal relationship, contractual or otherwise, under any law for the time being in force in India, and where at least one of the parties, is.— (i) an individual who is a national of, or habitually resides in, any country other than India; or (ii) a body corporate including a Limited Liability Partnership of any nature, with its place of business outside India; or (iii) an association or body of individuals whose place of business is outside India; or (iv) the Government of a foreign country; (h) “mediation” includes a process, whether referred to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or an expression of similar import, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as mediator, who does not have the authority to impose a settlement upon the parties to the dispute; (i) “mediator” means a person who is appointed to be a mediator, by the parties or by a mediation service provider, to undertake mediation, and includes a person registered as mediator with the Council. _Explanation.—Where more than one mediator is appointed for a mediation, reference to a mediator_ under this Act shall be a reference to all the mediators; (j) “mediation agreement” means a mediation agreement referred to in sub-section (1) of section 4; (k) “mediation communication” means communication made, whether in electronic form or otherwise, through— (i) anything said or done; (ii) any document; or (iii) any information provided, for the purposes of, or in relation to, or in the course of mediation, and includes a mediation agreement or a mediated settlement agreement; (l) “mediation institute” means a body or organisation that provides training, continuous education and certification of mediators and carries out such other functions under this Act; (m) “mediation service provider” means a mediation service provider referred to in sub-section (1) of section 40; (n) “mediated settlement agreement” means mediated settlement agreement referred to in sub-section (1) of section 19; (o) “Member” means a Full-Time or Part-Time Member of the Council and includes the Chairperson; 5 ----- (p) “notification” means notification published in the Official Gazette and the expression ‘‘notified’’ with its cognate meanings and grammatical variations shall be construed accordingly; (q) “online mediation” means online mediation referred to in section 30; (r) “participants” means persons other than the parties who participate in the mediation and includes advisers, advocates, consultants and any technical experts and observers; (s) “party” means a party to a mediation agreement or mediation proceeding whose agreement or consent is necessary to resolve the dispute and includes their successors; (t) “place of business” includes— (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a party stores it's goods, supplies or receives goods or services or both; or (b) a place where a party maintains its books of account; or (c) a place where a party is engaged in business through an agent, by whatever name called; (u) “pre-litigation mediation” means a process of undertaking mediation, as provided under section 5, for settlement of disputes prior to the filing of a suit or proceeding of civil or commercial nature in respect thereof, before a court or notified tribunal under sub-section (2) of section 5; (v) “prescribed” means prescribed by rules made by the Central Government under this Act; (w) “Schedule” means the Schedule annexed to this Act; (x) “secure electronic signature” with reference to online mediation means, electronic signatures referred to in section 15 of the Information Technology Act, 2000 (21 of 2000); and (y) “specified” means specified by regulations made by the Council under this Act. CHAPTER III MEDIATION **4. Mediation agreement.—(1) A mediation agreement shall be in writing, by or between parties** and anyone claiming through them, to submit to mediation all or certain disputes which have arisen or which may arise between the parties. (2) A mediation agreement may be in the form of a mediation clause in a contract or in the form of a separate agreement. (3) A mediation agreement is in writing, if it is contained in or recorded as— (a) any document signed by the parties; (b) an exchange of communications or letters including through electronic form as provided under the Information Technology Act, 2000 (21 of 2000); (c) any pleadings in a suit or any other proceedings in which existence of mediation agreement is alleged by one party and not denied by the other. (4) A reference in any agreement containing a mediation clause shall constitute a mediation agreement if the agreement is in writing and the reference is such as to make the mediation clause as part of the agreement. (5) The parties may agree to submit to mediation any dispute arising between them under an agreement, whether entered prior to arising of the dispute or subsequent thereto. (6) A mediation agreement in case of international mediation shall refer to an agreement for resolution in matters of commercial disputes referred to in clause (a) of section 3. **5. Pre-litigation mediation.—(1) Subject to other provisions of this Act, whether any mediation** agreement exists or not, the parties before filing any suit or proceedings of civil or commercial nature 6 ----- in any court, may voluntarily and with mutual consent take steps to settle the disputes by pre-litigation mediation in accordance with the provisions of this Act: Provided that pre-litigation mediation in matters of commercial disputes of Specified Value shall be undertaken in accordance with the provisions of section 12A of the Commercial Courts Act, 2015 (4 of 2016), and the rules made thereunder. (2) The provisions of sub-section (1) shall be applicable to the tribunals notified by the Central Government or a State Government, as the case may be. (3) For the purposes of sub-sections (1) and (2), unless otherwise agreed upon by the parties, a mediator,— (i) registered with the Council; or (ii) empanelled by a court-annexed mediation centre; or (iii) empanelled by an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987); or (iv) empanelled by a mediation service provider recognised under this Act, shall conduct pre-litigation mediation. (4) For conducting pre-litigation mediation under clauses (ii) and (iii) of sub-section (3), a party may request any person designated for this purpose by the High Courts, or an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987), as the case may be. (5) The court-annexed mediation centre and an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987), shall maintain a panel of mediators for the purposes of pre-litigation mediation. (6) Notwithstanding anything contained in sub-sections (1) and (2) and the Motor Vehicles Act, 1988 (59 of 1988), when an application for compensation arising out of an accident is made before the Claims Tribunal, if the settlement as provided for in section 149 of that Act is not arrived at between the parties, the Claims Tribunal shall refer the parties for mediation to a mediator or mediation service provider under this Act. (7) Where the parties arrive at a settlement agreement under sub-section (6), it shall be placed before the Claims Tribunal for its consideration. (8) If the parties do not reach to settlement agreement under sub-section (6), a non-settlement report prepared by the mediator shall be forwarded to the Claims Tribunal, which has referred the matter for mediation, for adjudication. **6.** **Disputes or matters not fit for mediation.—(1) A mediation under this Act shall not be** conducted for resolution of any dispute or matter contained in the indicative list under the First Schedule: Provided that nothing contained herein shall prevent any court, if deemed appropriate, from referring any dispute relating to compoundable offences including the matrimonial offences which are compoundable and pending between the parties, to mediation: Provided further that the outcome of such mediation shall not be deemed to be a judgment or decree of court referred to in sub-section (2) of section 27, and shall be further considered by the court in accordance with the law for the time being in force. (2) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the First Schedule. **7. Power of court or tribunal to refer parties to mediation.—(1) Notwithstanding the non-** settlement of dispute under sub-section (1) of section 5, the court or tribunal may, at any stage of proceeding, refer the parties to undertake mediation. (2) If the court or tribunal refers the parties to undertake mediation, it may pass suitable interim order to protect the interest of any party if deemed appropriate. 7 ----- (3) The parties shall not be under obligation to come to a settlement in the mediation pursuant to a reference under sub-section (1). CHAPTER IV MEDIATORS **8. Appointment of mediators.—(1) Unless otherwise agreed upon by the parties, a person of any** nationality may be appointed as a mediator: Provided that mediator of any foreign nationality shall possess such qualification, experience and accreditation as may be specified. (2) The parties shall be free to agree upon the name of mediator and the procedure for their appointment. (3) If the parties do not reach any agreement on a matter referred to in sub-section (2), then the party seeking initiation of mediation shall make an application to a mediation service provider for the appointment of a mediator. (4) Upon receiving an application under sub-section (3), the mediation service provider shall, within a period of seven days, appoint, — (i) the mediator as agreed by the parties; or (ii) in case the parties are unable to reach agreement as to the appointment of mediator or mediator agreed by them refuses to act as mediator, a mediator from the panel maintained by it, with his consent. (5) The person appointed under clause (i) of sub-section (4) shall communicate his willingness or otherwise within a period of seven days from the date of receipt of communication of such appointment. **9. Preference of parties.—The mediation service provider shall, while appointing any person from** the panel of mediators maintained by it, consider his suitability and the preference of the parties for resolving the dispute. **10.** **Conflict of interest and disclosure.—(1) The person appointed as a mediator shall, prior to the** conduct of mediation, disclose in writing to the parties regarding any circumstance or potential circumstance, personal, professional, financial, or otherwise, that may constitute any conflict of interest or that is likely to give rise to justifiable doubts as to his independence or impartiality as a mediator. (2) During the mediation, the mediator shall, without delay, disclose to the parties in writing any conflict of interest, referred to in sub-section (1), that has newly arisen or has come to his knowledge. (3) Upon disclosure under sub-section (1) or sub-section (2), the parties shall have the option to waive any objection if all of them express in writing, which shall be construed as the consent of parties. (4) Upon disclosure under sub-section (1) or sub-section (2), if either party desires to replace the mediator, then, in case of— (i) institutional mediation, such party shall apply to the mediation service provider for termination of the mandate of mediator; (ii) mediation other than institutional mediation, such party shall terminate the mandate of mediator. **11. Termination of mandate of mediator.—A mediation service provider may terminate the** mandate of a mediator upon— (i) the receipt of application from a party under clause (i) of sub-section (4) of section 10; or (ii) the receipt of information about the mediator being involved in a matter of conflict of interest from participants or any other person; or 8 ----- (iii) his withdrawal from mediation for any reason: Provided that termination under clause (ii) shall be effected if, after giving a hearing to the mediator, mediation service provider finds that there is justifiable doubt as to the independence or impartiality of the mediator and that the same has been brought to the notice of parties and that either party desires to replace the mediator. **12. Replacement of mediator.—Upon termination of the mandate of mediator—** (i) in case of mediation other than institutional mediation under clause (ii) of sub-section (4) of section 10, the parties may, appoint another mediator within a period of seven days from such termination; and (ii) under section 11, the mediation service provider shall appoint another mediator from the panel maintained by it within a period of seven days from such termination. CHAPTER V MEDIATION PROCEEDINGS **13.Territorial jurisdiction to undertake mediation.—Every mediation under this Act shall be** undertaken within the territorial jurisdiction of the court or tribunal of competent jurisdiction to decide the subject matter of dispute: Provided that on the mutual consent of the parties, mediation may be conducted at any place outside the territorial jurisdiction of the court or tribunal, or by way of online mediation. _Explanation.— For the removal of doubts, it is clarified that where the parties agree to conduct the_ mediation at any place outside the territorial jurisdiction or online, for the purpose of enforcement, challenge and registration of the mediated settlement agreement, the same shall be deemed to have been undertaken within the territorial jurisdiction of the court or tribunal of competent jurisdiction. **14. Commencement of mediation.—The mediation proceedings with respect to a particular** dispute shall be deemed to have commenced— (a) where there is an existing agreement between the parties to settle the dispute through mediation, the date on which a party or parties receives notice from the party initiating the mediation, to refer such dispute to mediation; or (b) in other cases— (i) where the parties have agreed to appoint a mediator of their choice for mediation and settlement of disputes between them on the date the mediator provides his consent to appointment; or (ii) where one of the parties applies to a mediation service provider for settlement of disputes through mediation, the date of appointment of a mediator. **15. Conduct of mediation.—(1) The mediation process shall be conducted in the manner as may** be specified. (2) The mediator shall assist the parties in an independent, neutral and impartial manner in their attempt to reach an amicable settlement of their dispute. (3) The mediator shall at all times be guided by the principles of objectivity and fairness and protect the voluntariness, confidentiality and self-determination of the parties, and the standards for professional and ethical conduct as may be specified. (4) The mediation process may include the mediator taking such measures as may be considered appropriate, taking into account the circumstances of the case, including meeting with parties or participants, jointly or separately, as frequently as deemed fit by the mediator, both in order to convene the mediation, and during the mediation for the orderly and timely conduct of the process and to maintain its integrity. (5) The mediator shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908), or the Indian Evidence Act, 1872 (1 of 1872). 9 ----- (6) The mediator with the consent of the parties shall determine the language or languages to be used in the mediation process. **16. Role of mediator.—(1) The mediator shall attempt to facilitate voluntary resolution of the** dispute by the parties and communicate the view of each party to the other to the extent agreed to by them, assist them in identifying issues, advancing better understanding, clarifying priorities, exploring areas of the responsibility of the parties to take decision regarding their claims. (2) The parties shall be informed expressly by the mediator that he only facilitates in arriving at a decision to resolve a dispute and that he shall not impose any settlement nor give any assurance that the mediation may result in a settlement. **17. Role of mediator in other proceedings.—The mediator shall not—** (a) act as an arbitrator or as a representative or counsel of a party in any arbitral or judicial proceeding in respect of a dispute that is the subject matter of the mediation proceedings; (b) be presented by the parties as a witness in any arbitral or judicial proceeding. **18. Time-limit for completion of mediation.—(1) Notwithstanding anything contained in any** other law for the time being in force, mediation under this Act shall be completed within a period of one hundred and twenty days from the date fixed for the first appearance before the mediator. (2) The period for mediation mentioned under sub-section (1) may be extended for a further period as agreed by the parties, but not exceeding sixty days. **19.** **Mediated settlement agreement.—(1) A mediated settlement agreement includes an** agreement in writing between some or all of the parties resulting from mediation, settling some or all of the disputes between such parties, and authenticated by the mediator: Provided that the terms of the mediated settlement agreement may extend beyond the disputes referred to mediation. _Explanation.— A mediated settlement agreement which is void under the Indian Contract Act,_ 1872 (9 of 1872), shall not be deemed to be lawful settlement agreement within the meaning of mediated settlement agreement. (2) Where a mediated settlement agreement is reached between the parties with regard to all or some of the disputes, the same shall be reduced in to writing and signed by the parties. (3) Subject to the provisions of section 26, the mediated settlement agreement signed,— (i) in case of institutional mediation, shall be submitted to the mediator, who shall, after authenticating the same, forward it with a covering letter signed by him, to the mediation service provider and also provide a copy to the parties; (ii) in all other cases, shall be submitted to the mediator who shall, after authenticating the mediated settlement agreement, provide a copy to all the parties. (4) The parties, may, at any time during the mediation process, make an agreement with respect to any of the disputes which is the subject matter of mediation. (5) Any mediated settlement agreement under this section includes a settlement agreement resulting from online mediation. **20. Registration of mediated settlement agreement.—(1) For the purposes of record, mediated** settlement agreement arrived at between the parties, other than those arrived in a court or tribunal referred mediation or award of Lok Adalat or final award of the Permanent Lok Adalat under section 21 or section 22E of the Legal Services Authorities Act, 1987 (39 of 1987), may, at the option of parties, be registered with an Authority constituted under the said Act, or any other body as may be notified by the Central Government, in such manner as may be specified and such Authority or body shall issue a unique registration number to such settlement agreements: 10 ----- Provided that the mediated settlement agreement under this section may be registered with such Authority or the body situated within the territorial jurisdiction of the court or tribunal of competent jurisdiction to decide the subject matter of dispute. _Explanation.—For the removal of doubts, it is clarified that nothing contained in this sub-section_ shall affect the rights of parties to enforce the mediated settlement agreement under section 27 or challenge the same under section 28. (2) The registration referred to in sub-section (1) may be made by the parties or mediation service provider within a period of one hundred and eighty days from the date of receipt of authenticated copy of mediated settlement agreement: Provided that mediated settlement agreement may be allowed to be registered after the expiry of period of one hundred and eighty days on payment of such fee as may be specified in consultation with the Authority or any other body referred to in sub-section (1). **21. Non-settlement report.—Subject to the provisions of section 26, where no agreement is** arrived at between the parties, within the time period as provided under section 18, or where, the mediator is of the view that no settlement is possible, he shall, — (i) in the case of institutional mediation, submit a non-settlement report to the mediation service provider in writing; (ii) in all other cases, prepare a non-settlement report and provide a signed copy to all the parties: Provided that the report referred to in this section shall not disclose the cause of non- settlement, or any other matter or thing referring to their conduct, during mediation. **22.** **Confidentiality.—(1) Subject to the other provisions of this Act, the mediator, mediation** service provider, the parties and participants in the mediation shall keep confidential all the following matters relating to the mediation proceedings, namely: — (i) acknowledgements, opinions, suggestions, promises, proposals, apologies and admissions made during the mediation; (ii) acceptance of, or willingness to, accept proposals made or exchanged in the mediation; (iii) documents prepared solely for the conduct of mediation or in relation thereto; (iv) any other mediation communication. (2) No audio or video recording of the mediation proceedings shall be made or maintained by the parties or the participants including the mediator and mediation service provider, whether conducted in person or online to ensure confidentiality of the conduct of mediation proceedings. (3) No party to the mediation shall in any proceeding before a court or tribunal including arbitral tribunal, rely on or introduce as evidence any information or communication set forth in clauses (i) to (iv) of sub-section (1), including any information in electronic form, or verbal communication and the court or tribunal including arbitral tribunal shall not take cognizance of such information or evidence. (4) The provisions of this section shall not prevent the mediator from compiling or disclosing general information concerning matters that have been subject of mediation, for research, reporting or training purposes, if the information does not expressly or indirectly identify a party or participants or the specific disputes in the mediation. _Explanation.—For the removal of doubts, it is hereby clarified that nothing contained in this_ section shall apply to the mediated settlement agreement where its disclosure is necessary for the purpose of registration, enforcement and challenge. **23. Admissibility and privilege against disclosure.—(1) No mediator or participant in the** mediation, including experts and advisers engaged for the purpose of the mediation and persons involved in the administration of the mediation, shall at any time be permitted, or compelled to disclose to any court or tribunal, or in any adjudicatory proceedings, by whatever description, any communication in mediation, or to state the contents or conditions of any document or nature or 11 ----- conduct of parties during mediation including the content of negotiations or offers or counter offers with which they have become acquainted during the mediation: Provided that nothing in this section and section 22 shall protect from disclosure, information sought or provided to prove or dispute a claim or complaint of professional misconduct of mediator or malpractice based on conduct occurring during the mediation. (2) There shall be no privilege or confidentiality that will attach to— (a) a threat or statement of a plan to commit an offence punishable under any law for the time being in force; (b) information relating to domestic violence or child abuse; and (c) statements made during a mediation showing a significant imminent threat to public health or safety. **24.** **Termination of mediation.—The mediation proceedings under this Act shall be deemed to** terminate— (a) on the date of signing and authentication of the mediated settlement agreement; or (b) on the date of the written declaration of the mediator, after consultation with the parties or otherwise, to the effect that further efforts at mediation are no longer justified; or (c) on the date of the communication by a party or parties in writing, addressed to the mediator and the other parties to the effect that the party wishes to opt out of mediation; (d) on the expiry of time limit under section 18. **25. Cost of mediation.—(1) The cost of mediation, other than community mediation shall be** such as may be specified. (2) Unless otherwise agreed by the parties, all costs of mediation, including the fees of the mediator and the charges of the mediation service provider shall be borne equally by the parties. **26. Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected.—The** provisions of this Act shall not apply to the proceedings conducted by Lok Adalat and Permanent Lok Adalat under the Legal Services Authorities Act, 1987 (39 of 1987). CHAPTER VI ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENT **27. Enforcement of mediated settlement agreement.—(1) A mediated settlement agreement** resulting from a mediation signed by the parties and authenticated by the mediator shall be final and binding on the parties and persons claiming under them respectively and enforceable as per the provisions of sub-section (2). (2) Subject to the provisions of section 28, the mediated settlement agreement shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a judgment or decree passed by a court, and may, accordingly, be relied on by any of the parties or persons claiming through them, by way of defence, set off or otherwise in any legal proceeding. **28.** **Challenge to mediated settlement agreement.—(1) Notwithstanding anything contained in** any other law for the time being in force, in any case in which the mediated settlement agreement is arrived at between the parties and is sought to be challenged by either of the parties, such party may file an application before the court or tribunal of competent jurisdiction. (2) A mediated settlement agreement may be challenged only on all or any of the following grounds, namely:— (i) fraud; (ii) corruption; 12 ----- (iii) impersonation; (iv) where the mediation was conducted in disputes or matters not fit for mediation under section 6. (3) An application for challenging the mediated settlement agreement shall not be made after ninety days have elapsed from the date on which the party making that application has received the copy of mediated settlement agreement under sub-section (3) of section 19: Provided that if the court or tribunal, as the case may be, is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of ninety days, it may entertain the application within a further period of ninety days. **29. Limitation.—Notwithstanding anything contained in the Limitation Act, 1963 (36 of 1963) or** in any other law for the time being in force, in computing the period of limitation fixed for any proceeding relating to disputes in respect of which a mediation has been undertaken under this Act, the period from the date of commencement of mediation under section 14, and up to,— (i) submission of report under section 21; or (ii) termination of mediation under section 24, shall be excluded. CHAPTER VII ONLINE MEDIATION **30. Online mediation.—(1) Online mediation including pre-litigation mediation may be conducted** at any stage of mediation under this Act, with the written consent of the parties including by the use of electronic form or computer networks but not limited to an encrypted electronic mail service, secure chat rooms or conferencing by video or audio mode or both. (2) The process of online mediation shall be in such manner as may be specified. (3) The conduct of online mediation shall be in the circumstances, which ensure that the essential elements of integrity of proceedings and confidentiality are maintained at all times and the mediator may take such appropriate steps in this regard as he deems fit. (4) Subject to the other provisions of this Act, the mediation communications in the case of online mediation shall, ensure confidentiality of mediation. CHAPTER VIII MEDIATION COUNCIL OF INDIA **31. Establishment and incorporation of Mediation Council.—(1) The Central Government** shall, by notification, establish for the purposes of this Act, a Council to be known as the Mediation Council of India to perform the duties and discharge the functions under this Act. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued. (3) The head office of the Council shall be at Delhi or at such other place as may be notified by the Central Government. (4) The Council may, in consultation with the Central Government, establish offices at other places in India and abroad. **32. Composition of Council.—(1) The Council shall consist of the following members,** ## namely:— (a) a person of ability, integrity and standing having adequate knowledge and professional experience or shown capacity in dealing with problems relating to law, alternative dispute resolution preferably mediation, public affairs or administration to be appointed by the Central Government— Chairperson; 13 ----- (b) a person having knowledge and experience in law related to mediation or alternative dispute resolution mechanisms, to be appointed by the Central Government—Member; (c) an eminent person having experience in research or teaching in the field of mediation and alternative dispute resolution laws, to be appointed by the Central Government—Member; (d) Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice or his representative not below the rank of Joint Secretary—Member, ex officio; (e) Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his representative not below the rank of Joint Secretary—Member, ex officio; (f) Chief Executive Officer—Member-Secretary, ex officio; and (g) one representative of a recognised body of commerce and industry, chosen by the Central Government—Part-Time Member. (2) The Members of the Council, other than ex officio members, shall hold office as such, for a term of four years from the date on which they enter upon their office and shall be eligible for re-appointment: Provided that no Member other than ex officio Member shall hold office after he has attained the age of seventy years, in the case of Chairperson, and sixty-seven years, in the case of other Members: Provided further that if the Chairperson is appointed on Part-Time basis, then, at least one of the Members appointed under clauses (b) or (c) shall be a Full-Time Member. (3) The salaries, allowances and other terms and conditions of Members other than _ex officio_ Members shall be such as may be prescribed. (4) The [1][Part-Time Member] shall be entitled to such travelling and other allowances as may be prescribed. **33. Vacancies, etc., not to invalidate proceedings of Council.—No act or proceeding of the** Council shall be invalid merely by reason of— (a) any vacancy or any defect, in the constitution of the Council; (b) any defect in the appointment of a person as a Member of the Council; or (c) any irregularity in the procedure of the Council not affecting the merits of the case. **34. Resignation.—The Member may, by notice in writing, under his hand addressed to the Central** Government, resign his office: Provided that the Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier. **35.Removal.—The Central Government may, remove any Member from his office, if he—** (a) is an undischarged insolvent; or (b) has engaged at any time, during his term of office, in any paid employment without the permission of the Central Government; or (c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest; or 1. Subs. by Notification No. S.O. 4506(E), for “ Member” (w.e.f. 13-10-2023). 14 ----- (f) has become physically or mentally incapable of acting as a Member: Provided that where a Member is proposed to be removed on any ground, he shall be informed of charges against him and given an opportunity of being heard in respect of those charges. **36. Appointment of experts and constitution of Committees.—The Council may, appoint such** experts and constitute such committees of experts as it may consider necessary to discharge its functions on such terms and conditions as may be specified. **37. Secretariat and Chief Executive Officer of Council.—(1) There shall be a Chief Executive** Officer of the Council, who shall be responsible for the day to day administration and implementation of the decisions of the Council. (2) The qualification, appointment and other terms and conditions of service of the Chief Executive Officer shall be such as may be specified. (3) There shall be a Secretariat to the Council consisting of such number of officers and employees as may be specified. (4) The qualification, appointment and other terms and conditions of the service of the employees and other officers of the Council shall be such as may be specified. (5) The Central Government shall provide such number of officers and employees as may be necessary for the functioning of the Council till regulations are made under this section. **38. Duties and functions of Council.—The Council shall—** (a) endeavour to promote domestic and international mediation in India through appropriate guidelines; (b) endeavour to develop India to be a robust centre for domestic and international mediation; (c) lay down the guidelines for the continuous education, certification and assessment of mediators by the recognised mediation institutes; (d) provide for the manner of conduct of mediation proceedings, under sub-section (1) of section 15; (e) provide for manner of registration of mediators and renew, withdraw, suspend or cancel registration on the basis of conditions as may be specified; (f) lay down standards for professional and ethical conduct of mediators under sub-section (3) of section 15; (g) hold trainings, workshops and courses in the area of mediation in collaboration with mediation service providers, law firms and universities and other stakeholders, both Indian and international, and any other mediation institutes; (h) enter into memoranda of understanding or agreements with domestic and international bodies or organisations or institutions; (i) recognise mediation institutes and mediation service providers and renew, withdraw, suspend or cancel such recognition; (j) specify the criteria for recognition of mediation institutes and mediation service providers; (k) call for any information or record of mediation institutes and mediation service providers; (l) lay down standards for professional and ethical conduct of the mediation institutes and mediation service providers; (m) publish such information, data, research studies and such other information as may be required; (n) maintain an electronic depository of the mediated settlement agreements made in India and for such other records related thereto in such manner as may be specified; and (o) perform any other function as may be assigned to it by the Central Government. 15 ----- **39. Monitoring and reporting.—(1) The Council shall, as soon as practicable after the end of each** year or at such other intervals as directed by the Central Government, prepare a report on the implementation of the provisions of this Act during the year or such interval and forward a copy thereof to the Central Government. (2) The Central Government may take such additional measures as it deems necessary to supplement the functioning of the Council and for the effective implementation of the provisions of the Act. CHAPTER IX MEDIATION SERVICE PROVIDERS AND MEDIATION INSTITUTES **40. Mediation service provider.—(1) “mediation service provider” includes—** (a) a body or an organisation that provides for the conduct of mediation under this Act and the rules and regulations made thereunder and is recognised by the Council; or (b) an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987); or (c) a court-annexed mediation centre; or (d) any other body as may be notified by the Central Government: Provided that the bodies referred to in clauses (b), (c) and (d) shall be deemed to be mediation service providers recognised by the Council. ## (2) The mediation service provider shall be recognised by the Council in the manner as may be specified. **41. Functions of mediation service providers.—The mediation service providers shall perform** the following functions, namely:— (a) accredit mediators and maintain panel of mediators; (b) provide the services of mediator for conduct of mediation; (c) provide all facilities, secretarial assistance and infrastructure for the efficient conduct of mediation; (d) promote professional and ethical conduct amongst mediators; (e) facilitate registration of mediated settlement agreements in accordance with the provisions of section 20; and (f) such other functions as may be specified. **42. Mediation institutes.—The Council shall recognize mediation institutes to perform such** duties and exercise such functions as may be specified. CHAPTER X COMMUNITY MEDIATION **43. Community mediation.—(1) Any dispute likely to affect peace, harmony and tranquillity** amongst the residents or families of any area or locality may be settled through community mediation with prior mutual consent of the parties to the dispute. (2) For the purposes of sub-section (1), any of the parties shall make an application before the concerned Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987) or District Magistrate or Sub-Divisional Magistrate in areas where no such Authority has been constituted, for referring the dispute to mediation. (3) In order to facilitate settlement of a dispute for which an application has been received under sub-section (2), the concerned Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987) or the District Magistrate or Sub-Divisional Magistrate, as the case may be, shall constitute panel of three community mediators. 16 ----- (4) For the purposes of this section, the Authority or District Magistrate or the Sub-Divisional Magistrate, as the case may be, shall notify a permanent panel of community mediators, which may be revised from time to time. (5) The following persons may be included in the panel referred to in sub-section (4)— (a) person of standing and integrity who are respectable in the community; (b) any local person whose contribution to the society has been recognised; (c) representative of area or resident welfare associations; (d) person having experience in the field of mediation; and (e) any other person deemed appropriate. (6) While making panel referred to in sub-section (4) the representation of women or any other class or category of persons may be considered. **44. Procedure for community mediation.—(1) Any community mediation shall be conducted by** the panel of three community mediators referred to in sub-section (3) of section 43 who shall devise suitable procedure for the purpose of resolving the dispute. (2) The community mediators shall endeavour to resolve disputes through community mediation and provide assistance to parties for resolving disputes amicably. (3) In every case where a settlement agreement is arrived at through community mediation under this Act, the same may be reduced into writing with the signature of the parties and authenticated by the community mediators, a copy of which be provided to the parties and in cases where no settlement agreement is arrived at, a non-settlement report may be submitted by the community mediators to the Authority or the District Magistrate or the Sub-Divisional Magistrate, as the case may be, and to the parties. (4) Any settlement agreement arrived at under this Chapter shall be for the purpose of maintaining the peace, harmony and tranquillity amongst the residents or families of any area or locality but shall not be enforceable as a judgment or decree of a civil court. (5) The provisions of section 20 shall, _mutatis mutandis apply, in relation to the registration of_ mediated settlement agreement under this section. CHAPTER XI MISCELLANEOUS **45. Mediation Fund.—(1) There shall be a fund to be called “Mediation Fund” (hereinafter** referred to as the “Fund”) for the purposes of promotion, facilitation and encouragement of mediation under this Act, which shall be administered by the Council. (2) There shall be credited to the Fund the following, namely:— (a) all monies provided by the Central Government; (b) all fees and other charges received from mediation service provider, mediation institutes or bodies or persons; (c) all monies received by the Council in the form of donations, grants, contributions and income from other sources; (d) grants made by the Central Government or the State Government for the purposes of the Fund; (e) amounts deposited by persons as contributions to the Fund; (f) amounts received in the Fund from any other source; and (g) interest on the above or other income received out of the investment made from the Fund. 17 ----- (3) The Fund shall be applied towards meeting the salaries and other allowances of Member, Chief Executive Officer, Officers and employees and the expenses of the Council including expenses incurred in the exercise of its powers and discharge of its duties under this Act. **46. Accounts and audit.—(1) The Council shall maintain proper accounts and other relevant** records and prepare an annual statement of accounts, including the balance sheet, in such form and manner as may be prescribed in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Council shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Council to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Council shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Council. (4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **47. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing** provisions of this Act, the Council shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time: Provided that the views of the Council shall be taken into consideration before any direction is given under this sub-section. (2) The decision of the Central Government whether a question is one of policy or not shall be final. **48. Power to frame schemes or guidelines.—Subject to the provisions of this Act, the Central** Government or the State Government or any of its entity or agency, as the case may be, may frame any schemes or guidelines, for resolution of any dispute through mediation or conciliation in cases where the Central Government or the State Government or any of its entity or agency is one of the parties and in such cases mediation or conciliation may be conducted in accordance with such schemes or guidelines. **49. Mediated settlement agreement where Government or its, agency, etc., is a** **party.—Notwithstanding anything contained in this Act, no dispute including a commercial dispute,** wherein the Central Government or State Government or any of its agencies, public bodies, corporations and local bodies including entities controlled or owned by them is a party, the settlement agreement arrived at shall be signed only after obtaining the prior written consent of the competent authority of such Government or any of its entity or agencies, public bodies, corporations and local bodies, as the case may be. **50. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or a State Government or any officer of such Government, or the Member or Officer or employee of the Council or a mediator, mediation institutes, mediation service providers, which is done or is intended to be done in good faith under this Act or the rules or regulations made thereunder. **51. Power to make rules.—(1) The Central Government may, by notification, make rules for** carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision for— 18 ----- (a) the salaries and allowances and the terms and conditions of the Members under sub-section (3) of section 32; (b) the travelling and other allowances payable to the 1[Part-Time Member] under sub-section (4) of section 32; (c) the form and manner of annual statement of accounts, including the balance sheet under sub-section (1) of section 46; and (d) any other matter which is to be, or may be prescribed. **52. Power to make regulations.—(1) The Council may, with the previous approval of the Central** Government, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may make provision for— (a) qualification, experience and accreditation for mediators of foreign nationality under the proviso to sub-section (1) of section 8; (b) manner of conducting mediation proceeding under sub-section (1) of section15; (c) standards for professional and ethical conduct of mediators under sub-section (3) of section 15; (d) manner of registration of mediated settlement agreement under sub-section (1) of section 20; (e) fees for registration of mediated settlement agreement under the proviso to sub-section (2) of section 20; (f) cost of mediation under sub-section (1) of section 25; (g) manner of process of conducting online mediation under sub-section (2) of section 30; (h) the terms and conditions of experts and committees of experts under section 36; (i) qualifications, appointment and other terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 37; (j) the number of officers and employees of the Secretariat of the Council under sub-section (3) of section 37; (k) the qualification, appointment and other terms and conditions of the employees and other officers of the Council under sub-section (4) of section 37; (l) conditions for registration of mediators and renewal, withdrawal, suspension or cancellations of such registrations under clause (e) of section 38; (m) criteria for recognition of mediation institutes and mediation service providers under clause (j) of section 38; (n) manner of maintenance of electronic depository of mediated settlement agreement under clause (n) of section 38; (o) manner for recognition of mediation service provider under sub-section (2) of section 40; (p) such other functions of mediation service provider under clause (f) of section 41; (q) duties and functions to be performed by mediation institutes under section 42; and (r) any other matter in respect of which provision is necessary for the performance of functions of the Council under this Act. **53. Laying.—Every notification issued under sub-section (2) of section 6, sub-section (2) of** section 55, rule and regulation made under this Act shall be laid, as soon as may be after it is issued or made, before each House of Parliament, while it is in session, for a total period of thirty days which 1. Subs. by Notification No. S.O. 4506(E), for “Member” (w.e.f. 13-10-2023). 19 ----- may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification, rule or regulation or both Houses agree that the notification, rule or regulation should not be issued or made, the notification, rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification, rule or regulation. **54. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of five years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament. **55. Provisions of Act to have overriding effect on mediation or conciliation contained in other** **laws.—(1) Subject to the enactments mentioned in the Second Schedule, the provisions of this Act** shall have overriding effect for conduct of mediation or conciliation notwithstanding anything inconsistent therewith contained in any other law for the time being in force, and any instrument having force of law. (2) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Second Schedule and thereupon it shall be deemed to have been amended accordingly. **56. Act not to apply to pending proceedings.—This Act shall not apply to, or in relation to, any** mediation or conciliation commenced before the coming into force of this Act. **57. Transitory provision.—The rules in force governing the conduct of court-annexed mediation** shall continue to apply until regulations are made under sub-section (1) of section 15: Provided that the rules shall continue to apply in all court-annexed mediation pending as on the date of coming into force of the regulations. **58. Amendment of Act 9 of 1872.—The Indian Contract Act, 1872, shall be amended in the** manner specified in the Third Schedule. **59.** **Amendment of Act 5 of 1908.—The Code of Civil Procedure, 1908, shall be amended in the** manner specified in the Fourth Schedule. **60. Amendment of 39 of 1987.— The Legal Services Authorities Act, 1987,shall be amended in** the manner specified in the Fifth Schedule. **61.** **Amendment of 26 of 1996.—The Arbitration and Conciliation Act, 1996, shall be amended in** the manner specified in the Sixth Schedule. **62.Amendment of 27 of 2006.—The Micro, Small and Medium Enterprises Development Act,** 2006, shall be amended in the manner specified in the Seventh Schedule. **63.Amendment of 18 of 2013.—The Companies Act, 2013, shall be amended in the manner** specified in the Eighth Schedule. **64.** **Amendment of 4 of 2016.—The Commercial Courts Act, 2015, shall be amended in the** manner specified in the Ninth Schedule. **65.Amendment of 35 of 2019.— The Consumer Protection Act, 2019, shall be amended in the** manner specified in the Tenth Schedule. 20 ----- THE FIRST SCHEDULE (See section 6) ## DISPUTES OR MATTERS NOT FIT FOR MEDIATION 1. Disputes which by virtue of any law for the time being in force may not be submitted for mediation. 2. Disputes relating to claims against minors, deities; persons with intellectual disabilities under paragraph 2 of the Schedule and person with disability having high support needs as defined in clause (t) of section 2 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016); persons with mental illness as defined in clause (s) of sub-section (1) of section 2 of the Mental Healthcare Act, 2017 (10 of 2017); persons of unsound mind, in relation to whom proceedings are to be conducted under Order XXXII of the Code of Civil Procedure, 1908 (5 of 1908); and suits for declaration of title against Government; declaration having effect of right in rem. 3. Disputes involving prosecution for criminal offences. 4. Complaints or proceedings, initiated before any statutory authority or body in relation to registration, discipline, misconduct of any practitioner, or other registered professional, such as legal practitioner, medical practitioner, dentist, architect, chartered accountant, or in relation to any other profession of whatever description, which is regulated under any law for the time being in force. 5. Disputes which have the effect on rights of a third party who are not a party to the mediation proceedings except only in matrimonial disputes where the interest of a child is involved. 6. Any proceeding in relation to any subject matter, falling within any enactment, over which the Tribunal constituted under the National Green Tribunal Act, 2010 (19 of 2010), has jurisdiction. 7. Any dispute relating to levy, collection, penalties or offences, in relation to any direct or indirect tax or refunds, enacted by any State legislature or the Parliament. 8. Any investigation, inquiry or proceeding, under the Competition Act, 2002 (12 of 2003), including proceedings before the Director General, under the Act; proceedings before the Telecom Regulatory Authority of India, under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) or the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of that Act. 9. Proceedings before appropriate Commissions, and the Appellate Tribunal for Electricity, under the Electricity Act, 2003 (36 of 2003). 10. Proceedings before the Petroleum and Natural Gas Regulatory Board, and appeals therefrom before the Appellate Tribunal under the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006). 11. Proceedings before the Securities and Exchange Board of India, and the Securities Appellate Tribunal, under the Securities and Exchange Board of India Act, 1992 (15 of 1992). 12. Land acquisition and determination of compensation under land acquisition laws, or any provision of law providing for land acquisition. 13. Any other subject matter of dispute which may be notified by the Central Government. 21 ----- THE SECOND SCHEDULE (See section 55) 1. The Industrial Disputes Act, 1947 (14 of 1947). 2. The Brahmaputra Board Act, 1980 (46 of 1980). 3. The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981). 4. The Family Courts Act, 1984 (66 of 1984). 5. The Legal Services Authorities Act, 1987 (39 of 1987). 6. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007). 7. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013). 8. The Finance Act, 20l6 (28 of 2016). 9. The Industrial Relations Code, 2020 (35 of 2020). 22 ----- THE THIRD SCHEDULE (See section 58) In section 28 of the Indian Contract Act, 1872 (9 of 1872), for Exception 1 and Exception 2, the following shall be substituted, namely: — _“Exception_ 1.—Saving of contract to refer to arbitration or mediation dispute that may **arise.—This section shall not render illegal a contract, by which two or more persons agree that any** dispute which may arise between them in respect of any subject or class of subjects shall be referred to resolution through arbitration or mediation. _Exception_ 2.—Saving of contract to refer questions that have already arisen.—Nor shall this section render illegal any contract in writing, by which two or more persons agree to refer to arbitration or mediation any question between them which has already arisen, or affect any provision of any law in force for the time being as to references to arbitration or mediation.”. 23 ----- THE FOURTH SCHEDULE ## (See section 59) In the Code of Civil Procedure, 1908 (5 of 1908),— (i) under Part V, under the heading SPECIAL PROCEEDINGS, the sub-heading “ARBITRATION” shall be omitted; (ii) for section 89, the following section shall be substituted, namely:— **89. Settlement of disputes outside the Court.—Where it appears to the Court that the dispute** between the parties may be settled and there exists elements of settlement which may be acceptable to the parties, the Court may— (a) refer the dispute to arbitration, and thereafter, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration were referred for settlement under the provisions of that Act; or (b) refer the parties to mediation, to the court-annexed mediation centre or any other mediation service provider or any mediator, as per the option of the parties, and thereafter the provisions of the Mediation Act, 2023 shall apply as if the proceedings for mediation were referred for settlement under the provisions of that Act; or (c) refer the dispute to Lok Adalat, in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authorities Act, 1987 (39 of 1987) and thereafter, all other provisions of that Act shall apply in respect of the dispute; (d) effect compromise between the parties and shall follow such procedure as deemed fit for judicial settlement. 24 ----- THE FIFTH SCHEDULE (See section 60) In the Legal Services Authorities Act, 1987 (39 of 1987), in section 4, for clause (f), the following clause shall be substituted, namely:— “(f) encourage the settlement of disputes, including online by way of negotiations, arbitration, mediation and conciliation;”. 25 ----- THE SIXTH SCHEDULE (See section 61) In the Arbitration and Conciliation Act, 1996 (26 of 1996),— (a) in section 43D,— (i) in sub-section (1), the words “mediation, conciliation” shall be omitted; (ii) in sub-section (2), in clauses (e), (f) and (i), the words "and conciliation" wherever they occur shall be omitted; (b) for sections 61 to 81, the following sections shall be substituted, namely:— **61. Reference of conciliation in enactments.—(1) Any provision, in any other enactment for the** time being in force, providing for resolution of disputes through conciliation in accordance with the provisions of this Act, shall be construed as reference to mediation as provided under the Mediation Act, 2023. (2) Conciliation as provided under this Act and the Code of Civil Procedure, 1908 (5 of 1908), shall be construed as mediation referred to in clause (h) of section 3 of the Mediation Act, 2023. **62. Saving.—Notwithstanding anything contained in section 61, any conciliation proceeding** initiated in pursuance of sections 61 to 81 of this Act as in force before the commencement of the Mediation Act, 2023, shall be continued as such, as if the Mediation Act, 2023, had not been enacted. 26 ----- THE SEVENTH SCHEDULE (See section 62) In the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), for section 18, the following section shall be substituted, namely:— "18. Reference to Micro and Small Enterprises Facilitation Council.—(1) Notwithstanding anything contained in any other law for the time being in force, any party to a dispute may, with regard to any amount due under section 17, make a reference to the Micro and Small Enterprises Facilitation Council. (2) On receipt of a reference under sub-section (1), the Council shall either conduct mediation itself or refer the matter to any mediation service provider as provided under the Mediation Act, 2023. (3) The conduct of mediation under this section shall be as per the provisions of the Mediation Act, 2023. (4) Where the mediation initiated under sub-section (3) is not successful and stands terminated without any settlement between the parties, the Council shall either itself take up the dispute for arbitration or refer it to any institution or centre providing alternative dispute resolution services for such arbitration and the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996), shall, then apply to the dispute as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of section 7 of that Act. (5) Notwithstanding anything contained in any other law for the time being in force, the Micro and Small Enterprises Facilitation Council or the centre providing alternative dispute resolution services shall have jurisdiction to act as an Arbitrator or mediator under this section in a dispute between the supplier located within its jurisdiction and a buyer located anywhere in India.". 27 ----- THE EIGHTH SCHEDULE (See section 63) In the Companies Act, 20l3 (18 of 2013), for section 442, the following section shall be substituted, namely:— “442. Reference to mediation.—(1) Any of the parties to a proceedings before the Central Government, Tribunal or the Appellate Tribunal may, at any time apply to the Central Government, Tribunal or the Appellate Tribunal, as the case may be, in such form along with such fees, if any, as may be prescribed, for referring the matter pertaining to such proceedings for mediation and the Central Government, Tribunal or the Appellate Tribunal, as the case may be, shall refer the matter to mediation to be conducted under the provisions of the Mediation Act, 2023. (2) Nothing in this section shall prevent the Central Government, Tribunal or the Appellate Tribunal before which any proceeding is pending from referring any matter pertaining to such proceeding suo motu to mediation to be conducted under the provisions of the Mediation Act, 2023 as the Central Government, Tribunal or the Appellate Tribunal, deems fit. (3) The mediator or mediation service provider shall file the mediated settlement agreement arrived at between the parties with the Central Government or the Tribunal or the Appellate Tribunal under the Act. (4) The Central Government or the Tribunal or the Appellate Tribunal shall pass an order or judgment making the said mediated settlement agreement as part thereof. (5) The fee of the mediator shall be such as may be prescribed.” 28 ----- THE NINTH SCHEDULE (See section 64) In the Commercial Courts Act, 2015 (4 of 2016),— (a) for Chapter IIIA, the following Chapter shall be substituted, namely:— "CHAPTER IIIA ## PRE-LITIGATION MEDIATION AND SETTLEMENT **12A. Pre-litigation Mediation and Settlement.—(1) A suit, which does not contemplate any** urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of pre-litigation mediation in accordance with such manner and procedure as may be prescribed by rules made by the Central Government. (2) For the purposes of pre-litigation mediation, the Central Government may, by notification, authorise— (i) the Authority, constituted under the Legal Services Authorities Act, 1987 (39 of 1987); or (ii) a mediation service provider as defined under clause (m) of section 3 of the Mediation Act, 2023. (3) Notwithstanding anything contained in the Legal Services Authorities Act, 1987 (39 of 1987), the Authority or mediation service provider authorised by the Central Government under sub-section (2) shall complete the process of mediation within a period of one hundred and twenty days from the date of application made by the plaintiff under sub-section (1): Provided that the period of mediation may be extended for a further period of sixty days with the consent of the parties: Provided further that, the period during which the parties spent for pre-litigation mediation shall not be computed for the purposes of limitation under the Limitation Act, 1963 (36 of 1963). (4) If the parties to the commercial dispute arrive at a settlement, the same shall be reduced into writing and shall be signed by the parties and the mediator. (5) The mediated settlement agreement arrived at under this section shall be dealt with in accordance with the provisions of sections 27 and 28 of the Mediation Act, 2023.”; (b) in section 21A, in sub-section (2), for clause (a), the following clause shall be substituted, namely:— “(a) the manner and procedure of pre-litigation mediation under sub-section (1) of section 12A;”. 29 ----- THE TENTH SCHEDULE (See section 65) In the Consumer Protection Act, 2019 (35 of 2019),— (a) in section 2, clauses (25) and (26) shall be omitted; (b) for section 37, the following sections shall be substituted, namely:— “37. Reference to mediation.—The District Commission or State Commission or the National Commission, as the case may be, [1][may] at any stage of proceedings refer the disputes for settlement by mediation under the Mediation Act, 2023. 37A. Settlement through mediation.—(1) Pursuant to mediation, if an agreement is reached between the parties with respect to all of the issues involved in the consumer dispute or with respect to only some of the issues, the terms of such agreement shall be reduced to writing accordingly, and signed by the parties to such dispute or their authorised representatives. (2) The mediator shall prepare a settlement report of the settlement and forward the signed agreement along with such report to the concerned Commission. (3) Where no agreement is reached between the parties within the specified time or the mediator is of the opinion that settlement is not possible, he shall prepare his report accordingly and submit the same to the concerned Commission. 37B. Recording settlement and passing of order.—(1) The District Commission or the State Commission or the National Commission, as the case may be, shall, within seven days of the receipt of the settlement report, pass suitable order recording such settlement of consumer dispute and dispose of the matter accordingly. (2) Where the consumer dispute is settled only in part, the District Commission or the State Commission or the National Commission, as the case may be, shall record settlement of the issues which have been so settled and continue to hear other issues involved in such consumer dispute. (3) Where the consumer dispute could not be settled by mediation, the District Commission or the State Commission or the National Commission, as the case may be, shall continue to hear all the issues involved in such consumer dispute."; (c) in section 38, in sub-section (1), the words “or in respect of cases referred for mediation on failure of settlement by mediation,” shall be omitted; (d) in section 41, the third proviso shall be omitted; (e) Chapter V shall be omitted; (f) in section 101, in sub-section (2),— (i) clause (r) shall be omitted; (ii) clause (zf) shall be omitted; (g) in section 102, in sub-section (2), clause (p) shall be omitted; (h) in section 103, in sub-section (2), clauses (c) to (h) shall be omitted. ## ———— 1. Subs. by Notification no. S.O. 4506(E) for “shall either on an application by the parties” (w.e.f. 13-10-2023). 30 -----

17-Dec-2023

37

The Repealing and Amending Act, 2023

https://www.indiacode.nic.in/bitstream/123456789/19719/1/A202337.pdf

central

# THE REPEALING AND AMENDING ACT, 2023 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS . 1. Short title. 2. Repeal of certain enactments. 3. Amendment of enactments. 4. Savings. THE FIRST SCHEDULE THE SECOND SCHEDULE THE THIRD SCHEDULE ----- # THE REPEALING AND AMENDING ACT, 2023 ACT NO. 37 OF 2023 [17th _December, 2023.]_ An Act to repeal certain enactments and to amend an enactment. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— **1. Short title. —This Act may be called the Repealing and Amending Act, 2023.** **2. Repeal of certain enactments. —The enactments specified in the First Schedule and the Second** Schedule are hereby repealed. **3. Amendment of enactment. —The enactment specified in the Third Schedule is hereby amended** to the extent and in the manner specified in the fourth column thereof. **4. Savings. —The repeal by this Act of any enactment shall not affect any other enactment in which** the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accruedor incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. ----- **Year** **Act** **No.** THE FIRST SCHEDULE (See section 2) REPEALS **Short Title** **1** **2** **3** 1850 18 The Judicial Officers Protection Act, 1850. 1855 28 The Usury Laws Repeal Act, 1855. 1857 5 The Oriental Gas Company Act, 1857. 1867 11 The Oriental Gas Company Act, 1867. 1871 4 The Coroners Act, 1871. 1881 16 The Obstruction in Fairways Act, 1881 1885 18 The Land Acquisition (Mines) Act, 1885. 1912 13 The Delhi Laws Act, 1912. 1915 7 The Delhi Laws Act, 1915 1922 22 The Police (Incitement to Disaffection) Act, 1922. 1923 6 The Cantonments (House Accommodation) Act, 1923. 1934 15 The Sugar-cane Act, 1934. 1941 12 The Delhi Restriction of Uses of Land Act, 1941. 1950 74 The Telegraph Wires (Unlawful Possession) Act, 1950. 1965 44 The Metal Corporation of India (Acquisition of Undertaking) Act, 1965. 1974 28 The Coal Mines (Conservation and Development) Act, 1974. 1976 100 The Metal Corporation (Nationalisation and Miscellaneous Provisions) Act, 1976. 1982 71 The Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982. 1983 17 The Delhi Motor Vehicles Taxation (Amendment) Act, 1983. 1994 13 The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994. 2018 1 The Companies (Amendment) Act, 2017. 2018 8 The Insolvency and Bankruptcy Code (Amendment) Act, 2018. 2018 21 The Requisitioning and Acquisition of Immovable Property (Amendment) Act, 2018. 2018 23 The Homoeopathy Central Council (Amendment) Act, 2018. 2018 26 The Insolvency and Bankruptcy Code (Second Amendment) Act, 2018. 2018 27 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018. ----- **Year** **Act** **No.** **Short Title** **1** **2** **3** 2019 6 The Personal Laws (Amendment) Act, 2019. 2019 8 The Special Economic Zones (Amendment) Act, 2019. 2019 11 The Homoeopathy Central Council (Amendment) Act, 2019. 2019 14 The Aadhaar and Other Laws (Amendment) Act, 2019. 2019 24 The Right to Information (Amendment) Act, 2019. 2019 26 The Insolvency and Bankruptcy Code (Amendment) Act, 2019. 2019 36 The Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2019. 2019 37 The Supreme Court (Number of Judges) Amendment Act, 2019. 2020 19 The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2020. ----- THE SECOND SCHEDULE (See section 2) REPEALS **Year** **Act No.** **Short Title** **1** **2** **3** 2013 5 The Appropriation (Railways) Vote on Account Act, 2013. 2013 6 The Appropriation (Railways) Act, 2013. 2013 7 The Appropriation (Railways) No. 2 Act, 2013. 2013 8 The Appropriation (Vote on Account) Act, 2013. 2013 9 The Appropriation Act, 2013. 2013 10 The Appropriation (No. 2) Act, 2013 2013 15 The Appropriation (Railways) No. 3 Act, 2013. 2013 16 The Appropriation (No. 3) Act, 2013. 2013 21 The Appropriation (No. 4) Act, 2013. 2014 2 The Appropriation (No. 5) Act, 2013. 2014 3 The Appropriation (Railways) No. 4 Act, 2013. 2014 4 The Appropriation (Railways) Vote on Account Act, 2014. 2014 5 The Appropriation (Railways) Act, 2014. 2014 12 The Appropriation (Vote on Account) Act, 2014. 2014 13 The Appropriation Act, 2014. 2014 21 The Appropriation (Railways) No. 2 Act, 2014. 2014 22 The Appropriation (Railways) No. 3 Act, 2014. 2014 23 The Appropriation (No. 2) Act, 2014. 2014 24 The Appropriation (No. 3) Act, 2014. 2014 38 The Appropriation (No. 4) Act, 2014. 2015 6 The Appropriation (Railways) Vote on Account Act, 2015. 2015 7 The Appropriation (Railways) Act, 2015. 2015 8 The Appropriation (Vote on Account) Act, 2015. 2015 9 The Appropriation Act, 2015. 2015 13 The Appropriation (Railways) No. 2 Act, 2015. 2015 15 The Appropriation (No. 2) Act, 2015. 2015 24 The Appropriation (Railways) No. 3 Act, 2015. 2015 25 The Appropriation (No. 3) Act, 2015. 2016 7 The Appropriation (No. 4) Act, 2015. 2016 8 The Appropriation (No. 5) Act, 2015. ----- **Year** **Act No.** **Short Title** **1** **2** **3** 2016 2016 14 15 The Appropriation (Railways) Vote on Account Act, 2016. The Appropriation (Railways) Act, 2016. 2016 19 The Appropriation (Vote on Account) Act, 2016. 2016 20 The Appropriation Act, 2016. 2016 26 The Appropriation (Railways) No. 2 Act, 2016. 2016 29 The Appropriation (No. 2) Act, 2016. 2016 46 The Appropriation (No. 3) Act, 2016. 2016 50 The Appropriation (No. 4) Act, 2016. 2016 51 The Appropriation (No. 5) Act, 2016. 2017 8 The Appropriation (Railways) Act, 2017. 2017 9 The Appropriation (Railways) No. 2 Act, 2017. ----- THE THIRD SCHEDULE (See section 3) AMENDMENT **Year** **Act No.** **Short Title** **Amendment** **1** **2** **3** **4** **2012** **12** The Factoring Regulation Act, 2011 # ______ In section 31A, in sub-section (3), for the words "that Central Government", the words "that Government" shall be substituted -----

24-Dec-2023

43

The Post Office Act, 2023

https://www.indiacode.nic.in/bitstream/123456789/20064/1/a2023-43.pdf

central

THE POST OFFICE ACT, 2023 ____________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Services to be provided by Post Office. 4. Exclusive privilege in respect of postage stamps. 5. Addresses and postcodes. 6. Power to give effect to arrangements with other countries. 7. Recovery of sums due in respect of services provided by Post Office. 8. Official mark to be evidence of certain facts denoted. 9. Power to intercept, open or detain any item or deliver item to customs authority. 10. Exemption from liability. 11. Delegation of power, other than rulemaking powers to Director General. 12. Power to make rules. 13. Power to make regulations. 14. Laying of rules and regulations in Parliament. 15. Power to remove difficulties. 16. Repeal and savings. 1 ----- # THE POST OFFICE ACT, 2023 ACT NO. 43 OF 2023 [24th December, 2023.] # An Act to consolidate and amend the law relating to Post Office in India and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:–– **1. Short title, extent and commencement.— (1) This Act may be called the Post Office Act, 2023.** (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.–– In this Act, unless the context otherwise requires,—** (a) “Director General” means the Director General of Postal Services appointed by the Central Government and includes any officer authorised by the Central Government to perform the duties of the Director General; (b) “item” means an indivisible article which the Post Office accepts for providing a service; (c) “notification” means a notification published in the Official Gazette; (d) “Post Office” means the Department of Posts and includes every house, building, room, place or any other asset used by the Post Office for providing any service; (e) “prescribe” means prescribe by rules made under this Act and the expression “prescribed” shall be construed accordingly; (f) “regulations” means the regulations made under this Act **3. Services to be provided by Post Office.––(1) The Post Office shall provide such services as the** Central Government may prescribe. (2) The Director General may make regulations— (a) in respect of activities necessary to provide services referred to in sub-section (1); and (b) to fix charges for, and the terms and conditions in respect of, services referred to in sub-section (1). (3) Any service provided by the Post Office shall be subject to any other law for the time being in force. **4. Exclusive privilege in respect of postage stamps.–– (1) The Post Office shall have the exclusive** privilege of issuing postage stamps. (2) The Director General may make regulations relating to the supply and sale of postage stamps and postal stationery. (3) In this section, the expressions— (a) “postage stamp” means any stamp provided by the Central Government, in any form, physical or digital, for denoting sums payable in respect of such service provided by the Post Office, as may be prescribed and includes stamps affixed, printed, embossed, embedded, impressed, or otherwise indicated on an item; (b) “postal stationery” means stationery, issued by the Post Office such as envelopes, letter cards, postcards, bearing imprinted stamps or inscriptions indicating that sum payable in respect of a service provided by the Post Office has been prepaid. 1. 18[th] June, 2024, vide notification No. S.O. 2352(E), dated, 17th day of June, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- **5. Addresses and postcodes.–– (1) The Central Government may prescribe standards for addressing** on the items, address identifiers and usage of postcodes. (2) In this section, “postcode” means a series of digits, letters or digital code or a combination of digits, letters or digital code used to identify a geographic area or location, and ease the process of sorting and delivery of items and for other purposes. **6. Power to give effect to arrangements with other countries.––The Central Government may** make rules to give effect to arrangements made with any foreign country or territory for services provided by the Post Office between India and the said foreign country or territory. **7. Recovery of sums due in respect of services provided by Post Office.––(1) Every person who** avails a service provided by the Post Office shall be liable to pay the charges in respect of such service. (2) If any person refuses or neglects to pay the charges referred to in sub-section (1), such amount shall be recoverable as if it were an arrear of land revenue due from him. **8. Official mark to be evidence of certain facts denoted.––The Central Government may prescribe** the conditions for denoting the official marks on items to be used as prima facie evidence of the facts so denoted. **9. Power to intercept, open or detain any item or deliver item to customs authority.––(1) The** Central Government may, by notification, empower any officer to cause any item in course of transmission by the Post Office to be intercepted, opened or detained in the interest of the security of the State, friendly relations with foreign states, public order, emergency, or public safety or upon the occurrence of any contravention of any of the provisions of this Act or any other law for the time being in force. (2) The Central Government may cause any item referred to in sub-section (1) to be disposed of in such manner as it deems appropriate. (3) The Central Government may, by notification, empower any officer of the Post Office to deliver an item, received from within or beyond the limits of India and reckoned to contain anything liable to duty or which is suspected to contain any prohibited item to such customs authority or any other authority as may be specified in the said notification, and such customs authority or any other authority shall deal with such item in accordance with the provisions of any law for the time being in force. **10. Exemption from liability.––(1) Notwithstanding anything in any other law for the time being in** force, the Post Office shall not incur any liability except such liability as may be prescribed with regard to a service provided by the Post Office. (2) No officer of the Post Office shall incur any liability with regard to a service provided by the Post Office, unless the officer has acted fraudulently or wilfully caused loss, delay or mis-delivery of service. **11. Delegation of power, other than rulemaking powers to Director General.––The Central** Government may, by notification, authorise, either absolutely or subject to conditions, the Director General to exercise any of the powers conferred upon the Central Government by this Act, other than the power to make rules. **12. Power to make rules.––The Central Government may, by notification, make rules for carrying** out the purposes of this Act. **13. Power to make regulations.— The Director General may, with the prior approval of the Central** Government, by notification, make regulations for carrying out the provisions of this Act. **14. Laying of rules and regulations in Parliament.— Every rule or regulation made under this Act** shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or 3 ----- annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **15. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **16. Repeal and savings.—(1) The Indian Post Office Act, 1898 (6 of 1898) is hereby repealed.** (2) Notwithstanding the repeal of the Act by sub-section (1), all rules, notifications and orders, made or purported to have been made under the Indian Post Office Act, 1898 (6 of 1898), shall, in so far as they relate to matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have been made under this Act and shall continue in force unless and until they are superseded by any rules or notification or order made under this Act. 4 -----

24-Dec-2023

44

The Telecommunications Act, 2023.

https://www.indiacode.nic.in/bitstream/123456789/20101/1/A2023-44.pdf

central

# THE TELECOMMUNICATIONS ACT, 2023 __________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II POWERS OF AUTHORISATION AND ASSIGNMENT 3. Authorisation. 4. Assignment of spectrum. 5. Re-farming and harmonisation. 6. Technologically neutral use of spectrum. 7. Optimal utilisation of spectrum. 8. Establishment of monitoring and enforcement mechanism. 9. No refund of fees. CHAPTER III RIGHT OF WAY FOR TELECOMMUNICATION NETWORK 10. Definition of terms used in this Chapter. 11. Right of way for telecommunication network in public property. 12. Right of way for telecommunication network on property not covered under section 11. 13. Non-discriminatory and non- exclusive grant of right of way. 14. Telecommunication network distinct from property on which it is installed. 15. Power of Central Government to establish common ducts and cable corridors. 16. Removal, relocation or alteration of telecommunication network. 17. Notice to facility provider. 18. Dispute resolution relating to this Chapter. CHAPTER IV STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF TELECOMMUNICATION NETWORKS 19. Power to notify standards. 20. Provisions for public emergency or public safety. 21. Measures for national security, etc. 22. Protection of telecommunication network and telecommunication services. 23. Power to give directions. 1 ----- CHAPTER V DIGITAL BHARAT NIDHI SECTIONS 24. Establishment of Digital Bharat Nidhi. 25. Crediting of sum to Consolidated Fund of India. 26. Administration of Digital Bharat Nidhi. CHAPTER VI INNOVATION AND TECHNOLOGY DEVELOPMENT 27. Regulatory sandbox. CHAPTER VII PROTECTION OF USERS 28. Measures for users. 29. Duty of users. 30. Dispute resolution mechanism to redress user grievances. CHAPTER VIII ADJUDICATION OF CERTAIN CONTRAVENTIONS 31. Definitions of terms used in this Chapter. 32. Breach of terms and conditions of authorisation or assignment. 33. Contraventions of Act. 34. Voluntary undertaking for contraventions. 35. Adjudicating Officer. 36. Designated Appeals Committee. 37. Process to be followed by Adjudicating Officer and Designated Appeals Committee. 38. Enforcement. 39. Appeals on matters relating to section 32. 40. Appeals on matters relating to section 33. 41. Jurisdiction of civil court barred. CHAPTER IX OFFENCES 42. General provisions relating to offences. 43. Power to search. 44. Supply of information to authorised officers. CHAPTER X MISCELLANEOUS 45. Creation of security interests. 46. Certification of person for operation of radio equipment on a vessel or aircraft. 47. Certification for amateur station operator. 48. Prohibition of use of equipment which blocks telecommunication. 2 ----- SECTIONS 49. Penalties not to affect other liabilities. 50. Act to apply for offence or contravention committed outside India. 51. Protection of action taken in good faith. 52. Consistency with other laws. 53. Implementation of Act. 54. Employee of authorised entity not to be compelled to appear as witness. 55. Rights in Continental Shelf and Exclusive Economic Zone. 56. Power of Central Government to make rules. 57. Power of Central Government to amend Schedules. 58. Power to remove difficulties. 59. Amendment to Act 24 of 1997. CHAPTER XI REPEAL AND SAVINGS 60. Repeal of certain Acts and savings. 61. Existing rules to continue. 62. Validation of certain acts and indemnity. THE FIRST SCHEDULE THE SECOND SCHEDULE 3 ----- # THE TELECOMMUNICATIONS ACT, 2023 ACT NO. 44 OF 2023 [24th December, 2023.] # An Act to amend and consolidate the law relating to development, expansion and operation of telecommunication services and telecommunication networks; assignment of spectrum; and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Telecommunications** Act, 2023. (2) It extends to,— (i) the whole of India; and (ii) to any offence committed or contravention made outside India by any person, as provided in this Act. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means such date as the Central Government may, by notification appoint under sub-section (3) of section 1; (b) “assignment” of a radio frequency or radio frequency channel means the permission for a radio station to use a radio frequency or radio frequency channel under specified conditions; (c) “assignee” means a person holding an assignment of a radio frequency or radio frequency channel under section 4; (d) “authorisation” means a permission, by whatever name called, granted under this Act for— (i) providing telecommunication services; (ii) establishing, operating, maintaining or expanding telecommunication networks; or (iii) possessing radio equipment; (e) “authorised entity” means a person holding an authorisation under section 3; (f) “critical telecommunication infrastructure” means telecommunication networks notified under sub-section (3) of section 22; (g) “message” means any sign, signal, writing, text, image, sound, video, data stream, intelligence or information sent through telecommunication; **1. 26th June, 2024.--Sections 1,2,10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62, vide Notification NO. S. O. 2408 (E), dated 26th June, 2024,** _see Gazette of India, Extraordinary, Part II, sec. 3 (ii)._ **5th July, 2024.--Sections 6 to 8, 48 and 59(b), vide Notification No. S.O. 2623(E), dated the 5th July, 2024, see Gazette of India, Extraordinary,** Part II, sec. 3(ii). 4 ----- (h) “National Frequency Allocation Plan” means guidelines issued from time to time by the Central Government for the use of the spectrum; (i) “notification” means a notification published in the Official Gazette and the expression “notified” shall be construed accordingly; (j) “person” shall include an individual, any company or association or body of individuals, whether incorporated or not, by whatsoever name called or referred to; (k) “prescribed” means prescribed by rules made under this Act; (l) “radio equipment” means telecommunication equipment used or capable of use for telecommunication by means of Hertzian or radio waves; (m) “radio waves” means electro-magnetic waves of frequencies propagated in space without any artificial guide; (n) “Schedule” means a schedule to this Act; (o) “spectrum” means the range of frequencies of Hertzian or radio waves; (p) “telecommunication” means transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception; (q) “telecommunication equipment” means any equipment, appliance, instrument, device, radio station, radio equipment, material, apparatus, or user equipment, that may be or is being used for telecommunication, including software and intelligence integral to such telecommunication equipment; and excludes such equipment as may be notified by the Central Government; (r) “telecommunication identifier” means a series of digits, characters and symbols, or a combination thereof, used to identify uniquely a user, a telecommunication service, a telecommunication network, elements of a telecommunication network, telecommunication equipment, or an authorised entity; (s) “telecommunication network” means a system or series of systems of telecommunication equipment or infrastructure, including terrestrial or satellite networks or submarine networks, or a combination of such networks, used or intended to be used for providing telecommunication services, but does not include such telecommunication equipment as notified by the Central Government; (t) “telecommunication service” means any service for telecommunication; (u) “user” means a natural or legal person using or requesting a telecommunication service, but does not include person providing such telecommunication service or telecommunication network. CHAPTER II POWERS OF AUTHORISATION AND ASSIGNMENT **3. Authorisation.—(1) Any person intending to—** (a) provide telecommunication services; (b) establish, operate, maintain or expand telecommunication network; or (c) possess radio equipment, shall obtain an authorisation from the Central Government, subject to such terms and conditions, including fees or charges, as may be prescribed. 5 ----- (2) The Central Government may while making rules under sub-section (1) provide for different terms and conditions of authorisation for different types of telecommunication services, telecommunication network or radio equipment. (3) The Central Government, if it determines that it is necessary in the public interest so to do, may provide exemption from the requirement of authorisation under sub-section (1), in such manner as may be prescribed. (4) Any exemption granted prior to the appointed day under the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933) shall continue under this Act, unless otherwise notified by the Central Government. (5) Any authorised entity may undertake any merger, demerger or acquisition, or other forms of restructuring, subject to any law for the time being in force and any authorised entity that emerges pursuant to such process, shall comply with the terms and conditions, including fees and charges, applicable to the original authorised entity, and such other terms and conditions, as may be prescribed. (6) A licence, registration, permission, by whatever name called, granted prior to the appointed day under the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933), in respect of provision of telecommunication services or telecommunication network— (a) where a definite validity period is given, shall be entitled to continue to operate under the terms and conditions and for the duration as specified under such licence or registration or permission, or to migrate to such terms and conditions of the relevant authorisation, as may be prescribed; or (b) where a definite validity period is not given, shall be entitled to continue to operate on the terms and conditions of such licence or registration or permission for a period of five years from the appointed day, or to migrate to such terms and conditions of the relevant authorisation, as may be prescribed. (7) Any authorised entity which provides such telecommunication services as may be notified by the Central Government, shall identify the person to whom it provides telecommunication services through use of any verifiable biometric based identification as may be prescribed. (8) The Central Government may, subject to such terms and conditions, including fees or charges as may be prescribed, allot telecommunication identifiers for use by authorised entities. (9) The Central Government may allow use of telecommunication identifiers allotted by international bodies which are recognised by the Central Government from time to time. **4. Assignment of spectrum.—(1) The Central Government, being the owner of the spectrum on** behalf of the people, shall assign the spectrum in accordance with this Act, and may notify a National Frequency Allocation Plan from time to time. (2) Any person intending to use spectrum shall require an assignment from the Central Government. (3) The Central Government may prescribe such terms and conditions as may be applicable, for such assignment of spectrum, including the frequency range, methodology for pricing, price, fees and charges, payment mechanism, duration and procedure for the same. (4) The Central Government shall assign spectrum for telecommunication through auction except for entries listed in the First Schedule for which assignment shall be done by administrative process. _Explanation.—For the purposes of this sub-section,—_ (a) “administrative process” means assignment of spectrum without holding an auction; 6 ----- (b) “auction” means a bid process for assignment of spectrum. (5) (a) The Central Government may, by notification, amend the First Schedule for assignment of spectrum— (i) in order to serve public interest; or (ii) in order to perform government function; or (iii) in cases where auction of spectrum is not the preferred mode of assignment due to technical or economic reasons. (b) The notification referred to in clause (a) shall be laid before each House of Parliament. (6) The Central Government, if it determines that it is necessary in the public interest so to do, may exempt,— (a) from the requirement of assignment under sub-section (2), in such manner as may be prescribed; and (b) by notification, specific usages within specified frequencies and parameters, from the requirements of sub-section (2). (7) Any exemption with respect to use of spectrum granted under the Indian Telegraph Act, 1885 (13 of 1885) and the Indian Wireless Telegraphy Act, 1933 (17 of 1933) prior to the appointed day, shall continue under this Act, unless otherwise notified by the Central Government. (8) Any spectrum assigned through the administrative process prior to the appointed day, shall continue to be valid on the terms and conditions on which it had been assigned, for a period of five years from the appointed day, or the date of expiry of such assignment, whichever is earlier. (9) Any spectrum assigned through auction prior to the appointed day, shall continue to be valid on the terms and conditions on which it had been assigned. **5. Re-farming and harmonisation.—The Central Government may, to enable more efficient use of** spectrum, re-farm or harmonise any frequency range assigned under section 4, subject to such terms and conditions, as may be prescribed. _Explanation.—For the purposes of this section,—_ (a) “harmonisation” means rearrangement of a frequency range; (b) “re-farming” means repurposing of a frequency range for a different use, other than that for which it is used by an existing assignee. **6. Technologically neutral use of spectrum.—The Central Government may enable the utilisation** of the spectrum in a flexible, liberalised and technologically neutral manner, subject to such terms and conditions, including applicable fees and charges, as may be prescribed. **7. Optimal utilisation of spectrum.—(1) The Central Government may, to promote optimal use of** the available spectrum, assign a particular part of a spectrum that has already been assigned to an entity, known as the primary assignee, to one or more additional entities, known as the secondary assignees, where such secondary assignment does not cause harmful interference in the use of the relevant part of the spectrum by the primary assignee, subject to such terms and conditions as may be prescribed. (2) The Central Government may, notwithstanding anything contained in any other law for the time being in force, after providing a reasonable opportunity of being heard to the assignee concerned, determines that any assigned spectrum has remained unutilised for insufficient reasons for such period as may be prescribed, terminate such assignment, or a part of such assignment, or prescribe further terms and conditions relating to spectrum utilisation. 7 ----- **8. Establishment of monitoring and enforcement mechanism.—(1) The Central Government may** establish by notification, such monitoring and enforcement mechanism as it may deem fit to ensure adherence to terms and conditions of spectrum utilisation and enable interference-free use of the assigned spectrum. (2) The Central Government may permit the sharing, trading, leasing and surrender of assigned spectrum, subject to the terms and conditions, including applicable fees or charges, as may be prescribed. **9. No refund of fees.—No person shall be entitled to the refund of any fees or charges paid in respect** of or under an authorisation or assignment granted under this Act, if such authorisation or assignment is suspended, curtailed, revoked or varied. CHAPTER III RIGHT OF WAY FOR TELECOMMUNICATION NETWORK **10. Definition of terms used in this Chapter.—For the purpose of this Chapter,—** (a) “facility provider” means the Central Government or any authorised entity, including any contractor or sub-contractor or agent working for the Central Government or authorised entity, and shall include their successor or assignee; (b) “public entity” means,— (i) the Central Government; (ii) the State Government; (iii) local authority; (iv) any authority, body, company or institution incorporated or established by the Central Government or the State Government, or under any statute; or (v) any non-government entity vested with the ownership, control or management of any public facility or class of public facilities, as may be notified by the Central Government; (c) “public property” means any property, whether movable or immovable including any machinery, which is owned by, or in the possession of, or under the control or management of any public entity. **11. Right of way for telecommunication network in public property.—(1) Any facility provider** may submit an application to a public entity under whose ownership, control or management, the public property is vested, to seek permissions for right of way for telecommunication network under, over, along, across, in or upon such public property. (2) On receipt of an application from a facility provider under sub-section (1), the public entity shall, subject to the provisions of sub-section (4), grant permission for all or any of the following acts, namely:— (a) survey such property for the purpose of assessing the feasibility for establishing telecommunication network; or (b) enter the property from time to time to establish, operate, maintain, repair, replace, augment, remove or relocate any telecommunication network. (3) The public entity shall grant permission under sub-section (2) in an expeditious manner and within such timelines as may be prescribed, and subject to such administrative expenses and compensation for right of way, which shall not exceed such amount as may be prescribed. (4) Any rejection of an application under sub-section (1) shall be based on reasonable grounds to be recorded in writing. 8 ----- (5) The facility provider shall do as little damage as possible to the public property, and ensure that the functionality and continuity of operations over such public property is not adversely affected, while undertaking any of the activities for which permission has been granted under sub-section (2). (6) If any damage is caused to the property, the facility provider shall, at the option of the public entity, either,— (a) restore such property to its state as existed prior to the undertaking of such activities; or (b) pay compensation for such damage as may be mutually agreed. (7) The provisions of this section shall be applicable to any public property vested for such projects or class of projects as notified by the Central Government, in respect of which, applications under sub-section (1) shall be made to the public entity granting the concession, contract or permission for such projects. **12. Right of way for telecommunication network on property not covered under** **section 11.—(1) Any facility provider may submit an application to the person under whose ownership,** control or management of property not covered under section 11 is vested, to seek right of way for telecommunication network under, over, along, across, in or upon such property. (2) On receipt of an application from a facility provider, the person receiving the application may enter into an agreement, specifying consideration as mutually agreed, for— (a) undertaking surveys as may be required by the facility provider for the purpose of assessing the feasibility for establishing telecommunication network; or (b) establishing, operating, maintaining, repairing, replacing, augmenting, removing or relocating any telecommunication network by the facility provider. (3) The facility provider shall do as little damage as possible to the property when undertaking any of the activities for which permission has been granted under sub-section (2). (4) In case of any damage to the property, the facility provider shall restore such property to its state as existed prior to the undertaking of such activities, failing which the person granting permission under sub-section (2), shall be entitled to compensation as may be mutually agreed, for any such damage. (5) The Central Government may by rules provide for the procedure to be followed by a facility provider to enter, survey, establish, operate, maintain, repair, replace or relocate the telecommunication network, including the notice period, the manner of issuance of notice, the framework governing objections by owner or occupier of the property, the manner in which such objections would be resolved, and matters relating to the compensation payable for any damage. (6) If the person under sub-section (2) fails to provide the right of way requested, and the Central Government determines that it is necessary so to do in the public interest, it may, either by itself or through any other authority designated by the Central Government for this purpose, determine that such facility provider shall be permitted the right of way to establish, operate, maintain such telecommunication network, subject to such terms and conditions, including charges for the right of way, and compensation for damage to the property, if any, to be payable to such person as may be prescribed. **13. Non- discriminatory and non- exclusive grant of right of way.—Any person providing right of** way under section 11 or section 12, shall ensure grant of right of way to the facility providers in a non-discriminatory manner and, as far as practicable, on a non-exclusive basis. **14. Telecommunication network distinct from property on which it is installed.—(1) A facility** provider shall not have any right, title or interest in the property on which telecommunication network is established, except the right to use the property as provided under section 11 or section 12. 9 ----- (2) The telecommunication network installed on any property, shall not be subject to any claims, encumbrances, liquidation or the like, relating to such property. (3) The telecommunication network installed on any property, shall not be considered as part of such property, including for the purposes of any transaction related to that property, or any property tax, levy, cess, fees or duties as may be applicable on that property. (4) Notwithstanding anything contained in any other law for the time being in force, no public entity, except with the permission of an officer authorised by the Central Government for this purpose, shall have the authority to take any coercive action, such as sealing, preventing access, or forcible shutdown of the telecommunication network established by an authorised entity, except where such actions may be necessary to deal with any natural disaster or public emergency. **15. Power of Central Government to establish common ducts and cable corridors.—(1) The** Central Government may notify infrastructure projects or class of infrastructure projects, whether being developed by a public entity by itself, through a public private partnership or by any other person, that may require establishment of common ducts or conduits or cable corridors, for installation of telecommunication network. (2) The telecommunication network referred to in sub-section (1) shall be made available on open access basis to facility providers, subject to such terms and conditions, including fees and charges, as may be prescribed. **16. Removal, relocation or alteration of telecommunication network.—(1) Where, under** section 11 or section 12, telecommunication network has been placed by the facility provider, under, over, along, across, in or upon any property, and any person entitled to do so desires to deal with that property in such a manner so as to render it necessary or convenient that the telecommunication network should be removed or relocated to another part thereof or to a higher or lower level or altered in form, he may require the facility provider to remove, relocate or alter the telecommunication network accordingly. (2) If compensation has been paid under sub-section (6) of section 11, or sub-section (4) of section 12, such person shall, when making the requisition under sub-section (1), tender to the facility provider the amount requisite to defray the expense of the removal, relocation or alteration on such terms as may be mutually agreed. (3) If any dispute arises under this Chapter, the matter shall be determined by the authority referred to in sub-section (2) of section 18. (4) If the facility provider omits to comply with the requisition, the person making such requisition, may apply to the District Magistrate within whose jurisdiction the property is situated, to order the relocation or alteration. (5) The District Magistrate receiving the application may, at its discretion and for reasons to be recorded in writing, approve or reject such relocation or alteration, subject to such conditions as it determines fit, including the relocation of the telecommunication network to any other part of the property or to a higher or lower level or for the alteration of its form, and the order so made shall be final. **17. Notice to facility provider.—(1) Any person desiring to exercise his right to deal with his** property in such a manner as is likely to cause damage or to interrupt or interfere with the telecommunication network established under the provisions of this Act, or to interrupt or interfere with telecommunication services, shall give prior notice of such duration and in such manner, as may be prescribed, to the facility provider, the Central Government or to any authority that may be notified by the Central Government. (2) The facility provider shall respond to such notice with details of such telecommunication network and precautionary measures to be undertaken, within such timelines as may be prescribed. 10 ----- (3) Where a person referred to in sub-section (1) gives a notice of his exercise of the right relating to his property with the bona _fide intention of averting imminent danger of personal injury to himself or any_ other person, such person shall be deemed to have complied with the provisions of the said sub-section. (4) Any person who fails to comply with the provisions of sub-section (1), or deals with any property in such a manner as is likely to cause, or causes, damage to any telecommunication network, or is likely to interrupt or interfere, or interrupts or interferes with telecommunication services, a District Magistrate may, on the application of the facility provider, order such person to abstain from dealing with such property in such manner for a period not exceeding one month from the date of his order and forthwith to take such action with regard to such property as may be in the opinion of the District Magistrate necessary to remedy or prevent such damage, interruption or interference during such period. (5) If any dispute arises relating to damages, the matter shall be determined by the authority referred to under sub-section (2) of section 18. **18. Dispute resolution relating to this Chapter.—(1) The District Magistrate, or any other** authority as notified by the Central Government, within whose jurisdiction the property is situated, shall have the exclusive powers to resolve any disputes under this Chapter, except for disputes referred to under sub-section (2) of this section. (2) If any dispute arises relating to compensation under sub-section (6) of section 11, sub-section (2) and sub-section (4) of section 12, and sub-section (5) of section 17, it shall, on an application made for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situated, be determined by him. (3) Every determination of a dispute by a District Magistrate or District Judge under this section, shall be final. (4) Nothing in sub-section (3) shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the facility provider, from the person who has received the same. CHAPTER IV STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF TELECOMMUNICATION NETWORKS **19. Power to notify standards.—The Central Government may notify standards and conformity** assessment measures in respect of— (a) telecommunication equipment, telecommunication identifiers and telecommunication network; (b) telecommunication services, in consonance with any regulations notified by the Telecom Regulatory Authority of India from time to time; (c) manufacture, import, distribution and sale of telecommunication equipment; (d) telecommunication security, including identification, analysis and prevention of intrusion in telecommunication services and telecommunication networks; (e) cyber security for telecommunication services and telecommunication networks; and (f) encryption and data processing in telecommunication. **20. Provisions for public emergency or public safety.—(1) On the occurrence of any public** emergency, including disaster management, or in the interest of public safety, the Central Government or a State Government or any officer specially authorised in this behalf by the Central Government or a State Government, if satisfied that it is necessary or expedient so to do, by notification— 11 ----- (a) take temporary possession of any telecommunication service or telecommunication network from an authorised entity; or (b) provide for appropriate mechanism to ensure that messages of a user or group of users authorised for response and recovery during public emergency are routed on priority. (2) On the occurrence of any public emergency or in the interest of public safety, the Central Government or a State Government or any officer specially authorised in this behalf by the Central Government or a State Government, may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty and integrity of India, defence and security of the State, friendly relations with foreign States, public order, or for preventing incitement to the commission of any offence, subject to such procedure and safeguards as may be prescribed, and for reasons to be recorded in writing, by order— (a) direct that any message or class of messages, to or from any person or class of persons, to or from any telecommunication equipment or class of telecommunication equipment, or relating to any particular subject, brought for transmission by, or transmitted or received by any telecommunication service or telecommunication network, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed in intelligible format to the officer mentioned in such order; or (b) direct that any telecommunication service or class of telecommunication services to or from any person or class of persons, to or from any telecommunication equipment or class of telecommunication equipment, or relating to any particular subject, transmitted or received by any telecommunication service or telecommunication network, shall be suspended. (3) The press messages, intended to be published in India, of correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under clause (a) of sub-section (2). (4) The action specified under sub-section (1), sub-section (2) and sub-section (3) shall be for such duration and in such manner as may be prescribed. **21. Measures for national security, etc.—The Central Government may, if satisfied that it is** necessary or expedient so to do, in the interest of national security, friendly relations with foreign States, or in the event of war, by notification take such measures as are necessary in the circumstances of the case, including issuing directions in respect of the following, namely:— (a) use of telecommunication equipment, telecommunication services, telecommunication network and telecommunication identifiers; (b) standards applicable to manufacture, import and distribution of telecommunication equipment; (c) standards to be adopted by authorised entities or assignees; (d) procurement of telecommunication equipment and telecommunication services only from trusted sources; (e) suspension, removal or prohibition of the use of specified telecommunication equipment and telecommunication services from countries or person as may be notified; or (f) taking over the control and management of, or suspending the operation of, or entrusting any authority of the Central Government to manage any or all of any telecommunication services, or any telecommunication network or part thereof, connected with such telecommunication services. 12 ----- **22. Protection of telecommunication network and telecommunication services.—(1) The Central** Government may by rules provide for the measures to protect and ensure cyber security of telecommunication networks and telecommunication services. (2) The measures may include collection, analysis and dissemination of traffic data that is generated, transmitted, received or stored in telecommunication networks. _Explanation.—For the purposes of this sub-section, the expression “traffic data” means any data_ generated, transmitted, received or stored in telecommunication networks including data relating to the type, routing, duration or time of a telecommunication. (3) The Central Government may, by notification in the Official Gazette, declare any telecommunication network, or part thereof, as Critical Telecommunication Infrastructure, disruption of which shall have debilitating impact on national security, economy, public health or safety. (4) The Central Government may by rules provide for the standards, security practices, upgradation requirements and procedures to be implemented for such Critical Telecommunication Infrastructure. **23. Power to give directions.—If it appears necessary or expedient so to do in the public interest, the** Central Government may direct any authorised entity to transmit in its telecommunication services or telecommunication network, specific messages, in such manner as may be specified. CHAPTER V DIGITAL BHARAT NIDHI **24. Establishment of Digital** **_Bharat Nidhi.—(1) The Universal Service Obligation Fund created_** under the Indian Telegraph Act, 1885 (13 of 1885), shall, from the appointed day, be the “Digital Bharat Nidhi”, under the control of the Central Government, and shall be used to discharge functions as set forth in this Act. (2) Any sums of money attributable to the Digital _Bharat Nidhi that is paid pursuant to an_ authorisation under section 3, shall be credited to the Digital Bharat Nidhi. (3) The balance to the credit of the Digital _Bharat Nidhi shall not lapse at the end of the financial_ year. (4) All amounts payable under licences granted prior to the appointed day towards the Universal Service Obligation, shall be deemed to be the amounts payable towards the Digital Bharat Nidhi. **25. Crediting of sum to Consolidated Fund of India.—The sums of money received towards the** Digital Bharat Nidhi under section 24, shall first be credited to the Consolidated Fund of India, and the Central Government may, if Parliament by appropriation made by law in this behalf so provides, credit such proceeds to the Digital Bharat Nidhi from time to time for being utilised exclusively to meet any or all of the following objectives, namely:— (a) support universal service through promoting access to and delivery of telecommunication services in underserved rural, remote and urban areas; (b) support research and development of telecommunication services, technologies, and products; (c) support pilot projects, consultancy assistance and advisory support towards provision of service under clause (a) of this section; (d) support introduction of telecommunication services, technologies, and products. **26. Administration of Digital Bharat Nidhi.—The Digital Bharat Nidhi shall be administered in a** manner, as may be prescribed. 13 ----- CHAPTER VI INNOVATION AND TECHNOLOGY DEVELOPMENT **27. Regulatory sandbox.—The Central Government may, for the purposes of encouraging and** facilitating innovation and technological development in telecommunication, create one or more regulatory sandboxes, in such manner, and for such duration, as may be prescribed. _Explanation.—For the purposes of this section, the expression ““regulatory sandbox”“ refers to a live_ testing environment where new products, services, processes and business models which may be deployed, on a limited set of users, for a specified period of time, with certain relaxations from the provisions of this Act. CHAPTER VII PROTECTION OF USERS **28. Measures for users.—(1) For the purposes of this section, “specified message” means any** message offering, advertising or promoting goods, services, interest in property, business opportunity, employment opportunity or investment opportunity, whether or not— (a) the goods, services, interest, or opportunity are real; or (b) it is lawful to acquire such goods, services, property, interest or take up the opportunity. (2) The Central Government may by rules provide for measures for protection of users, in consonance with any regulations notified by the Telecom Regulatory Authority of India from time to time, including measures such as— (a) the prior consent of users for receiving certain specified messages or class of specified messages; (b) the preparation and maintenance of one or more registers, to be called as “Do Not Disturb” register, to ensure that users do not receive specified messages or class of specified messages without prior consent; or (c) the mechanism to enable users to report any malware or specified messages received in contravention of this section. (3) An authorised entity providing telecommunication services shall establish an online mechanism to enable users to register any grievance pertaining to the telecommunication service, and redressal of such grievances, in such manner as may be prescribed. **29. Duty of users.—No user shall—** (a) furnish any false particulars, suppress any material information, or impersonate another person, while establishing his identity for availing of telecommunication services; or (b) fail to share information as required under this Act. **30. Dispute resolution mechanism to redress user grievances.—(1) The Central Government may** establish or approve one or more online dispute resolution mechanisms for the resolution of disputes between users and authorised entities providing telecommunication services. (2) Every authorised entity providing telecommunication services shall participate in the dispute resolution mechanism established under sub-section (1), and shall comply with such terms and conditions of participation in such mechanism as may be prescribed. (3) This section shall not affect the rights of consumers under the Consumer Protection Act, 2019 (35 of 2019). 14 ----- CHAPTER VIII ADJUDICATION OF CERTAIN CONTRAVENTIONS **31. Definitions of terms used in this Chapter.—For the purposes of this Chapter,—** (a) “Adjudicating Officer” means an officer appointed under section 35; and (b) “Designated Appeals Committee” means the committee appointed under section 36. **32. Breach of terms and conditions of authorisation or assignment.—(1) In case of breach of any** of the terms and conditions of authorisation or assignment granted under this Act, the Adjudicating Officer shall, pursuant to an inquiry under the provisions of this Chapter— (a) pass an order in writing in respect of one or both of the following, namely: — (i) direct such authorised entity, or assignee to do or abstain from doing any act or thing to prevent such breach or for such compliance; (ii) impose civil penalties as specified in the Second Schedule; and (b) make recommendations for the consideration of the Central Government regarding suspension, revocation, or curtailment of the duration of the authorisation or assignment. (2) The Central Government may, after due consideration of the recommendations of the Adjudicating Officer under clause (b) of sub-section (1), suspend, curtail or revoke the authorisation or assignment, as the case may be, which may be reversed if the substantial violation is remedied to the satisfaction of the Central Government. (3) While imposing penalties specified in the Second Schedule under this section and section 33, the Adjudicating Officer shall have due regard to the following factors, namely:— (a) nature, gravity and duration of the contravention, taking into account the scope of the contravention; (b) number of persons affected by such contravention, and the level of harm suffered by them; (c) intentional or negligent character of the contravention; (d) repetitive nature of the contravention; (e) action taken by the concerned person to mitigate the contravention, including by providing a voluntary undertaking under sub-section (1) or sub-section (2) of section 34; (f) revenue loss caused to the Central Government; (g) any aggravating factors relevant to the circumstances of the case, such as the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the contravention; and (h) any mitigating factors relevant to the circumstances of the case, such as the timely rectification of the contravention, or steps taken for the avoidance of loss as a result of the contravention. **33. Contraventions of Act.—(1) The Adjudicating Officer shall, upon receipt of a complaint in such** form, manner and accompanied by such fees as may be prescribed, relating to contravention of this Act as specified in the Third Schedule, or _suo motu, conduct an inquiry under the provisions of this Chapter,_ pass an order in writing specifying the civil penalty up to an amount as specified in the Third Schedule, payable by the person committing such contravention. (2) The provisions of the Third Schedule shall apply to the abetment of, or attempt to commit, or conspiracy to commit such contravention, as they apply to such contravention. 15 ----- **34. Voluntary undertaking for contraventions.—(1) Any authorised entity or assignee committing** the contravention as provided under section 32 or under serial No. 4 of the Third Schedule may, prior to any notice or initiation of process of determination of such contravention, submit a voluntary undertaking to the Adjudicating Officer, disclosing such contravention and measures taken or to be taken to mitigate such contravention. (2) The acceptance of voluntary undertaking given under sub-section (1), subject to the provisions of sub-section (6), shall constitute a bar on proceedings under this Chapter. (3) Where the Adjudicating Officer has reasonable grounds to believe that a contravention as provided under section 32 or under serial No. 4 of the Third Schedule may have occurred, then it shall serve a notice to the authorised entity or assignee concerned under the relevant section. (4) At any time during the process of hearing under sub-section (3), the authorised entity or assignee, may, submit a voluntary undertaking specifying the mitigation measures it proposes to take in respect of such contravention. (5) The acceptance of the voluntary undertaking submitted under sub-section (4), subject to the provisions of sub-section (6), shall be construed as a mitigation measure and shall be duly considered for the purpose of determination of civil penalties under clause (a) of sub-section (1) of section 32, or under serial No. 4 of the Third Schedule. (6) The voluntary undertaking under sub-section (1) or sub-section (4) of this section, may include an undertaking to take a specified action within a specified time; an undertaking to refrain from taking a specified action; and an undertaking to publicise the voluntary undertaking. (7) The Adjudicating Officer may accept the voluntary undertaking under sub-section (1) or sub-section (4), or with the agreement of the authorised entity or assignee providing the voluntary undertaking, vary the terms included in such voluntary undertaking. (8) When the authorised entity or assignee providing a voluntary undertaking fails to comply with any terms of such undertaking, the Adjudicating Officer may, after giving such authorised entity or assignee a reasonable opportunity of being heard, proceed with imposition of civil penalties specified under the Second Schedule or the Third Schedule, as applicable. **35. Adjudicating Officer.—(1) For the purposes of this Chapter, the Central Government shall, by** an order published in the Official Gazette, appoint any officer of the Central Government not below the rank of Joint Secretary as one or more Adjudicating Officers for holding an inquiry in such manner as may be prescribed. (2) The Adjudicating Officer may, upon the holding of such inquiry, pass such order as he deems fit in accordance with the provisions of section 32 or section 33. **36. Designated Appeals Committee.—(1) The Central Government may, by an order published in** the Official Gazette, appoint officers of the Central Government not below the rank of Additional Secretary, as members of one or more Designated Appeals Committee to which any person aggrieved by an order made by the Adjudicating Officer under sub-section (1) of section 32 or under section 33, may prefer an appeal. (2) Every appeal under sub-section (1) shall be filed within a period of thirty days from the date on which the copy of the order made by the Adjudicating Officer is received by the aggrieved person, and shall be in such form, manner and be accompanied by such fees as may be prescribed. 16 ----- **37. Process to be followed by Adjudicating Officer and Designated Appeals Committee.—(1)** The functioning of the Adjudicating Officer and the Designated Appeals Committee shall, as far as possible, be digital by design and they shall function as digital offices and deploy such techno-legal measures as may be prescribed, to enable online process for their functioning. (2) The Adjudicating Officer and Designated Appeals Committee shall have the same powers as a civil court, and all proceedings before it shall be deemed to be judicial proceedings within the meaning of section 193 and 228 of the Indian Penal Code (45 of 1860). **38. Enforcement.—Any order made by the Adjudicating Officer or the Designated Appeals** Committee shall be executable in the same manner as if it were a decree of civil court; and such orders shall be deemed to be final decrees under this section on the expiry of the period allowed for preferring an appeal against such orders as provided in section 36 and section 39. **39. Appeals on matters relating to section 32.—Any person aggrieved by an order of the** Designated Appeals Committee under section 36, in so far as it pertains to matters under sub-section (1) of section 32, or an order of the Central Government under sub-section (2) of section 32, may prefer an appeal to the Telecom Disputes Settlement and Appellate Tribunal constituted under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), within a period of thirty days from the date on which a copy of the order is received by such authorised entity or assignee. **40. Appeals on matters relating to section 33.—Any person aggrieved by an order of the** Designated Appeals Committee under section 36, in so far as it pertains to matters under section 33, may prefer an appeal to any civil court having jurisdiction over the matter. **41. Jurisdiction of civil court barred.—No civil court shall have jurisdiction in respect of any** matter which the Adjudicating Officer, the Designated Appeals Committee, the Central Government or the Telecom Disputes Settlement and Appellate Tribunal are empowered by or under this Chapter to determine. CHAPTER IX OFFENCES **42. General provisions relating to offences.—(1) Whoever provides telecommunication services or** establishes telecommunication network without authorisation under sub-section (1) of section 3, or causes damage to critical telecommunication infrastructure shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend up to two crore rupees, or with both. (2) Whoever directly or indirectly or through personation— (a) gains or attempts to gain unauthorised access to a telecommunication network or to data of an authorised entity or transfers data of an authorised entity; or (b) intercepts a message unlawfully, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend up to two crore rupees, or with both. _Explanation.—For the purposes of this sub-section,—_ (i) the expression “personation” sha1ll have the same meaning as assigned to it under section 416 of the Indian Penal Code (45 of 1860); (ii) data of an authorised entity includes call data records, internet protocol data records, traffic data, subscriber data records and the like. (3) Whoever, — (a) possesses or uses without an authorisation, any equipment that blocks telecommunication; 17 ----- (b) uses telecommunication identifiers not allotted or permitted in accordance with sub-sections (8) and (9) of section 3; (c) tampers with telecommunication identifiers; (d) possesses radio equipment without an authorisation or an exemption that can accommodate more than specified number of subscriber identity modules; (e) obtains subscriber identity modules or other telecommunication identifiers through fraud, cheating or personation; (f) wilfully possesses radio equipment knowing that it uses unauthorised or tampered telecommunication identifiers, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend up to fifty lakh rupees, or with both. (4) Whoever wilfully contravenes any measures specified in the notification on national security under section 21 shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend up to two crore rupees, or with both and the Central Government may, if it deems fit, also suspend or terminate the telecommunication service of such person. (5) Whoever causes damage to telecommunication network, other than critical telecommunication infrastructure shall be liable for compensation for the damage caused and fine which may extend up to fifty lakh rupees. (6) Whoever abets any offence, or attempts to commit, or conspires to commit an offence under this Act, shall if the act abetted or conspired is committed in consequence of such abetment or conspiracy, be punished with the punishment provided for the offence. (7) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences specified under this section shall be cognizable and non-bailable. (8) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate of first class shall try any offence punishable under this Act. **43. Power to search.—Any officer authorised by the Central Government in this behalf, may search** any building, vehicle, vessel, aircraft or place in which he has reason to believe that any unauthorised telecommunication network or telecommunication equipment or radio equipment in respect of which an offence punishable under section 42 has been committed, is kept or concealed and take possession thereof. **44. Supply of information to authorised officers.—Notwithstanding anything contained in any law** for the time being in force, where the Central Government is satisfied that any information, document or record in possession or control of any authorised entity or assignee relating to any telecommunication service, telecommunication network or use of spectrum, availed by any entity or consumer or subscriber is necessary to be furnished in relation to any pending or apprehended civil or criminal proceedings, an officer, specially authorised in writing by the Central Government in this behalf, shall direct such authorised entity or assignee to furnish such information, document or record to him and the authorised entity or assignee shall comply with the direction of such officer. CHAPTER X MISCELLANEOUS **45. Creation of security interests.—The Central Government may provide for such security interest** which an authorised entity may provide to lenders financing such entities on such terms and conditions of such security interest as may be prescribed. 18 ----- **46. Certification of person for operation of radio equipment on a vessel or aircraft.—The** Central Government may grant certification to any person to operate a radio equipment on such class of vessels registered under the Merchant Shipping Act, 1958 (44 of 1958), aircrafts registered under the Aircraft Act, 1934 (22 of 1934) and any other category of vessels or vehicles as may be notified by the Central Government, in accordance with such terms and conditions, including applicable fees and charges, as may be prescribed. **47. Certification for amateur station operator.—The Central Government may by rules provide for** the manner of certification of person to install and operate an amateur station and such rules may specify the qualifications and terms and conditions subject to which, a certification for operating an amateur station may be granted, including through conduct of examinations for granting such certification, the fees and charges to be paid thereof, and other connected matters. _Explanation.—For the purposes of this section,_ (a) “amateur services” means radio communication services for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, by duly authorised person interested in radio technique solely with a personal aim and without any pecuniary interest; (b) “amateur station” means a radio station operated by an amateur for amateur services. **48. Prohibition of use of equipment which blocks telecommunication.—No person shall possess** or use any equipment that blocks telecommunication unless permitted by the Central Government, or any authority authorised for specific purpose by the Central Government. **49. Penalties not to affect other liabilities.—(1) The penalties imposed pursuant to the provisions** of Chapter VIII or Chapter IX, shall be in addition to, and not in derogation of, any liability in respect of payment of compensation or payment of any fees or charges due by an authorised entity or assignee. (2) The provisions of this Act are in addition to and without prejudice to any other liability which a person may have incurred under any other law for the time being in force. **50. Act to apply for offence or contravention committed outside India.—This Act shall apply to** any offence committed or contravention made outside India by any person if the act or conduct constituting such offence or contravention involves a telecommunication service provided in India, or telecommunication equipment or telecommunication network located in India. **51. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government, the State Government, or any other authority under this Act or any person acting on their behalf, as the case may be, for anything which is done in good faith, or intended to be done in pursuance of this Act or any rule, regulation or order made thereunder. **52. Consistency with other laws.—(1) The provisions of this Act shall be in addition to, and not be** construed in derogation of the provisions of any other law, and shall be construed as consistent with such law, for the time being in force. (2) If any conflict arises between a provision of this Act and a provision of any other law for the time being in force in the whole of India or restricted to the application within the territory of any State, the provision of this Act shall prevail to the extent of such conflict. **53. Implementation of Act.—The implementation of the Act shall be digital by design and the** Central Government shall take any such measures as necessary to enable the digital implementation of the Act. **54. Employee of authorised entity not to be compelled to appear as witness.—No employee of an** authorised entity shall, in any legal proceeding to which such authorised entity is not a party, be compelled to appear as a witness to prove the information contained in any electronic records submitted 19 ----- under sub-section (4) of section 65B of the Indian Evidence Act, 1872 (1 of 1872), except as required by order of the Court or a Judge made for special cause. **55. Rights in Continental Shelf and Exclusive Economic Zone.—The privilege of the Central** Government to grant authorisations or assignment under this Act in the Continental Shelf and the Exclusive Economic Zone of India and the rights of an authorised entity or assignee, as the case may be, shall be subject to the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), and applicable international laws as accepted and ratified by India. **56. Power of Central Government to make rules.—(1) The Central Government may, by** notification, and subject to the condition of previous publication, make rules not inconsistent with the provisions of this Act, to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the terms and conditions, including fees or charges for obtaining authorisation under sub-section (1) of section 3; (b) the manner of exemption for providing authorisation under sub-section (3) of section 3; (c) the terms and conditions, including fees and charges, applicable to the original authorised entity that emerges pursuant to any merger, demerger, acquisition, or other forms of restructuring, under sub-section (5) of section 3; (d) the terms and conditions for migration under sub-section (6) of section 3; (e) the verifiable biometric based identification to be used by an authorised entity of telecommunication services under sub-section (7) of section 3; (f) the terms and conditions, including fees or charges for allotment of telecommunication identifiers for use by authorised entities under sub-section (8) of section 3; (g) the terms and conditions for the assignment of spectrum, including the frequency range, methodology for pricing, price, fees and charges, payment mechanism, duration and procedure under sub-section (3) of section 4; (h) the manner of exemptions for assignment of spectrum under sub-section (7) of section 4; (i) the terms and conditions for re-farming and harmonisation under section 5; (j) the terms and conditions, including applicable fees and charges, and any other relevant condition subject to which the utilisation of the spectrum in a flexible, liberalised and technologically neutral manner under section 6; (k) the terms and conditions for optimal utilisation of spectrum under sub-section (1) of section 7; (l) the period of unutilised spectrum for insufficient reasons and further terms and conditions relating to spectrum utilisation under sub-section (2) of section 7; (m) the terms and conditions, including applicable fees or charges for sharing, trading, leasing and surrender of assigned spectrum, under sub-section (2) of section 8; (n) ) the timeline for granting permission for right of way for telecommunication network in public property; and the amount for administrative expenses and compensation for right of way under sub-section (3) of section 11; (o) the procedure to be followed by a facility provider to enter, survey, establish, operate, maintain, repair, replace or relocate the telecommunication network, including the notice period, the 20 ----- manner of issuance of notice, the framework governing objections by owner or occupier of the property, the manner in which such objections would be resolved, and matters relating to the compensation payable for any damage under sub-section (5) of section 12; (p) the terms and conditions, including charges for right of way, and compensation for damage to the property, under sub-section (6) of section 12; (q) the terms and conditions, including fees and charges subject to which the telecommunication network to be made available on open access basis to facility providers under sub-section (2) of section 15; (r) the procedure and manner for giving prior notice under sub-section (1) of section 17; (s) the timeline for responding the notice with details of telecommunication network and precautionary measures to be undertaken by the facility provider under sub-section (2) of section 17; (t) the procedure and safeguards for public emergency or public safety under sub-section (2) of section 20; (u) the duration and manner of taking action for public emergency or public safety under sub-section (4) of section 20; (v) the measures to protect and ensure cyber security of, telecommunication networks and telecommunication services under sub-section (1) of section 22; (w) the standards, security practices, upgradation requirements and procedures to be implemented for the Critical Telecommunication Infrastructure under sub-section (4) of section 22; (x) the manner for administration of Digital Bharat Nidhi under section 26; (y) the manner and duration for creating Regulatory Sandbox under section 27; (z) the measures for protection of users under sub-section (2) of section 28; (za) the manner for registration of any grievance and redressal of such grievances pertaining to the telecommunication service under sub-section (3) of section 28; (zb) the terms and conditions for participating in the dispute resolution mechanism under sub-section (2) of section 30; (zc) the form, manner and fees to be accompanied with the complaint under sub-section (1) of section 33; (zd) the manner for holding inquiry by the Adjudicating Officer under sub-section (1) of section 35; (ze) the form, manner and fees for filing an appeal before the Designated Appeals Committee under sub-section (2) of section 36; (zf) the techno-legal measures for functioning of the Adjudicating Officer and the Designated Appeals Committee under sub-section (1) of section 37; (zg) the terms and conditions of security interest under section 45; (zh) the terms and conditions, including applicable fees and charges for granting certificates under section 46; (zi) the manner of certification, qualification, and terms and conditions, including fees and charges for the examination for amateur station operator under section 47; (zj) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules. 21 ----- (3) Every rule made under this Act and amendment to the Schedule made under section 57 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or amendment to the Schedule or both Houses agree that the rule or amendment to the Schedule should not be made, the rule or amendment to the Schedule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or amendment to the Schedule. **57. Power of Central Government to amend Schedules.—(1) Subject to the provisions of this** section, the Central Government may, by notification, — (a) amend the First Schedule; (b) amend the Second Schedule or the Third Schedule: Provided that penalty or civil penalty specified in such Schedules shall be not exceeding ten crore rupees. (2) Any amendment made under sub-section (1) shall have effect as if enacted in this Act and shall come into force on the date of the notification, unless the notification otherwise directs. **58.** **Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may be necessary or expedient, for removing the difficulty: Provided that no order shall be made under this section after the expiration of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each # House of Parliament. **59. Amendment to Act 24 of 1997.—In the Telecom Regulatory Authority of India Act, 1997, —** (a) in section 2, — (i) in sub-section (1),— (A) for clause (e), the following clause shall be substituted, namely:— ‘(e) “licensee” means an authorised entity providing telecommunication services under the Telecommunications Act, 2023, or registered for providing cable television network under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) or any other Act for the time being in force;'; (B) for clause (ea), the following clause shall be substituted, namely:— ‘(ea) “licensor” means the Central Government which grants an authorisation for telecommunication services under the Telecommunications Act, 2023, or registration under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) or any other Act for the time being in force;'; (C) after clause (j), the following clause shall be inserted, namely: — ‘(ja) “telecommunication” shall have the meaning as assigned to it in the Telecommunications Act, 2023;’; (D) for clause (k), the following clause shall be substituted, namely:— 22 ----- ‘(k) “telecommunication services” means any service for telecommunication;’; (ii) in sub-section (2), for the words and figures “the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933)”, the words, figures and brackets “the Telecommunications Act, 2023 or the Cable Television Networks (Regulation) Act, 1995 (7 of 1995)” shall be substituted; (b) in section 4, for the proviso, the following provisos shall be substituted, namely:— “Provided that a person who is, or has been, in the service of Government shall not be appointed— (a) as a Chairperson unless such person has held the post of Secretary to the Government of India or any equivalent post in the Central Government or the State Government; or (b) as a member unless such person has held the post of Additional Secretary to the Government of India or any equivalent post in the Central Government or the State Government: Provided further that a person who is, or has been, in a service other than that of Government, shall be appointed— (a) as a Chairperson if such person has at least thirty years of professional experience and has served as a member of the board of directors or a chief executive of a company in the areas as specified in this section; or (b) as a Member if such person has at least twenty-five years of professional experience and has served as a member of the board of directors or chief executive of a company in the areas as specified in this section.”; (c) in section 11,— (i) in sub-section (1), — (A) for the words and figures “Indian Telegraph Act, 1885 (13 of 1885)”, the words, figures and brackets “Telecommunications Act, 2023 or the Cable Television Networks (Regulation) Act, 1995 (7 of 1995)” shall be substituted; (B) in the fifth proviso, for the portion beginning with the words “may, within fifteen days from the date of receipt” and ending with the words “take a final decision”, the following shall be substituted, namely:— “shall, within thirty days from the date of receipt of such reference communicate to the Central Government any further recommendations that it may have, after considering the reference made by the Central Government and after receipt of further recommendation if any, the Central Government shall take a final decision.”; (ii) in sub-section (2),— (A) for the words and figures “Indian Telegraph Act, 1885 (13 of 1885)”, the words, figures and brackets “Telecommunications Act, 2023 or the Cable Television Networks (Regulation) Act, 1995 (7 of 1995)” shall be substituted; (B) after the proviso, the following proviso shall be inserted, namely:— “Provided further that the Authority may direct an authorised entity or class of authorised entities providing telecommunication services, to abstain from predatory pricing that is harmful to competition, long term development and the overall health of the telecommunication sector.”; 23 ----- (d) in section 14, in clause (a),— (i) sub-clause (i) shall be omitted; (ii) for paragraph (C), the following shall be substituted, namely:— “(C) any disputes to be adjudicated by the Adjudicating Officer or the Designated Appeals Committee under the Telecommunications Act, 2023; (iii) after clause (c), the following clause shall be inserted, namely:— “(d) hear and dispose of appeals under section 39 of the Telecommunications Act, 2023. Any action instituted under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) and pending immediately before the appointed day in the Telecom Disputes Settlement and Appellate Tribunal, shall continue to be heard and disposed of by the Telecom Disputes Settlement and Appellate Tribunal as if this Act had not been passed;”; (e) for section 38, the following section shall be substituted, namely:— “38. Application of certain laws.—The provisions of this Act shall be in addition to the provisions of the Telecommunications Act, 2023 and, in particular, nothing in this Act shall affect any jurisdiction, powers and functions required to be exercised or performed by the appropriate authority in relation to any area falling within the jurisdiction of such authority.”. CHAPTER XI REPEAL AND SAVINGS **60. Repeal of certain Acts and savings.—(1) Subject to the other provisions of this section, the** enactments namely, the Indian Telegraph Act, 1885 (13 of 1885), and the Indian Wireless Telegraphy Act, 1933 (17 of 1933), are hereby repealed. (2) Notwithstanding the repeal of the provisions aforesaid, anything done or any action taken including any grant of license, registration or assignment, any order, or proceeding, pending or ongoing, under the repealed provisions shall be deemed to have been done or taken under this Act, and the provisions of this Act shall have effect in relation thereto. (3) The provisions of Part-III of the Indian Telegraph Act, 1885 (13 of 1885) shall continue to apply to all cases pertaining to laying down of transmission lines under section 164 of the Electricity Act, 2003 (36 of 2003) as if the Indian Telegraph Act, 1885 has not been repealed, and the provisions of Part-III of the Indian Telegraph Act, 1885 shall continue in force with reference to section 164 of the Electricity Act, 2003 till such time as section 164 of the Electricity Act, 2003 is amended. **61. Existing rules to continue.—All rules, orders, made or purported to have been made under the** Indian Telegraph Act, 1885 (13 of 1885) or under the Indian Wireless Telegraphy Act, 1933 (17 of 1933), shall, in so far as they relate to matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have been made under this Act as if this Act had been in force on the date on which such rules, orders were made, and shall continue in force unless and until they are superseded by any rules made under this Act. **62. Validation of certain acts and indemnity.—All acts of executive actions done, decisions taken,** actions done, proceedings taken and orders passed, prior to the appointed day, by the Central Government, by any officer of the Central Government, or by any other authority, with respect to assignment of spectrum or provision of telecommunication services, or telecommunication network or establishment of telecommunication infrastructure, in the belief or purported belief that the acts done, decisions taken, actions done, and proceedings taken, were being done, taken or passed under the Indian Telegraph Act, 1885 (13 of 1885), or the Indian Wireless Telegraphy Act, 1933 (17 of 1933), shall be as valid and operative as if they had been done, taken or passed in accordance with law; and no suit or other 24 ----- legal proceeding shall be maintained or continued against any person whatsoever, on the ground that any such acts, decisions, proceedings taken were not done or taken in accordance with law 25 ----- THE FIRST SCHEDULE [See sections 4 (4), (5) and 57(1)] ASSIGNMENT OF SPECTRUM THROUGH ADMINISTRATIVE PROCESS 1. National security and defence. 2. Law enforcement and crime prevention. 3. Public broadcasting services. 4. Disaster management, safeguarding life and property. 5. Promoting scientific research, resource development, and exploration. 6. Safety and operation of roads, railways, metro, regional rail, inland waterways, airports, ports, pipelines, shipping, and other transport systems. 7. Conservation of natural resources and wildlife. 8. Meteorological department and weather forecasting. 9. Internationally recognised dedicated bands for amateur stations, navigation, telemetry, and other like usages. 10. Use by Central Government, State Governments, or their entities or other authorised entities for safety and operations of mines, ports and oil exploration and such other activities where the use of spectrum is primarily for supporting the safety and operations. 11. Public Mobile Radio Trunking Services. 12. Radio backhaul for telecommunication services. _Explanation.—The term "radio backhaul" shall mean the use of radio frequency only to_ _interconnect telecommunication equipment, other than the customer equipment in telecommunication_ _networks._ 13. Community Radio Stations. 14. In-flight and maritime connectivity. 15. Space research and application, launch vehicle operations and ground station for satellite control. 16. Certain satellite-based services such as: Teleports, Television channels, Direct To Home, Headend In The Sky, Digital Satellite News Gathering, Very Small Aperture Terminal, Global Mobile Personal Communication by Satellites, National Long Distance, International Long Distance, Mobile Satellite Service in L and S bands. 17. Use by Central Government, State Governments or their authorised agencies for telecommunication services. 18. Bharat Sanchar Nigam Limited (BSNL) and Mahanagar Telephone Nigam Limited (MTNL). 19. Testing, trial, experimental, demonstration purposes for enabling implementation of new technologies, including for creation of one or more Regulatory Sandboxes. 26 ----- THE SECOND SCHEDULE [See sections 32(1) (a) and 34 (8)] CIVIL PENALTIES FOR BREACH OF TERMS AND CONDITIONS UNDER SECTIONS 32 AND 34. **Categorisation** **Civil Penalty** Severe Up to Rs. 5 Crore Major Up to Rs. 1 Crore Moderate Up to Rs. 10 lakh Minor Up to Rs. 1 lakh Non-severe Written warning. 27 ----- THE THIRD SCHEDULE [See sections 33(1), (2), 34(1), (3), (5) and 34(8)] CIVIL PENALTIES FOR CERTAIN CONTRAVENTIONS **Sl. No.** **Contravention under the Act** **Civil Penalty** 1. (a) Possessing radio equipment without an authorisation or an exemption, except for the offence under clauses (d) and (f) of sub-section (3) of section 42; First Offence: Civil penalty up to fifty thousand rupees. (b) Use of subscriber identity modules in excess of number Each subsequent offence: Civil notified. penalty up to two lakh rupees for each such instance. 2. Use by any person or entity of a telecommunication service or telecommunication network knowing or having reason to believe that such telecommunication service or telecommunication network does not have the required authorisation under this Act Civil penalty up to ten lakh rupees. 3. Contravention of the provisions of section 28 (Measures First Offence: Civil penalty up to for protection of users). fifty thousand rupees. Each subsequent offence: Civil penalty up to two lakh rupees for each such instance, or suspension of telecommunication service, or a combination thereof 4. Contravention of any provision of this Act or rules, or any terms or conditions of an assignment or authorisation in relation to any matter under this Act, for which no penalty or punishment is provided elsewhere in this Act. 28 First Offence: Civil penalty up to twenty-five thousand rupees. Second or subsequent offence: Further Civil penalty up to fifty thousand rupees for every day after the first during which the contravention continues. -----

25-Dec-2023

45

The Bharatiya Nyaya Sanhita, 2023

https://www.indiacode.nic.in/bitstream/123456789/20062/1/a2023-45.pdf

central

THE BHARATIYA NYAYA SANHITA, 2023 ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, commencement and application. 2. Definitions. 3. General explanations. CHAPTER II OF PUNISHMENTS 4. Punishments. 5. Commutation of sentence. 6. Fractions of terms of punishment. 7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. 8. Amount of fine, liability in default of payment of fine, etc. 9. Limit of punishment of offence made up of several offences. 10. Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which. 11. Solitary confinement. 12. Limit of solitary confinement. 13. Enhanced punishment for certain offences after previous conviction. CHAPTER III GENERAL EXCEPTIONS 14. Act done by a person bound, or by mistake of fact believing himself bound, by law. 15. Act of Judge when acting judicially. 16. Act done pursuant to judgment or order of Court. 17. Act done by a person justified, or by mistake of fact believing himself justified, by law. 18. Accident in doing a lawful act. 19. Act likely to cause harm, but done without criminal intent, and to prevent other harm. 20. Act of a child under seven years of age. 21. Act of a child above seven and under twelve years of age of immature understanding. 22. Act of a person of unsound mind. 23. Act of a person incapable of judgment by reason of intoxication caused against his will. 24. Offence requiring a particular intent or knowledge committed by one who is intoxicated. 1 ----- SECTIONS 25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. 26. Act not intended to cause death, done by consent in good faith for person's benefit. 27. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian. 28. Consent known to be given under fear or misconception. 29. Exclusion of acts which are offences independently of harm caused. 30. Act done in good faith for benefit of a person without consent. 31. Communication made in good faith. 32. Act to which a person is compelled by threats. 33. Act causing slight harm. _Of right of private defence_ 34. Things done in private defence. 35. Right of private defence of body and of property. 36. Right of private defence against act of a person of unsound mind, etc. 37. Acts against which there is no right of private defence. 38. When right of private defence of body extends to causing death. 39. When such right extends to causing any harm other than death. 40. Commencement and continuance of right of private defence of body. 41. When right of private defence of property extends to causing death. 42. When such right extends to causing any harm other than death. 43. Commencement and continuance of right of private defence of property. 44. Right of private defence against deadly assault when there is risk of harm to innocent person. CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT _of abetment_ 45. Abetment of a thing. 46. Abettor. 47. Abetment in India of offences outside India. 48. Abetment outside India for offence in India. 49. Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment. 50. Punishment of abetment if person abetted does act with different intention from that of abettor. 51. Liability of abettor when one act abetted and different act done. 52. Abettor when liable to cumulative punishment for act abetted and for act done. 53. Liability of abettor for an effect caused by act abetted different from that intended by abettor. 54. Abettor present when offence is committed. 2 ----- SECTIONS 55. Abetment of offence punishable with death or imprisonment for life. 56. Abetment of offence punishable with imprisonment. 57. Abetting commission of offence by public or by more than ten persons. 58. Concealing design to commit offence punishable with death or imprisonment for life. 59. Public servant concealing design to commit offence which it is his duty to prevent. 60. Concealing design to commit offence punishable with imprisonment. _Of criminal conspiracy_ 61. Criminal conspiracy. _Of attempt_ 62. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. CHAPTER V # OF OFFENCES AGAINST WOMAN AND CHILD _Of sexual offences_ 63. Rape. 64. Punishment for rape. 65. Punishment for rape in certain cases. 66. Punishment for causing death or resulting in persistent vegetative state of victim. 67. Sexual intercourse by husband upon his wife during separation. 68. Sexual intercourse by a person in authority. 69. Sexual intercourse by employing deceitful means, etc. 70. Gang rape. 71. Punishment for repeat offenders. 72. Disclosure of identity of victim of certain offences, etc. 73. Printing or publishing any matter relating to Court proceedings without permission. _Of criminal force and assault against woman_ 74. Assault or use of criminal force to woman with intent to outrage her modesty. 75. Sexual harassment. 76. Assault or use of criminal force to woman with intent to disrobe. 77. Voyeurism. 78. Stalking. 79. Word, gesture or act intended to insult modesty of a woman. _Of offences relating to marriage_ 80. Dowry death. 3 ----- # SECTIONS 81. Cohabitation caused by man deceitfully inducing belief of lawful marriage. 82. Marrying again during lifetime of husband or wife. 83. Marriage ceremony fraudulently gone through without lawful marriage. 84. Enticing or taking away or detaining with criminal intent a married woman. 85. Husband or relative of husband of a woman subjecting her to cruelty. 86. Cruelty defined. 87. Kidnapping, abducting or inducing woman to compel her marriage, etc. _Of causing miscarriage, etc._ 88. Causing miscarriage. 89. Causing miscarriage without woman's consent. 90. Death caused by act done with intent to cause miscarriage. 91. Act done with intent to prevent child being born alive or to cause to die after birth. 92. Causing death of quick unborn child by act amounting to culpable homicide. _Of offences against child_ 93. Exposure and abandonment of child under twelve years of age, by parent or person having care of it. 94. Concealment of birth by secret disposal of dead body. 95. Hiring, employing or engaging a child to commit an offence. 96. Procuration of child. 97. Kidnapping or abducting child under ten years of age with intent to steal from its person. 98. Selling child for purposes of prostitution, etc. 99. Buying child for purposes of prostitution, etc. # CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY _Of offences affecting life_ 100. Culpable homicide. 101. Murder. 102. Culpable homicide by causing death of person other than person whose death was intended. 103. Punishment for murder. 104. Punishment for murder by life-convict. 105. Punishment for culpable homicide not amounting to murder. 106. Causing death by negligence. 107. Abetment of suicide of child or person of unsound mind. 108. Abetment of suicide. 109. Attempt to murder. 110. Attempt to commit culpable homicide. 4 ----- SECTIONS 111. Organised crime. 112. Petty organised crime. 113. Terrorist act. 114. Hurt. 115. Voluntarily causing hurt. 116. Grievous hurt. 117. Voluntarily causing grievous hurt. _Of hurt_ 118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means. 119. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act. 120. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property. 121. Voluntarily causing hurt or grievous hurt to deter public servant from his duty. 122. Voluntarily causing hurt or grievous hurt on provocation. 123. Causing hurt by means of poison, etc., with intent to commit an offence. 124. Voluntarily causing grievous hurt by use of acid, etc. 125. Act endangering life or personal safety of others. _Of wrongful restraint and wrongful confinement_ 126. Wrongful restraint. 127. Wrongful confinement. _Of criminal force and assault_ 128. Force. 129. Criminal force. 130. Assault. 131. Punishment for assault or criminal force otherwise than on grave provocation. 132. Assault or criminal force to deter public servant from discharge of his duty. 133. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation. 134. Assault or criminal force in attempt to commit theft of property carried by a person. 135. Assault or criminal force in attempt to wrongfully confine a person. 136. Assault or criminal force on grave provocation. _Of kidnapping, abduction, slavery and forced labour_ 137. Kidnapping. 138. Abduction. 139. Kidnapping or maiming a child for purposes of begging. 140. Kidnapping or abducting in order to murder or for ransom, etc. 141. Importation of girl or boy from foreign country. 5 ----- SECTIONS 142. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. 143. Trafficking of person. 144. Exploitation of a trafficked person. 145. Habitual dealing in slaves. 146. Unlawful compulsory labour. # CHAPTER VII OF OFFENCES AGAINST THE STATE 147. Waging, or attempting to wage war, or abetting waging of war, against Government of India. 148. Conspiracy to commit offences punishable by section 147. 149. Collecting arms, etc., with intention of waging war against Government of India. 150. Concealing with intent to facilitate design to wage war. 151. Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power. 152. Act endangering sovereignty, unity and integrity of India. 153. Waging war against Government of any foreign State at peace with Government of India. 154. Committing depredation on territories of foreign State at peace with Government of India. 155. Receiving property taken by war or depredation mentioned in sections 153 and 154. 156. Public servant voluntarily allowing prisoner of State or war to escape. 157. Public servant negligently suffering such prisoner to escape. 158. Aiding escape of, rescuing or harbouring such prisoner. # CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 159. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. 160. Abetment of mutiny, if mutiny is committed in consequence thereof. 161. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. 162. Abetment of such assault, if assault committed. 163. Abetment of desertion of soldier, sailor or airman. 164. Harbouring deserter. 165. Deserter concealed on board merchant vessel through negligence of master. 166. Abetment of act of insubordination by soldier, sailor or airman. 167. Persons subject to certain Acts. 168. Wearing garb or carrying token used by soldier, sailor or airman. # CHAPTER IX OF OFFENCES RELATING TO ELECTIONS 169. Candidate, electoral right defined. 6 ----- SECTIONS 170. Bribery. 171. Undue influence at elections. 172. Personation at elections. 173. Punishment for bribery. 174. Punishment for undue influence or personation at an election. 175. False statement in connection with an election. 176. Illegal payments in connection with an election. 177. Failure to keep election accounts. # CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS 178. Counterfeiting coin, Government stamps, currency-notes or bank-notes. 179. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes. 180. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes. 181. Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes. 182. Making or using documents resembling currency-notes or bank-notes. 183. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government. 184. Using Government stamp known to have been before used. 185. Erasure of mark denoting that stamp has been used. 186. Prohibition of fictitious stamps. 187. Person employed in mint causing coin to be of different weight or composition from that fixed by law. 188. Unlawfully taking coining instrument from mint. # CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 189. Unlawful assembly. 190. Every member of unlawful assembly guilty of offence committed in prosecution of common object. 191. Rioting. 192. Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed. 193. Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place. 194. Affray. 195. Assaulting or obstructing public servant when suppressing riot, etc. 196. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 7 ----- # SECTIONS 197. Imputations, assertions prejudicial to national integration. # CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 198. Public servant disobeying law, with intent to cause injury to any person. 199. Public servant disobeying direction under law. 200. Punishment for non-treatment of victim. 201. Public servant framing an incorrect document with intent to cause injury. 202. Public servant unlawfully engaging in trade. 203. Public servant unlawfully buying or bidding for property. 204. Personating a public servant. 205. Wearing garb or carrying token used by public servant with fraudulent intent. # CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 206. Absconding to avoid service of summons or other proceeding. 207. Preventing service of summons or other proceeding, or preventing publication thereof. 208. Non-attendance in obedience to an order from public servant. 209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023. 210. Omission to produce document or electronic record to public servant by person legally bound to produce it. 211. Omission to give notice or information to public servant by person legally bound to give it. 212. Furnishing false information. 213. Refusing oath or affirmation when duly required by public servant to make it. 214. Refusing to answer public servant authorised to question. 215. Refusing to sign statement. 216. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation. 217. False information, with intent to cause public servant to use his lawful power to injury of another person. 218. Resistance to taking of property by lawful authority of a public servant. 219. Obstructing sale of property offered for sale by authority of public servant. 220. Illegal purchase or bid for property offered for sale by authority of public servant. 221. Obstructing public servant in discharge of public functions. 222. Omission to assist public servant when bound by law to give assistance. 223. Disobedience to order duly promulgated by public servant. 224. Threat of injury to public servant. 225. Threat of injury to induce person to refrain from applying for protection to public servant. 8 ----- SECTIONS 226. Attempt to commit suicide to compel or restrain exercise of lawful power. # CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE 227. Giving false evidence. 228. Fabricating false evidence. 229. Punishment for false evidence. 230. Giving or fabricating false evidence with intent to procure conviction of capital offence. 231. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. 232. Threatening any person to give false evidence. 233. Using evidence known to be false. 234. Issuing or signing false certificate. 235. Using as true a certificate known to be false. 236. False statement made in declaration which is by law receivable as evidence. 237. Using as true such declaration knowing it to be false. 238. Causing disappearance of evidence of offence, or giving false information to screen offender. 239. Intentional omission to give information of offence by person bound to inform. 240. Giving false information respecting an offence committed. 241. Destruction of document or electronic record to prevent its production as evidence. 242. False personation for purpose of act or proceeding in suit or prosecution. 243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. 244. Fraudulent claim to property to prevent its seizure as forfeited or in execution. 245. Fraudulently suffering decree for sum not due. 246. Dishonestly making false claim in Court. 247. Fraudulently obtaining decree for sum not due. 248. False charge of offence made with intent to injure. 249. Harbouring offender. 250. Taking gift, etc., to screen an offender from punishment. 251. Offering gift or restoration of property in consideration of screening offender. 252. Taking gift to help to recover stolen property, etc. 253. Harbouring offender who has escaped from custody or whose apprehension has been ordered. 254. Penalty for harbouring robbers or dacoits. 255. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. 9 ----- # SECTIONS 256. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture. 257. Public servant in judicial proceeding corruptly making report, etc., contrary to law. 258. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law. 259. Intentional omission to apprehend on part of public servant bound to apprehend. 260. Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed. 261. Escape from confinement or custody negligently suffered by public servant. 262. Resistance or obstruction by a person to his lawful apprehension. 263. Resistance or obstruction to lawful apprehension of another person. 264. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for. 265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for. 266. Violation of condition of remission of punishment. 267. Intentional insult or interruption to public servant sitting in judicial proceeding. 268. Personation of assessor. 269. Failure by person released on bail bond or bond to appear in Court. # CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS 270. Public nuisance. 271. Negligent act likely to spread infection of disease dangerous to life. 272. Malignant act likely to spread infection of disease dangerous to life. 273. Disobedience to quarantine rule. 274. Adulteration of food or drink intended for sale. 275. Sale of noxious food or drink. 276. Adulteration of drugs. 277. Sale of adulterated drugs. 278. Sale of drug as a different drug or preparation. 279. Fouling water of public spring or reservoir. 280. Making atmosphere noxious to health. 281. Rash driving or riding on a public way. 282. Rash navigation of vessel. 283. Exhibition of false light, mark or buoy. 284. Conveying person by water for hire in unsafe or overloaded vessel. 285. Danger or obstruction in public way or line of navigation. 10 ----- # SECTIONS 286. Negligent conduct with respect to poisonous substance. 287. Negligent conduct with respect to fire or combustible matter. 288. Negligent conduct with respect to explosive substance. 289. Negligent conduct with respect to machinery. 290. Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. 291. Negligent conduct with respect to animal. 292. Punishment for public nuisance in cases not otherwise provided for. 293. Continuance of nuisance after injunction to discontinue. 294. Sale, etc., of obscene books, etc. 295. Sale, etc., of obscene objects to child. 296. Obscene acts and songs. 297. Keeping lottery office. CHAPTER XVI # OF OFFENCES RELATING TO RELIGION 298. Injuring or defiling place of worship with intent to insult religion of any class. 299. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. 300. Disturbing religious assembly. 301. Trespassing on burial places, etc. 302. Uttering words, etc., with deliberate intent to wound religious feelings of any person. CHAPTER XVII # OF OFFENCES AGAINST PROPERTY _Of theft_ 303. Theft. 304. Snatching. 305. Theft in a dwelling house, or means of transportation or place of worship, etc. 306. Theft by clerk or servant of property in possession of master. 307. Theft after preparation made for causing death, hurt or restraint in order to committing of theft. _Of extortion_ 308. Extortion. _Of robbery and dacoity_ 309. Robbery. 310. Dacoity. 311. Robbery, or dacoity, with attempt to cause death or grievous hurt. 312. Attempt to commit robbery or dacoity when armed with deadly weapon. 313. Punishment for belonging to gang of robbers, etc. 11 ----- _Of criminal misappropriation of property_ # SECTIONS 314. Dishonest misappropriation of property. 315. Dishonest misappropriation of property possessed by deceased person at the time of his death. _Of criminal breach of trust_ 316. Criminal breach of trust. _Of receiving stolen property_ 317. Stolen property. _Of cheating_ 318. Cheating. 319. Cheating by personation. _Of fraudulent deeds and dispositions of property_ 320. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. 321. Dishonestly or fraudulently preventing debt being available for creditors. 322. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. 323. Dishonest or fraudulent removal or concealment of property. _Of mischief_ 324. Mischief. 325. Mischief by killing or maiming animal. 326. Mischief by injury, inundation, fire or explosive substance, etc. 327. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden. 328. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. _Of criminal trespass_ 329. Criminal trespass and house-trespass. 330. House-trespass and hous-ebreaking. 331. Punishment for house-trespass or house-breaking. 332. House-trespass in order to commit offence. 333. House-trespass after preparation for hurt, assault or wrongful restraint. 334. Dishonestly breaking open receptacle containing property. # CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS 335. Making a false document. 12 ----- # SECTIONS 336. Forgery. 337. Forgery of record of Court or of public register, etc. 338. Forgery of valuable security, will, etc. 339. Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine. 340. Forged document or electronic record and using it as genuine. 341. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338. 342. Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material. 343. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. 344. Falsification of accounts. _Of property marks_ 345. Property mark. 346. Tampering with property mark with intent to cause injury. 347. Counterfeiting a property mark. 348. Making or possession of any instrument for counterfeiting a property mark. 349. Selling goods marked with a counterfeit property mark. 350. Making a false mark upon any receptacle containing goods. CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC. 351. Criminal intimidation. 352. Intentional insult with intent to provoke breach of peace. 353. Statements conducing to public mischief. 354. Act caused by inducing person to believe that he will be rendered an object of Divine displeasure. 355. Misconduct in public by a drunken person. _Of defamation_ 356. Defamation. _Of breach of contract to attend on and supply wants of helpless person_ 357. Breach of contract to attend on and supply wants of helpless person. CHAPTER XX REPEAL AND SAVINGS 358. Repeal and savings. 13 ----- # THE BHARATIYA NYAYA SANHITA, 2023 ACT NO. 45 OF 2023 [25th December, 2023.] An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto. # BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:–– CHAPTER I PRELIMINARY **1. Short title, commencement and application.––(1) This Act may be called the Bharatiya Nyaya** Sanhita, 2023. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita. (3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India. (4) Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India. (5) The provisions of this Sanhita shall also apply to any offence committed by— (a) any citizen of India in any place without and beyond India; (b) any person on any ship or aircraft registered in India wherever it may be; (c) any person in any place without and beyond India committing offence targeting a computer resource located in India. _Explanation.—In this section, the word “offence” includes every act committed outside India which,_ if committed in India, would be punishable under this Sanhita. _Illustration._ A, who is a citizen of India, commits a murder in any place without and beyond India. He can be tried and convicted of murder in any place in India in which he may be found. (6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law. **2. Definitions. –– In this Sanhita, unless the context otherwise requires,––** (1) “act” denotes as well a series of acts as a single act; (2) “animal” means any living creature, other than a human being; (3) “child” means any person below the age of eighteen years; (4) “counterfeit”.––A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. 1. 1st July, 2024, except the provision of sub-section (2) of section 106, _vide notification No. S.O. 850(E), dated, 23[rd] day of_ February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 14 ----- _Explanation 1.—It is not essential to counterfeiting that the imitation should be exact._ _Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance_ is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised; (5) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially; (6) “death” means the death of a human being unless the contrary appears from the context; (7) “dishonestly” means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person; (8) “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, and includes electronic and digital record, intended to be used, or which may be used, as evidence of that matter. _Explanation_ 1.—It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court or not. (a) A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. (b) A cheque upon a banker is a document. (c) A power-of-attorney is a document. (d) A map or plan which is intended to be used or which may be used as evidence, is a document. (e) A writing containing directions or instructions is a document. _Explanation_ 2.—Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. _Illustration._ A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and shall be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature; (9) “fraudulently” means doing anything with the intention to defraud but not otherwise; (10) “gender”.—The pronoun “he” and its derivatives are used of any person, whether male, female or transgender. _Explanation.–– “transgender” shall have the meaning assigned to it in clause (k) of section 2 of_ the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019); (11) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention; (12) “Government” means the Central Government or a State Government; (13) “harbour” includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this clause or not, to evade apprehension; (14) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation or property; 15 ----- (15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit; (16) “Judge” means a person who is officially designated as a Judge and includes a person,–– (i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or (ii) who is one of a body or persons, which body of persons is empowered by law to give such a judgment. _Illustration._ A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge; (17) “life” means the life of a human being, unless the contrary appears from the context; (18) “local law” means a law applicable only to a particular part of India; (19) “man” means male human being of any age; (20) “month” and “year”.––Wherever the word “month” or the word “year” is used, it is to be understood that the month or the year is to be reckoned according to the Gregorian calendar; (21) “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth; (22) “number”.—Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number; (23) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not; (24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the word “offence” means a thing made punishable by this Sanhita, but–– (a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and sub-section (2) of section 330, the word “offence” means a thing punishable under this Sanhita, or under any special law or local law; and (b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and sub-section (1) of section 329, the word “offence” shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine; (25) “omission” denotes as well as a series of omissions as a single omission; (26) “person” includes any company or association or body of persons, whether incorporated or not; (27) “public” includes any class of the public or any community; (28) “public servant” means a person falling under any of the descriptions, namely:— (a) every commissioned officer in the Army, Navy or Air Force; (b) every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; 16 ----- (c) every officer of a Court including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court to perform any of such duties; (d) every assessor or member of a panchayat assisting a Court or public servant; (e) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court, or by any other competent public authority; (f) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (g) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (h) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; (i) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district; (j) every person who holds any office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election; (k) every person— (i) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government; (ii) in the service or pay of a local authority as defined in clause (31) of section 3 of the General Clauses Act, 1897 (10 of 1897), a corporation established by or under a Central or State Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013). _Explanation.—_ (a) persons falling under any of the descriptions made in this clause are public servants, whether appointed by the Government or not; (b) every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation is a public servant; (c) “election” means an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under any law for the time being in force. _Illustration._ A Municipal Commissioner is a public servant; (29) “reason to believe”.—A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise; (30) “special law” means a law applicable to a particular subject; 17 ----- (31) “valuable security” means a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right. _Illustration._ A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”; (32) “vessel” means anything made for the conveyance by water of human beings or of property; (33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. _Illustration._ A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily; (34) “will” means any testamentary document; (35) “woman” means a female human being of any age; (36) “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled; (37) “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled; (38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property; and (39) words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000 (21 of 2000) and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita. **3. General explanations.—(1) Throughout this Sanhita every definition of an offence, every penal** provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or Illustration. _Illustrations._ (a) The sections in this Sanhita, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. (b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”. (2) Every expression which is explained in any Part of this Sanhita, is used in every Part of this Sanhita in conformity with the explanation. (3) When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Sanhita. 18 ----- _Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk_ or servant, is a clerk or servant within the meaning of this sub-section. (4) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions. (5) When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. (6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention. (7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. _Illustration._ A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder. (8) When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. _Illustrations._ (a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate. (b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z. (c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not cooperate with B. A is guilty only of an attempt to commit murder. (9) Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act. _Illustration._ A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide. # CHAPTER II OF PUNISHMENTS **4. Punishments. —The punishments to which offenders are liable under the provisions of this** Sanhita are— 19 ----- (a) Death; (b) Imprisonment for life; (c) Imprisonment, which is of two descriptions, namely:— (1) Rigorous, that is, with hard labour; (2) Simple; (d) Forfeiture of property; (e) Fine; (f) Community Service. **5. Commutation of sentence.—The appropriate Government may, without the consent of the** offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023. _Explanation.—For the purposes of this section the expression “appropriate Government” means, —_ (a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and (b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced. **6. Fractions of terms of punishment.—In calculating fractions of terms of punishment,** imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided. **7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.—In** every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple. **8. Amount of fine, liability in default of payment of fine, etc.—(1) Where no sum is expressed to** which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. (2) In every case of an offence— (a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment; (b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. (3) The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. (4) The imprisonment which the Court imposes in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence. (5) If the offence is punishable with fine or community service, the imprisonment which the Court imposes in default of payment of the fine or in default of community service shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine or in default of community service, shall not exceed,— 20 ----- (a) two months when the amount of the fine does not exceed five thousand rupees; (b) four months when the amount of the fine does not exceed ten thousand rupees; and (c) one year in any other case. (6) (a) The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law; (b) If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. _Illustration._ A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in default of payment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred and fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If five hundred rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If five hundred rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged. (7) The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. **9. Limit of punishment of offence made up of several offences.—(1) Where anything which is an** offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. (2) Where— (a) anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished; or (b) several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences. _Illustrations._ (a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating. (b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y. **10. Punishment of person guilty of one of several offences, judgment stating that it is doubtful** **of which.—In all cases in which judgment is given that a person is guilty of one of several offences** specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all. 21 ----- **11. Solitary confinement.—Whenever any person is convicted of an offence for which under this** Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, namely: — (a) a time not exceeding one month if the term of imprisonment shall not exceed six months; (b) a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; (c) a time not exceeding three months if the term of imprisonment shall exceed one year. **12. Limit of solitary confinement.—In executing a sentence of solitary confinement, such** confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods. **13. Enhanced punishment for certain offences after previous conviction.—Whoever, having been** convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of this Sanhita with imprisonment of either description for a term of three years or upwards, shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years. # CHAPTER III GENERAL EXCEPTIONS **14. Act done by a person bound, or by mistake of fact believing himself bound, by law.—** Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. _Illustrations._ (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence. (b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. **15. Act of Judge when acting judicially.—Nothing is an offence which is done by a Judge when** acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law. **16. Act done pursuant to judgment or order of Court.—Nothing which is done in pursuance of, or** which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. **17. Act done by a person justified, or by mistake of fact believing himself justified, by law.—** Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. 22 ----- _Illustration._ A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence. **18. Accident in doing a lawful act.—Nothing is an offence which is done by accident or misfortune,** and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. _Illustration._ A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. **19. Act likely to cause harm, but done without criminal intent, and to prevent other harm.—** Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. _Explanation.—It is a question of fact in such a case whether the harm to be prevented or avoided was_ of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. _Illustrations._ (a) A, the captain of a vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C. (b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence. **20. Act of a child under seven years of age.—Nothing is an offence which is done by a child under** seven years of age. **21. Act of a child above seven and under twelve years of age of immature understanding.—** Nothing is an offence which is done by a child above seven years of age and under twelve years of age, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. **22. Act of a person of unsound mind.—Nothing is an offence which is done by a person who, at the** time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. **23. Act of a person incapable of judgment by reason of intoxication caused against his will.—** Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will. **24. Offence requiring a particular intent or knowledge committed by one who is intoxicated.—** In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge 23 ----- as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will. **25. Act not intended and not known to be likely to cause death or grievous hurt, done by** **consent.—Nothing which is not intended to cause death, or grievous hurt, and which is not known by the** doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. _Illustration._ A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence. **26. Act not intended to cause death, done by consent in good faith for person’s benefit.—** Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. _Illustration._ A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence. **27. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of** **guardian.—Nothing which is done in good faith for the benefit of a person under twelve years of age, or** person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person: Provided that this exception shall not extend to— (a) the intentional causing of death, or to the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; (c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity; (d) the abetment of any offence, to the committing of which offence it would not extend. _Illustration._ A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, in as much as his object was the cure of the child. **28. Consent known to be given under fear or misconception.—A consent is not such a consent as** is intended by any section of this Sanhita,— (a) if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or (b) if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or 24 ----- (c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age. **29. Exclusion of acts which are offences independently of harm caused.—The exceptions in** sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. _Illustration._ Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act. **30. Act done in good faith for benefit of a person without consent.—Nothing is an offence by** reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided that this exception shall not extend to— (a) the intentional causing of death, or the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; (c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt; (d) the abetment of any offence, to the committing of which offence it would not extend. _Illustrations._ (1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence. (2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has committed no offence. (3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence. (4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence. _Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this_ section. **31. Communication made in good faith.—No communication made in good faith is an offence by** reason of any harm to the person to whom it is made, if it is made for the benefit of that person. 25 ----- _Illustration._ A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death. **32. Act to which a person is compelled by threats.—Except murder, and offences against the State** punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. _Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins a_ gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. _Explanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant death, to do a_ thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception. **33. Act causing slight harm.—Nothing is an offence by reason that it causes, or that it is intended to** cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. _Of right of private defence_ **34. Things done in private defence.—Nothing is an offence which is done in the exercise of the** right of private defence. **35. Right of private defence of body and of property.—Every person has a right, subject to the** restrictions contained in section 37, to defend— (a) his own body, and the body of any other person, against any offence affecting the human body; (b) the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. **36. Right of private defence against act of a person of unsound mind, etc.—When an act, which** would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. _Illustrations._ (a) Z, a person of unsound mind, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception. **37. Acts against which there is no right of private defence.—(1) There is no right of private** defence, — (a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law; 26 ----- (b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law; (c) in cases in which there is time to have recourse to the protection of the public authorities. (2) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. _Explanation 1.—A person is not deprived of the right of private defence against an act done, or_ attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant. _Explanation 2.—A person is not deprived of the right of private defence against an act done, or_ attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded. **38. When right of private defence of body extends to causing death.—The right of private** defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:— (a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; (b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; (c) an assault with the intention of committing rape; (d) an assault with the intention of gratifying unnatural lust; (e) an assault with the intention of kidnapping or abducting; (f) an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release; (g) an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act. **39. When such right extends to causing any harm other than death.—If the offence be not of any** of the descriptions specified in section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, to the voluntary causing to the assailant of any harm other than death. **40. Commencement and continuance of right of private defence of body.—The right of private** defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues. **41. When right of private defence of property extends to causing death.—The right of private** defence of property extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely: — (a) robbery; (b) house-breaking after sunset and before sunrise; (c) mischief by fire or any explosive substance committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property; 27 ----- (d) theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. **42. When such right extends to causing any harm other than death.—If the offence, the** committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death. **43. Commencement and continuance of right of private defence of property.—The right of** private defence of property,— (a) commences when a reasonable apprehension of danger to the property commences; (b) against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered; (c) against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues; (d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; (e) against house-breaking after sunset and before sunrise continues as long as the house-trespass which has been begun by such house-breaking continues. **44. Right of private defence against deadly assault when there is risk of harm to innocent** **person.—If in the exercise of the right of private defence against an assault which reasonably causes the** apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. _Illustration._ A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children. CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT _of abetment_ **45. Abetment of a thing.—A person abets the doing of a thing, who—** (a) instigates any person to do that thing; or (b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or (c) intentionally aids, by any act or illegal omission, the doing of that thing. _Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material_ fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. _Illustration._ A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. 28 ----- _Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in_ order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. **46. Abettor.—A person abets an offence, who abets either the commission of an offence, or the** commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. _Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although_ the abettor may not himself be bound to do that act. _Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should_ be committed, or that the effect requisite to constitute the offence should be caused. _Illustrations._ (a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder. _Explanation 3.—It is not necessary that the person abetted should be capable by law of committing_ an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge. _Illustrations._ (a) A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence. (b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death. (c) A instigates B to set fire to a dwelling-house. B, in consequence of his unsoundness of mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence. (d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft. _Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is_ also an offence. _Illustration._ A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment. _Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that_ the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. 29 ----- _Illustration._ A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder. **47. Abetment in India of offences outside India.—A person abets an offence within the meaning of** this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India. _Illustration._ A, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of abetting murder. **48. Abetment outside India for offence in India.—A person abets an offence within the meaning of** this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India. _Illustration._ A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder. **49. Punishment of abetment if act abetted is committed in consequence and where no express** **provision is made for its punishment.—Whoever abets any offence shall, if the act abetted is** committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence. _Explanation.—An act or offence is said to be committed in consequence of abetment, when it is_ committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. _Illustrations._ (a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder. **50. Punishment of abetment if person abetted does act with different intention from that of** **abettor.—Whoever abets the commission of an offence shall, if the person abetted does the act with a** different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other. **51. Liability of abettor when one act abetted and different act done.—When an act is abetted and** a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. 30 ----- _Illustrations._ (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. (b) A instigates B to burn Z’s house, B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning. (c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. **52. Abettor when liable to cumulative punishment for act abetted and for act done.—If the act** for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences. _Illustration._ A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences. **53. Liability of abettor for an effect caused by act abetted different from that intended by** **abettor.—When an act is abetted with the intention on the part of the abettor of causing a particular** effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. _Illustration._ A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder. **54. Abettor present when offence is committed.—Whenever any person, who is absent would be** liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. **55. Abetment of offence punishable with death or imprisonment for life.—Whoever abets the** commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. _Illustration._ A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of 31 ----- the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. **56. Abetment of offence punishable with imprisonment.—Whoever abets an offence punishable** with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. _Illustrations._ (a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly. (b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine. (c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine. **57. Abetting commission of offence by public or by more than ten persons.—Whoever abets the** commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine. _Illustration._ A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section. **58. Concealing design to commit offence punishable with death or imprisonment for life.—** Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design shall,— (a) if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or (b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine. _Illustration._ A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. **59. Public servant concealing design to commit offence which it is his duty to prevent.—** Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby 32 ----- facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall,— (a) if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or (b) if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; or (c) if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. _Illustration._ A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section. **60. Concealing design to commit offence punishable with imprisonment.—Whoever, intending to** facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall,— (a) if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth; and (b) if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. _Of criminal conspiracy_ **61. Criminal conspiracy.—(1) When two or more persons agree with the common object to do, or** cause to be done— (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. _Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is_ merely incidental to that object. (2) Whoever is a party to a criminal conspiracy,— (a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence; (b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. 33 ----- _Of attempt_ **62. Punishment for attempting to commit offences punishable with imprisonment for life or** **other imprisonment.—Whoever attempts to commit an offence punishable by this Sanhita with** imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both. _Illustrations._ (a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section. (b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section. # CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD Of sexual offences **63. Rape.—A man is said to commit “rape” if he—** (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:— (i) against her will; (ii) without her consent; (iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt; (iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent; (vi) with or without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent. _Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora._ 34 ----- _Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words,_ gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. _Exception 1.—A medical procedure or intervention shall not constitute rape._ _Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under_ eighteen years of age, is not rape. **64. Punishment for rape.—(1) Whoever, except in the cases provided for in sub-section (2),** commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever,— (a) being a police officer, commits rape,— (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or (c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or (i) commits rape, on a woman incapable of giving consent; or (j) being in a position of control or dominance over a woman, commits rape on such woman; or (k) commits rape on a woman suffering from mental or physical disability; or (l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or (m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. _Explanation.—For the purposes of this sub-section,—_ (a) “armed forces” means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government; 35 ----- (b) “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation; (c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861 (5 of 1861); (d) “women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children. **65. Punishment for rape in certain cases.—(1) Whoever, commits rape on a woman under sixteen** years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim. (2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim. **66. Punishment for causing death or resulting in persistent vegetative state of victim.—** Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death. **67. Sexual intercourse by husband upon his wife during separation.—Whoever has sexual** intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. _Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in_ clauses (a) to (d) of section 63. **68. Sexual intercourse by a person in authority.—Whoever, being—** (a) in a position of authority or in a fiduciary relationship; or (b) a public servant; or (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; or (d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. 36 ----- _Explanation 1.— In this section, “sexual intercourse” shall mean any of the acts mentioned in_ clauses (a) to (d) of section 63. _Explanation_ 2.— For the purposes of this section, _Explanation 1 to section 63 shall also be_ applicable. _Explanation 3.— “Superintendent”, in relation to a jail, remand home or other place of custody or a_ women’s or children’s institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates. _Explanation_ 4.—The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meanings as in clauses (b) and (d) of the _Explanation to sub-section (2) of_ section 64. **69. Sexual intercourse by employing deceitful means, etc.—Whoever, by deceitful means or by** making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. _Explanation.— “deceitful means” shall include inducement for, or false promise of employment or_ promotion, or marrying by suppressing identity. **70. Gang rape.—(1) Where a woman is raped by one or more persons constituting a group or acting** in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim. (2) Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim. **71. Punishment for repeat offenders.—Whoever has been previously convicted of an offence** punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death. **72. Disclosure of identity of victim of certain offences, etc.—(1) Whoever prints or publishes the** name or any matter which may make known the identity of any person against whom an offence under section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. (2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is— (a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or 37 ----- (b) by, or with the authorisation in writing of, the victim; or (c) where the victim is dead or a child or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim: Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation. _Explanation.—For the purposes of this sub-section, “recognised welfare institution or_ organisation” means a social welfare institution or organisation recognised in this behalf by the Central Government or the State Government. **73. Printing or publishing any matter relating to Court proceedings without permission.—** Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an offence referred to in section 72 without the previous permission of such Court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. _Explanation.—The printing or publication of the judgment of any High Court or the Supreme Court_ does not amount to an offence within the meaning of this section. _Of criminal force and assault against woman_ **74. Assault or use of criminal force to woman with intent to outrage her modesty.—Whoever** assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine. **75. Sexual harassment.—(1) A man committing any of the following acts:—** (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against the will of a woman; or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment. (2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. (3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. **76. Assault or use of criminal force to woman with intent to disrobe.—Whoever assaults or uses** criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine. **77. Voyeurism.—Whoever watches, or captures the image of a woman engaging in a private act in** circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. _Explanation 1.—For the purposes of this section, “private act” includes an act of watching carried out_ in a place which, in the circumstances, would reasonably be expected to provide privacy and where the 38 ----- victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public. _Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their_ dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section. **78. Stalking.—(1) Any man who—** (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking: Provided that such conduct shall not amount to stalking if the man who pursued it proves that— (i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or (iii) in the particular circumstances such conduct was reasonable and justified. (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. **79. Word, gesture or act intended to insult modesty of a woman.—Whoever, intending to insult** the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine. _Of offences relating to marriage_ **80. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or** occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. _Explanation.—For the purposes of this sub-section, “dowry” shall have the same meaning as in_ section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. **81. Cohabitation caused by man deceitfully inducing belief of lawful marriage.—Every man who** by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **82. Marrying again during lifetime of husband or wife.—(1) Whoever, having a husband or wife** living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 39 ----- _Exception.—This sub-section does not extend to any person whose marriage with such husband or_ wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. (2) Whoever commits the offence under sub-section (1) having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **83. Marriage ceremony fraudulently gone through without lawful marriage.—Whoever,** dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **84. Enticing or taking away or detaining with criminal intent a married woman.—Whoever** takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **85. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the** husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. **86. Cruelty defined.—For the purposes of section 85, “cruelty” means—** (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. **87. Kidnapping, abducting or inducing woman to compel her marriage, etc.—Whoever kidnaps** or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. _Of causing miscarriage, etc._ **88. Causing miscarriage.—Whoever voluntarily causes a woman with child to miscarry, shall, if** such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. _Explanation.—A woman who causes herself to miscarry, is within the meaning of this section._ **89. Causing miscarriage without woman’s consent.—Whoever commits the offence under** section 88 without the consent of the woman, whether the woman is quick with child or not, shall be 40 ----- punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **90. Death caused by act done with intent to cause miscarriage.—(1) Whoever, with intent to** cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said sub-section. _Explanation.—It is not essential to this offence that the offender should know that the act is likely to_ cause death. **91. Act done with intent to prevent child being born alive or to cause to die after birth.—** Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both. **92. Causing death of quick unborn child by act amounting to culpable homicide.—Whoever** does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. _Illustration._ A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. _Of offences against child_ **93. Exposure and abandonment of child under twelve years of age, by parent or person having** **care of it.—Whoever being the father or mother of a child under the age of twelve years, or having the** care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. _Explanation.—This section is not intended to prevent the trial of the offender for murder or culpable_ homicide, as the case may be, if the child die in consequence of the exposure. **94. Concealment of birth by secret disposal of dead body.—Whoever, by secretly burying or** otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **95. Hiring, employing or engaging a child to commit an offence.—Whoever hires, employs or** engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself. _Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is_ covered within the meaning of this section. **96. Procuration of child.—Whoever, by any means whatsoever, induces any child to go from any** place or to do any act with intent that such child may be, or knowing that it is likely that such child will 41 ----- be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. **97. Kidnapping or abducting child under ten years of age with intent to steal from its person.—** Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **98. Selling child for purposes of prostitution, etc.—Whoever sells, lets to hire, or otherwise** disposes of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. _Explanation 1.—When a female under the age of eighteen years is sold, let for hire, or otherwise_ disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. _Explanation 2.—For the purposes of this section “illicit intercourse” means sexual intercourse_ between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a _quasi-marital relation._ **99. Buying child for purposes of prostitution, etc.—Whoever buys, hires or otherwise obtains** possession of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine. _Explanation 1.—Any prostitute or any person keeping or managing a brothel, who buys, hires or_ otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. _Explanation 2.— “Illicit intercourse” has the same meaning as in section 98._ # CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY _Of offences affecting life_ **100. Culpable homicide.—Whoever causes death by doing an act with the intention of causing** death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. _Illustrations._ (a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. (c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable 42 ----- homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. _Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder,_ disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. _Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury_ shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. _Explanation 3.—The causing of the death of a child in the mother’s womb is not homicide. But it_ may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. **101. Murder.—Except in the cases hereinafter excepted, culpable homicide is murder,—** (a) if the act by which the death is caused is done with the intention of causing death; or (b) if the act by which the death is caused is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or (c) if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or (d) if the person committing the act by which the death is caused, knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. _Illustrations._ (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual. _Exception 1.—Culpable homicide is not murder if the offender, whilst deprived of the power of_ self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident: Provided that the provocation is not,— (a) sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person; (b) given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant; (c) given by anything done in the lawful exercise of the right of private defence. 43 ----- _Explanation.—Whether the provocation was grave and sudden enough to prevent the offence_ from amounting to murder is a question of fact. _Illustrations._ (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was giving by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. _Exception 2.—Culpable homicide is not murder if the offender in the exercise in good faith of the_ right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. _Illustration._ Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. _Exception 3.—Culpable homicide is not murder if the offender, being a public servant or aiding a_ public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused. _Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden_ fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner. _Explanation.—It is immaterial in such cases which party offers the provocation or commits the first_ assault. _Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above_ the age of eighteen years, suffers death or takes the risk of death with his own consent. _Illustration._ A, by instigation, voluntarily causes Z, a child to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder. **102. Culpable homicide by causing death of person other than person whose death was** **intended.—If a person, by doing anything which he intends or knows to be likely to cause death,** 44 ----- commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause. **103. Punishment for murder.—(1) Whoever commits murder shall be punished with death or** imprisonment for life, and shall also be liable to fine. (2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine. **104. Punishment for murder by life-convict.—Whoever, being under sentence of imprisonment for** life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life. **105. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable** homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. **106. Causing death by negligence.—(1) Whoever causes death of any person by doing any rash or** negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. _Explanation.—For the purposes of this sub-section, “registered medical practitioner” means a_ medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act. (2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine. **107. Abetment of suicide of child or person of unsound mind.—If any child, any person of** unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. **108. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such** suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **109. Attempt to murder.—(1) Whoever does any act with such intention or knowledge, and under** such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. 45 ----- (2) When any person offending under sub-section (1) is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life. _Illustrations._ (a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section. (b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue. (c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided by the latter part of sub-section (1). (d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section. **110. Attempt to commit culpable homicide.—Whoever does any act with such intention or** knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. _Illustration_ A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death, he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section. **111. Organised crime.—(1) Any continuing unlawful activity including kidnapping, robbery,** vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime. _Explanation.—For the purposes of this sub-section,—_ (i) “organised crime syndicate” means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity; (ii) “continuing unlawful activity” means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence; (iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting of currency notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or running any scheme to defraud several persons or doing any act in any manner with a view to defraud any bank or financial institution or any other institution or organisation for obtaining monetary benefits in any form. (2) Whoever commits organised crime shall,— 46 ----- (a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees; (b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (4) Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (5) Whoever, intentionally, harbours or conceals any person who has committed the offence of an organised crime shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees: Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (6) Whoever possesses any property derived or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees. (7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees. **112. Petty organised crime.—(1) Whoever, being a member of a group or gang, either singly or** jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organised crime. _Explanation.—For the purposes of this sub-section “theft” includes trick theft, theft from vehicle,_ dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting and theft of Automated Teller Machine. (2) Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine. **113. Terrorist act.—(1) Whoever does any act with the intent to threaten or likely to threaten the** unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,— (a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance (whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause,— (i) death of, or injury to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or 47 ----- (iv) damage to, the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material; or (v) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or (b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or (c) detains, kidnaps or abducts any person and threatening to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or an international or inter-governmental organisation or any other person to do or abstain from doing any act, commit a terrorist act. _Explanation.—For the purpose of this sub-section,—_ (a) “public functionary” means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary; (b) “counterfeit Indian currency” means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features of Indian currency. (2) Whoever commits a terrorist act shall,— (a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine; (b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (4) Whoever organises or causes to be organised any camp or camps for imparting training in terrorist act, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (5) Any person who is a member of an organisation which is involved in terrorist act, shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. (6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person has committed a terrorist act shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine: Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (7) Whoever knowingly possesses any property derived or obtained from commission of any terrorist act or acquired through the commission of any terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. _Explanation.—For the removal of doubts, it is hereby declared that the officer not below the rank of_ Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967 (37 of 1967). 48 ----- # Of hurt **114. Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.** **115. Voluntarily causing hurt.—(1) Whoever does any act with the intention of thereby causing** hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”. (2) Whoever, except in the case provided for by sub-section (1) of section 122 voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both. **116. Grievous hurt.—The following kinds of hurt only are designated as “grievous”, namely:—** (a) Emasculation; (b) Permanent privation of the sight of either eye; (c) Permanent privation of the hearing of either ear; (d) Privation of any member or joint; (e) Destruction or permanent impairing of the powers of any member or joint; (f) Permanent disfiguration of the head or face; (g) Fracture or dislocation of a bone or tooth; (h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits. **117. Voluntarily causing grievous hurt.—(1) Whoever voluntarily causes hurt, if the hurt which he** intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”. _Explanation.—A person is not said voluntarily to cause grievous hurt except when he both causes_ grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind. _Illustration._ A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of fifteen days. A has voluntarily caused grievous hurt. (2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (3) Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life. (4) When a group of five or more persons acting in concert, causes grievous hurt to a person on the ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means.—(1) Whoever,** except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is 49 ----- likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both. (2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine. **119. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal** **act.—(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any** person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **120. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of** **property.—(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from** any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. _Illustrations._ (a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section. (b) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. (c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section. (2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **121. Voluntarily causing hurt or grievous hurt to deter public servant from his duty.—(1)** Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine. 50 ----- **122. Voluntarily causing hurt or grievous hurt on provocation.—(1) Whoever voluntarily causes** hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both. (2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both. _Explanation.—This section is subject to the same proviso as Exception 1 of section 101._ **123. Causing hurt by means of poison, etc., with intent to commit an offence.—Whoever** administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **124. Voluntarily causing grievous hurt by use of acid, etc.—(1) Whoever causes permanent or** partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt or causes a person to be in a permanent vegetative state shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim. (2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. _Explanation 1.—For the purposes of this section, “acid” includes any substance which has acidic or_ corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability. _Explanation 2.—For the purposes of this section, permanent or partial damage or deformity or_ permanent vegetative state shall not be required to be irreversible. **125. Act endangering life or personal safety of others.—Whoever does any act so rashly or** negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but— (a) where hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both; (b) where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both. 51 ----- _Of wrongful restraint and wrongful confinement_ **126. Wrongful restraint.—(1) Whoever voluntarily obstructs any person so as to prevent that person** from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. _Exception.—The obstruction of a private way over land or water which a person in good faith_ believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. _Illustration._ A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z. (2) Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both. **127. Wrongful confinement.—(1) Whoever wrongfully restrains any person in such a manner as to** prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person. _Illustrations._ (a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z. (2) Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. (3) Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both. (4) Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine which shall not be less than ten thousand rupees. (5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter and shall also be liable to fine. (6) Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine. (7) Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable 52 ----- security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. _Of criminal force and assault_ **128. Force.—A person is said to use force to another if he causes motion, change of motion, or** cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following three ways, namely:— (a) by his own bodily power; (b) by disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person; (c) by inducing any animal to move, to change its motion, or to cease to move. **129. Criminal force.—Whoever intentionally uses force to any person, without that person’s** consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other. _Illustrations._ (a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. (b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z. (c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an offence. A has used criminal force to Z. (d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z. (e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z, and if he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z. (f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. 53 ----- (g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force. (h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z. **130. Assault.—Whoever makes any gesture, or any preparation intending or knowing it to be likely** that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. _Explanation.—Mere words do not amount to an assault. But the words which a person uses may give_ to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. _Illustrations._ (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault. (b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z. (c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault. **131. Punishment for assault or criminal force otherwise than on grave provocation.—Whoever** assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. _Explanation 1.—Grave and sudden provocation will not mitigate the punishment for an offence under_ this section,— (a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or (b) if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant; or (c) if the provocation is given by anything done in the lawful exercise of the right of private defence. _Explanation 2.—Whether the provocation was grave and sudden enough to mitigate the offence, is a_ question of fact. **132. Assault or criminal force to deter public servant from discharge of his duty.—Whoever** assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **133. Assault or criminal force with intent to dishonour person, otherwise than on grave** **provocation.—Whoever assaults or uses criminal force to any person, intending thereby to dishonour** that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 54 ----- **134. Assault or criminal force in attempt to commit theft of property carried by a person.—** Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **135. Assault or criminal force in attempt to wrongfully confine a person.—Whoever assaults or** uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. **136. Assault or criminal force on grave provocation.—Whoever assaults or uses criminal force to** any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. _Explanation.—This section is subject to the same Explanation as section 131._ _Of kidnapping, abduction, slavery and forced labour_ **137. Kidnapping.—(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from** lawful guardianship— (a) whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India; (b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship. _Explanation.—The words “lawful guardian” in this clause include any person lawfully entrusted_ with the care or custody of such child or other person. _Exception.—This clause does not extend to the act of any person who in good faith believes_ himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. (2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **138. Abduction.—Whoever by force compels, or by any deceitful means induces, any person to go** from any place, is said to abduct that person. **139. Kidnapping or maiming a child for purposes of begging.—(1) Whoever kidnaps any child or,** not being the lawful guardian of such child, obtains the custody of the child, in order that such child may be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever maims any child in order that such child may be employed or used for the purposes of begging shall be punishable with imprisonment which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine. (3) Where any person, not being the lawful guardian of a child employs or uses such child for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of such child in order that such child might be employed or used for the purposes of begging. (4) In this section “begging” means— 55 ----- (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune telling, performing tricks or selling articles or otherwise; (ii) entering on any private premises for the purpose of soliciting or receiving alms; (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; (iv) using such child as an exhibit for the purpose of soliciting or receiving alms. **140. Kidnapping or abducting in order to murder or for ransom, etc.—(1) Whoever kidnaps or** abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. _Illustrations._ (a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section. (2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine. (3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **141. Importation of girl or boy from foreign country.—Whoever imports into India from any** country outside India any girl under the age of twenty-one years or any boy under the age of eighteen years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine. **142. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.—** Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement. **143. Trafficking of person.—(1) Whoever, for the purpose of exploitation recruits, transports,** harbours, transfers, or receives a person or persons, by— (a) using threats; or (b) using force, or any other form of coercion; or (c) by abduction; or (d) by practising fraud, or deception; or (e) by abuse of power; or 56 ----- (f) by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking. _Explanation 1.—The expression “exploitation” shall include any act of physical exploitation or_ any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced removal of organs. _Explanation_ 2.—The consent of the victim is immaterial in determination of the offence of trafficking. (2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. (3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (4) Where the offence involves the trafficking of a child, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (5) Where the offence involves the trafficking of more than one child, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. (6) If a person is convicted of the offence of trafficking of a child on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. (7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. **144. Exploitation of a trafficked person.—(1) Whoever, knowingly or having reason to believe that** a child has been trafficked, engages such child for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. (2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. **145. Habitual dealing in slaves.—Whoever habitually imports, exports, removes, buys, sells, traffics** or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. **146. Unlawful compulsory labour.—Whoever unlawfully compels any person to labour against the** will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CHAPTER VII OF OFFENCES AGAINST THE STATE **147. Waging, or attempting to wage war, or abetting waging of war, against Government of** **India.—Whoever wages war against the Government of India, or attempts to wage such war, or abets the** waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine. 57 ----- _Illustration._ A joins an insurrection against the Government of India. A has committed the offence defined in this section. **148. Conspiracy to commit offences punishable by section 147.—Whoever within or without and** beyond India conspires to commit any of the offences punishable by section 147, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine. _Explanation.—To constitute a conspiracy under this section, it is not necessary that any act or illegal_ omission shall take place in pursuance thereof. **149. Collecting arms, etc., with intention of waging war against Government of India.—** Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. **150. Concealing with intent to facilitate design to wage war.—Whoever by any act, or by any** illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **151. Assaulting President, Governor, etc., with intent to compel or restrain exercise of any** **lawful power.—Whoever, with the intention of inducing or compelling the President of India, or** Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **152. Act endangering sovereignty, unity and integrity of India.—Whoever, purposely or** knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine. _Explanation.—Comments expressing disapprobation of the measures, or administrative or other_ action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section. **153. Waging war against Government of any foreign State at peace with Government of** **India.—Whoever wages war against the Government of any foreign State at peace with the Government** of India or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine. **154. Committing depredation on territories of foreign State at peace with Government of** **India.—Whoever commits depredation, or makes preparations to commit depredation, on the territories** of any foreign State at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation. 58 ----- **155. Receiving property taken by war or depredation mentioned in sections 153 and 154.—** Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 153 and 154, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received. **156. Public servant voluntarily allowing prisoner of State or war to escape.—Whoever, being a** public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **157. Public servant negligently suffering such prisoner to escape.—Whoever, being a public** servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine. **158. Aiding escape of, rescuing or harbouring such prisoner.—Whoever knowingly aids or assists** any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. _Explanation.—A State prisoner or prisoner of war, who is permitted to be at large on his parole_ within certain limits in India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large. CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE **159. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.—** Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **160. Abetment of mutiny, if mutiny is committed in consequence thereof.—Whoever abets the** committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **161. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution** **of his office.—Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air** Force of the Government of India, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. **162. Abetment of such assault, if assault committed.—Whoever abets an assault by an officer,** soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **163. Abetment of desertion of soldier, sailor or airman.—Whoever abets the desertion of any** officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 59 ----- **164. Harbouring deserter.—Whoever, except as hereinafter excepted, knowing or having reason to** believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both. _Exception.—This provision does not extend to the case in which the harbour is given by the spouse of_ the deserter. **165. Deserter concealed on board merchant vessel through negligence of master.—The master or** person in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force of the Government of India is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding three thousand rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel. **166. Abetment of act of insubordination by soldier, sailor or airman.—Whoever abets what he** knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **167. Persons subject to certain Acts.—No person subject to the Air Force Act, 1950 (45 of 1950),** the Army Act, 1950 (46 of 1950) and the Navy Act, 1957 (62 of 1957), or shall be subject to punishment under this Sanhita for any of the offences defined in this Chapter. **168. Wearing garb or carrying token used by soldier, sailor or airman.—Whoever, not being a** soldier, sailor or airman in the Army, Naval or Air service of the Government of India, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both. # CHAPTER IX OF OFFENCES RELATING TO ELECTIONS **169. Candidate, electoral right defined.—For the purposes of this Chapter—** (a) “candidate” means a person who has been nominated as a candidate at any election; (b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election. **170. Bribery.—(1) Whoever—** (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward. 60 ----- **171. Undue influence at elections.—(1) Whoever voluntarily interferes or attempts to interfere with** the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub-section (1), whoever— (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind; or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1). (3) A declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. **172. Personation at elections.—Whoever at an election applies for a voting paper on votes in the** name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election: Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such elector. **173. Punishment for bribery.—Whoever commits the offence of bribery shall be punished with** imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only. _Explanation.—“Treating” means that form of bribery where the gratification consists in food, drink,_ entertainment, or provision. **174. Punishment for undue influence or personation at an election.—Whoever commits the** offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both. **175. False statement in connection with an election.—Whoever with intent to affect the result of** an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine. **176. Illegal payments in connection with an election.—Whoever without the general or special** authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to ten thousand rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate. **177. Failure to keep election accounts.—Whoever being required by any law for the time being in** force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five thousand rupees. 61 ----- # CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS **178. Counterfeiting coin, Government stamps, currency-notes or bank-notes.—Whoever** counterfeits, or knowingly performs any part of the process of counterfeiting, any coin, stamp issued by Government for the purpose of revenue, currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. _Explanation.—For the purposes of this Chapter,—_ (1) the expression “bank-note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for money; (2) “coin” shall have the same meaning as assigned to it in section 2 of the Coinage Act, 2011 (11 of 2011) and includes metal used for the time being as money and is stamped and issued by or under the authority of any State or Sovereign Power intended to be so used; (3) a person commits the offence of “counterfeiting Government stamp” who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination; (4) a person commits the offence of counterfeiting coin who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin; and (5) the offence of “counterfeiting coin” includes diminishing the weight or alteration of the composition, or alteration of the appearance of the coin. **179. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-** **notes.—Whoever imports or exports, or sells or delivers to, or buys or receives from, any other person, or** otherwise traffics or uses as genuine, any forged or counterfeit coin, stamp, currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **180. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-** **notes.—Whoever has in his possession any forged or counterfeit coin, stamp, currency-note or bank-note,** knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. _Explanation.—If a person establishes the possession of the forged or counterfeit coin, stamp,_ currency-note or bank-note to be from a lawful source, it shall not constitute an offence under this section. **181. Making or possessing instruments or materials for forging or counterfeiting coin,** **Government stamp, currency-notes or bank-notes.—Whoever makes or mends, or performs any part** of the process of making or mending, or buys or sells or disposes of, or has in his possession, any machinery, die, or instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any coin, stamp issued by Government for the purpose of revenue, currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **182. Making or using documents resembling currency-notes or bank-notes.—(1) Whoever** makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to 62 ----- deceive, any currency-note or bank-note shall be punished with fine which may extend to three hundred rupees. (2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to six hundred rupees. (3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that the person caused the document to be made. **183. Effacing writing from substance bearing Government stamp, or removing from document** **a stamp used for it, with intent to cause loss to Government.—Whoever, fraudulently or with intent to** cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. **184. Using Government stamp known to have been before used.—Whoever, fraudulently or with** intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **185. Erasure of mark denoting that stamp has been used.—Whoever, fraudulently or with intent** to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. **186. Prohibition of fictitious stamps.—(1) Whoever—** (a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp; or (b) has in his possession, without lawful excuse, any fictitious stamp; or (c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees. (2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and, if seized shall be forfeited. (3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose. (4) In this section and also in sections 178 to 181 (both inclusive), and sections 183 to 185 (both inclusive) the word “Government”, when used in connection with, or in reference to any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in clause (12) of section 2, be deemed to include the person or persons authorised by law to administer executive Government in any part of India or in any foreign country. **187. Person employed in mint causing coin to be of different weight or composition from that** **fixed by law.—Whoever, being employed in any mint lawfully established in India, does any act, or** omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of 63 ----- a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **188. Unlawfully taking coining instrument from mint.—Whoever, without lawful authority, takes** out of any mint, lawfully established in India, any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY **189. Unlawful assembly.—(1) An assembly of five or more persons is designated an “unlawful** assembly”, if the common object of the persons composing that assembly is— (a) to overawe by criminal force, or show of criminal force, the Central Government or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or (b) to resist the execution of any law, or of any legal process; or (c) to commit any mischief or criminal trespass, or other offence; or (d) by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or (e) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. _Explanation.—An assembly which was not unlawful when it assembled, may subsequently become_ an unlawful assembly. (2) Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly and such member shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (4) Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (5) Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. _Explanation.—If the assembly is an unlawful assembly within the meaning of sub-section (1), the_ offender shall be punishable under sub-section (3). (6) Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence. 64 ----- (7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (8) Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (9) Whoever, being so engaged or hired as referred to in sub-section (8), goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **190. Every member of unlawful assembly guilty of offence committed in prosecution of** **common object.—If an offence is committed by any member of an unlawful assembly in prosecution of** the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. **191. Rioting.—(1) Whenever force or violence is used by an unlawful assembly, or by any member** thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. (2) Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. **192. Wantonly giving provocation with intent to cause riot-if rioting be committed; if not** **committed.—Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to** any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both. **193. Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes** **place.—(1) Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon** which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge at the nearest police station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly. (2) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same. 65 ----- (3) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same. **194. Affray.—(1) When two or more persons, by fighting in a public place, disturb the public peace,** they are said to commit an affray. (2) Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. **195. Assaulting or obstructing public servant when suppressing riot, etc.—(1) Whoever assaults** or obstructs any public servant or uses criminal force on any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which shall not be less than twenty-five thousand rupees, or with both. (2) Whoever threatens to assault or attempts to obstruct any public servant or threatens or attempts to use criminal force to any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. **196. Promoting enmity between different groups on grounds of religion, race, place of birth,** **residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever—** (a) by words, either spoken or written, or by signs or by visible representations or through electronic communication or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity; or (c) organises any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. **197. Imputations, assertions prejudicial to national integration.—(1) Whoever, by words either** spoken or written or by signs or by visible representations or through electronic communication or otherwise,— (a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India; or 66 ----- (b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied, or deprived of their rights as citizens of India; or (c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons; or (d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. # CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS **198. Public servant disobeying law, with intent to cause injury to any person.—Whoever, being a** public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. _Illustration._ A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. **199. Public servant disobeying direction under law.—Whoever, being a public servant,—** (a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter; or (b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation; or (c) fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. **200. Punishment for non-treatment of victim.—Whoever, being in charge of a hospital, public or** private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. **201. Public servant framing an incorrect document with intent to cause injury.—Whoever,** being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 67 ----- **202. Public servant unlawfully engaging in trade.—Whoever, being a public servant, and being** legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both or with community service. **203. Public servant unlawfully buying or bidding for property.—Whoever, being a public** servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated. **204. Personating a public servant.—Whoever pretends to hold any particular office as a public** servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to three years and with fine. **205. Wearing garb or carrying token used by public servant with fraudulent intent.—Whoever,** not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. # CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS **206. Absconding to avoid service of summons or other proceeding.—Whoever absconds in order** to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,— (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. **207. Preventing service of summons or other proceeding, or preventing publication thereof.—** Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,— (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court, with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. **208. Non-attendance in obedience to an order from public servant.—Whoever, being legally** bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,— 68 ----- (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where the summons, notice, order or proclamation is to attend in person or by agent in a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. _Illustrations._ (a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section. (b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section. **209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik** **Suraksha Sanhita, 2023.—Whoever fails to appear at the specified place and the specified time as** required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine. **210. Omission to produce document or electronic record to public servant by person legally** **bound to produce it.—Whoever, being legally bound to produce or deliver up any document or** electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same,— (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) and where the document or electronic record is to be produced or delivered up to a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. _Illustration._ A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. A has committed the offence defined in this section. **211. Omission to give notice or information to public servant by person legally bound to give** **it.—Whoever, being legally bound to give any notice or to furnish information on any subject to any** public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law,— (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both; (c) where the notice or information required to be given is required by an order passed under section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. **212. Furnishing false information.—Whoever, being legally bound to furnish information on any** subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false,— 69 ----- (a) shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both; (b) where the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both. _Illustrations._ (a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section. (b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being legally bound to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in this section. _Explanation.—In section 211 and in this section the word “offence” include any act committed at any_ place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332 and the word “offender” includes any person who is alleged to have been guilty of any such act. **213. Refusing oath or affirmation when duly required by public servant to make it.—Whoever** refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **214. Refusing to answer public servant authorised to question.—Whoever, being legally bound to** state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **215. Refusing to sign statement.—Whoever refuses to sign any statement made by him, when** required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to three thousand rupees, or with both. **216. False statement on oath or affirmation to public servant or person authorised to** **administer an oath or affirmation.—Whoever, being legally bound by an oath or affirmation to state** the truth on any subject to any public servant or other person authorised by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. **217. False information, with intent to cause public servant to use his lawful power to injury of** **another person—Whoever gives to any public servant any information which he knows or believes to be** false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant— (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him; or 70 ----- (b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both. _Illustrations._ (a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section. (b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section. (c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section. **218. Resistance to taking of property by lawful authority of a public servant.—Whoever offers** any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. **219. Obstructing sale of property offered for sale by authority of public servant.—Whoever** intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both. **220. Illegal purchase or bid for property offered for sale by authority of public servant.—** Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. **221. Obstructing public servant in discharge of public functions.—Whoever voluntarily obstructs** any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand and five hundred rupees, or with both. **222. Omission to assist public servant when bound by law to give assistance.—Whoever, being** bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance,— (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two thousand and five hundred rupees, or with both; (b) and where such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **223. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an** order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to 71 ----- abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,— (a) shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand and five hundred rupees, or with both; (b) and where such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. _Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his_ disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. _Illustration._ An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section. **224. Threat of injury to public servant.—Whoever holds out any threat of injury to any public** servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **225. Threat of injury to induce person to refrain from applying for protection to public** **servant.—Whoever holds out any threat of injury to any person for the purpose of inducing that person** to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. **226. Attempt to commit suicide to compel or restrain exercise of lawful power.—Whoever** attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both, or with community service. # CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE **227. Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of** law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. _Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or_ otherwise. _Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this_ section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. _Illustrations._ (a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence. 72 ----- (b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence. (c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence. (d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not. (e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence. **228. Fabricating false evidence.—Whoever causes any circumstance to exist or makes any false** entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”. _Illustrations._ (a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence. (b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court. A has fabricated false evidence. (c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence. **229. Punishment for false evidence.—(1) Whoever intentionally gives false evidence in any stage** of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees. (2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees. _Explanation 1.—A trial before a Court-martial is a judicial proceeding._ _Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court, is a_ stage of a judicial proceeding, though that investigation may not take place before a Court. _Illustration._ A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. _Explanation 3.—An investigation directed by a Court according to law, and conducted under the_ authority of a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court. 73 ----- _Illustration._ A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. **230. Giving or fabricating false evidence with intent to procure conviction of capital offence.—** (1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees. (2) If an innocent person be convicted and executed in consequence of false evidence referred to in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment specified in sub-section (1). **231. Giving or fabricating false evidence with intent to procure conviction of offence punishable** **with imprisonment for life or imprisonment.—Whoever gives or fabricates false evidence intending** thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. _Illustration._ A gives false evidence before a Court, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine. **232. Threatening any person to give false evidence.—(1) Whoever threatens another with any** injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. (2) If innocent person is convicted and sentenced in consequence of false evidence referred to in sub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced. **233. Using evidence known to be false.—Whoever corruptly uses or attempts to use as true or** genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence. **234. Issuing or signing false certificate.—Whoever issues or signs any certificate required by law to** be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence. **235. Using as true a certificate known to be false.—Whoever corruptly uses or attempts to use any** such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. **236. False statement made in declaration which is by law receivable as evidence.—Whoever, in** any declaration made or subscribed by him, which declaration any Court or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence. 74 ----- **237. Using as true such declaration knowing it to be false.—Whoever corruptly uses or attempts to** use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. _Explanation.—A declaration which is inadmissible merely upon the ground of some informality, is a_ declaration within the meaning of section 236 and this section. **238. Causing disappearance of evidence of offence, or giving false information to screen** **offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes** any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false shall,— (a) if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; (c) if the offence is punishable with imprisonment for any term not extending to ten years, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both. _Illustration._ A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine. **239. Intentional omission to give information of offence by person bound to inform.—Whoever,** knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **240. Giving false information respecting an offence committed.—Whoever, knowing or having** reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. _Explanation.—In sections 238 and 239 and in this section the word “offence” includes any act_ committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332. **241. Destruction of document or electronic record to prevent its production as evidence.—** Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both. **242. False personation for purpose of act or proceeding in suit or prosecution.—Whoever falsely** personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit 75 ----- or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. **243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in** **execution.—Whoever fraudulently removes, conceals, transfers or delivers to any person any property or** any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court in a civil suit, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both. **244. Fraudulent claim to property to prevent its seizure as forfeited or in execution.—Whoever** fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **245. Fraudulently suffering decree for sum not due.—Whoever fraudulently causes or suffers a** decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. _Illustration._ A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section. **246. Dishonestly making false claim in Court.—Whoever fraudulently or dishonestly, or with** intent to injure or annoy any person, makes in a Court any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. **247. Fraudulently obtaining decree for sum not due.—Whoever fraudulently obtains a decree or** order against any person for a sum not due, or for a larger sum than is due or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **248. False charge of offence made with intent to injure.—Whoever, with intent to cause injury to** any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person,— (a) shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to two lakh rupees, or with both; (b) if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with 76 ----- imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **249. Harbouring offender.—Whenever an offence has been committed, whoever harbours or** conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment shall,— (a) if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; (b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; (c) if the offence is punishable with imprisonment which may extend to one year, and not to ten years, be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. _Explanation.— “Offence” in this section includes any act committed at any place out of India, which,_ if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332 and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India. _Exception.—This section shall not extend to any case in which the harbour or concealment is by the_ spouse of the offender. _Illustration._ A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine. **250. Taking gift, etc., to screen an offender from punishment.—Whoever accepts or attempts to** obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment shall,— (a) if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; (c) if the offence is punishable with imprisonment not extending to ten years, be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. **251. Offering gift or restoration of property in consideration of screening offender.—Whoever** gives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment shall,— (a) if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; 77 ----- (b) if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; (c) if the offence is punishable with imprisonment not extending to ten years, be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. _Exception.—The provisions of this section and section 250 do not extend to any case in which the_ offence may lawfully be compounded. **252. Taking gift to help to recover stolen property, etc.—Whoever takes or agrees or consents to** take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Sanhita, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **253. Harbouring offender who has escaped from custody or whose apprehension has been** **ordered.—Whenever any person convicted of or charged with an offence, being in lawful custody for** that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, namely:— (a) if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (b) if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; (c) if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence, or with fine, or with both. _Explanation.—“Offence” in this section includes also any act or omission of which a person is_ alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India. _Exception.—The provisions of this section do not extend to the case in which the harbour or_ concealment is by the spouse of the person to be apprehended. **254. Penalty for harbouring robbers or dacoits.—Whoever, knowing or having reason to believe** that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. _Explanation.—For the purposes of this section it is immaterial whether the robbery or dacoity is_ intended to be committed, or has been committed, within or without India. _Exception.—The provisions of this section do not extend to the case in which the harbour is by the_ spouse of the offender. **255.—Public servant disobeying direction of law with intent to save person from punishment or** **property from forfeiture.—Whoever, being a public servant, knowingly disobeys any direction of the** law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or 78 ----- knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **256. Public servant framing incorrect record or writing with intent to save person from** **punishment or property from forfeiture.—Whoever, being a public servant, and being as such public** servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. **257. Public servant in judicial proceeding corruptly making report, etc., contrary to law.—** Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. **258. Commitment for trial or confinement by person having authority who knows that he is** **acting contrary to law.—Whoever, being in any office which gives him legal authority to commit** persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. **259. Intentional omission to apprehend on part of public servant bound to apprehend.—** Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished,— (a) with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or (b) with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or (c) with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years. **260. Intentional omission to apprehend on part of public servant bound to apprehend person** **under sentence or lawfully committed.—Whoever, being a public servant, legally bound as such public** servant to apprehend or to keep in confinement any person under sentence of a Court for any offence or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished,— (a) with imprisonment for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or 79 ----- (b) with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a Court, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or (c) with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement or who ought to have been apprehended, is subject by a sentence of a Court to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody. **261. Escape from confinement or custody negligently suffered by public servant.—Whoever,** being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. **262. Resistance or obstruction by a person to his lawful apprehension.—Whoever intentionally** offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. _Explanation.—The punishment in this section is in addition to the punishment for which the person_ to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted. **263. Resistance or obstruction to lawful apprehension of another person.—Whoever,** intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence,— (a) shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or (b) if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; or (c) if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or (d) if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court or by virtue of a commutation of such a sentence, to imprisonment for life, or imprisonment for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or (e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. **264. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not** **otherwise provided for.—Whoever, being a public servant legally bound as such public servant to** apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished— (a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and 80 ----- (b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both. **265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise** **provided for.—Whoever, in any case not provided for in section 262 or section 263 or in any other law** for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. **266. Violation of condition of remission of punishment.—Whoever, having accepted any** conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered. **267. Intentional insult or interruption to public servant sitting in judicial proceeding.—** Whoever, intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **268. Personation of assessor.—Whoever, by personation or otherwise, shall intentionally cause, or** knowingly suffer himself to be returned, empanelled or sworn as an assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **269. Failure by person released on bail bond or bond to appear in Court.—Whoever, having** been charged with an offence and released on bail bond or on bond, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. _Explanation.—The punishment under this section is—_ (a) in addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged; and (b) without prejudice to the power of the Court to order forfeiture of the bond. # CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS **270. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an** illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right but a common nuisance is not excused on the ground that it causes some convenience or advantage. **271. Negligent act likely to spread infection of disease dangerous to life.—Whoever unlawfully or** negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. **272. Malignant act likely to spread infection of disease dangerous to life.—Whoever malignantly** does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of 81 ----- any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **273. Disobedience to quarantine rule.—Whoever knowingly disobeys any rule made by the** Government for putting any mode of transport into a state of quarantine, or for regulating the intercourse of any such transport in a state of quarantine or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. **274. Adulteration of food or drink intended for sale.—Whoever adulterates any article of food or** drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **275. Sale of noxious food or drink.—Whoever sells, or offers or exposes for sale, as food or drink,** any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **276. Adulteration of drugs.—Whoever adulterates any drug or medical preparation in such a** manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. **277. Sale of adulterated drugs.—Whoever, knowing any drug or medical preparation to have been** adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **278. Sale of drug as a different drug or preparation.—Whoever knowingly sells, or offers or** exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **279. Fouling water of public spring or reservoir.—Whoever voluntarily corrupts or fouls the water** of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **280. Making atmosphere noxious to health.—Whoever voluntarily vitiates the atmosphere in any** place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to one thousand rupees. **281. Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public** way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. **282. Rash navigation of vessel.—Whoever navigates any vessel in a manner so rash or negligent as** to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. 82 ----- **283. Exhibition of false light, mark or buoy.—Whoever exhibits any false light, mark or buoy,** intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, and with fine which shall not be less than ten thousand rupees. **284. Conveying person by water for hire in unsafe or overloaded vessel.—Whoever knowingly or** negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **285. Danger or obstruction in public way or line of navigation.—Whoever, by doing any act, or** by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to five thousand rupees. **286. Negligent conduct with respect to poisonous substance.—Whoever does, with any poisonous** substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **287. Negligent conduct with respect to fire or combustible matter.—Whoever does, with fire or** any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. **288. Negligent conduct with respect to explosive substance.—Whoever does, with any explosive** substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **289. Negligent conduct with respect to machinery.—Whoever does, with any machinery, any act** so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **290. Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.—** Whoever, in pulling down, repairing or constructing any building, knowingly or negligently omits to take such measures with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. **291. Negligent conduct with respect to animal.—Whoever knowingly or negligently omits to take** such measures with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 83 ----- **292. Punishment for public nuisance in cases not otherwise provided for.—Whoever commits a** public nuisance in any case not otherwise punishable by this Sanhita shall be punished with fine which may extend to one thousand rupees. **293. Continuance of nuisance after injunction to discontinue.—Whoever repeats or continues a** public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees or with both. **294. Sale, etc., of obscene books, etc.—(1) For the purposes of sub-section (2), a book, pamphlet,** paper, writing, drawing, painting, representation, figure or any other object, including display of any content in electronic form shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. (2) Whoever— (a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever in whatever manner; or (b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation; or (c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation; or (d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person; or (e) offers or attempts to do any act which is an offence under this section, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to five thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to ten thousand rupees. _Exception.—This section does not extend to—_ (a) any book, pamphlet, paper, writing, drawing, painting, representation or figure— (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or (ii) which is kept or used bona fide for religious purposes; (b) any representation sculptured, engraved, painted or otherwise represented on or in— (i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958); or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose. **295. Sale, etc., of obscene objects to child.—Whoever sells, lets to hire, distributes, exhibits or** circulates to any child any such obscene object as is referred to in section 294, or offers or attempts so to 84 ----- do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees. **296. Obscene acts and songs.—Whoever, to the annoyance of others,—** (a) does any obscene act in any public place; or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. **297. Keeping lottery office.—(1) Whoever keeps any office or place for the purpose of drawing any** lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (2) Whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear from doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to five thousand rupees. # CHAPTER XVI OF OFFENCES RELATING TO RELIGION **298. Injuring or defiling place of worship with intent to insult religion of any class.—Whoever** destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **299. Deliberate and malicious acts, intended to outrage religious feelings of any class by** **insulting its religion or religious beliefs.—Whoever, with deliberate and malicious intention of** outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. **300. Disturbing religious assembly.—Whoever voluntarily causes disturbance to any assembly** lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. **301. Trespassing on burial places, etc.—Whoever, with the intention of wounding the feelings of** any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulchre, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. **302. Uttering words, etc., with deliberate intent to wound religious feelings of any person.—** Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 85 ----- # CHAPTER XVII OF OFFENCES AGAINST PROPERTY # Of theft **303. Theft.—(1) Whoever, intending to take dishonestly any movable property out of the possession** of any person without that person’s consent, moves that property in order to such taking, is said to commit theft. _Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the_ subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. _Explanation 2.—A moving effected by the same act which affects the severance may be a theft._ _Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented_ it from moving or by separating it from any other thing, as well as by actually moving it. _Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal,_ and to move everything which, in consequence of the motion so caused, is moved by that animal. _Explanation 5.—The consent mentioned in this section may be express or implied, and may be given_ either by the person in possession, or by any person having for that purpose authority either express or implied. _Illustrations._ (a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft. (b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon as Z’s dog has begun to follow A. (c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. (d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft. (e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust. (f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft. (g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property. (h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft. (i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for which the jeweler might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly. 86 ----- (j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly. (k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as much as he takes it dishonestly. (l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft. (m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft. (n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft. (o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft. (p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of Z’s possession. Here, as A does not take dishonestly, he does not commit theft. (2) Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine: Provided that in cases of theft where the value of the stolen property is less than five thousand rupees, and a person is convicted for the first time, shall upon return of the value of property or restoration of the stolen property, shall be punished with community service. **304. Snatching.—(1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly** or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property. (2) Whoever commits snatching, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. **305. Theft in a dwelling house, or means of transportation or place of worship, etc.—Whoever** commits theft— (a) in any building, tent or vessel used as a human dwelling or used for the custody of property; or (b) of any means of transport used for the transport of goods or passengers; or (c) of any article or goods from any means of transport used for the transport of goods or passengers; or (d) of idol or icon in any place of worship; or (e) of any property of the Government or of a local authority, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **306. Theft by clerk or servant of property in possession of master.—Whoever, being a clerk or** servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property 87 ----- in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **307. Theft after preparation made for causing death, hurt or restraint in order to committing** **of theft.—Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or** fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. _Illustrations._ (a) A commits theft on property in Z’s possession; and while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. (b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. _Of extortion_ **308. Extortion.—(1) Whoever intentionally puts any person in fear of any injury to that person, or to** any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion. _Illustrations._ (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. (b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion. (c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion. (e) A threatens Z by sending a message through an electronic device that “Your child is in my possession, and will be put to death unless you send me one lakh rupees.” A thus induces Z to give him money. A has committed extortion. (2) Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. (3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (5) Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 88 ----- (6) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (7) Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. _Of robbery and dacoity_ **309. Robbery.—(1) In all robbery there is either theft or extortion.** (2) Theft is robbery if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. (3) Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. _Explanation.—The offender is said to be present if he is sufficiently near to put the other person in_ fear of instant death, of instant hurt, or of instant wrongful restraint. _Illustrations._ (a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child. (4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years. (5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. (6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. **310. Dacoity.—(1) When five or more persons conjointly commit or attempt to commit a robbery, or** where the whole number of persons conjointly committing or attempting to commit a robbery, and 89 ----- persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity. (2) Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine. (4) Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (5) Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. (6) Whoever belongs to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. **311. Robbery, or dacoity, with attempt to cause death or grievous hurt.—If, at the time of** committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. **312. Attempt to commit robbery or dacoity when armed with deadly weapon.—If, at the time of** attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years. **313. Punishment for belonging to gang of robbers, etc.—Whoever belongs to any gang of persons** associated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. # Of criminal misappropriation of property **314. Dishonest misappropriation of property.—Whoever dishonestly misappropriates or converts** to his own use any movable property, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years and with fine. _Illustrations._ (a) A takes property belonging to Z out of Z’s possession, in good faith believing at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. (b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section. (c) A and B, being, joint owners of a horse. A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. _Explanation 1.—A dishonest misappropriation for a time only is a misappropriation within the_ meaning of this section. 90 ----- _Illustration._ A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section. _Explanation 2.—A person who finds property not in the possession of any other person, and takes_ such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it. What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found. _Illustrations._ (a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee. Here A has not committed the offence defined in this section. (b) A finds a letter on the road, containing a bank-note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section. (d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section. (e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section. **315. Dishonest misappropriation of property possessed by deceased person at the time of his** **death.—Whoever dishonestly misappropriates or converts to his own use any property, knowing that** such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. _Illustration._ Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section. **316. Criminal breach of trust.—(1) Whoever, being in any manner entrusted with property, or with** any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust. 91 ----- _Explanation 1.—A person, being an employer of an establishment whether exempted under_ section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or not who deducts the employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. _Explanation 2.—A person, being an employer, who deducts the employees’ contribution from the_ wages payable to the employee for credit to the Employees’ State Insurance Fund held and administered by the Employees’ State Insurance Corporation established under the Employees’ State Insurance Act, 1948 (34 of 1948) shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. _Illustrations._ (a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust. (b) A is a warehouse-keeper Z going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust. (c) A, residing in Kolkata, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits one lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust. (d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. (e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. (f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. (2) Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (3) Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (5) Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent commits criminal breach of trust in respect of that property, shall be punished with imprisonment 92 ----- for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. _Of receiving stolen property_ **317. Stolen property.—(1) Property, the possession whereof has been transferred by theft or** extortion or robbery or cheating, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as stolen property, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India, but, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. (2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (3) Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (4) Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (5) Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. _Of cheating_ **318. Cheating.—(1) Whoever, by deceiving any person, fraudulently or dishonestly induces the** person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. _Explanation.—A dishonest concealment of facts is a deception within the meaning of this section._ _Illustrations._ (a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats. (b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. (e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats. (f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. 93 ----- (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats. (2) Whoever cheats shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **319. Cheating by personation.—(1) A person is said to cheat by personation if he cheats by** pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is. _Explanation.—The offence is committed whether the individual personated is a real or imaginary_ person. _Illustrations._ (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation. (2) Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. _Of fraudulent deeds and dispositions of property_ **320. Dishonest or fraudulent removal or concealment of property to prevent distribution** **among creditors.—Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or** transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years, or with fine, or with both. **321. Dishonestly or fraudulently preventing debt being available for creditors.—Whoever** dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **322. Dishonest or fraudulent execution of deed of transfer containing false statement of** **consideration.—Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or** instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to 94 ----- the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. **323. Dishonest or fraudulent removal or concealment of property.—Whoever dishonestly or** fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. _Of mischief_ **324. Mischief.—(1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful** loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. _Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause_ loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. _Explanation 2.—Mischief may be committed by an act affecting property belonging to the person_ who commits the act, or to that person and others jointly. _Illustrations._ (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief. (b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief. (c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief. (d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief. (e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief. (f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief. (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief. (h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief. (2) Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (3) Whoever commits mischief and thereby causes loss or damage to any property including the property of Government or Local Authority shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. (4) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 95 ----- (5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (6) Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. **325. Mischief by killing or maiming animal.—Whoever commits mischief by killing, poisoning,** maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. **326. Mischief by injury, inundation, fire or explosive substance, etc.—Whoever commits** mischief by,— (a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (b) doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (c) doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; (e) destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; (f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property including agricultural produce, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **327. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of** **twenty tons burden.—(1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any** vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in sub-section (1), shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **328. Punishment for intentionally running vessel aground or ashore with intent to commit** **theft, etc.—Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any** 96 ----- property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. _Of criminal trespass_ **329. Criminal trespass and house-trespass.—(1) Whoever enters into or upon property in the** possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence is said to commit criminal trespass. (2) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit house-trespass. _Explanation.—The introduction of any part of the criminal trespasser’s body is entering sufficient to_ constitute house-trespass. (3) Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. (4) Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. **330. House-trespass and house-breaking.—(1) Whoever commits house-trespass having taken** precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house-trespass. (2) A person is said to commit house-breaking who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of the following ways, namely:— (a) if he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass; (b) if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building; (c) if he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened; (d) if he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass; (e) if he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault; (f) if he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass. _Explanation.—Any out-house or building occupied with a house, and between which and such house_ there is an immediate internal communication, is part of the house within the meaning of this section. _Illustrations._ (a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking. 97 ----- (b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking. (c) A commits house-trespass by entering Z’s house through a window. This is house-breaking. (d) A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is house-breaking. (e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking. (f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking. (g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house trespass by entering the house. This is house-breaking. (h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking. **331. Punishment for house-trespass or house-breaking.—(1) Whoever commits lurking house-** trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. (2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (3) Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years. (4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years. (5) Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine. (6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. (7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (8) If, at the time of the committing of lurking house-trespass or house-breaking after sunset and before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 98 ----- **332. House-trespass in order to commit offence.—Whoever commits house-trespass in order to the** committing of any offence— (a) punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine; (b) punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine; (c) punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine: Provided that if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years. **333. House-trespass after preparation for hurt, assault or wrongful restraint.—Whoever** commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **334. Dishonestly breaking open receptacle containing property.—(1) Whoever dishonestly or** with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (2) Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. # CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS **335. Making a false document.—A person is said to make a false document or false electronic** record— (A) Who dishonestly or fraudulently— (i) makes, signs, seals or executes a document or part of a document; (ii) makes or transmits any electronic record or part of any electronic record; (iii) affixes any electronic signature on any electronic record; (iv) makes any mark denoting the execution of a document or the authenticity of the electronic signature, with the intention of causing it to be believed that such document or part of document, electronic record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or (B) Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or (C) Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception 99 ----- practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration. _Illustrations._ (a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery. (b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery. (c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery. (d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery. (e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. (f) Z’s will contains these words—“I direct that all my remaining property be equally divided between A, B and C.” A dishonestly scratches out B’s name, intending that it may be believed that the whole was left to himself and C. A has committed forgery. (g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery. (h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery. (i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery. (j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery. (k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s character, intending thereby to obtain employment under Z. A has committed forgery in as much as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service. _Explanation 1.—A man’s signature of his own name may amount to forgery._ _Illustrations._ (a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery. 100 ----- (b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery. (c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable; here A has committed forgery. (d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it. (e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition. _Explanation 2.—The making of a false document in the name of a fictitious person, intending it to be_ believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery. _Illustration._ A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery. _Explanation 3.—For the purposes of this section, the expression “affixing electronic signature” shall_ have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000). **336. Forgery.—(1) Whoever makes any false document or false electronic record or part of a** document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. (2) Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (3) Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (4) Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. **337. Forgery of record of Court or of public register, etc.—Whoever forges a document or an** electronic record, purporting to be a record or proceeding of or in a Court or an identity document issued by Government including voter identity card or Aadhaar Card, or a register of birth, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. _Explanation.—For the purposes of this section, “register” includes any list, data or record of any_ [entries maintained in the electronic form as defined in clause (r) of sub-section (1) of section 2 of the](javascript:fnOpenLinkPopUp('816','23483');) Information Technology Act, 2000 (21 of 2000). 101 ----- **338. Forgery of valuable security, will, etc.—Whoever forges a document which purports to be a** valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. **339. Having possession of document described in section 337 or section 338, knowing it to be** **forged and intending to use it as genuine.—Whoever has in his possession any document or electronic** record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 337 of this Sanhita, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 338, shall be punished with imprisonment for life, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine. **340. Forged document or electronic record and using it as genuine.—(1) A false document or** electronic record made wholly or in part by forgery is designated a forged document or electronic record. (2) Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record. **341. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under** **section 338.—(1) Whoever makes or counterfeits any seal, plate or other instrument for making an** impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 338 of this Sanhita, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (2) Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 338, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument. **342. Counterfeiting device or mark used for authenticating documents described in section 338,** **or possessing counterfeit marked material.—(1) Whoever counterfeits upon, or in the substance of,** any material, any device or mark used for the purpose of authenticating any document described in section 338, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (2) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document or electronic record other than the documents described in 102 ----- section 338, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **343. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable** **security.—Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or** to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. **344. Falsification of accounts.—Whoever, being a clerk, officer or servant, or employed or acting in** the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such book, electronic record, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. _Explanation.—It shall be sufficient in any charge under this section to allege a general intent to_ defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed. _Of property marks_ **345. Property mark.—(1) A mark used for denoting that movable property belongs to a particular** person is called a property mark. (2) Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark. (3) Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. **346. Tampering with property mark with intent to cause injury.—Whoever removes, destroys,** defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. **347. Counterfeiting a property mark.—(1) Whoever counterfeits any property mark used by any** other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 103 ----- **348. Making or possession of any instrument for counterfeiting a property mark.—Whoever** makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. **349. Selling goods marked with a counterfeit property mark.—Whoever sells, or exposes, or has** in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves— (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark; and (b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or (c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. **350. Making a false mark upon any receptacle containing goods.—(1) Whoever makes any false** mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had committed the offence under sub-section (1). CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC. **351. Criminal intimidation.—(1) Whoever threatens another by any means, with any injury to his** person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. _Explanation.—A threat to injure the reputation of any deceased person in whom the person_ threatened is interested, is within this section. _Illustration._ A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation. (2) Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (3) Whoever commits the offence of criminal intimidation by threatening to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 104 ----- (4) Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence under sub-section (1). **352. Intentional insult with intent to provoke breach of peace.—Whoever intentionally insults in** any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. **353. Statements conducing to public mischief.—(1) Whoever makes, publishes or circulates any** statement, false information, rumour, or report, including through electronic means— (a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or (c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (3) Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. _Exception.—It does not amount to an offence, within the meaning of this section, when the person_ making, publishing or circulating any such statement, false information, rumour or report, has reasonable grounds for believing that such statement, false information, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid. **354. Act caused by inducing person to believe that he will be rendered an object of Divine** **displeasure.—Whoever voluntarily causes or attempts to cause any person to do anything which that** person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. _Illustrations._ (a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section. (b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section. **355. Misconduct in public by a drunken person.—Whoever, in a state of intoxication, appears in** any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such 105 ----- a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to one thousand rupees, or with both or with community service. _Of defamation_ **356. Defamation.—(1) Whoever, by words either spoken or intended to be read, or by signs or by** visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. _Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the_ imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. _Explanation 2.—It may amount to defamation to make an imputation concerning a company or an_ association or collection of persons as such. _Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to_ defamation. _Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly_ or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. _Illustrations._ (a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions. (b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions. (c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions. _Exception 1.—It is not defamation to impute anything which is true concerning any person, if it be_ for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. _Exception 2.—It is not defamation to express in good faith any opinion whatever respecting the_ conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. _Exception 3.—It is not defamation to express in good faith any opinion whatever respecting the_ conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. _Illustration._ It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested. _Exception 4.—It is not defamation to publish substantially true report of the proceedings of a Court,_ or of the result of any such proceedings. _Explanation.—A Magistrate or other officer holding an inquiry in open Court preliminary to a trial in_ a Court, is a Court within the meaning of the above section. 106 ----- _Exception 5.—It is not defamation to express in good faith any opinion whatever respecting the_ merits of any case, civil or criminal, which has been decided by a Court, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. _Illustrations._ (a) A says—“I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest”. A is within this exception if he says this in good faith, in as much as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further. (b) But if A says—“I do not believe what Z asserted at that trial because I know him to be a man without veracity”; A is not within this exception, in as much as the opinion which expresses of Z’s character, is an opinion not founded on Z’s conduct as a witness. _Exception 6.—It is not defamation to express in good faith any opinion respecting the merits of any_ performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. _Explanation.—A performance may be submitted to the judgment of the public expressly or by acts on_ the part of the author which imply such submission to the judgment of the public. _Illustrations._ (a) A person who publishes a book, submits that book to the judgment of the public. (b) A person who makes a speech in public, submits that speech to the judgment of the public. (c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public. (d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z’s book is indecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as much as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further. (e) But if A says “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine”. A is not within this exception, in as much as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book. _Exception 7.—It is not defamation in a person having over another any authority, either conferred by_ law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. _Illustration._ A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders, a parent censuring in good faith a child in the presence of other children; a school master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier are within this exception. _Exception 8.—It is not defamation to prefer in good faith an accusation against any person to any of_ those who have lawful authority over that person with respect to the subject-matter of accusation. _Illustration._ If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father, A is within this exception. 107 ----- _Exception 9.—It is not defamation to make an imputation on the character of another provided that_ the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good. _Illustrations._ (a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests. (b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception. _Exception 10.—It is not defamation to convey a caution, in good faith, to one person against another,_ provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good. (2) Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both, or with community service. (3) Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. (4) Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. _Of breach of contract to attend on and supply wants of helpless person_ **357. Breach of contract to attend on and supply wants of helpless person.—Whoever, being** bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. # CHAPTER XX REPEAL AND SAVINGS **358. Repeal and savings.—(1) The Indian Penal Code (45 of 1860) is hereby repealed.** (2) Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect,— (a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or (c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or (d) any investigation or remedy in respect of any such penalty, or punishment; or (e) any proceeding, investigation or remedy in respect of any such penalty or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed. (3) Notwithstanding such repeal, anything done or any action taken under the said Code shall be deemed to have been done or taken under the corresponding provisions of this Sanhita. (4) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the [general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of](javascript:fnOpenLinkPopUp('490','28221');) the repeal. 108 -----

25-Dec-2023

47

The Bharatiya Sakshya Adhiniyam, 2023

https://www.indiacode.nic.in/bitstream/123456789/20063/1/a2023-47.pdf

central

THE BHARATIYA SAKSHYA ADHINIYAM, 2023 ________ ARRANGEMENT OF SECTIONS ________ PART I CHAPTER I PRELIMINARY SECTIONS 1. Short title, application and commencement. 2. Definitions. PART II CHAPTER II RELEVANCY OF FACTS 3. Evidence may be given of facts in issue and relevant facts. _Closely connected facts_ 4. Relevancy of facts forming part of same transaction. 5. Facts which are occasion, cause or effect of facts in issue or relevant facts. 6. Motive, preparation and previous or subsequent conduct. 7. Facts necessary to explain or introduce fact in issue or relevant facts. 8. Things said or done by conspirator in reference to common design. 9. When facts not otherwise relevant become relevant. 10. Facts tending to enable Court to determine amount are relevant in suits for damages. 11. Facts relevant when right or custom is in question. 12. Facts showing existence of state of mind, or of body or bodily feeling. 13. Facts bearing on question whether act was accidental or intentional. 14. Existence of course of business when relevant. _Admissions_ 15. Admission defined. 16. Admission by party to proceeding or his agent. 17. Admissions by persons whose position must be proved as against party to suit. 18. Admissions by persons expressly referred to by party to suit. 19. Proof of admissions against persons making them, and by or on their behalf. 20. When oral admissions as to contents of documents are relevant. 21. Admissions in civil cases when relevant. 22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. 23. Confession to police officer. 24. Consideration of proved confession affecting person making it and others jointly under trial for same offence. 25. Admissions not conclusive proof, but may estop. 1 ----- _Statements by persons who cannot be called as witnesses_ SECTIONS 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. 27. Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated. _Statements made under special circumstances_ 28. Entries in books of account when relevant. 29. Relevancy of entry in public record or an electronic record made in performance of duty. 30. Relevancy of statements in maps, charts and plans. 31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications. 32. Relevancy of statements as to any law contained in law books including electronic or digital form. _How much of a statement is to be proved_ 33. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. _Judgments of Courts when relevant_ 34. Previous judgments relevant to bar a second suit or trial. 35. Relevancy of certain judgments in probate, etc., jurisdiction. 36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. 37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant. 38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. _Opinions of third persons when relevant_ 39. Opinions of experts. 40. Facts bearing upon opinions of experts. 41. Opinion as to handwriting and signature, when relevant. 42. Opinion as to existence of general custom or right, when relevant. 43. Opinion as to usages, tenets, etc., when relevant. 44. Opinion on relationship, when relevant. 45. Grounds of opinion, when relevant. _Character when relevant_ 46. In civil cases character to prove conduct imputed, irrelevant. 47. In criminal cases previous good character relevant. 48. Evidence of character or previous sexual experience not relevant in certain cases. 49. Previous bad character not relevant, except in reply. 50. Character as affecting damages. 2 ----- ## PART III ON PROOF CHAPTER III FACTS WHICH NEED NOT BE PROVED SECTIONS. 51. Fact judicially noticeable need not be proved. 52. Facts of which Court shall take judicial notice. 53. Facts admitted need not be proved. ## CHAPTER IV OF ORAL EVIDENCE 54. Proof of facts by oral evidence. 55. Oral evidence to be direct. ## CHAPTER V OF DOCUMENTARY EVIDENCE 56. Proof of contents of documents. 57. Primary evidence. 58. Secondary evidence. 59. Proof of documents by primary evidence. 60. Cases in which secondary evidence relating to documents maybe given. 61. Electronic or digital record. 62. Special provisions as to evidence relating to electronic record. 63. Admissibility of electronic records. 64. Rules as to notice to produce. 65. Proof of signature and handwriting of person alleged to have signed or written document produced. 66. Proof as to electronic signature. 67. Proof of execution of document required by law to be attested. 68. Proof where no attesting witness found. 69. Admission of execution by party to attested document. 70. Proof when attesting witness denies execution. 71. Proof of document not required by law to be attested. 72. Comparison of signature, writing or seal with others admitted or proved. 73. Proof as to verification of digital signature. _Public documents_ 74. Public and private documents. 75. Certified copies of public documents. 3 ----- SECTIONS 76. Proof of documents by production of certified copies. 77. Proof of other official documents. _Presumptions as to documents_ 78. Presumption as to genuineness of certified copies. 79. Presumption as to documents produced as record of evidence, etc. 80. Presumption as to Gazettes, newspapers, and other documents. 81. Presumption as to Gazettes in electronic or digital record. 82. Presumption as to maps or plans made by authority of Government. 83. Presumption as to collections of laws and reports of decisions. 84. Presumption as to powers-of-attorney. 85. Presumption as to electronic agreements. 86. Presumption as to electronic records and electronic signatures. 87. Presumption as to Electronic Signature Certificates. 88. Presumption as to certified copies of foreign judicial records. 89. Presumption as to books, maps and charts. 90. Presumption as to electronic messages. 91. Presumption as to due execution, etc., of documents not produced. 92. Presumption as to documents thirty years old. 93. Presumption as to electronic records five years old. ## CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE 94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. 95. Exclusion of evidence of oral agreement. 96. Exclusion of evidence to explain or amend ambiguous document. 97. Exclusion of evidence against application of document to existing facts. 98. Evidence as to document unmeaning in reference to existing facts. 99. Evidence as to application of language which can apply to one only of several persons. 100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. 101. Evidence as to meaning of illegible characters, etc. 102. Who may give evidence of agreement varying terms of document. 103. Saving of provisions of Indian Succession Act relating to wills. 4 ----- ## PART IV PRODUCTION AND EFFECT OF EVIDENCE ## CHAPTER VII OF THE BURDEN OF PROOF SECTIONS 104. Burden of proof. 105. On whom burden of proof lies. 106. Burden of proof as to particular fact. 107. Burden of proving fact to be proved to make evidence admissible. 108. Burden of proving that case of accused comes within exceptions. 109. Burden of proving fact especially within knowledge. 110. Burden of proving death of person known to have been alive within thirty years. 111. Burden of proving that person is alive who has not been heard of for seven years. 112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. 113. Burden of proof as to ownership. 114. Proof of good faith in transactions where one party is in relation of active confidence. 115. Presumption as to certain offences. 116. Birth during marriage, conclusive proof of legitimacy. 117. Presumption as to abetment of suicide by a married woman. 118. Presumption as to dowry death. 119. Court may presume existence of certain facts. 120. Presumption as to absence of consent in certain prosecution for rape. ## CHAPTER VIII ESTOPPEL 121. Estoppel. 122. Estoppel of tenant and of licensee of person in possession. 123. Estoppel of acceptor of bill of exchange, bailee or licensee. ## CHAPTER IX OF WITNESSES 124. Who may testify. 125. Witness unable to communicate verbally. 126. Competency of husband and wife as witnesses in certain cases. 127. Judges and Magistrates. 128. Communications during marriage. 129. Evidence as to affairs of State. 130. Official communications. 131. Information as to commission of offences. 132. Professional communications. 5 ----- SECTIONS 133. Privilege not waived by volunteering evidence. 134. Confidential communication with legal advisers. 135. Production of title-deeds of witness not a party. 136. Production of documents or electronic records which another person, having possession, could refuse to produce. 137. Witness not excused from answering on ground that answer will criminate. 138. Accomplice. 139. Number of witnesses. ## CHAPTER X OF EXAMINATION OF WITNESSES 140. Order of production and examination of witnesses. 141. Judge to decide as to admissibility of evidence. 142. Examination of witnesses. 143. Order of examinations. 144. Cross examination of person called to produce a document. 145. Witnesses to character. 146. Leading questions. 147. Evidence as to matters in writing. 148. Cross examination as to previous statements in writing. 149. Questions lawful in cross examination. 150. When witness to be compelled to answer. 151. Court to decide when question shall be asked and when witness compelled to answer. 152. Question not to be asked without reasonable grounds. 153. Procedure of Court in case of question being asked without reasonable grounds. 154. Indecent and scandalous questions. 155. Questions intended to insult or annoy. 156. Exclusion of evidence to contradict answers to questions testing veracity. 157. Question by party to his own witness. 158. Impeaching credit of witness. 159. Questions tending to corroborate evidence of relevant fact, admissible. 160. Former statements of witness may be proved to corroborate later testimony as to same fact. 161. What matters may be proved in connection with proved statement relevant under section 26 or 27. 162. Refreshing memory. 163. Testimony to facts stated in document mentioned in section 162. 164. Right of adverse party as to writing used to refresh memory. 165. Production of documents. 6 ----- SECTIONS 166. Giving, as evidence, of document called for and produced on notice. 167. Using, as evidence, of document production of which was refused on notice. 168. Judge's power to put questions or order production. ## CHAPTER XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE 169. No new trial for improper admission or rejection of evidence. CHAPTER XII REPEAL AND SAVINGS 170. Repeal and savings. THE SCHEDULE 7 ----- ## THE BHARATIYA SAKSHYA ADHINIYAM, 2023 ACT NO. 47 OF 2023 [25th December, 2023.] ## An Act to consolidate and to provide for general rules and principles of evidence for fair trial. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— PART I ## CHAPTER I PRELIMINARY **1. Short title, application and commencement.–– (1) This Act may be called the Bharatiya Sakshya** Adhiniyam, 2023. (2) It applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.— (1) In this Adhiniyam, unless the context otherwise requires,—** (a) “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence; (b) “conclusive proof” means when one fact is declared by this Adhiniyam to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it; (c) “disproved” in relation to a fact, means when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist; (d) “document” means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. _Illustrations._ (i) A writing is a document. (ii) Words printed, lithographed or photographed are documents. (iii) A map or plan is a document. (iv) An inscription on a metal plate or stone is a document. (v) A caricature is a document. (vi) An electronic record on emails, server logs, documents on computers, laptop or smartphone, messages, websites, locational evidence and voice mail messages stored on digital devices are documents; (e) “evidence” means and includes— 1. 1st July, 2024, _vide notification No. S.O. 849(E), dated, 23[rd] day of February, 2024,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 8 ----- (i) all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and such statements are called oral evidence; (ii) all documents including electronic or digital records produced for the inspection of the Court and such documents are called documentary evidence; (f) “fact” means and includes— (i) any thing, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. _Illustrations._ (i) That there are certain objects arranged in a certain order in a certain place, is a fact. (ii) That a person heard or saw something, is a fact. (iii) That a person said certain words, is a fact. (iv) That a person holds a certain opinion, has a certain intention, acts in good faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact; (g) “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. _Explanation.—Whenever, under the provisions of the law for the time being in force relating to_ Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. _Illustrations._ A is accused of the murder of B. At his trial, the following facts may be in issue:— (i) That A caused B's death. (ii) That A intended to cause B's death. (iii) That A had received grave and sudden provocation from B. (iv) That A, at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable of knowing its nature; (h) “may presume”.—Whenever it is provided by this Adhiniyam that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved or may call for proof of it; (i) “not proved”.—A fact is said to be not proved when it is neither proved nor disproved; (j) “proved”.—A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists; (k) “relevant”.—A fact is said to be relevant to another when it is connected with the other in any of the ways referred to in the provisions of this Adhiniyam relating to the relevancy of facts; (l) “shall presume”.—Whenever it is directed by this Adhiniyam that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. 9 ----- (2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (21 of 2000), the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023 shall have the same meanings as assigned to them in the said Act and Sanhitas. PART II CHAPTER II RELEVANCY OF FACTS **3. Evidence may be given of facts in issue and relevant facts.— Evidence may be given in any suit** or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. _Explanation.—This section shall not enable any person to give evidence of a fact which he is_ disentitled to prove by any provision of the law for the time being in force relating to civil procedure. _Illustrations._ (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At A’s trial the following facts are in issue:— A’s beating B with the club; A’s causing B’s death by such beating; A’s intention to cause B’s death. (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure, 1908 (5 of 1908). _Closely connected facts_ **4. Relevancy of facts forming part of same transaction.—Facts which, though not in issue, are so** connected with a fact in issue or a relevant fact as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. _Illustrations._ (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the bystanders at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. (b) A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and jails are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of them. (c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the libel itself. (d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact. **5. Facts which are occasion, cause or effect of facts in issue or relevant facts.— Facts which are** the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. 10 ----- _Illustrations._ (a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant. (b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. (c) The question is, whether A poisoned B. The state of B's health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts. **6. Motive, preparation and previous or subsequent conduct.—(1) Any fact is relevant which** shows or constitutes a motive or preparation for any fact in issue or relevant fact. (2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person, an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. _Explanation 1.—The word “conduct” in this section does not include statements, unless those_ statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Adhiniyam. _Explanation 2.—When the conduct of any person is relevant, any statement made to him or in his_ presence and hearing, which affects such conduct, is relevant. _Illustrations._ (a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant. (b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant. (c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant. (d) The question is, whether a certain document is the will of A. The facts that, not long before, the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate; that he consulted advocates in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are relevant. (e) A is accused of a crime. The facts that, either before, or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant. (f) The question is, whether A robbed B. The facts that, after B was robbed, C said in A's presence— “the police are coming to look for the person who robbed B”, and that immediately afterwards A ran away, are relevant. (g) The question is, whether A owes B ten thousand rupees. The facts that A asked C to lend him money, and that D said to C in A's presence and hearing—“I advise you not to trust A, for he owes B ten thousand rupees”, and that A went away without making any answer, are relevant facts. (h) The question is, whether A committed a crime. The fact that A absconded, after receiving a letter, warning A that inquiry was being made for the criminal, and the contents of the letter, are relevant. 11 ----- (i) A is accused of a crime. The facts that, after the commission of the alleged crime, A absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant. (j) The question is, whether A was raped. The fact that, shortly after the alleged rape, A made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, A said that A had been raped is not relevant as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160. (k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, A made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that A said he had been robbed, without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160. **7. Facts necessary to explain or introduce fact in issue or relevant facts.—Facts necessary to** explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything, or person whose identity, is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. _Illustrations._ (a) The question is, whether a given document is the will of A. The state of A's property and of his family at the date of the alleged will may be relevant facts. (b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true. The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B. (c) A is accused of a crime. The fact that, soon after the commission of the crime, A absconded from his house, is relevant under section 6, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, A had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly. The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent. (d) A sues B for inducing C to break a contract of service made by him with A. C, on leaving A's service, says to A—“I am leaving you because B has made me a better offer”. This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue. (e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says as he delivers it—“A says you are to hide this”. B's statement is relevant as explanatory of a fact which is part of the transaction. (f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction. **8. Things said or done by conspirator in reference to common design.—Where there is** reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. 12 ----- _Illustration._ Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the State. The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Kolkata for a like object, D persuaded persons to join the conspiracy in Mumbai, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Singapore the money which C had collected at Kolkata, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A's complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it. **9. When facts not otherwise relevant become relevant.—Facts not otherwise relevant are** relevant— (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. _Illustrations._ (a) The question is, whether A committed a crime at Chennai on a certain day. The fact that, on that day, A was at Ladakh is relevant. The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. (b) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant. **10. Facts tending to enable Court to determine amount are relevant in suits for damages.—In** suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant. **11. Facts relevant when right or custom is in question.—Where the question is as to the existence** of any right or custom, the following facts are relevant— (a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from. _Illustration._ The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts. **12. Facts showing existence of state of mind, or of body or bodily feeling.—Facts showing the** existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. _Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that_ the state of mind exists, not generally, but in reference to the particular matter in question. _Explanation 2.—But where, upon the trial of a person accused of an offence, the previous_ commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact. 13 ----- _Illustrations._ (a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession to be stolen. (b) A is accused of fraudulently delivering to another person a counterfeit currency which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit currency is relevant. The fact that A had been previously convicted of delivering to another person as genuine a counterfeit currency knowing it to be counterfeit is relevant. (c) A sues B for damage done by a dog of B's, which B knew to be ferocious. The fact that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant. (d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person. (e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B is relevant, as proving A's intention to harm B's reputation by the particular publication in question. The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B. (f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith. (g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A's defence is that B's contract was with C. The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a position to contract with B on C's own account, and not as agent for A. (h) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that A knew of the notice did not disprove A's good faith. (i) A is charged with shooting at B with intent to kill him. In order to show A's intent, the fact of A's having previously shot at B may be proved. (j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing the intention of the letters. (k) The question is, whether A has been guilty of cruelty towards B, his wife. Expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts. (l) The question is, whether A's death was caused by poison. Statements made by A during his illness as to his symptoms are relevant facts. (m) The question is, what was the state of A's health at the time when an assurance on his life was effected. Statements made by A as to the state of his health at or near the time in question are relevant facts. 14 ----- (n) A sues B for negligence in providing him with a car for hire not reasonably fit for use, whereby A was injured. The fact that B's attention was drawn on other occasions to the defect of that particular car is relevant. The fact that B was habitually negligent about the cars which he let to hire is irrelevant. (o) A is tried for the murder of B by intentionally shooting him dead. The fact that A on other occasions shot at B is relevant as showing his intention to shoot B. The fact that A was in the habit of shooting at people with intent to murder them is irrelevant. (p) A is tried for a crime. The fact that he said something indicating an intention to commit that particular crime is relevant. The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant. **13. Facts bearing on question whether act was accidental or intentional.—When there is a** question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. _Illustrations._ (a) A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several houses successively each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance company, are relevant, as tending to show that the fires were not accidental. (b) A is employed to receive money from the debtors of B. It is A's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive. The question is, whether this false entry was accidental or intentional. The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant. (c) A is accused of fraudulently delivering to B a counterfeit currency. The question is, whether the delivery of the currency was accidental. The facts that, soon before or soon after the delivery to B, A delivered counterfeit currency to C, D and E are relevant, as showing that the delivery to B was not accidental. **14. Existence of course of business when relevant.—When there is a question whether a particular** act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. _Illustrations._ (a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant. (b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant. _Admissions_ **15. Admission defined.—An admission is a statement, oral or documentary or contained in** electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. **16. Admission by party to proceeding or his agent.—(1) Statements made by a party to the** proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions. (2) Statements made by— (i) parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or 15 ----- (ii) (a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or (b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements. **17. Admissions by persons whose position must be proved as against party to suit.—Statements** made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. _Illustration._ A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B. **18. Admissions by persons expressly referred to by party to suit.—Statements made by persons to** whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. _Illustration._ The question is, whether a horse sold by A to B is sound. A says to B— “Go and ask C, C knows all about it”. C's statement is an admission. **19. Proof of admissions against persons making them, and by or on their behalf.—Admissions** are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases, namely:— (1) an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26; (2) an admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable; (3) an admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission. _Illustrations._ (a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged. (b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under clause (b) of section 26. 16 ----- (c) A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26. (d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue. (e) A is accused of fraudulently having in his possession counterfeit currency which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine. A may prove these facts. **20. When oral admissions as to contents of documents are relevant.—Oral admissions as to the** contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. **21. Admissions in civil cases when relevant.—In civil cases no admission is relevant, if it is made** either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. _Explanation.—Nothing in this section shall be taken to exempt any advocate from giving evidence of_ any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132. **22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal** **proceeding.—A confession made by an accused person is irrelevant in a criminal proceeding, if the** making of the confession appears to the Court to have been caused by any inducement, threat, coercion or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him: Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant: Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him. **23. Confession to police officer.—(1) No confession made to a police officer shall be proved as** against a person accused of any offence. (2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him: Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved. **24. Consideration of proved confession affecting person making it and others jointly under trial** **for same offence.—When more persons than one are being tried jointly for the same offence, and a** confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession. _Explanation I.—“Offence”, as used in this section, includes the abetment of, or attempt to commit,_ the offence. 17 ----- _Explanation II.—A trial of more persons than one held in the absence of the accused who has_ absconded or who fails to comply with a proclamation issued under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be deemed to be a joint trial for the purpose of this section. _Illustrations._ (a) A and B are jointly tried for the murder of C. It is proved that A said—“B and I murdered C”. The Court may consider the effect of this confession as against B. (b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said— “A and I murdered C”. This statement may not be taken into consideration by the Court against A, as B is not being jointly tried. **25. Admissions not conclusive proof, but may estop.—Admissions are not conclusive proof of the** matters admitted but they may operate as estoppels under the provisions hereinafter contained. _Statements by persons who cannot be called as witnesses_ **26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is** **relevant.—Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot** be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases, namely:— (a) when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question; (b) when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him; (c) when the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages; (d) when the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen; (e) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised; (f) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised; (g) when the statement is contained in any deed, will or other document which relates to any such transaction as is specified in clause (a) of section 11; (h) when the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question. 18 ----- _Illustrations._ (a) The question is, whether A was murdered by B; or A dies of injuries received in a transaction in the course of which she was raped. The question is whether she was raped by B; or the question is, whether A was killed by B under such circumstances that a suit would lie against B by A's widow. Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and the actionable wrong under consideration, are relevant facts. (b) The question is as to the date of A's birth. An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that, on a given day he attended A's mother and delivered her of a son, is a relevant fact. (c) The question is, whether A was in Nagpur on a given day. A statement in the diary of a deceased solicitor, regularly kept in the course of business, that on a given day the solicitor attended A at a place mentioned, in Nagpur, for the purpose of conferring with him upon specified business, is a relevant fact. (d) The question is, whether a ship sailed from Mumbai harbour on a given day. A letter written by a deceased member of a merchant's firm by which she was chartered to their correspondents in Chennai, to whom the cargo was consigned, stating that the ship sailed on a given day from Mumbai port, is a relevant fact. (e) The question is, whether rent was paid to A for certain land. A letter from A's deceased agent to A, saying that he had received the rent on A's account and held it at A's orders is a relevant fact. (f) The question is, whether A and B were legally married. The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime is relevant. (g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact that a letter written by him is dated on that day is relevant. (h) The question is, what was the cause of the wreck of a ship. A protest made by the captain, whose attendance cannot be procured, is a relevant fact. (i) The question is, whether a given road is a public way. A statement by A, a deceased headman of the village, that the road was public, is a relevant fact. (j) The question is, what was the price of grain on a certain day in a particular market. A statement of the price, made by a deceased business person in the ordinary course of his business, is a relevant fact. (k) The question is, whether A, who is dead, was the father of B. A statement by A that B was his son, is a relevant fact. (l) The question is, what was the date of the birth of A. A letter from A's deceased father to a friend, announcing the birth of A on a given day, is a relevant fact. (m) The question is, whether, and when, A and B were married. An entry in a memorandum book by C, the deceased father of B, of his daughter's marriage with A on a given date, is a relevant fact. (n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is as to the similarity of the caricature and its libellous character. The remarks of a crowd of spectators on these points may be proved. **27. Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein** **stated.—Evidence given by a witness in a judicial proceeding, or before any person authorised by law to** take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable: Provided that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine and the questions in issue were substantially the same in the first as in the second proceeding. 19 ----- _Explanation.—A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor_ and the accused within the meaning of this section. _Statements made under special circumstances_ **28. Entries in books of account when relevant.—Entries in the books of account, including those** maintained in an electronic form, regularly kept in the course of business are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability. _Illustration._ A sues B for one thousand rupees, and shows entries in his account books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt. **29. Relevancy of entry in public record or an electronic record made in performance of duty.—** An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact. **30. Relevancy of statements in maps, charts and plans.—Statements of facts in issue or relevant** facts, made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of the Central Government or any State Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts. **31. Relevancy of statement as to fact of public nature contained in certain Acts or** **notifications.—When the Court has to form an opinion as to the existence of any fact of a public nature,** any statement of it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, is a relevant fact. **32. Relevancy of statements as to any law contained in law books including electronic or digital** **form.—When the Court has to form an opinion as to a law of any country, any statement of such law** contained in a book purporting to be printed or published including in electronic or digital form under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of such country contained in a book including in electronic or digital form purporting to be a report of such rulings, is relevant. _How much of a statement is to be proved_ **33. What evidence to be given when statement forms part of a conversation, document,** **electronic record, book or series of letters or papers.—When any statement of which evidence is given** forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made. _Judgments of Courts when relevant_ **34. Previous judgments relevant to bar a second suit or trial.—The existence of any judgment,** order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a 20 ----- relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial. **35. Relevancy of certain judgments in probate, etc., jurisdiction.—(1) A final judgment, order or** decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. (2) Such judgment, order or decree is conclusive proof that— (i) any legal character, which it confers accrued at the time when such judgment, order or decree came into operation; (ii) any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person; (iii) any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and (iv) anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property. **36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in** **section 35.—Judgments, orders or decrees other than those mentioned in section 35 are relevant if they** relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state. _Illustration._ A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists. **37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.—** Judgments or orders or decrees, other than those mentioned in sections 34, 35 and 36, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Adhiniyam. _Illustrations._ (a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither. A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C. (b) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant. (c) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence. The existence of the judgment is relevant, as showing motive for a crime. (d) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue. (e) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 6 as showing the motive for the fact in issue. 21 ----- **38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.—Any** party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion. _Opinions of third persons when relevant_ **39. Opinions of experts.—(1) When the Court has to form an opinion upon a point of foreign law or** of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions are relevant facts and such persons are called experts. _Illustrations._ (a) The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant. (b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant. (c) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant. (2) When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact. _Explanation.—For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an_ expert. **40. Facts bearing upon opinions of experts.—Facts, not otherwise relevant, are relevant if they** support or are inconsistent with the opinions of experts, when such opinions are relevant. _Illustrations._ (a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant. (b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant. **41. Opinion as to handwriting and signature, when relevant.—(1) When the Court has to form an** opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. _Explanation.—A person is said to be acquainted with the handwriting of another person when he has_ seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him. 22 ----- _Illustration._ The question is, whether a given letter is in the handwriting of A, a merchant in Itanagar. B is a merchant in Bengaluru, who has written letters addressed to A and received letters purporting to be written by him. C, is B's clerk whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising him thereon. The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write. (2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact. **42. Opinion as to existence of general custom or right, when relevant.—When the Court has to** form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. _Explanation.—The expression “general custom or right” includes customs or rights common to any_ considerable class of persons. _Illustration._ The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section. **43. Opinion as to usages, tenets, etc., when relevant.—When the Court has to form an opinion as** to— (i) the usages and tenets of any body of men or family; (ii) the constitution and governance of any religious or charitable foundation; or (iii) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts. **44. Opinion on relationship, when relevant.—When the Court has to form an opinion as to the** relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, 1869 (4 of 1869), or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023. _Illustrations._ (a) The question is, whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant. (b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant. **45. Grounds of opinion, when relevant.—Whenever the opinion of any living person is relevant,** the grounds on which such opinion is based are also relevant. _Illustration._ An expert may give an account of experiments performed by him for the purpose of forming his opinion. _Character when relevant_ **46. In civil cases character to prove conduct imputed, irrelevant.—In civil cases the fact that the** character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant. 23 ----- **47. In criminal cases previous good character relevant.—In criminal proceedings the fact that the** person accused is of a good character, is relevant. **48. Evidence of character or previous sexual experience not relevant in certain cases.—In a** prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent. **49. Previous bad character not relevant, except in reply.—In criminal proceedings, the fact that** the accused has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. _Explanation 1.—This section does not apply to cases in which the bad character of any person is_ itself a fact in issue. _Explanation 2.—A previous conviction is relevant as evidence of bad character._ **50. Character as affecting damages.—In civil cases, the fact that the character of any person is such** as to affect the amount of damages which he ought to receive, is relevant. _Explanation.—In this section and sections 46, 47 and 49, the word “character” includes both_ reputation and disposition; but, except as provided in section 49, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition has been shown. PART III ON PROOF CHAPTER III FACTS WHICH NEED NOT BE PROVED **51. Fact judicially noticeable need not be proved.—No fact of which the Court will take judicial** notice need be proved. **52. Facts of which Court shall take judicial notice.—(1) The Court shall take judicial notice of the** following facts, namely:— (a) all laws in force in the territory of India including laws having extra-territorial operation; (b) international treaty, agreement or convention with country or countries by India, or decisions made by India at international associations or other bodies; (c) the course of proceeding of the Constituent Assembly of India, of Parliament of India and of the State Legislatures; (d) the seals of all Courts and Tribunals; (e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public, and all seals which any person is authorised to use by the Constitution, or by an Act of Parliament or State Legislatures, or Regulations having the force of law in India; (f) the accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in any Official Gazette; (g) the existence, title and national flag of every country or sovereign recognised by the Government of India; 24 ----- (h) the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette; (i) the territory of India; (j) the commencement, continuance and termination of hostilities between the Government of India and any other country or body of persons; (k) the names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of advocates and other persons authorised by law to appear or act before it; (l) the rule of the road on land or at sea. (2) In the cases referred to in sub-section (1) and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference and if the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so. **53. Facts admitted need not be proved.—No fact needs to be proved in any proceeding which the** parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings: Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions. CHAPTER IV OF ORAL EVIDENCE **54. Proof of facts by oral evidence.—All facts, except the contents of documents may be proved by** oral evidence. **55. Oral evidence to be direct.—Oral evidence shall, in all cases whatever, be direct; if it refers** to,— (i) a fact which could be seen, it must be the evidence of a witness who says he saw it; (ii) a fact which could be heard, it must be the evidence of a witness who says he heard it; (iii) a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; (iv) an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable: Provided further that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection. CHAPTER V OF DOCUMENTARY EVIDENCE **56. Proof of contents of documents.—The contents of documents may be proved either by primary** or by secondary evidence. **57. Primary evidence.—Primary evidence means the document itself produced for the inspection of** the Court. 25 ----- _Explanation 1.—Where a document is executed in several parts, each part is primary evidence of_ the document. _Explanation 2.—Where a document is executed in counterpart, each counterpart being executed_ by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. _Explanation 3.—Where a number of documents are all made by one uniform process, as in the_ case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original. _Explanation 4.—Where an electronic or digital record is created or stored, and such storage_ occurs simultaneously or sequentially in multiple files, each such file is primary evidence. _Explanation 5.—Where an electronic or digital record is produced from proper custody, such_ electronic and digital record is primary evidence unless it is disputed. _Explanation 6.—Where a video recording is simultaneously stored in electronic form and_ transmitted or broadcast or transferred to another, each of the stored recordings is primary evidence. _Explanation 7.—Where an electronic or digital record is stored in multiple storage spaces in a_ computer resource, each such automated storage, including temporary files, is primary evidence. _Illustration._ A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original. ## 58. Secondary evidence.—Secondary evidence includes— (i) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (iii) copies made from or compared with the original; (iv) counterparts of documents as against the parties who did not execute them; (v) oral accounts of the contents of a document given by some person who has himself seen it; (vi) oral admissions; (vii) written admissions; (viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents. _Illustrations._ (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original. (c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. (d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original. 26 ----- ## 59. Proof of documents by primary evidence.— Documents shall be proved by primary evidence except in the cases hereinafter mentioned. ## 60. Cases in which secondary evidence relating to documents may be given.—Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely:— (a) when the original is shown or appears to be in the possession or power— (i) of the person against whom the document is sought to be proved; or (ii) of any person out of reach of, or not subject to, the process of the Court; or (iii) of any person legally bound to produce it, and when, after the notice mentioned in section 64 such person does not produce it; (b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest; (c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time; (d) when the original is of such a nature as not to be easily movable; (e) when the original is a public document within the meaning of section 74; (f) when the original is a document of which a certified copy is permitted by this Adhiniyam, or by any other law in force in India to be given in evidence; (g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection. _Explanation.—For the purposes of—_ (i) clauses (a), (c) and (d), any secondary evidence of the contents of the document is admissible; (ii) clause (b), the written admission is admissible; (iii) clause (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible; (iv) clause (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such document. ## 61. Electronic or digital record.—Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document. ## 62. Special provisions as to evidence relating to electronic record.—The contents of electronic records may be proved in accordance with the provisions of section 63. ## 63. Admissibility of electronic records.—(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible. 27 ----- (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:— (a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or Communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or Communication device in the ordinary course of the said activities; (c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and (d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or Communication device in the ordinary course of the said activities. (3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether— (a) in standalone mode; or (b) on a computer system; or (c) on a computer network; or (d) on a computer resource enabling information creation or providing information processing and storage; or (e) through an intermediary, all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly. (4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:— (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3); (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule. (5) For the purposes of this section,— 28 ----- (a) information shall be taken to be supplied to a computer or communication device if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; (b) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3). **64. Rules as to notice to produce.—Secondary evidence of the contents of the documents referred to** in clause (a) of section 60, shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his advocate or representative, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case: Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it:— (a) when the document to be proved is itself a notice; (b) when, from the nature of the case, the adverse party must know that he will be required to produce it; (c) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force; (d) when the adverse party or his agent has the original in Court; (e) when the adverse party or his agent has admitted the loss of the document; (f) when the person in possession of the document is out of reach of, or not subject to, the process of the Court. **65. Proof of signature and handwriting of person alleged to have signed or written document** **produced.—If a document is alleged to be signed or to have been written wholly or in part by any person,** the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting. **66. Proof as to electronic signature.—Except in the case of a secure electronic signature, if the** electronic signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such electronic signature is the electronic signature of the subscriber must be proved. **67. Proof of execution of document required by law to be attested.—If a document is required by** law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied. **68. Proof where no attesting witness found.—If no such attesting witness can be found, it must be** proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person. **69. Admission of execution by party to attested document.—The admission of a party to an** attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested. **70. Proof when attesting witness denies execution.—If the attesting witness denies or does not** recollect the execution of the document, its execution may be proved by other evidence. 29 ----- **71. Proof of document not required by law to be attested.—An attested document not required by** law to be attested may be proved as if it was unattested. **72. Comparison of signature, writing or seal with others admitted or proved.—(1) In order to** ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose. (2) The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person. (3) This section applies also, with any necessary modifications, to finger impressions. **73. Proof as to verification of digital signature.—In order to ascertain whether a digital signature is** that of the person by whom it purports to have been affixed, the Court may direct— (a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate; (b) any other person to apply the public key listed in the Digital Signature Certificate and verify the digital signature purported to have been affixed by that person. _Public documents_ **74. Public and private documents.—(1) The following documents are public documents:—** (a) documents forming the acts, or records of the acts— (i) of the sovereign authority; (ii) of official bodies and tribunals; and (iii) of public officers, legislative, judicial and executive of India or of a foreign country; (b) public records kept in any State or Union territory of private documents. (2) All other documents except the documents referred to in sub-section (1) are private. **75. Certified copies of public documents.—Every public officer having the custody of a public** document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certified copies. _Explanation.—Any officer who, by the ordinary course of official duty, is authorised to deliver such_ copies, shall be deemed to have the custody of such documents within the meaning of this section. **76. Proof of documents by production of certified copies.—Such certified copies may be produced** in proof of the contents of the public documents or parts of the public documents of which they purport to be copies. **77. Proof of other official documents.—The following public documents may be proved as** follows: — (a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any State Government or any Department of any State Government or Union territory Administration— (i) by the records of the Departments, certified by the head of those Departments respectively; or 30 ----- (ii) by any document purporting to be printed by order of any such Government; (b) the proceedings of Parliament or a State Legislature, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned; (c) proclamations, orders or Regulations issued by the President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette; (d) the Acts of the Executive or the proceedings of the Legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in any Central Act; (e) the proceedings of a municipal or local body in a State, by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body; (f) public documents of any other class in a foreign country, by the original or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country. _Presumptions as to documents_ **78. Presumption as to genuineness of certified copies.—(1) The Court shall presume to be genuine** every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the Central Government or of a State Government: Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. (2) The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper. **79. Presumption as to documents produced as record of evidence, etc.—Whenever any document** is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that— (i) the document is genuine; (ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and (iii) such evidence, statement or confession was duly taken. **80. Presumption as to Gazettes, newspapers, and other documents.—The Court shall presume the** genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody. _Explanation.—For the purposes of this section and section 92, document is said to be in proper_ custody if it is in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render that origin probable. 31 ----- **81. Presumption as to Gazettes in electronic or digital record.—The Court shall presume the** genuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be electronic or digital record directed by any law to be kept by any person, if such electronic or digital record is kept substantially in the form required by law and is produced from proper custody. _Explanation.—For the purposes of this section and section 93 electronic records are said to be in_ proper custody if they are in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render that origin probable. **82. Presumption as to maps or plans made by authority of Government.—The Court shall** presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate. **83. Presumption as to collections of laws and reports of decisions.—The Court shall presume the** genuineness of, every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country. **84. Presumption as to powers-of-attorney.—The Court shall presume that every document** purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated. **85. Presumption as to electronic agreements.—The Court shall presume that every electronic** record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties. **86. Presumption as to electronic records and electronic signatures.—(1) In any proceeding** involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates. (2) In any proceeding, involving secure electronic signature, the Court shall presume unless the contrary is proved that— (a) the secure electronic signature is affixed by subscriber with the intention of signing or approving the electronic record; (b) except in the case of a secure electronic record or a secure electronic signature, nothing in this section shall create any presumption, relating to authenticity and integrity of the electronic record or any electronic signature. **87. Presumption as to Electronic Signature Certificates.—The Court shall presume, unless** contrary is proved, that the information listed in an Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber. **88. Presumption as to certified copies of foreign judicial records.—(1) The Court may presume** that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records. (2) An officer who, with respect to any territory or place outside India is a Political Agent therefor, as defined in clause (43) of section 3 of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of the Central Government in and for the country comprising that territory or place. **89. Presumption as to books, maps and charts.—The Court may presume that any book to which it** may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts, and which is produced for its inspection, was written and 32 ----- published by the person, and at the time and place, by whom or at which it purports to have been written or published. **90. Presumption as to electronic messages.—The Court may presume that an electronic message,** forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent. **91. Presumption as to due execution, etc., of documents not produced.—The Court shall presume** that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law. **92. Presumption as to documents thirty years old.—Where any document, purporting or proved to** be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. _Explanation.—The Explanation to section 80 shall also apply to this section._ _Illustrations._ (a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody shall be proper. (b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody shall be proper. (c) A, a connection of B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody shall be proper. **93. Presumption as to electronic records five years old.—Where any electronic record, purporting** or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the electronic signature which purports to be the electronic signature of any particular person was so affixed by him or any person authorised by him in this behalf. _Explanation.—The Explanation to section 81 shall also apply to this section._ CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE **94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of** **document.—When the terms of a contract, or of a grant, or of any other disposition of property, have** been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. _Exception 1.—When a public officer is required by law to be appointed in writing, and when it is_ shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. _Exception 2.—Wills admitted to probate in India may be proved by the probate._ _Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of_ property referred to are contained in one document, and to cases in which they are contained in more documents than one. _Explanation 2.—Where there are more originals than one, one original only need be proved._ 33 ----- _Explanation 3.—The statement, in any document whatever, of a fact other than the facts referred to in_ this section, shall not preclude the admission of oral evidence as to the same fact. _Illustrations._ (a) If a contract be contained in several letters, all the letters in which it is contained must be proved. (b) If a contract is contained in a bill of exchange, the bill of exchange must be proved. (c) If a bill of exchange is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible. (e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible. **95. Exclusion of evidence of oral agreement.—When the terms of any such contract, grant or other** disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 94, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms: Provided that any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law: Provided further that the existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document: Provided also that the existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved: Provided also that the existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property, may be proved, except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents: Provided also that any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description, may be proved: Provided also that the annexing of such incident would not be repugnant to, or inconsistent with, the express terms of the contract: Provided also that any fact may be proved which shows in what manner the language of a document is related to existing facts. _Illustrations._ (a) A policy of insurance is effected on goods “in ships from Kolkata to Visakhapatnam”. The goods are shipped in a particular ship which is lost. The fact that particular ship was orally excepted from the policy, cannot be proved. (b) A agrees absolutely in writing to pay B one thousand rupees on the 1st March, 2023. The fact that, at the same time, an oral agreement was made that the money should not be paid till the 31st March, 2023, cannot be proved. (c) An estate called “the Rampur tea estate” is sold by a deed which contains a map of the property sold. The fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved. 34 ----- (d) A enters into a written contract with B to work certain mines, the property of B, upon certain terms. A was induced to do so by a misrepresentation of B's as to their value. This fact may be proved. (e) A institutes a suit against B for the specific performance of a contract, and also prays that the contract may be reformed as to one of its provisions, as that provision was inserted in it by mistake. A may prove that such a mistake was made as would by law entitle him to have the contract reformed. (f) A orders goods of B by a letter in which nothing is said as to the time of payment, and accepts the goods on delivery. B sues A for the price. A may show that the goods were supplied on credit for a term still unexpired. (g) A sells B a horse and verbally warrants him sound. A gives B a paper in these words— “Bought of A a horse for thirty thousand rupees”. B may prove the verbal warranty. (h) A hires lodgings of B, and gives B a card on which is written— “Rooms, ten thousand rupees a month”. A may prove a verbal agreement that these terms were to include partial board. A hires lodging of B for a year, and a regularly stamped agreement, drawn up by an advocate, is made between them. It is silent on the subject of board. A may not prove that board was included in the term verbally. (i) A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does not send the money. In a suit for the amount, A may prove this. (j) A and B make a contract in writing to take effect upon the happening of a certain contingency. The writing is left with B who sues A upon it. A may show the circumstances under which it was delivered. **96. Exclusion of evidence to explain or amend ambiguous document.—When the language used** in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. _Illustrations._ (a) A agrees, in writing, to sell a horse to B for “one lakh rupees or one lakh fifty thousand rupees”. Evidence cannot be given to show which price was to be given. (b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled. **97. Exclusion of evidence against application of document to existing facts.—When language** used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. _Illustration._ A sells to B, by deed, “my estate at Rampur containing one hundred _bighas”. A has an estate at_ Rampur containing one hundred bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size. **98. Evidence as to document unmeaning in reference to existing facts.—When language used in a** document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. _Illustration._ A sells to B, by deed, “my house in Kolkata”. A had no house in Kolkata, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house at Howrah. **99. Evidence as to application of language which can apply to one only of several persons.—** When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to. 35 ----- _Illustrations._ (a) A agrees to sell to B, for one thousand rupees, “my white horse”. A has two white horses. Evidence may be given of facts which show which of them was meant. (b) A agrees to accompany B to Ramgarh. Evidence may be given of facts showing whether Ramgarh in Rajasthan or Ramgarh in Uttarakhand was meant. **100. Evidence as to application of language to one of two sets of facts, to neither of which the** **whole correctly applies.—When the language used applies partly to one set of existing facts, and partly** to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply. _Illustration._ A agrees to sell to B “my land at X in the occupation of Y”. A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell. **101. Evidence as to meaning of illegible characters, etc.—Evidence may be given to show the** meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense. _Illustration._ A, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools. Evidence may be given to show which he meant to sell. **102. Who may give evidence of agreement varying terms of document.—Persons who are not** parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. _Illustration._ A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time, they make an oral agreement that three months’ credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests. **103. Saving of provisions of Indian Succession Act relating to wills.—Nothing in this Chapter** shall be taken to affect any of the provisions of the Indian Succession Act, 1925 (39 of 1925) as to the construction of wills. PART IV PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII OF THE BURDEN OF PROOF **104. Burden of proof.—Whoever desires any Court to give judgment as to any legal right or liability** dependent on the existence of facts which he asserts must prove that those facts exist, and when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. _Illustrations._ (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts. **105. On whom burden of proof lies.—The burden of proof in a suit or proceeding lies on that** person who would fail if no evidence at all were given on either side. 36 ----- _Illustrations._ (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B. **106. Burden of proof as to particular fact.—The burden of proof as to any particular fact lies on** that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. _Illustration._ A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it. **107. Burden of proving fact to be proved to make evidence admissible.—The burden of proving** any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. _Illustrations._ (a) A wishes to prove a dying declaration by B. A must prove B's death. (b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost. **108. Burden of proving that case of accused comes within exceptions.—When a person is accused** of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso contained in any other part of the said Sanhita, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. _Illustrations._ (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control. The burden of proof is on A. (c) Section 117 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 117. The burden of proving the circumstances bringing the case under sub-section (2) of section 122 lies on A. **109. Burden of proving fact especially within knowledge.—When any fact is especially within the** knowledge of any person, the burden of proving that fact is upon him. _Illustrations._ (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him. **110. Burden of proving death of person known to have been alive within thirty years.—When** the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. 37 ----- **111. Burden of proving that person is alive who has not been heard of for seven years.—When** the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it. **112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal** **and agent.—When the question is whether persons are partners, landlord and tenant, or principal and** agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it. **113. Burden of proof as to ownership.—When the question is whether any person is owner of** anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner. **114. Proof of good faith in transactions where one party is in relation of active confidence.—** Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. _Illustrations._ (a) The good faith of a sale by a client to an advocate is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the advocate. (b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father. **115. Presumption as to certain offences.—(1) Where a person is accused of having committed any** offence specified in sub-section (2), in— (a) any area declared to be a disturbed area under any enactment for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order; or (b) any area in which there has been, over a period of more than one month, extensive disturbance of the public peace, and it is shown that such person had been at a place in such area at a time when firearms or explosives were used at or from that place to attack or resist the members of any armed forces or the forces charged with the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless the contrary is shown, that such person had committed such offence. (2) The offences referred to in sub-section (1) are the following, namely:— (a) an offence under section 147, section 148, section 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023; (b) criminal conspiracy or attempt to commit, or abetment of, an offence under section 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023. **116. Birth during marriage, conclusive proof of legitimacy.—The fact that any person was born** during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate child of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten. **117. Presumption as to abetment of suicide by a married woman.—When the question is whether** the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may 38 ----- presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband. _Explanation.—For the purposes of this section, “cruelty” shall have the same meaning as in_ section 86 of the Bharatiya Nyaya Sanhita, 2023. **118. Presumption as to dowry death.—When the question is whether a person has committed the** dowry death of a woman and it is shown that soon before her death, such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. _Explanation.—For the purposes of this section, “dowry death” shall have the same meaning as_ in section 80 of the Bharatiya Nyaya Sanhita, 2023. **119. Court may presume existence of certain facts.—(1) The Court may presume the existence of** any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. _Illustrations._ The Court may presume that— (a) a man who is in possession of stolen goods soon, after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession; (b) an accomplice is unworthy of credit, unless he is corroborated in material particulars; (c) a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration; (d) a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or state of things usually cease to exist, is still in existence; (e) judicial and official acts have been regularly performed; (f) the common course of business has been followed in particular cases; (g) evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (h) if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him; (i) when a document creating an obligation is in the hands of the obligor, the obligation has been discharged. (2) The Court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it:— (i) as to Illustration (a)—a shop-keeper has in his bill a marked rupee soon after it was stolen, and cannot account for its possession specifically, but is continually receiving rupees in the course of his business; (ii) as to Illustration (b) —A, a person of the highest character, is tried for causing a man's death by an act of negligence in arranging certain machinery. B, a person of equally good character, who also took part in the arrangement, describes precisely what was done, and admits and explains the common carelessness of A and himself; (iii) as to _Illustration (b) —a crime is committed by several persons. A, B and C, three of the_ criminals, are captured on the spot and kept apart from each other. Each gives an account of the crime implicating D, and the accounts corroborate each other in such a manner as to render previous concert highly improbable; 39 ----- (iv) as to _Illustration (c)—A, the drawer of a bill of exchange, was a man of business. B, the_ acceptor, was a young and ignorant person, completely under A's influence; (v) as to Illustration (d)—it is proved that a river ran in a certain course five years ago, but it is known that there have been floods since that time which might change its course; (vi) as to _Illustration (e)—a judicial act, the regularity of which is in question, was performed_ under exceptional circumstances; (vii) as to Illustration (f)—the question is, whether a letter was received. It is shown to have been posted, but the usual course of the post was interrupted by disturbances; (viii) as to Illustration (g)—a man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and reputation of his family; (ix) as to Illustration (h)—a man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked; (x) as to Illustration (i)—a bond is in possession of the obligor, but the circumstances of the case are such that he may have stolen it. **120. Presumption as to absence of consent in certain prosecution for rape.—In a prosecution for** rape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent. _Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in_ section 63 of the Bharatiya Nyaya Sanhita, 2023. CHAPTER VIII ESTOPPEL **121. Estoppel.—When one person has, by his declaration, act or omission, intentionally caused or** permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing. _Illustration._ A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title. **122. Estoppel of tenant and of licensee of person in possession.—No tenant of immovable** property, or person claiming through such tenant, shall, during the continuance of the tenancy or any time thereafter, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the licence of the person in possession thereof shall be permitted to deny that such person had a title to such possession at the time when such licence was given. **123. Estoppel of acceptor of bill of exchange, bailee or licensee.—No acceptor of a bill of** exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence. _Explanation 1.—The acceptor of a bill of exchange may deny that the bill was really drawn by the_ person by whom it purports to have been drawn. _Explanation 2.—If a bailee delivers the goods bailed to a person other than the bailor, he may prove_ that such person had a right to them as against the bailor. 40 ----- CHAPTER IX OF WITNESSES **124. Who may testify.—All persons shall be competent to testify unless the Court considers that** they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. _Explanation.—A person of unsound mind is not incompetent to testify, unless he is prevented by his_ unsoundness of mind from understanding the questions put to him and giving rational answers to them. **125. Witness unable to communicate verbally.—A witness who is unable to speak may give his** evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court and evidence so given shall be deemed to be oral evidence: Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be videographed. **126. Competency of husband and wife as witnesses in certain cases.—(1) In all civil proceedings** the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. (2) In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness. **127. Judges and Magistrates.—No Judge or Magistrate shall, except upon the special order of some** Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting. _Illustrations._ (a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court. (b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court. (c) A is accused before the Court of Session of attempting to murder a police officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred. **128. Communications during marriage.—No person who is or has been married, shall be** compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other. **129. Evidence as to affairs of State.—No one shall be permitted to give any evidence derived from** unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit. **130. Official communications.—No public officer shall be compelled to disclose communications** made to him in official confidence, when he considers that the public interests would suffer by the disclosure. **131. Information as to commission of offences.—No Magistrate or police officer shall be** compelled to say when he got any information as to the commission of any offence, and no revenue officer shall be compelled to say when he got any information as to the commission of any offence against the public revenue. 41 ----- _Explanation.—“revenue officer” means any officer employed in or about the business of any branch_ of the public revenue. **132. Professional communications.—(1) No advocate, shall at any time be permitted, unless with** his client’s express consent, to disclose any communication made to him in the course and for the purpose of his service as such advocate, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional service, or to disclose any advice given by him to his client in the course and for the purpose of such service: Provided that nothing in this section shall protect from disclosure of— (a) any such communication made in furtherance of any illegal purpose; (b) any fact observed by any advocate, in the course of his service as such, showing that any crime or fraud has been committed since the commencement of his service. (2) It is immaterial whether the attention of such advocate referred to in the proviso to sub-section (1), was or was not directed to such fact by or on behalf of his client. _Explanation.—The obligation stated in this section continues after the professional service has_ ceased. _Illustrations._ (a) A, a client, says to B, an advocate— “I have committed forgery, and I wish you to defend me”. As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure. (b) A, a client, says to B, an advocate— “I wish to obtain possession of property by the use of a forged deed on which I request you to sue”. This communication, being made in furtherance of a criminal purpose, is not protected from disclosure. (c) A, being charged with embezzlement, retains B, an advocate, to defend him. In the course of the proceedings, B observes that an entry has been made in A’s account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his professional service. This being a fact observed by B in the course of his service, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure. (3) The provisions of this section shall apply to interpreters, and the clerks or employees of advocates. **133. Privilege not waived by volunteering evidence.—If any party to a suit gives evidence therein** at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 132; and, if any party to a suit or proceeding calls any such advocate, as a witness, he shall be deemed to have consented to such disclosure only if he questions such advocate, on matters which, but for such question, he would not be at liberty to disclose. **134. Confidential communication with legal advisers.—No one shall be compelled to disclose to** the Court any confidential communication which has taken place between him and his legal adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others. **135. Production of title-deeds of witness not a party.—No witness who is not a party to a suit shall** be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims. **136. Production of documents or electronic records which another person, having possession,** **could refuse to produce.—No one shall be compelled to produce documents in his possession or** 42 ----- electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production. **137. Witness not excused from answering on ground that answer will criminate.—A witness** shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind: Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution forgiving false evidence by such answer. **138. Accomplice.—An accomplice shall be a competent witness against an accused person; and a** conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. **139. Number of witnesses.—No particular number of witnesses shall in any case be required for the** proof of any fact. CHAPTER X OF EXAMINATION OF WITNESSES **140. Order of production and examination of witnesses.—The order in which witnesses are** produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the Court. **141. Judge to decide as to admissibility of evidence.—(1) When either party proposes to give** evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise. (2) If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking. (3) If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact. _Illustrations._ (a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 26. The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement. (b) It is proposed to prove, by a copy, the contents of a document said to be lost. The fact that the original is lost must be proved by the person proposing to produce the copy, before the copy is produced. (c) A is accused of receiving stolen property knowing it to have been stolen. It is proposed to prove that he denied the possession of the property. The relevancy of the denial depends on the identity of the property. The Court may, in its discretion, either require the property to be identified before the denial of the possession is proved, or permit the denial of the possession to be proved before the property is identified. (d) It is proposed to prove a fact A which is said to have been the cause or effect of a fact in issue. There are several intermediate facts B, C and D which must be shown to exist before the fact A can be regarded as the cause or effect of the fact in issue. The Court may either permit A to be proved before B, C or D is proved, or may require proof of B, C and D before permitting proof of A. **142. Examination of witnesses.—(1) The examination of a witness by the party who calls him shall** be called his examination-in-chief. (2) The examination of a witness by the adverse party shall be called his cross-examination. 43 ----- (3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination. **143. Order of examinations.—(1) Witnesses shall be first examined-in-chief, then (if the adverse** party so desires) cross-examined, then (if the party calling him so desires) re-examined. (2) The examination-in-chief and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-inchief. (3) The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter. **144. Cross-examination of person called to produce a document.—A person summoned to** produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. **145. Witnesses to character.—Witnesses to character may be cross-examined and re-examined.** **146. Leading questions.—(1) Any question suggesting the answer which the person putting it** wishes or expects to receive, is called a leading question. (2) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. (3) The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. (4) Leading questions may be asked in cross-examination. **147. Evidence as to matters in writing.—Any witness may be asked, while under examination,** whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it. _Explanation.—A witness may give oral evidence of statements made by other persons about the_ contents of documents if such statements are in themselves relevant facts. _Illustration._ The question is, whether A assaulted B. C deposes that he heard A say to D— “B wrote a letter accusing me of theft, and I will be revenged on him”. This statement is relevant, as showing A's motive for the assault, and evidence may be given of it, though no other evidence is given about the letter. **148. Cross-examination as to previous statements in writing.—A witness may be cross-examined** as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him. **149. Questions lawful in cross-examination.—When a witness is cross-examined, he may, in** addition to the questions hereinbefore referred to, be asked any questions which tend— (a) to test his veracity; or (b) to discover who he is and what is his position in life; or (c) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him, or might expose or tend directly or indirectly to expose him to a penalty or forfeiture: 44 ----- Provided that in a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent. **150. When witness to be compelled to answer.—If any such question relates to a matter relevant to** the suit or proceeding, the provisions of section 137 shall apply thereto. **151. Court to decide when question shall be asked and when witness compelled to** **answer.—(1) If any such question relates to a matter not relevant to the suit or proceeding, except in so** far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. (2) In exercising its discretion, the Court shall have regard to the following considerations, namely:— (a) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies; (b) such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies; (c) such questions are improper if there is a great disproportion between the importance of the imputation made against the witness's character and the importance of his evidence; (d) the Court may, if it sees fit, draw, from the witness’s refusal to answer, the inference that the answer if given would be unfavourable. **152. Question not to be asked without reasonable grounds.—No such question as is referred to in** section 151 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded. _Illustrations._ (a) An advocate is instructed by another advocate that an important witness is a dacoit. This is a reasonable ground for asking the witness whether he is a dacoit. (b) An advocate is informed by a person in Court that an important witness is a dacoit. The informant, on being questioned by the advocate, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dacoit. (c) A witness, of whom nothing whatever is known, is asked at random whether he is a dacoit. There are here no reasonable grounds for the question. (d) A witness, of whom nothing whatever is known, being questioned as to his mode of life and means of living, gives unsatisfactory answers. This may be a reasonable ground for asking him if he is a dacoit. ## 153. Procedure of Court in case of question being asked without reasonable grounds.—If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any advocate, report the circumstances of the case to the High Court or other authority to which such advocate is subject in the exercise of his profession. ## 154. Indecent and scandalous questions.—The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing 45 ----- on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed. ## 155. Questions intended to insult or annoy.—The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form. ## 156. Exclusion of evidence to contradict answers to questions testing veracity.—When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he answers falsely, he may afterwards be charged with giving false evidence. _Exception 1.—If a witness is asked whether he has been previously convicted of any crime and_ denies it, evidence may be given of his previous conviction. _Exception 2.—If a witness is asked any question tending to impeach his impartiality, and answers it_ by denying the facts suggested, he may be contradicted. _Illustrations._ (a) A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies it. Evidence is offered to show that he did make such a claim. The evidence is inadmissible. (b) A witness is asked whether he was not dismissed from a situation for dishonesty. He denies it. Evidence is offered to show that he was dismissed for dishonesty. The evidence is not admissible. (c) A affirms that on a certain day he saw B at Goa. A is asked whether he himself was not on that day at Varanasi. He denies it. Evidence is offered to show that A was on that day at Varanasi. The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in Goa. In each of these cases, the witness might, if his denial was false, be charged with giving false evidence. (d) A is asked whether his family has not had a blood feud with the family of B against whom he gives evidence. He denies it. He may be contradicted on the ground that the question tends to impeach his impartiality. ## 157. Question by party to his own witness.—(1) The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party. (2) Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any part of the evidence of such witness. ## 158. Impeaching credit of witness.—The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him— (a) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit; (b) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence; (c) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted. _Explanation.—A witness declaring another witness to be unworthy of credit may not, upon his_ examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence. _Illustrations._ 46 ----- (a) A sues B for the price of goods sold and delivered to B. C says that he delivered the goods to B. Evidence is offered to show that, on a previous occasion, he said that he had not delivered goods to B. The evidence is admissible. (b) A is accused of the murder of B. C says that B, when dying, declared that A had given B the wound of which he died. Evidence is offered to show that, on a previous occasion, C said that B, when dying, did not declare that A had given B the wound of which he died. The evidence is admissible. ## 159. Questions tending to corroborate evidence of relevant fact, admissible.—When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred, if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies. _Illustration._ A, an accomplice, gives an account of a robbery in which he took part. He describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed. Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself. ## 160. Former statements of witness may be proved to corroborate later testimony as to same fact.—In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved. ## 161. What matters may be proved in connection with proved statement relevant under section 26 or 27.—Whenever any statement, relevant under section 26 or 27, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested. ## 162. Refreshing memory.—(1) A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory: Provided that the witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it, he knew it to be correct. (2) Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document: Provided that the Court be satisfied that there is sufficient reason for the non-production of the original: Provided further that an expert may refresh his memory by reference to professional treatises. ## 163. Testimony to facts stated in document mentioned in section 162.—A witness may also testify to facts mentioned in any such document as is mentioned in section 162, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document. _Illustration._ A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered. ## 164. Right of adverse party as to writing used to refresh memory.—Any writing referred to under the provisions of the two last preceding sections shall be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon. 47 ----- ## 165. Production of documents.—(1) A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility: Provided that the validity of any such objection shall be decided on by the Court. (2) The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility. (3) If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 198 of the Bharatiya Nyaya Sanhita, 2023: Provided that no Court shall require any communication between the Ministers and the President of India to be produced before it. ## 166. Giving, as evidence, of document called for and produced on notice.—When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so. ## 167. Using, as evidence, of document production of which was refused on notice.— When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court. _Illustration._ A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so. ## 168. Judge’s power to put questions or order production.—The Judge may, in order to discover or obtain proof of relevant facts, ask any question he considers necessary, in any form, at any time, of any witness, or of the parties about any fact; and may order the production of any document or thing; and neither the parties nor their representatives shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question: Provided that the judgment must be based upon facts declared by this Adhiniyam to be relevant, and duly proved: Provided further that this section shall not authorise any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 127 to 136, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 151 or 152; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted. CHAPTER XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE ## 169. No new trial for improper admission or rejection of evidence.—The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision. 48 ----- CHAPTER XII REPEAL AND SAVINGS ## 170. Repeal and savings.—(1) The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed. (2) Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872 (1 of 1872), as in force immediately before such commencement, as if this Adhiniyam had not come into force. 49 ----- THE SCHEDULE [See section 63(4)(c)] **CERTIFICATE** PART A (To be filled by the Party) I, _____________________ (Name), Son/daughter/spouse of ___________________ residing/employed at __________________________ do hereby solemnly affirm and sincerely state and submit as follows:— I have produced electronic record/output of the digital record taken from the following device/digital record source (tick mark):— Computer / Storage Media □ DVR □ Mobile □ Flash Drive □ CD/DVD □ Server □ Cloud □ Other □ Other: ________________________________________ Make & Model: _______________ Color: _______________ Serial Number: _______________ IMEI/UIN/UID/MAC/Cloud ID_____________________ (as applicable) and any other relevant information, if any, about the device/digital record____(specify). The digital device or the digital record source was under the lawful control for regularly creating, storing or processing information for the purposes of carrying out regular activities and during this period, the computer or the communication device was working properly and the relevant information was regularly fed into the computer during the ordinary course of business. If the computer/digital device at any point of time was not working properly or out of operation, then it has not affected the electronic/digital record or its accuracy. The digital device or the source of the digital record is:— Owned □ Maintained □ Managed □ Operated□ by me (select as applicable). I state that the HASH value/s of the electronic/digital record/s is _________________, obtained through the following algorithm:— # □ SHA1: □ SHA256: □ MD5: □ Other__________________ (Legally acceptable standard) (Hash report to be enclosed with the certificate) (Name and signature) Date (DD/MM/YYYY): _____ Time (IST): ________hours (In 24 hours format) Place: ____________ 50 ----- PART B (To be filled by the Expert) I, ____________________ (Name), Son/daughter/spouse of ____________________ residing/employed at _________________________ do hereby solemnly affirm and sincerely state and submit as follows:— The produced electronic record/output of the digital record are obtained from the following device/digital record source (tick mark):— Computer / Storage Media □ DVR □ Mobile □ Flash Drive □ CD/DVD □ Server □ Cloud □ Other □ Other: ________________________________________ Make & Model: _______________ Color: _______________ Serial Number: _______________ IMEI/UIN/UID/MAC/Cloud ID_____________________ (as applicable) and any other relevant information, if any, about the device/digital record_______(specify). I state that the HASH value/s of the electronic/digital record/s is _____________________, obtained through the following algorithm:— # □ SHA1: □ SHA256: □ MD5: □ Other__________________ (Legally acceptable standard) (Hash report to be enclosed with the certificate) (Name, designation and signature) Date (DD/MM/YYYY): _____ Time (IST): ________hours (In 24 hours format) Place: ____________ 51 -----

25-Dec-2023

46

The Bharatiya Nagarik Suraksha Sanhita, 2023

https://www.indiacode.nic.in/bitstream/123456789/20099/3/A2023-46.pdf

central

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 _____________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Construction of references. 4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. 5. Saving. CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6. Classes of Criminal Courts. 7. Territorial divisions. 8. Court of Session. 9. Courts of Judicial Magistrates. 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 11. Special Judicial Magistrates. 12. Local Jurisdiction of Judicial Magistrates. 13. Subordination of Judicial Magistrates. 14. Executive Magistrates. 15. Special Executive Magistrates. 16. Local Jurisdiction of Executive. 17. Subordination of Executive Magistrates. 18. Public Prosecutors. 19. Assistant Public Prosecutors. 20. Directorate of Prosecution. CHAPTER III POWER OF COURTS 21. Courts by which offences are triable. 22. Sentences which High Courts and Sessions Judges may pass. 23. Sentences which Magistrates may pass. 24. Sentence of imprisonment in default of fine. 25. Sentence in cases of conviction of several offences at one trial. 26. Mode of conferring powers. 27. Powers of officers appointed. 28. Withdrawal of powers. 29. Powers of Judges and Magistrates exercisable by their successors-in-office. 1 ----- CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE SECTIONS 30. Powers of superior officers of police. 31. Public when to assist Magistrates and police. 32. Aid to person, other than police officer, executing warrant. 33. Public to give information of certain offences. 34. Duty of officers employed in connection with affairs of a village to make certain report. CHAPTER V ARREST OF PERSONS 35. When police may arrest without warrant. 36. Procedure of arrest and duties of officer making arrest. 37. Designated police officer. 38. Right of arrested person to meet an advocate of his choice during interrogation. 39. Arrest on refusal to give name and residence. 40. Arrest by private person and procedure on such arrest. 41. Arrest by Magistrate. 42. Protection of members of Armed Forces from arrest. 43. Arrest how made. 44. Search of place entered by person sought to be arrested. 45. Pursuit of offenders into other jurisdictions. 46. No unnecessary restraint. 47. Person arrested to be informed of grounds of arrest and of right to bail. 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend. 49. Search of arrested person. 50. Power to seize offensive weapons. 51. Examination of accused by medical practitioner at request of police officer. 52. Examination of person accused of rape by medical practitioner. 53. Examination of arrested person by medical officer. 54. Identification of person arrested. 55. Procedure when police officer deputes subordinate to arrest without warrant. 56. Health and safety of arrested person. 57. Person arrested to be taken before Magistrate or officer in charge of police station. 58. Person arrested not to be detained more than twenty-four hours. 59. Police to report apprehensions. 60. Discharge of person apprehended. 61. Power, on escape, to pursue and retake. 62. Arrest to be made strictly according to Sanhita. CHAPTER VI PROCESSES TO COMPEL APPEARANCE _A.—Summons_ 63. Form of summons. 64. Summons how served. 65. Service of summons on corporate bodies, firms, and societies. 66. Service when persons summoned cannot be found. 67. Procedure when service cannot be effected as before provided. 68. Service on Government servant. 2 ----- SECTIONS 69. Service of summons outside local limits. 70. Proof of service in such cases and when serving officer not present. 71. Service of summons on witness. _B.—Warrant of arrest_ 72. Form of warrant of arrest and duration. 73. Power to direct security to be taken. 74. Warrants to whom directed. 75. Warrant may be directed to any person. 76. Warrant directed to police officer. 77. Notification of substance of warrant. 78. Person arrested to be brought before Court without delay. 79. Where warrant may be executed. 80. Warrant forwarded for execution outside jurisdiction. 81. Warrant directed to police officer for execution outside jurisdiction. 82. Procedure on arrest of person against whom warrant issued. 83. Procedure by Magistrate before whom such person arrested is brought. _C.—Proclamation and attachment_ 84. Proclamation for person absconding. 85. Attachment of property of person absconding. 86. Identification and attachment of property of proclaimed person. 87. Claims and objections to attachment. 88. Release, sale and restoration of attached property. 89. Appeal from order rejecting application for restoration of attached property. _D.—Other rules regarding processes_ 90. Issue of warrant in lieu of, or in addition to, summons. 91. Power to take bond or bail bond for appearance. 92. Arrest on breach of bond or bail bond for appearance. 93. Provisions of this Chapter generally applicable to summons and warrants of arrest. CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS _A.—Summons to produce_ 94. Summons to produce document or other thing. 95. Procedure as to letters. _B.—Search-warrants_ 96. When search-warrant may be issued. 97. Search of place suspected to contain stolen property, forged documents, etc. 98. Power to declare certain publications forfeited and to issue search-warrants for same. 99. Application to High Court to set aside declaration of forfeiture. 100. Search for persons wrongfully confined. 101. Power to compel restoration of abducted females. 3 ----- _C.—General provisions relating to searches_ SECTIONS 102. Direction, etc., of search-warrants. 103. Persons in charge of closed place to allow search. 104. Disposal of things found in search beyond jurisdiction. _D.—Miscellaneous_ 105. Recording of search and seizure through audio video electronic means.. 106. Power of police officer to seize certain property. 107. Attachment, forfeiture or restoration of property. 108. Magistrate may direct search in his presence. 109. Power to impound document, etc., produced. 110. Reciprocal arrangements regarding processes. CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY 111. Definitions. 112. Letter of request to competent authority for investigation in a country or place outside India. 113. Letter of request from a country or place outside India to a Court or an authority for investigation in India. 114. Assistance in securing transfer of persons. 115. Assistance in relation to orders of attachment or forfeiture of property. 116. Identifying unlawfully acquired property. 117. Seizure or attachment of property. 118. Management of properties seized or forfeited under this Chapter. 119. Notice of forfeiture of property. 120. Forfeiture of property in certain cases. 121. Fine in lieu of forfeiture. 122. Certain transfers to be null and void. 123. Procedure in respect of letter of request. 124. Application of this Chapter. CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 125. Security for keeping peace on conviction. 126. Security for keeping peace in other cases. 127. Security for good behaviour from persons disseminating certain matters. 128. Security for good behaviour from suspected persons. 129. Security for good behaviour from habitual offenders. 130. Order to be made. 131. Procedure in respect of person present in Court. 132. Summons or warrant in case of person not so present. 133. Copy of order to accompany summons or warrant. 134. Power to dispense with personal attendance. 135. Inquiry as to truth of information. 136. Order to give security. 4 ----- SECTIONS 137. Discharge of person informed against. 138. Commencement of period for which security is required. 139. Contents of bond. 140. Power to reject sureties. 141. Imprisonment in default of security. 142. Power to release persons imprisoned for failing to give security. 143. Security for unexpired period of bond. CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS 144. Order for maintenance of wives, children and parents. 145. Procedure. 146. Alteration in allowance. 147. Enforcement of order of maintenance. CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY _A.—Unlawful assemblies_ 148. Dispersal of assembly by use of civil force. 149. Use of armed forces to disperse assembly. 150. Power of certain armed force officers to disperse assembly. 151. Protection against prosecution for acts done under sections 148, 149 and 150. _B.—Public nuisances_ 152. Conditional order for removal of nuisance. 153. Service or notification of order. 154. Person to whom order is addressed to obey or show cause. 155. Penalty for failure to comply with section 154. 156. Procedure where existence of public right is denied. 157. Procedure where person against whom order is made under section 152 appears to show-cause. 158. Power of Magistrate to direct local investigation and examination of an expert. 159. Power of Magistrate to furnish written instructions, etc. 160. Procedure on order being made absolute and consequences of disobedience. 161. Injunction pending inquiry. 162. Magistrate may prohibit repetition or Continuance of public nuisance. _C.—Urgent cases of nuisance or apprehended danger_ 163. Power to issue order in urgent cases of nuisance or apprehended danger. _D.—Disputes as to immovable property_ 164. Procedure where dispute concerning land or water is likely to cause breach of peace. 165. Power to attach subject of dispute and to appoint receiver. 166. Dispute concerning right of use of land or water. 167. Local inquiry. 5 ----- CHAPTER XII PREVENTIVE ACTION OF THE POLICE SECTIONS 168. Police to prevent cognizable offences. 169. Information of design to commit cognizable offences. 170. Arrest to prevent commission of cognizable offences. 171. Prevention of injury to public property. 172. Persons bound to conform to lawful directions of police CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 173. Information in cognizable cases. 174. Information as to non-cognizable cases and investigation of such cases. 175. Police officer’s power to investigate cognizable case. 176. Procedure for investigation. 177. Report how submitted. 178. Power to hold investigation or preliminary inquiry. 179. Police officer's power to require attendance of witnesses. 180. Examination of witnesses by police. 181. Statements to police and use thereof. 182. No inducement to be offered. 183. Recording of confessions and statements. 184. Medical examination of victim of rape. 185. Search by police officer. 186. When officer in charge of police station may require another to issue search-warrant. 187. Procedure when investigation cannot be completed in twenty-four hours. 188. Report of investigation by subordinate police officer. 189. Release of accused when evidence deficient. 190. Cases to be sent to Magistrate, when evidence is sufficient. 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. 192. Diary of proceedings in investigation. 193. Report of police officer on completion of investigation. 194. Police to enquire and report on suicide, etc. 195. Power to summon persons. 196. Inquiry by Magistrate into cause of death. CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 197. Ordinary place of inquiry and trial. 198. Place of inquiry or trial. 199. Offence triable where act is done or consequence ensues. 200. Place of trial where act is an offence by reason of relation to other offence. 201. Place of trial in case of certain offences. 202. Offences committed by means of electronic communications, letters, etc. 203. Offence committed on journey or voyage. 204. Place of trial for offences triable together. 205. Power to order cases to be tried in different sessions divisions. 6 ----- SECTIONS 206. High Court to decide, in case of doubt, district where inquiry or trial shall take place. 207. Power to issue summons or warrant for offence committed beyond local jurisdiction. 208. Offence committed outside India. 209. Receipt of evidence relating to offences committed outside India. CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 210. Cognizance of offences by Magistrate. 211. Transfer on application of accused. 212. Making over of cases to Magistrates. 213. Cognizance of offences by Court of Session. 214. Additional Sessions Judges to try cases made over to them. 215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. 216. Procedure for witnesses in case of threatening, etc. 217. Prosecution for offences against State and for criminal conspiracy to commit such offence. 218. Prosecution of Judges and public servants. 219. Prosecution for offences against marriage. 220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023. 221. Cognizance of offence. 222. Prosecution for defamation. CHAPTER XVI COMPLAINTS TO MAGISTRATES 223. Examination of complainant. 224. Procedure by Magistrate not competent to take cognizance of case. 225. Postponement of issue of process. 226. Dismissal of complaint. 227. Issue of process. 228. Magistrate may dispense with personal attendance of accused. 229. Special summons in cases of petty offence. 230. Supply to accused of copy of police report and other documents. 231. Supply of copies of statements and documents to accused in other cases triable by Court of Session. 232. Commitment of case to Court of Session when offence is triable exclusively by it. 233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence. CHAPTER XVIII THE CHARGE _A.—Form of charges_ 234. Contents of charge. 235. Particulars as to time, place and person. 236. When manner of committing offence must be stated. 237. Words in charge taken in sense of law under which offence is punishable. 238. Effect of errors. 239. Court may alter charge. 240. Recall of witnesses when charge altered. 241. Separate charges for distinct offences. 7 ----- SECTIONS 242. Offences of same kind within year may be charged together. 243. Trial for more than one offence. 244. Where it is doubtful what offence has been committed. 245. When offence proved included in offence charged. 246. What persons may be charged jointly. 247. Withdrawal of remaining charges on conviction on one of several charges. CHAPTER XIX TRIAL BEFORE A COURT OF SESSION 248. Trial to be conducted by Public Prosecutor. 249. Opening case for prosecution. 250. Discharge. 251. Framing of charge. 252. Conviction on plea of guilty. 253. Date for prosecution evidence. 254. Evidence for prosecution. 255. Acquittal. 256. Entering upon defence. 257. Arguments. 258. Judgment of acquittal or conviction. 259. Previous conviction. 260. Procedure in cases instituted under sub-section (2) of section 222. CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES _A.—Cases instituted on a police report_ 261. Compliance with section 230. 262. When accused shall be discharged. 263. Framing of charge. 264. Conviction on plea of guilty. 265. Evidence for prosecution. 266. Evidence for defence. _B.—Cases instituted otherwise than on police report_ 267. Evidence for prosecution. 268. When accused shall be discharged. 269. Procedure where accused is not discharged. 270. Evidence for defence. _C.—Conclusion of trial_ 271. Acquittal or conviction. 272. Absence of complainant. 273. Compensation for accusation without reasonable cause. CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES 274. Substance of accusation to be stated. 275. Conviction on plea of guilty. 276. Conviction on plea of guilty in absence of accused in petty cases. 8 ----- SECTIONS 277. Procedure when not convicted. 278. Acquittal or conviction. 279. Non-appearance or death of complainant. 280. Withdrawal of complaint. 281. Power to stop proceedings in certain cases. 282. Power of Court to convert summons-cases into warrant-cases. CHAPTER XXII SUMMARY TRIALS 283. Power to try summarily. 284. Summary trial by Magistrate of second class. 285. Procedure for summary trials. 286. Record in summary trials. 287. Judgment in cases tried summarily. 288. Language of record and judgment. CHAPTER XXIII PLEA BARGAINING 289. Application of Chapter. 290. Application for plea bargaining. 291. Guidelines for mutually satisfactory disposition. 292. Report of mutually satisfactory disposition to be submitted before Court. 293. Disposal of case. 294. Judgment of Court. 295. Finality of judgment. 296. Power of Court in plea bargaining. 297. Period of detention undergone by accused to be set off against sentence of imprisonment. 298. Savings. 299. Statements of accused not to be used. 300. Non-application of Chapter. CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 301. Definitions. 302. Power to require attendance of prisoners. 303. Power of State Government or Central Government to exclude certain persons from operation of section 302. 304. Officer in charge of prison to abstain from carrying out order in certain contingencies. 305. Prisoner to be brought to Court in custody. 306. Power to issue commission for examination of witness in prison. CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS _A.—Mode of taking and recording evidence_ 307. Language of Courts. 308. Evidence to be taken in presence of accused. 309. Record in summons-cases and inquiries. 310. Record in warrant-cases. 9 ----- SECTIONS 311. Record in trial before Court of Session. 312. Language of record of evidence. 313. Procedure in regard to such evidence when completed. 314. Interpretation of evidence to accused or his advocate. 315. Remarks respecting demeanour of witness. 316. Record of examination of accused. 317. Interpreter to be bound to interpret truthfully 318. Record in High Court. _B.—Commissions for the examination of witnesses_ 319. When attendance of witness may be dispensed with and commission issued. 320. Commission to whom to be issued. 321. Execution of commissions. 322. Parties may examine witnesses. 323. Return of commission. 324. Adjournment of proceeding. 325. Execution of foreign commissions. 326. Deposition of medical witness. 327. Identification report of Magistrate. 328. Evidence of officers of Mint. 329. Reports of certain Government scientific experts. 330. No formal proof of certain documents. 331. Affidavit in proof of conduct of public servants. 332. Evidence of formal character on affidavit. 333. Authorities before whom affidavits may be sworn. 334. Previous conviction or acquittal how proved. 335. Record of evidence in absence of accused. 336. Evidence of public servants, experts, police officers in certain cases. CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 337. Person once convicted or acquitted not to be tried for same offence. 338. Appearance by Public Prosecutors. 339. Permission to conduct prosecution. 340. Right of person against whom proceedings are instituted to be defended. 341. Legal aid to accused at State expense in certain cases. 342. Procedure when corporation or registered society is an accused. 343. Tender of pardon to accomplice. 344. Power to direct tender of pardon. 345. Trial of person not complying with conditions of pardon. 346. Power to postpone or adjourn proceedings. 347. Local inspection. 348. Power to summon material witness, or examine person present. 349. Power of Magistrate to order person to give specimen signatures or handwriting, etc. 350. Expenses of complainants and witnesses. 351. Power to examine accused. 352. Oral arguments and memorandum of arguments. 353. Accused person to be competent witness. 354. No influence to be used to induce disclosure. 10 ----- SECTIONS 355. Provision for inquiries and trial being held in absence of accused in certain cases. 356. Inquiry, trial or judgment in absentia of proclaimed offender. 357. Procedure where accused does not understand proceedings. 358. Power to proceed against other persons appearing to be guilty of offence. 359. Compounding of offences. 360. Withdrawal from prosecution. 361. Procedure in cases which Magistrate cannot dispose of. 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. 363. Trial of persons previously convicted of offences against coinage, stamp-law or property. 364. Procedure when Magistrate cannot pass sentence sufficiently severe. 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. 366. Court to be open. CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 367. Procedure in case of accused being person of unsound mind. 368. Procedure in case of person of unsound mind tried before Court. 369. Release of person of unsound mind pending investigation or trial. 370. Resumption of inquiry or trial. 371. Procedure on accused appearing before Magistrate or Court. 372. When accused appears to have been of sound mind. 373. Judgment of acquittal on ground of unsoundness of mind. 374. Person acquitted on ground of unsoundness of mind to be detained in safe custody. 375. Power of State Government to empower officer in charge to discharge. 376. Procedure where prisoner of unsound mind is reported capable of making his defence. 377. Procedure where person of unsound mind detained is declared fit to be released. 378. Delivery of person of unsound mind to care of relative or friend. CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 379. Procedure in cases mentioned in section 215. 380. Appeal. 381. Power to order costs. 382. Procedure of Magistrate taking cognizance. 383. Summary procedure for trial for giving false evidence. 384. Procedure in certain cases of contempt. 385. Procedure where Court considers that case should not be dealt with under section 384. 386. When Registrar or Sub-Registrar to be deemed a Civil Court. 387. Discharge of offender on submission of apology. 388. Imprisonment or committal of person refusing to answer or produce document. 389. Summary procedure for punishment for non-attendance by a witness in obedience to summons. 390. Appeals from convictions under sections 383, 384, 388 and 389. 11 ----- CHAPTER XXIX THE JUDGMENT SECTIONS 391. Certain Judges and Magistrates not to try certain offences when committed before themselves. 392. Judgment. 393. Language and contents of judgment. 394. Order for notifying address of previously convicted offender. 395. Order to pay compensation. 396. Victim compensation scheme. 397. Treatment of victims. 398. Witness protection scheme. 399. Compensation to persons groundlessly arrested. 400. Order to pay costs in non-cognizable cases. 401. Order to release on probation of good conduct or after admonition. 402. Special reasons to be recorded in certain cases. 403. Court not to alter judgment. 404. Copy of judgment to be given to accused and other persons. 405. Judgment when to be translated. 406. Court of Session to send copy of finding and sentence to District Magistrate. CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 407. Sentence of death to be submitted by Court of Session for confirmation. 408. Power to direct further inquiry to be made or additional evidence to be taken. 409. Power of High Court to confirm sentence or annul conviction. 410. Confirmation or new sentence to be signed by two Judges. 411. Procedure in case of difference of opinion. 412. Procedure in cases submitted to High Court for confirmation. CHAPTER XXXI APPEALS 413. No appeal to lie unless otherwise provided. 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior. 415. Appeals from convictions. 416. No appeal in certain cases when accused pleads guilty. 417. No appeal in petty cases. 418. Appeal by State Government against sentence. 419. Appeal in case of acquittal. 420. Appeal against conviction by High Court in certain cases. 421. Special right of appeal in certain cases. 422. Appeal to Court of Session how heard. 423. Petition of appeal. 424. Procedure when appellant in jail. 425. Summary dismissal of appeal. 426. Procedure for hearing appeals not dismissed summarily. 427. Powers of Appellate Court. 428. Judgments of subordinate Appellate Court. 429. Order of High Court on appeal to be certified to lower Court. 12 ----- SECTIONS 430. Suspension of sentence pending appeal; release of appellant on bail. 431. Arrest of accused in appeal from acquittal. 432. Appellate Court may take further evidence or direct it to be taken. 433. Procedure where Judges of Court of appeal are equally divided. 434. Finality of judgments and orders on appeal. 435. Abatement of appeals. CHAPTER XXXII REFERENCE AND REVISION 436. Reference to High Court. 437. Disposal of case according to decision of High Court. 438. Calling for records to exercise powers of revision. 439. Power to order inquiry. 440. Sessions Judge's powers of revision. 441. Power of Additional Sessions Judge. 442. High Court's powers of revision. 443. Power of High Court to withdraw or transfer revision cases. 444. Option of Court to hear parties. 445. High Court's order to be certified to lower Court. CHAPTER XXXIII TRANSFER OF CRIMINAL CASES 446. Power of Supreme Court to transfer cases and appeals. 447. Power of High Court to transfer cases and appeals. 448. Power of Sessions Judge to transfer cases and appeals. 449. Withdrawal of cases and appeals by Sessions Judges. 450. Withdrawal of cases by Judicial Magistrates. 451. Making over or withdrawal of cases by Executive Magistrates. 452. Reasons to be recorded. CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES _A.—Death sentences_ 453. Execution of order passed under section 409. 454. Execution of sentence of death passed by High Court. 455. Postponement of execution of sentence of death in case of appeal to Supreme Court. 456. Commutation of sentence of death on pregnant woman. _B.—Imprisonment_ 457. Power to appoint place of imprisonment. 458. Execution of sentence of imprisonment. 459. Direction of warrant for execution. 460. Warrant with whom to be lodged. _C.—Levy of fine_ 461. Warrant for levy of fine. 462. Effect of such warrant. 463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. 464. Suspension of execution of sentence of imprisonment. 13 ----- _D.—General provisions regarding execution_ SECTIONS 465. Who may issue warrant. 466. Sentence on escaped convict when to take effect. 467. Sentence on offender already sentenced for another offence. 468. Period of detention undergone by accused to be set off against sentence of imprisonment. 469. Saving. 470. Return of warrant on execution of sentence. 471. Money ordered to be paid recoverable as a fine. _E.—Suspension, remission and commutation of sentences_ 472. Mercy petition in death sentence cases. 473. Power to suspend or remit sentences. 474. Power to commute sentence. 475. Restriction on powers of remission or commutation in certain cases. 476. Concurrent power of Central Government in case of death sentences. 477. State Government to act after concurrence with Central Government in certain cases. CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS 478. In what cases bail to be taken. 479. Maximum period for which under-trial prisoner can be detained. 480. When bail may be taken in case of non-bailable offence. 481. Bail to require accused to appear before next Appellate Court 482. Direction for grant of bail to person apprehending arrest. 483. Special powers of High Court or Court of Session regarding bail. 484. Amount of bond and reduction thereof. 485. Bond of accused and sureties. 486. Declaration by sureties. 487. Discharge from custody. 488. Power to order sufficient bail when that first taken is insufficient. 489. Discharge of sureties. 490. Deposit instead of recognizance. 491. Procedure when bond has been forfeited. 492. Cancellation of bond and bail bond 493. Procedure in case of insolvency or death of surety or when a bond is forfeited. 494. Bond required from child. 495. Appeal from orders under section 491. 496. Power to direct levy of amount due on certain recognizances. CHAPTER XXXVI DISPOSAL OF PROPERTY 497. Order for custody and disposal of property pending trial in certain cases. 498. Order for disposal of property at conclusion of trial. 499. Payment to innocent purchaser of money found on accused. 500. Appeal against orders under section 498 or section 499. 501. Destruction of libellous and other matter. 502. Power to restore possession of immovable property. 503. Procedure by police upon seizure of property. 14 ----- SECTIONS 504. Procedure where no claimant appears within six months. 505. Power to sell perishable property. CHAPTER XXXVII IRREGULAR PROCEEDINGS 506. Irregularities which do not vitiate proceedings. 507. Irregularities which vitiate proceedings. 508. Proceedings in wrong place. 509. Non-compliance with provisions of section 183 or section 316. 510. Effect of omission to frame, or absence of, or error in, charge. 511. Finding or sentence when reversible by reason of error, omission or irregularity. 512. Defect or error not to make attachment unlawful. CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 513. Definitions. 514. Bar to taking cognizance after lapse of period of limitation. 515. Commencement of period of limitation. 516. Exclusion of time in certain cases. 517. Exclusion of date on which Court is closed. 518. Continuing offence. 519. Extension of period of limitation in certain cases. CHAPTER XXXIX MISCELLANEOUS 520. Trials before High Courts. 521. Delivery to commanding officers of persons liable to be tried by Court-martial. 522. Forms. 523. Power of High Court to make rules. 524. Power to alter functions allocated to Executive Magistrate in certain cases. 525. Cases in which Judge or Magistrate is personally interested. 526. Practising advocate not to sit as Magistrate in certain Courts. 527. Public servant concerned in sale not to purchase or bid for property. 528. Saving of inherent powers of High Court. 529. Duty of High Court to exercise continuous superintendence over Courts. 530. Trial and proceedings to be held in electronic mode. 531. Repeal and savings. THE FIRST SCHEDULE 15 ----- # THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 ACT NO. 46 OF 2023 [25th December, 2023.] # An Act to consolidate and amend the law relating to Criminal Procedure. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Bharatiya Nagarik** Suraksha Sanhita, 2023. (2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply— (a) to the State of Nagaland; (b) to the tribal areas, but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. _Explanation.—In this section, “tribal areas” means the territories which immediately before_ the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong. (3) It shall come into force on such date[*] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—(1) In this Sanhita, unless the context otherwise requires,—** (a) “audio-video electronic” means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide; (b) “bail” means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond; (c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence; (d) “bail bond” means an undertaking for release with surety; (e) “bond” means a personal bond or an undertaking for release without surety; (f) “charge” includes any head of charge when the charge contains more heads than one; 1. 1st July, 2024, [except the provisions of the entry relation to Section 106(2) in the first Schedule], _vide notification No._ S.O. 848(E), dated, 23rd day of February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 16 ----- (g) “cognizable offence” means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; (h) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report. _Explanation.—A report made by a police officer in a case which discloses, after investigation, the_ commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant; (i) “electronic communication” means the communication of any written, verbal, pictorial information or video content transmitted or transferred (whether from one person to another or from one device to another or from a person to a device or from a device to a person) by means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-video player or camera or any other electronic device or electronic form as may be specified by notification, by the Central Government; (j) “High Court” means,— (i) in relation to any State, the High Court for that State; (ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India; (k) “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court; (l) “investigation” includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. _Explanation.—Where any of the provisions of a special Act are inconsistent with the provisions of_ this Sanhita, the provisions of the special Act shall prevail; (m) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath; (n) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify; (o) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant; (p) “notification” means a notification published in the Official Gazette; (q) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871 (1 of 1871); (r) “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police 17 ----- officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (s) “place” includes a house, building, tent, vehicle and vessel; (t) “police report” means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193; (u) “police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf; (v) “Public Prosecutor” means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor; (w) “sub-division” means a sub-division of a district; (x) “summons-case” means a case relating to an offence, and not being a warrant-case; (y) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim; (z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. (2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (2 of 2000) and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita. **3. Construction of references.—(1) Unless the context otherwise requires, any reference in any law,** to a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or Judicial Magistrate of the second class, as the case may be, exercising jurisdiction in such area. (2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to matters,— (a) which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Sanhita, be exercisable by a Judicial Magistrate; or (b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject to the provisions of clause (a) be exercisable by an Executive Magistrate. **4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.—(1) All offences under** the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. **5.** **Saving.—Nothing contained in this Sanhita shall, in the absence of a specific provision to the** contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. 18 ----- CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES **6.** **Classes of Criminal Courts.— Besides the High Courts and the Courts constituted under any law,** other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:— (i) Courts of Session; (ii) Judicial Magistrates of the first class; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates. **7. Territorial divisions.—(1) Every State shall be a sessions division or shall consist of sessions** divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of districts. (2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts. (3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions. (4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section. **8. Court of Session.—(1) The State Government shall establish a Court of Session for every sessions** division. (2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. (3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session. (4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct. (5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application. (6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. (7) The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges. (8) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application. 19 ----- _Explanation.—For the purposes of this Sanhita, “appointment” does not include the first appointment,_ posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by the Government. **9. Courts of Judicial Magistrates.—(1) In every district there shall be established as many Courts of** Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify: Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court. **10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.—(1) In every district,** the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. (2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct. (3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. (4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf. **11.** **Special Judicial Magistrates.—(1) The High Court may, if requested by the Central or State** Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area: Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify. (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. **12. Local Jurisdiction of Judicial Magistrates.—(1) Subject to the control of the High Court, the** Chief udicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita: Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. 20 ----- (3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district. **13. Subordination of Judicial Magistrates.—(1) Every Chief Judicial Magistrate shall be subordinate** to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate. (2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him. **14. Executive Magistrates.—(1) In every district, the State Government may appoint as many persons** as itthinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. (2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government. (3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Sanhita on the District Magistrate. (4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate. (5) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate. (6) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate. **15.** **Special Executive Magistrates.—The State Government may appoint, for such term as it may** think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit. **16. Local Jurisdiction of Executive.—Magistrates. (1) Subject to the control of the State Government,** the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Sanhita. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. **17. Subordination of Executive Magistrates.—(1) All Executive Magistrates shall be subordinate to** the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to the general control of the District Magistrate. (2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to him. 21 ----- **18. Public Prosecutors.—(1) For every High Court, the Central Government or the State Government** shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or the State Government, as the case may be: Provided that for National Capital Territory of Delhi, the Central Government shall, after consultation with the High Court of Delhi, appoint the Public Prosecutor or Additional Public Prosecutors for the purposes of this sub-section. (2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case in any district or local area. (3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district: Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district. (4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district. (5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4). (6) Notwithstanding anything in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre: Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment, that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4). _Explanation.—For the purposes of this sub-section,—_ (a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which includes therein the post of Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post; (b) “Prosecuting Officer” means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, Special Public Prosecutor, Additional Public Prosecutor or Assistant Public Prosecutor under this Sanhita. (7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years. (8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor: Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section. 22 ----- (9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as an advocate, or has rendered (whether before or after the commencement of this Sanhita) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate. **19. Assistant Public Prosecutors.—(1) The State Government shall appoint in every district one or** more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. (2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates. (3) Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to the State Government: Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he— (a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or (b) is below the rank of Inspector. **20. Directorate of Prosecution.—(1) The State Government may establish,—** (a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and (b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit. (2) A person shall be eligible to be appointed,— (a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as an advocate for not less than fifteen years or is or has been a Sessions Judge; (b) as an Assistant Director of Prosecution, if he has been in practice as an advocate for not less than seven years or has been a Magistrate of the first class. (3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State. (4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy Director of Prosecution. (5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1) or sub-section (8) of section 18 to conduct cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3) or sub-section (8) of section 18 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 19 shall be subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution. 23 ----- (7) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings and to give opinion on filing of appeals. (8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishable for seven years or more, but less than ten years, for ensuring their expeditious disposal. (9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years. (10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings under this Sanhita. (11) The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify. (12) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor. CHAPTER III POWER OF COURTS **21. Courts by which offences are triable.—Subject to the other provisions of this Sanhita,—** (a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by— (i) the High Court; or (ii) the Court of Session; or (iii) any other Court by which such offence is shown in the First Schedule to be triable: Provided that any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman; (b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by— (i) the High Court; or (ii) any other Court by which such offence is shown in the First Schedule to be triable. **22. Sentences which High Courts and Sessions Judges may pass.—(1) A High Court may pass any** sentence authorised by law. (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. **23. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass** any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service. 24 ----- (3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service. _Explanation.—“Community service” shall mean the work which the Court may order a convict to_ perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration. **24. Sentence of imprisonment in default of fine.—(1) The Court of a Magistrate may award such** term of imprisonment in default of payment of fine as is authorised by law: Provided that the term— (a) is not in excess of the powers of the Magistrate under section 23; (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23. **25. Sentence in cases of conviction of several offences at one trial.—(1) When a person is convicted** at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. (2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that— (a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. (3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence. **26. Mode of conferring powers.—(1) In conferring powers under this Sanhita, the High Court or the** State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles. (2) Every such order shall take effect from the date on which it is communicated to the person so empowered. **27. Powers of officers appointed.—Whenever any person holding an office in the service of** Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the samenature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed. **28. Withdrawal of powers.—(1) The High Court or the State Government, as the case may be, may** withdraw all or any of the powers conferred by it under this Sanhita on any person or by any officer subordinate to it. 25 ----- (2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred. **29. Powers of Judges and Magistrates exercisable by their successors-in office.—(1) Subject to the** other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. (2) When there is any doubt as to who is the successor-in-office, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office. (3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate. CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE **30. Powers of superior officers of police.—Police officers superior in rank to an officer in charge of** a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station. **31. Public when to assist Magistrates and police.—Every person is bound to assist a Magistrate or** police officer reasonably demanding his aid— (a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or (b) in the prevention or suppression of a breach of the peace; or (c) in the prevention of any injury attempted to be committed to any public property. **32. Aid to person, other than police officer, executing warrant.—When a warrant is directed to a** person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant. **33. Public to give information of certain offences.—(1) Every person, aware of the commission of,** or of the intention of any other person to commit, any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely:— (i) sections 103 to 105 (both inclusive); (ii) sections 111 to 113 (both inclusive); (iii) sections 140 to 144 (both inclusive); (iv) sections 147 to 154 (both inclusive) and section 158; (v) sections 178 to 182 (both inclusive); (vi) sections 189 and 191; (vii) sections 274 to 280 (both inclusive); (viii) section 307; (ix) sections 309 to 312 (both inclusive); (x) sub-section (5) of section 316; (xi) sections 326 to 328 (both inclusive); and 26 ----- (xii) sections 331 and 332, upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention. (2) For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India. **34. Duty of officers employed in connection with affairs of a village to make certain** **report.—(1) Every officer employed in connection with the affairs of a village and every person residing** in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting— (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village; (b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender; (c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023; (d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a nonbailable offence has been committed in respect of such person; (e) the commission of, or intention to commit, at any place out of India nearsuch village any act which, if committed in India, would be an offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331or 332; (f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, has directed him to communicate information. (2) In this section,— (i) “village” includes village lands; (ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023; (iii) the words “officer employed in connection with the affairs of the village” means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village. **35. When police may arrest without warrant.—(1) Any police officer may without an order from a** Magistrate and without a warrant, arrest any person— (a) who commits, in the presence of a police officer, a cognizable offence; or (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:— 27 ----- (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary— (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or (c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or (d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or (e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or (j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate. (3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or 28 ----- credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. (4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice. (7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age. **36. Procedure of arrest and duties of officer making arrest.—Every police officer while making an** arrest shall— (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification; (b) prepare a memorandum of arrest which shall be— (i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made; (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest. **37. Designated police officer.—The State Government shall—** (a) establish a police control room in every district and at State level; (b) designate a police officer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the names and addresses of the persons arrested, nature of the offence with which charged, which shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters. **38. Right of arrested person to meet an advocate of his choice during interrogation.—When any** person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation. **39. Arrest on refusal to give name and residence.—(1) When any person who, in the presence of a** police officer, has committed or has been accused of committing a non-cognizable offence refuses on demand of such officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistrate if so required: Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India. 29 ----- (3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. **40. Arrest by private person and procedure on such arrest.—(1) Any private person may arrest or** cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. (2) If there is reason to believe that such person comes under the provisions of sub-section (1) of section 35, a police officer shall take him in custody. (3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. **41. Arrest by Magistrate.—(1) When any offence is committed in the presence of a Magistrate,** whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. (2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant. **42. Protection of members of Armed Forces from arrest.—(1) Notwithstanding anything contained** in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government. (2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted. **43. Arrest how made.—(1) In making an arrest the police officer or other person making the same** shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action: Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. (3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State. 30 ----- (4) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. (5) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made. **44. Search of place entered by person sought to be arrested.—(1) If any person acting under a** warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it. (3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. **45. Pursuit of offenders into other jurisdictions.—A police officer may, for the purpose of arresting** without warrant any person whom he is authorised to arrest, pursue such person into any place in India. **46. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is** necessary to prevent his escape. **47. Person arrested to be informed of grounds of arrest and of right to bail.—(1) Every police** officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other than a person accused of a non bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf. **48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.—(1)** Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information and also to the designated police officer in the district. (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may, by rules, provide. 31 ----- (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person. **49. Search of arrested person.—(1) Whenever,—** (i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and (ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. (2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency. **50. Power to seize offensive weapons.—The police officer or other person making any arrest under** this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested. **51. Examination of accused by medical practitioner at request of police officer.—(1) When a** person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. (3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer. _Explanation.—In this section and sections 52 and 53,—_ (a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; (b) “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act. **52. Examination of person accused of rape by medical practitioner.—(1) When a person is arrested** on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the 32 ----- request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. (2) The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:— (i) the name and address of the accused and of the person by whom he was brought; (ii) the age of the accused; (iii) marks of injury, if any, on the person of the accused; (iv) the description of material taken from the person of the accused for DNA profiling; and (v) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The exact time of commencement and completion of the examination shall also be noted in the report. (5) The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section. **53. Examination of arrested person by medical officer.—(1) When any person is arrested, he shall** be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: Provided that if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so: Provided further that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner. (2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted. (3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person not available, by a registered medical practitioner soon after the arrest is made: **54. Identification of person arrested.—Where a person is arrested on a charge of committing an** offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit: Provided that if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with and the identification process shall be recorded by any audio-video electronic means. **55. Procedure when police officer deputes subordinate to arrest without warrant.—(1) When any** officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any 33 ----- person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. (2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35. **56. Health and safety of arrested person.—It shall be the duty of the person having the custody of an** accused to take reasonable care of the health and safety of the accused. **57. Person arrested to be taken before Magistrate or officer in charge of police station.—A police** officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station. **58. Person arrested not to be detained more than twenty-four hours.—Officers in charge of police** stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise. **59. Police to report apprehensions.— Officers in charge of police stations shall report to the District** Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise. **60. Discharge of person apprehended.—No person who has been arrested by a police officer shall be** discharged except on his bond, or bail bond, or under the special order of a Magistrate. **61. Power, on escape, to pursue and retake.—(1) If a person in lawful custody escapes or is rescued,** the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India. (2) The provisions of section 44 shall apply to arrests under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest. **62. Arrest to be made strictly according to Sanhita.— No arrest shall be made except in accordance** with the provisions of this Sanhita or any other law for the time being in force providing for arrest. CHAPTER VI PROCESSES TO COMPEL APPEARANCE _A.—Summons_ **63. Form of summons.—Every summons issued by a Court under this Sanhita shall be,—** (i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court; or (ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature. **64. Summons how served.—(1) Every summons shall be served by a police officer, or subject to such** rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant: Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide. 34 ----- (2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons: Provided that summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide. (3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. **65. Service of summons on corporate bodies, firms, and societies.—(1) Service of a summons on a** company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation, or by letter sent by registered post addressed to the Director, Manager, Secretary or other officer of the company or corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. _Explanation.—In this section, “company” means a body corporate and “corporation” means an_ incorporated company or other body corporate registered under the Companies Act, 2013 (18 of 2013) or a society registered under the Societies Registration Act, 1860 (21 of 1860). (2) Service of a summons on a firm or other association of individuals may be effected by serving it on any partner of such firm or association, or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. **66. Service when persons summoned cannot be found.—Where the person summoned cannot, by** the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. _Explanation.—A servant is not a member of the family within the meaning of this section._ **67. Procedure when service cannot be effected as before provided.—If service cannot by the** exercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper. **68. Service on Government servant.—(1) Where the person summoned is in the active service of the** Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 64, and shall return it to the Court under his signature with the endorsement required by that section. (2) Such signature shall be evidence of due service. **69. Service of summons outside local limits.—When a Court desires that a summons issued by it shall** be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served. **70. Proof of service in such cases and when serving officer not present.—(1) When a summons** issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. 35 ----- (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court. (3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons. **71. Service of summons on witness.—(1) Notwithstanding anything contained in the preceding** sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain. (2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served. _B.—Warrant of arrest_ **72. Form of warrant of arrest and duration.—(1) Every warrant of arrest issued by a Court under** this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. (2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. **73. Power to direct security to be taken.—(1) Any Court issuing a warrant for the arrest of any person** may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody. (2) The endorsement shall state— (a) the number of sureties; (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; (c) the time at which he is to attend before the Court. (3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court. **74. Warrants to whom directed.—(1) A warrant of arrest shall ordinarily be directed to one or more** police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same. (2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them. **75. Warrant may be directed to any person.—(1) The Chief Judicial Magistrate or a Magistrate of** the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest. 36 ----- (2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge. (3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 73. **76. Warrant directed to police officer.—A warrant directed to any police officer may also be executed** by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed. **77. Notification of substance of warrant.—The police officer or other person executing a warrant of** arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant. **78. Person arrested to be brought before Court without delay.—The police officer or other person** executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court. **79. Where warrant may be executed.—A warrant of arrest may be executed at any place in India.** **80. Warrant forwarded for execution outside jurisdiction.—(1) When a warrant is to be executed** outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided. (2) The Court issuing a warrant under sub-section (1) shall forward, along with thewarrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 83 to decide whether bail should or should not be granted to the person. **81. Warrant directed to police officer for execution outside jurisdiction.—(1) When a warrant** directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed. (2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant. (3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it. **82. Procedure on arrest of person against whom warrant issued.—(1) When a warrant of arrest is** executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction 37 ----- the arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District Superintendent or Commissioner. (2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides. **83. Procedure by Magistrate before whom such person arrested is brought.—(1) The Executive** Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court: Provided that, if the offence is bailable, and such person is ready and willing to give bail bond to the satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 73 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent or Commissioner shall take such bail bond or security, as the case may be, and forward the bond, to the Court which issued the warrant: Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 480), or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in sub-section (2) of section 80, to release such person on bail. (2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 73. _C.—Proclamation and attachment_ **84. Proclamation for person absconding.—(1) If any Court has reason to believe (whether after** taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows:— (i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (c) a copy thereof shall be affixed to some conspicuous part of the Court-house; (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. (4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect. 38 ----- (5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1). **85. Attachment of property of person absconding.—(1) The Court issuing a proclamation under** section 84 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,— (a) is about to dispose of the whole or any part of his property; or (b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment of property simultaneously with the issue of the proclamation. (2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate. (3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made— (a) by seizure; or (b) by the appointment of a receiver; or (c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or (d) by all or any two of such methods, as the Court thinks fit. (4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases— (a) by taking possession; or (b) by the appointment of a receiver; or (c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or (d) by all or any two of such methods, as the Court thinks fit. (5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court. (6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908). **86. Identification and attachment of property of proclaimed person.—The Court may, on the** written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII. **87. Claims and objections to attachment.—(1) If any claim is preferred to, or objection made to the** attachment of, any property attached under section 85, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest 39 ----- in such property, and that such interest is not liable to attachment under section 85, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative. (2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made. (3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him. (4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive. **88. Release, sale and restoration of attached property.—(1) If the proclaimed person appears within** the time specified in the proclamation, the Court shall make an order releasing the property from the attachment. (2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 87 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold whenever it thinks fit. (3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him. **89. Appeal from order rejecting application for restoration of attached property.—Any person** referred to in sub-section (3) of section 88, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court. _D.—Other rules regarding processes_ **90. Issue of warrant in lieu of, or in addition to, summons.—A Court may, in any case in which it** is empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest— (a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or 40 ----- (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. **91. Power to take bond or bail bond for appearance.—When any person for whose appearance or** arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial. **92. Arrest on breach of bond or bail bond for appearance.—When any person who is bound by any** bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him. **93. Provisions of this Chapter generally applicable to summons and warrants of arrest.—The** provisions contained in this Chapter relating to summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Sanhita. CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS _A.—Summons to produce_ **94. Summons to produce document or other thing.—(1) Whenever any Court or any officer in** charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or before such Court or officer, such Court may issue a summons or such officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated in the summons or order. (2) Any person required under this section merely to produce a document, or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. (3) Nothing in this section shall be deemed— (a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers’ Books Evidence Act, 1891 (13 of 1891); or (b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority. **95. Procedure as to letters.—(1) If any document, parcel or thing in the custody of a postal authority** is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs. (2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal authority to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1). 41 ----- _B.—Search-warrants_ **96. When search-warrant may be issued.—(1) Where—** (a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or (b) such document or thing is not known to the Court to be in the possession of any person; or (c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained. (2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. (3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority. **97. Search of place suspected to contain stolen property, forged documents, etc.—(1) If a District** Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable— (a) to enter, with such assistance as may be required, such place; (b) to search the same in the manner specified in the warrant; (c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies; (d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety; (e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies. (2) The objectionable articles to which this section applies are— (a) counterfeit coin; (b) pieces of metal made in contravention of the Coinage Act, 2011 (11 of 2011), or brought into India in contravention of any notification for the time being in force issued under section 11 of the Customs Act, 1962 (52 of 1962); (c) counterfeit currency note; counterfeit stamps; (d) forged documents; (e) false seals; (f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); (g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f). 42 ----- **98. Power to declare certain publications forfeited and to issue search-warrants for** **same.—(1) Where—** (a) any newspaper, or book; or (b) any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 294 or section 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue, or any such book or other document may be or may be reasonably suspected to be. (2) In this section and in section 99,— (a) “newspaper” and “book” have the same meanings as in the Press and Registration of Books Act, 1867 (25 of 1867); (b) “document” includes any painting, drawing or photograph, or other visible representation. (3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of section 99. **99. Application to High Court to set aside declaration of forfeiture.—(1) Any person having any** interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 98, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 98. (2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court. (3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made. (4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 98, set aside the declaration of forfeiture. (5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges. **100. Search for persons wrongfully confined.—If any District Magistrate, Sub-divisional Magistrate** or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper. 43 ----- **101. Power to compel restoration of abducted females.—Upon complaint made on oath of the** abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary. _C.—General provisions relating to searches_ **102. Direction, etc., of search-warrants.—The provisions of sections 32, 72, 74, 76, 79, 80 and 81** shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100. **103. Persons in charge of closed place to allow search.—(1) Whenever any place liable to search or** inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44. (3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency. (4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do. (5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it. (6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person. (7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person. (8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023). **104. Disposal of things found in search beyond jurisdiction.—When, in the execution of a search-** warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court. 44 ----- _D.—Miscellaneous_ **105. Recording of search and seizure through audio-video electronic means.—The process of** conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185, including preparation of the list of all things seized in the course of such search and seizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means preferably mobile phone and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class. **106. Power of police officer to seize certain property.—(1) Any police officer may seize any property** which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. (2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. (3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same: Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale. **107. Attachment, forfeiture or restoration of property.—(1) Where a police officer making an** investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, he may, with the approval of the Superintendent of Police or Commissioner of Police, make an application to the Court or the Magistrate exercising jurisdiction to take cognizance of the offence or commit for trial or try the case, for the attachment of such property. (2) If the Court or the Magistrate has reasons to believe, whether before or after taking evidence, that all or any of such properties are proceeds of crime, the Court or the Magistrate may issue a notice upon such person calling upon him to show cause within a period of fourteen days as to why an order of attachment shall not be made. (3) Where the notice issued to any person under sub-section (2) specifies any property as being held by any other person on behalf of such person, a copy of the notice shall also be served upon such other person. (4) The Court or the Magistrate may, after considering the explanation, if any, to the show-cause notice issued under sub-section (2) and the material fact available before such Court or Magistrate and after giving a reasonable opportunity of being heard to such person or persons, may pass an order of attachment, in respect of those properties which are found to be the proceeds of crime: Provided that if such person does not appear before the Court or the Magistrate or represent his case before the Court or Magistrate within a period of fourteen days specified in the show-cause notice, the Court or the Magistrate may proceed to pass the ex parte order. (5) Notwithstanding anything contained in sub-section (2), if the Court or the Magistrate is of the opinion that issuance of notice under the said sub-section would defeat the object of attachment or seizure, 45 ----- the Court or Magistrate may by an interim order passed _ex parte_ direct attachment or seizure of such property, and such order shall remain in force till an order under sub-section (6) is passed. (6) If the Court or the Magistrate finds the attached or seized properties to be the proceeds of crime, the Court or the Magistrate shall by order direct the District Magistrate to rateably distribute such proceeds of crime to the persons who are affected by such crime. (7) On receipt of an order passed under sub-section (6), the District Magistrate shall, within a period of sixty days distribute the proceeds of crime either by himself or authorise any officer subordinate to him to effect such distribution. (8) If there are no claimants to receive such proceeds or no claimant is ascertainable or there is any surplus after satisfying the claimants, such proceeds of crime shall stand forfeited to the Government. **108. Magistrate may direct search in his presence.—Any Magistrate may direct a search to be made** in his presence of any place for the search of which he is competent to issue a search-warrant. **109. Power to impound document, etc., produced.—Any Court may, if it thinks fit, impound any** document or thing produced before it under this Sanhita. **110. Reciprocal arrangements regarding processes.—(1) Where a Court in the territories to which** this Sanhita extends (hereafter in this section referred to as the said territories) desires that— (a) a summons to an accused person; or (b) a warrant for the arrest of an accused person; or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or (d) a search-warrant, issued by it shall be served or executed at any place,— (i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 70 shall apply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories; (ii) in any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government may, by notification, specify in this behalf. (2) Where a Court in the said territories has received for service or execution— (a) a summons to an accused person; or (b) a warrant for the arrest of an accused person; or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or (d) a search-warrant, issued by— (I) a Court in any State or area in India outside the said territories; 46 ----- (II) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where— (i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure specified by sections 82 and 83; (ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure specified by section 104: Provided that in a case where a summons or search-warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search-warrant through such authority as the Central Government may, by notification, specify in this behalf. CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY **111. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise; (b) “identifying” includes establishment of a proof that the property was derived from, or used in, the commission of an offence; (c) “proceeds of crime” means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property; (d) “property” means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime; (e) “tracing” means determining the nature, source, disposition, movement, title or ownership of property. **112. Letter of request to competent authority for investigation in a country or place outside** **India.—(1) If, in the course of an investigation into an offence, an application is made by the investigating** officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter. (2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf. (3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Sanhita. 47 ----- **113. Letter of request from a country or place outside India to a Court or an authority for** **investigation in India.—(1) Upon receipt of a letter of request from a Court or an authority in a country or** place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit— (i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or (ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within India. (2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit. **114. Assistance in securing transfer of persons.—(1) Where a Court in India, in relation to a criminal** matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed. (2) If, in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in connection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be served or executed. (3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits. (4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit. (5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing. **115. Assistance in relation to orders of attachment or forfeiture of property.—(1) Where a Court** in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive). 48 ----- (2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order. (3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force. **116. Identifying unlawfully acquired property.—(1) The Court shall, under sub-section (1), or on** receipt of a letter of request under sub-section (3) of section 115, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property. (2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters. (3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf. **117. Seizure or attachment of property.—(1) Where any officer conducting an inquiry or** investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made. **118. Management of properties seized or forfeited under this Chapter.—(1) The Court may appoint** the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under sub-section (1) of section 117 or under section 120 in such manner and subject to such conditions as may be specified by the Central Government. (3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government. **119. Notice of forfeiture of property.—(1) If as a result of the inquiry, investigation or survey under** section 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government. (2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. 49 ----- **120. Forfeiture of property in certain cases.—(1) The Court may, after considering the explanation,** if any, to the show-cause notice issued under section 119 and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the Court or represent his case before it within a period of thirty days specified in the show-cause notice, the Court may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it. (2) Where the Court is satisfied that some of the properties referred to in the show-cause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crime and record a finding accordingly under sub-section (1). (3) Where the Court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the Central Government free from all encumbrances. (4) Where any shares in a company stand forfeited to the Central Government under this section, then, the company shall, notwithstanding anything contained in the Companies Act, 2013 (18 of 2013) or the Articles of Association of the company, forthwith register the Central Government as the transferee of such shares. **121. Fine in lieu of forfeiture.—(1) Where the Court makes a declaration that any property stands** forfeited to the Central Government under section 120 and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 120 and thereupon such property shall stand released. **122. Certain transfers to be** **_null_** **and** **_void.—Where after the making of an order under_** sub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 120, then, the transfer of such property shall be deemed to be null and void. **123. Procedure in respect of letter of request.—Every letter of request, summons or warrant, received** by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf. **124. Application of this Chapter.—The Central Government may, by notification in the Official** Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification. 50 ----- CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR **125. Security for keeping peace on conviction.—(1) When a Court of Session or Court of a Magistrate** of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit. (2) The offences referred to in sub-section (1) are— (a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof; (b) any offence which consists of, or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision. **126. Security for keeping peace in other cases.—(1) When an Executive Magistrate receives** information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction. **127. Security for good behaviour from persons disseminating certain matters.—(1) When an** Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,— (i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,— (a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); or (b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023; (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, 51 ----- and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. (2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867) with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf. **128. Security for good behaviour from suspected persons.—When an Executive Magistrate receives** information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. **129. Security for good behaviour from habitual offenders.—When an Executive Magistrate** receives information that there is within his local jurisdiction a person who— (a) is by habit a robber, house-breaker, thief, or forger; or (b) is by habit a receiver of stolen property knowing the same to have been stolen; or (c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or (d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or (e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or (f) habitually commits, or attempts to commit, or abets the commission of— (i) any offence under one or more of the following Acts, namely:— (a) the Drugs and Cosmetics Act, 1940 (23 of 1940.); (b) the Foreigners Act, 1946 (31 of 1946); (c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952); (d) the Essential Commodities Act, 1955 (10 of 1955); (e) the Protection of Civil Rights Act, 1955 (22 of 1955); (f) the Customs Act, 1962 (52 of 1962); (g) the Food Safety and Standards Act, 2006 (34 of 2006); or (ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or (g) is so desperate and dangerous as to render his being at large without security hazardous to the community, 52 ----- such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit. **130. Order to be made.—When a Magistrate acting under section 126, section 127, section 128 or** section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties. **131. Procedure in respect of person present in Court.—If the person in respect of whom such order** is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him. **132. Summons or warrant in case of person not so present.—If such person is not present in Court,** the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court: Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest. **133. Copy of order to accompany summons or warrant.—Every summons or warrant issued under** section 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same. **134. Power to dispense with personal attendance.—The Magistrate may, if he sees sufficient cause,** dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate. **135. Inquiry as to truth of information.—(1) When an order under section 130 has been read or** explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded: Provided that— (a) no person against whom proceedings are not being taken under section 127, section 128, or section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour; 53 ----- (b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 130. (4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse. **136. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the** peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond or bail bond, the Magistrate shall make an order accordingly: Provided that— (a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 130; (b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; (c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties. **137. Discharge of person informed against.—If, on an inquiry under section 135, it is not proved that** it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him. **138. Commencement of period for which security is required.—(1) If any person, in respect of** whom an order requiring security is made under section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence. (2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date. **139. Contents of bond.—The bond or bail bond to be executed by any such person shall bind him to** keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond or bail bond. 54 ----- **140. Power to reject sureties.—** (1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bail bond: Provided that before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him. (2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him. (3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bail bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing: Provided that before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him. **141. Imprisonment in default of security.—(1) (a) If any person ordered to give security under** section 125 or section 136 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it; (b) if any person after having executed a bond or bail bond for keeping the peace in pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successorin-office, to have committed breach of the bond or bail bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond or bail bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law. (2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court. (3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit: Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years. (4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security. (5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such transfer, such Additional Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings. 55 ----- (6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate. (7) Imprisonment for failure to give security for keeping the peace shall be simple. (8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 127, be simple, and, where the proceedings have been taken under section 128 or section 129, be rigorous or simple as the Court or Magistrate in each case directs. **142. Power to release persons imprisoned for failing to give security.—** (1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged. (2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required. (3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired. (4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made. (5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. (6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case. (7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may remand such person to prison to undergo such unexpired portion. (8) A person remanded to prison under sub-section (7) shall, subject to the provisionsof section 141, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor. (9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was executed under his order or under the order of any other Court in his district. 56 ----- (10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it. **143. Security for unexpired period of bond.—(1) When a person for whose appearance a summons** or warrant has been issued under the proviso to sub-section (3) of section 140 or under sub-section (10) of section 142, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond or bail bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. (2) Every such order shall, for the purposes of sections 139 to 142 (both inclusive) be deemed to be an order made under section 125 or section 136, as the case may be. CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS **144. Order for maintenance of wives, children and parents.—(1) If any person having sufficient** means neglects or refuses to maintain— (a) his wife, unable to maintain herself; or (b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means: Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct: Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. _Explanation.—For the purposes of this Chapter, “wife” includes a woman who has been divorced by,_ or has obtained a divorce from, her husband and has not remarried. (2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for 57 ----- levying fines, and may sentence such person, for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. _Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall_ be considered to be just ground for his wife's refusal to live with him. (4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. (5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order. **145. Procedure.— (1) Proceedings under section 144 may be taken against any person in any district—** (a) where he is; or (b) where he or his wife resides; or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or (d) where his father or mother resides. (2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or willfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper. (3) The Court in dealing with applications under section 144 shall have power to make such order as to costs as may be just. **146. Alteration in allowance.—(1) On proof of a change in the circumstances of any person, receiving,** under section 144 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be. (2) Where it appears to the Magistrate that in consequence of any decision of a competent Civil Court, any order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly. 58 ----- (3) Where any order has been made under section 144 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that— (a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage; (b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,— (i) in the case where such sum was paid before such order, from the date on which such order was made; (ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof. (4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 144, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order. **147. Enforcement of order of maintenance.—A copy of the order of maintenance or interim** maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due. CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY _A.—Unlawful assemblies_ **148. Dispersal of assembly by use of civil force.—(1) Any Executive Magistrate or officer in charge** of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly. (2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law. **149. Use of armed forces to disperse assembly.—(1) If any assembly referred to in sub-section (1) of** section 148 cannot otherwise be dispersed, and it is necessary for the public security that it should be dispersed, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may cause it to be dispersed by the armed forces. 59 ----- (2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Executive Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law. (3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons. **150. Power of certain armed force officers to disperse assembly.—When the public security is** manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action. **151. Protection against prosecution for acts done under sections 148, 149 and 150.—(1) No** prosecution against any person for any act purporting to be done under section 148, section 149 or section 150 shall be instituted in any Criminal Court except— (a) with the sanction of the Central Government where such person is an officer or member of the armed forces; (b) with the sanction of the State Government in any other case. (2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith; (b) no person doing any act in good faith in compliance with a requisition under section 148 or section 149; (c) no officer of the armed forces acting under section 150 in good faith; (d) no member of the armed forces doing any act in obedience to any order which he was bound to obey, shall be deemed to have thereby committed an offence. (3) In this section and in the preceding sections of this Chapter,— (a) the expression “armed forces” means the army, naval and air forces, operating as land forces and includes any other armed forces of the Union so operating; (b) “officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted officer; (c) “member”, in relation to the armed forces, means a person in the armed forces other than an officer. _B.—Public nuisances_ **152. Conditional order for removal of nuisance.—(1) Whenever a District Magistrate or a** Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers— (a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or 60 ----- (b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or (c) that the construction of any building, or, the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or (d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or (e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or (f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order— (i) to remove such obstruction or nuisance; or (ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or (iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or (iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or (v) to fence such tank, well or excavation; or (vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order, or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute. (2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. _Explanation.—A “public place” includes also property belonging to the State, camping grounds and_ grounds left unoccupied for sanitary or recreative purposes. **153. Service or notification of order.—(1) The order shall, if practicable, be served on the person** against whom it is made, in the manner herein provided for service of summons. (2) If such order cannot be so served, it shall be notified by proclamation published in such manner as the State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person. **154. Person to whom order is addressed to obey or show cause.—The person against whom such** order is made shall— (a) perform, within the time and in the manner specified in the order, the act directed thereby; or 61 ----- (b) appear in accordance with such order and show cause against the same; and such appearance or hearing may be permitted through audio-video conferencing. **155. Penalty for failure to comply with section 154.—If the person against whom an order is made** under section 154 does not perform such act or appear and show cause, he shall be liable to the penalty specified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute. **156. Procedure where existence of public right is denied.—** (1) Where an order is made under section 152 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 157, inquire into the matter. (2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 157. (3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial. **157. Procedure where person against whom order is made under section 152 appears to show** **cause.—(1) If the person against whom an order under section 152 is made appears and shows cause against** the order, the Magistrate shall take evidence in the matter as in a summons-case. (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification. (3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case: Provided that the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days. **158. Power of Magistrate to direct local investigation and examination of an expert.—The** Magistrate may, for the purposes of an inquiry under section 156 or section 157— (a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert. **159. Power of Magistrate to furnish written instructions, etc.—(1) Where the Magistrate directs a** local investigation by any person under section 158, the Magistrate may— (a) furnish such person with such written instructions as may seem necessary for his guidance; (b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid. (2) The report of such person may be read as evidence in the case. (3) Where the Magistrate summons and examines an expert under section 158, the Magistrate may direct by whom the costs of such summoning and examination shall be paid. 62 ----- **160. Procedure on order being made absolute and consequences of disobedience.—(1) When an** order has been made absolute under section 155 or section 157, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within the time to be fixed in the notice, and inform him that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023. (2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate's local jurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found. (3) No suit shall lie in respect of anything done in good faith under this section. **161.** **Injunction pending inquiry.—(1) If a Magistrate making an order under section 152 considers** that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter. (2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. (3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section. **162. Magistrate may prohibit repetition or Continuance of public nuisance.—A District Magistrate** or Sub-divisional Magistrate, or any other Executive Magistrate or Deputy Commissioner of Police empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law. _C.—Urgent cases of nuisance or apprehended danger_ **163. Power to issue order in urgent cases of nuisance or apprehended danger.— (1) In cases where,** in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 153, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray. (2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed _ex parte._ (3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. (4) No order under this section shall remain in force for more than two months from the making thereof: Provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification. 63 ----- (5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-in-office. (6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4). (7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by an advocate and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing. _D.—Disputes as to immovable property_ **164. Procedure where dispute concerning land or water is likely to cause breach of** **peace.—(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other** information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on aspecified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section, the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. (3) A copy of the order shall be served in the manner provided by this Sanhita for the service of summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1). (5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final. (6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in such possession of the said subject of dispute, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed; (b) the order made under this sub-section shall be served and published in the manner laid down in sub section (3). 64 ----- (7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit. (9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. (10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed under section 126. **165. Power to attach subject of dispute and to appoint receiver.—** (1) If the Magistrate at any time after making the order under sub-section (1) of section 164 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 164, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof: Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908): Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate— (a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him; (b) may make such other incidental or consequential orders as may be just. **166. Dispute concerning right of use of land or water.— (1) Whenever an Executive Magistrate is** satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on a specified date and time and to put in written statements of their respective claims. _Explanation.—For the purposes of this sub-section, the expression "land or water" has the meaning_ given to it in sub-section (2) of section 164. (2) The Magistrate shall peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 164 shall, so far as may be, apply in the case of such inquiry. 65 ----- (3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt under sub-section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt. (4) When in any proceedings commenced under sub-section (1) of section 164 the Magistrate finds that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1), and when in any proceedings commenced under sub-section (1) the Magistrate finds that the dispute should be dealt with under section 164, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1) of section 164. **167. Local inquiry.—(1) Whenever a local inquiry is necessary for the purposes of section 164, section** 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid. (2) The report of the person so deputed may be read as evidence in the case. (3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of advocates' fees, which the Court may consider reasonable. CHAPTER XII PREVENTIVE ACTION OF THE POLICE **168. Police to prevent cognizable offences.—Every police officer may interpose for the purpose of** preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence. **169. Information of design to commit cognizable offences.—Every police officer receiving** information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence. **170. Arrest to prevent commission of cognizable offences.—** (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. (2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force. **171. Prevention of injury to public property.—A police officer may of his own authority interpose** to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark, buoy or other mark used for navigation. **172. Persons bound to conform to lawful directions of police.— (1) All persons shall be bound to** conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter. 66 ----- (2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under sub-section (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours. CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE **173. Information in cognizable cases.—(1) Every information relating to the commission of a** cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— (i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it; (ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf: Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: Provided further that— (a) in the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be; (b) the recording of such information shall be videographed; (c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim. (3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,— (i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or (ii) proceed with investigation when there exists a prima facie case. (4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the 67 ----- commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate. **174. Information as to non-cognizable cases and investigation of such cases.—(1) When** information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,— (i) refer the informant to the Magistrate; (ii) forward the daily diary report of all such cases fortnightly to the Magistrate. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable. **175. Police officer’s power to investigate cognizable case.—(1) Any officer in charge of a police** station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV: Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. (3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned. (4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public servant arising in course of the discharge of his official duties, order investigation, subject to— (a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and (b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged. **176. Procedure for investigation.—(1) If, from information received or otherwise, an officer in charge** of a police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender: 68 ----- Provided that— (a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot; (b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case: Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone. (2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section (1), the officer in charge of the police station shall state in his report the reasons for not fully complying with the requirements of that sub-section by him, and, forward the daily diary report fortnightly to the Magistrate and in the case mentioned inclause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by rules made by the State Government. (3) On receipt of every information relating to the commission of an offence which is made punishable for seven years or more, the officer in charge of a police station shall, from such date, as may be notified within a period of five years by the State Government in this regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the offence and also cause videography of the process on mobile phone or any other electronic device: Provided that where forensic facility is not available in respect of any such offence, the State Government shall, until the facility in respect of that matter is developed or made in the State, notify the utilisation of such facility of any other State. **177. Report how submitted.—(1) Every report sent to a Magistrate under section 176 shall, if the State** Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf. (2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate. **178. Power to hold investigation or preliminary inquiry.—The Magistrate, on receiving a report** under section 176, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Sanhita. **179. Police officer's power to require attendance of witnesses.—(1) Any police officer making an** investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides: Provided further that if such person is willing to attend at the police station, such person may be permitted so to do. 69 ----- (2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence. **180. Examination of witnesses by police.—(1) Any police officer making an investigation under this** Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records: Provided that statement made under this sub-section may also be recorded by audio-video electronic means: Provided further that the statement of a woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer. **181. Statements to police and use thereof.—(1) No statement made by any person to a police officer** in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam. _Explanation.—An omission to state a fact or circumstance in the statement referred to in_ sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact. **182. No inducement to be offered.—(1) No police officer or other person in authority shall offer or** make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023. (2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will: Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 183. 70 ----- **183. Recording of confessions and statements.—(1) Any Magistrate of the District in which the** information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but before the commencement of the inquiry or trial: Provided that any confession or statement made under this sub-section may also be recorded by audio video electronic means in the presence of the advocate of the person accused of an offence: Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force. (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. (3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody. (4) Any such confession shall be recorded in the manner provided in section 316 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:— “I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A. B. Magistrate.”. (5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded. (6) (a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom such offence has been committed in the manner specified in sub-section (5), as soon as the commission of the offence is brought to the notice of the police: Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her absence by a male Magistrate in the presence of a woman: Provided further that in cases relating to the offences punishable with imprisonment for ten years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer: Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: 71 ----- Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone; (b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial. (7) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried. **184. Medical examination of victim of rape.—(1) Where, during the stage when an offence of** committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence. (2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:— (i) the name and address of the woman and of the person by whom she was brought; (ii) the age of the woman; (iii) the description of material taken from the person of the woman for DNA profiling; (iv) marks of injury, if any, on the person of the woman; (v) general mental condition of the woman; and (vi) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained. (5) The exact time of commencement and completion of the examination shall also be noted in the report. (6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section. (7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf. _Explanation.—For the purposes of this section, “examination” and “registered medical practitioner”_ shall have the same meanings as respectively assigned to them in section 51. **185. Search by police officer.—(1) Whenever an officer in charge of a police station or a police officer** making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief in the case-diary and specifying in such writing, so far as possible, the thing for which 72 ----- search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station. (2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person: Provided that the search conducted under this section shall be recorded through audio-video electronic means preferably by mobile phone. (3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place. (4) The provisions of this Sanhita as to search-warrants and the general provisions as to searches contained in section 103 shall, so far as may be, apply to a search made under this section. (5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate. **186. When officer in charge of police station may require another to issue search-warrant.—(1)** An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station. (2) Such officer, on being so required, shall proceed according to the provisions of section 185, and shall forward the thing found, if any, to the officer at whose request the search was made. (3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of section 185, as if such place were within the limits of his own police station. (4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in subsections (1) and (3) of section 185. (5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under sub-section (4). **187. Procedure when investigation cannot be completed in twenty-four hours.—(1) Whenever any** person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person 73 ----- has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction. (3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding— (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter. (4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means. (5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. _Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of_ the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail. _Explanation II.—If any question arises whether an accused person was produced before the Magistrate_ as required under sub-section (4), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the audio-video electronic means, as the case may be: Provided that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution: Provided further that no person shall be detained otherwise than in police station under police custody or in prison under judicial custody or a place declared as prison by the Central Government or the State Government. (6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this subsection, shall be taken into account in computing the period specified in sub-section (3): 74 ----- Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be. (7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing. (8) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate. (9) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary. (10) Where any order stopping further investigation into an offence has been made under sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (9) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify. **188. Report of investigation by subordinate police officer.—When any subordinate police officer** has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station. **189. Release of accused when evidence deficient.—If, upon an investigation under this Chapter, it** appears to the officer in charge of the police station that there is not sufficient evidence or reasonable round of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial. **190. Cases to be sent to Magistrate, when evidence is sufficient.—(1) If, upon an investigation under** this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed: Provided that if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody. (2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused. 75 ----- (3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons. (4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report. **191. Complainant and witnesses not to be required to accompany police officer and not to be** **subject to restraint.—** No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond: Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed. **192. Diary of proceedings in investigation.—(1) Every police officer making an investigation under** this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation. (2) The statements of witnesses recorded during the course of investigation under section 180 shall be inserted in the case diary. (3) The diary referred to in sub-section (1) shall be a volume and duly paginated. (4) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. (5) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 148 or section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply. **193. Report of police officer on completion of investigation.—(1) Every investigation under this** Chapter shall be completed without unnecessary delay. (2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station. (3) (i) As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, stating— (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether the accused has been released on his bond or bail bond; (g) whether the accused has been forwarded in custody under section 190; 76 ----- (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023; (i) the sequence of custody in case of electronic device; (ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim; (iii) the officer shall also communicate, in such manner as the State Government may, by rules, provide, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given. (4) Where a superior officer of police has been appointed under section 177, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation. (5) Whenever it appears from a report forwarded under this section that the accused has been released on his bond or bail bond, the Magistrate shall make such order for the discharge of such bond or bail bond or otherwise as he thinks fit. (6) When such report is in respect of a case to which section 190 applies, the police officer shall forward to the Magistrate along with the report— (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under section 180 of all the persons whom the prosecution proposes to examine as its witnesses. (7) If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (8) Subject to the provisions contained in sub-section (7), the police officer investigating the case shall also submit such number of copies of the police report along with other documents duly indexed to the Magistrate for supply to the accused as required under section 230: Provided that supply of report and other documents by electronic communication shall be considered as duly served. (9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3): Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court. 77 ----- **194. Police to enquire and report on suicide, etc.—(1) When the officer in charge of a police station** or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule made by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twentyfour hours. (3) When— (i) the case involves suicide by a woman within seven years of her marriage; or (ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or (iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or (iv) there is any doubt regarding the cause of death; or (v) the police officer for any other reason considers it expedient so to do, he shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical person appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate. **195. Power to summon persons.—(1) A police officer proceeding under section 194 may, by order in** writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture: Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides: Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do. (2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court. 78 ----- **196. Inquiry by Magistrate into cause of death.—(1) When the case is of the nature referred to in** clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 194, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. (2) Where,— (a) any person dies or disappears; or (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorisedby the Magistrate or the Court, under this Sanhita in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Magistrate within whose local jurisdiction the offence has been committed. (3) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter specified according to the circumstances of the case. (4) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined. (5) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry. (6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation under sub-section (2) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing. _Explanation.—In this section, the expression "relative" means parents, children, brothers, sisters and_ spouse. CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS **197. Ordinary place of inquiry and trial.—Every offence shall ordinarily be inquired into and tried** by a Court within whose local jurisdiction it was committed. **198. Place of inquiry or trial.—(a) When it is uncertain in which of several local areas an offence was** committed; or (b) where an offence is committed partly in one local area and partly in another; or (c) where an offence is a continuing one, and continues to be committed in more local areas than one; or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. **199. Offence triable where act is done or consequence ensues.—When an act is an offence by reason** of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued. 79 ----- **200. Place of trial where act is an offence by reason of relation to other offence.—When an act is** an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done. **201. Place of trial in case of certain offences.—(1) Any offence of dacoity, or of dacoity with murder,** of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found. (2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. (3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which isthe subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property. (4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person. (5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property. **202. Offences committed by means of electronic communications, letters, etc.—(1) Any offence** which includes cheating, may, if the deception is practised by means of electronic communications or letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such electronic communications or letters or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person. (2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage, or the wife by the first marriage has taken up permanent residence after the commission of the offence. **203. Offence committed on journey or voyage.—When an offence is committed whilst the person by** or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage. **204. Place of trial for offences triable together.—Where—** (a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or (b) the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 246, the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences. **205. Power to order cases to be tried in different sessions divisions.—Notwithstanding anything** contained in the preceding provisions of this Chapter, the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division: Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Sanhita or any other law for the time being in force. 80 ----- **206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.—** Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided— (a) if the Courts are subordinate to the same High Court, by that High Court; (b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued. **207. Power to issue summons or warrant for offence committed beyond local jurisdiction.—(1)** When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 197 to 205 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under any law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond or bail bond for his appearance before the Magistrate having such jurisdiction. (2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court. **208. Offence committed outside India.—When an offence is committed outside India—** (a) by a citizen of India, whether on the high seas or elsewhere; or (b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found or where the offence is registered in India: Provided that notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. **209. Receipt of evidence relating to offences committed outside India.—When any offence alleged** to have been committed in a territory outside India is being inquired into or tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate. CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS **210. Cognizance of offences by Magistrate.—(1) Subject to the provisions of this Chapter, any** Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence— (a) upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence; (b) upon a police report (submitted in any mode including electronic mode) of such facts; 81 ----- (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try. **211. Transfer on application of accused.—When a Magistrate takes cognizance of an offence under** clause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf. **212. Making over of cases to Magistrates.—(1) Any Chief Judicial Magistrate may, after taking** cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him. (2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial. **213. Cognizance of offences by Court of Session.—Except as otherwise expressly provided by this** Sanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Sanhita. **214. Additional Sessions Judges to try cases made over to them.—An Additional Sessions Judge** shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try. **215. Prosecution for contempt of lawful authority of public servants, for offences against public** **justice and for offences relating to documents given in evidence.—(1) No Court shall take cognizance—** (a) (i) of any offence punishable under sections 206 to 223 (both inclusive but excluding section 209) of the Bharatiya Nyaya Sanhita, 2023; or (ii) of any abetment of, or attempt to commit, such offence; or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate or of some other public servant who is authorised by the concerned public servant so to do; (b) (i) of any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237, 242 to 248 (both inclusive) and 267, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court; or (ii) of any offence described in sub-section (1) of section 336, or punishable under sub-section (2) of section 340 or section 342 of the said Sanhita, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court; or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. 82 ----- **216. Procedure for witnesses in case of threatening, etc.—A witness or any other person may file a** complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023. **217. Prosecution for offences against State and for criminal conspiracy to commit such** **offence.—(1) No Court shall take cognizance of—** (a) any offence punishable under Chapter VII or under section 196, section 299 or sub-section (1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence; or (c) any such abetment, as is described in section 47 of the Bharatiya Nyaya Sanhita, 2023, except with the previous sanction of the Central Government or of the State Government. (2) No Court shall take cognizance of— (a) any offence punishable under section 197 or sub-section (2) or sub-section (3) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate. (3) No Court shall take cognizance of the offence of any criminal conspiracy punishable under sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings: Provided that where the criminal conspiracy is one to which the provisions of section 215 apply, no such consent shall be necessary. (4) The Central Government or the State Government may, before according sanction under sub-section (1) or sub-section (2) and the District Magistrate may, before according sanction under sub-section (2) and the State Government or the District Magistrate may, before giving consent under sub-section (3), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 174. **218. Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or** Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)— (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government; (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government: Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression “Central Government” were substituted: Provided further that such Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government: 83 ----- Provided also that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya Sanhita, 2023. (2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government. (3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted. (4) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government. (5) The Central Government or the State Government, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held. **219. Prosecution for offences against marriage.—(1) No Court shall take cognizance of an offence** punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence: Provided that— (a) where such person is a child, or is of unsound mind or is having intellectual disability requiring higher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf; (b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf; (c) where the person aggrieved by an offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption. (2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023. (3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or declared by a competent authority to be the guardian of the child, or of the person of unsound mind, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard. 84 ----- (4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband. (5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence. (6) No Court shall take cognizance of an offence under section 64 of the Bharatiya Nyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence. **220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.—** No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption. **221. Cognizance of offence.—** No Court shall take cognizance of an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband. **222. Prosecution for defamation.—(1) No Court shall take cognizance of an offence punishable under** section 356 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence: Provided that where such person is a child, or is of unsound mind or is having intellectual disability or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf. (2) Notwithstanding anything contained in this Sanhita, when any offence falling under section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor. (3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him. (4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the previous sanction— (a) of the State Government,— (i) in the case of a person who is or has been the Governor of that State or a Minister of that Government; (ii) in the case of any other public servant employed in connection with the affairs of the State; (b) of the Central Government, in any other case. 85 ----- (5) No Court of Session shall take cognizance of an offence under sub-section (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed. (6) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint. CHAPTER XVI COMPLAINTS TO MAGISTRATES **223. Examination of complainant.—(1) A Magistrate having jurisdiction while taking cognizance of** an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard: Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses— (a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212: Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. (2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless— (a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and (b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received. **224. Procedure by Magistrate not competent to take cognizance of case.—If the complaint is made** to a Magistrate who is not competent to take cognizance of the offence, he shall,— (a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect; (b) if the complaint is not in writing, direct the complainant to the proper Court. **225. Postponement of issue of process.—(1) Any Magistrate, on receipt of a complaint of an offence** of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,— (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or 86 ----- (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223. (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. (3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant. **226. Dismissal of complaint.—If, after considering the statements on oath (if any) of the complainant** and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES **227. Issue of process.—(1) If in the opinion of a Magistrate taking cognizance of an offence there is** sufficient ground for proceeding, and the case appears to be— (a) a summons-case, he shall issue summons to the accused for his attendance; or (b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction: Provided that summons or warrants may also be issued through electronic means. (2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. (3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint. (4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint. (5) Nothing in this section shall be deemed to affect the provisions of section 90. **228. Magistrate may dispense with personal attendance of accused.—(1) Whenever a Magistrate** issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his advocate. (2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided. **229. Special summons in cases of petty offence.—(1) If, in the opinion of a Magistrate taking** cognizance of a petty offence, the case may be summarily disposed of under section 283 or section 284, the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by an advocate before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, 87 ----- to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by an advocate and to plead guilty to the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on his behalf and to pay the fine through such advocate: Provided that the amount of the fine specified in such summons shall not exceed five thousand rupees. (2) For the purposes of this section, “petty offence” means any offence punishable only with fine not exceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1988 (59 of 1988), or under any other law which provides for convicting the accused person in his absence on a plea of guilty. (3) The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 359 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would meet the ends of justice. **230. Supply to accused of copy of police report and other documents.—In any case where the** proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:— (i) the police report; (ii) the first information report recorded under section 173; (iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of section 193; (iv) the confessions and statements, if any, recorded under section 183; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided also that supply of documents in electronic form shall be considered as duly furnished. **231. Supply of copies of statements and documents to accused in other cases triable by Court of** **Session.—Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing** process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy of each of the following:— 88 ----- (i) the statements recorded under section 223 or section 225, of all persons examined by the Magistrate; (ii) the statements and confessions, if any, recorded under section 180 or section 183; (iii) any documents produced before the Magistrate on which the prosecution proposes to rely: Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided further that supply of documents in electronic form shall be considered as duly furnished. **232. Commitment of case to Court of Session when offence is triable exclusively by it.—When in** a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— (a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made; (b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) notify the Public Prosecutor of the commitment of the case to the Court of Session: Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing: Provided further that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case. **233. Procedure to be followed when there is a complaint case and police investigation in respect** **of same offence.—(1) When in a case instituted otherwise than on a police report (hereinafter referred to** as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 193 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Sanhita. 89 ----- CHAPTER XVIII THE CHARGE _A.—Form of charges_ **234. Contents of charge.—(1) Every charge under this Sanhita shall state the offence with which the** accused is charged. (2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only. (3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged. (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case. (6) The charge shall be written in the language of the Court. (7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit, to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed. _Illustrations._ (a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 100 and 101 of the Bharatiya Nyaya Sanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita; and that it did not fall within any of the five exceptions to section 101 thereof, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it. (b) A is charged under sub-section (2) of section 118 of the Bharatiya Nyaya Sanhita, 2023, with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by sub-section (2) of section 122 of the said Sanhita, and that the general exceptions did not apply to it. (c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using a false property mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or criminal intimidation, or that he used a false propertymark, without reference to the definitions, of those crimes contained in the Bharatiya Nyaya Sanhita, 2023; but the sections under which the offence is punishable must, in each instance be referred to in the charge. (d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words. **235. Particulars as to time, place and person.—(1) The charge shall contain such particulars as to** the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged. (2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe 90 ----- the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 242: Provided that the time included between the first and last of such dates shall not exceed one year. **236. When manner of committing offence must be stated.—When the nature of the case is such that** the particulars mentioned in sections 234 and 235 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. _Illustrations._ (a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected. (b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B. (c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false. (d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions. (e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B. (f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed. **237. Words in charge taken in sense of law under which offence is punishable.—In every charge** words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable. **238. Effect of errors.—No error in stating either the offence or the particulars required to be stated in** the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. _Illustrations._ (a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with “having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word “fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. 91 ----- (d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material. **239. Court may alter charge.—(1) Any Court may alter or add to any charge at any time before** judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. (3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. (4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary. (5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded. **240. Recall of witnesses when charge altered.—Whenever a charge is altered or added to by the Court** after the commencement of the trial, the prosecutor and the accused shall be allowed— (a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice; (b) also to call any further witness whom the Court may think to be material. _B.—Joinder of charges_ **241. Separate charges for distinct offences.—(1) For every distinct offence of which any person is** accused there shall be a separate charge, and every such charge shall be tried separately: Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person. (2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244 and 246. _Illustration._ A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. 92 ----- **242. Offences of same kind within year may be charged together.—** (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding five. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law: Provided that for the purposes of this section, an offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence. **243. Trial for more than one offence.—(1) If, in one series of acts so connected together as to form** the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. (2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub-section (2) of section 235 or in sub-section (1) of section 242, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence. (3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences. (4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts. (5) Nothing contained in this section shall affect section 9 of the Bharatiya Nyaya Sanhita, 2023. _Illustrations to sub-section (1)_ (a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with, and convicted of, offences under sub-section (2) of section 121 and section 263 of the Bharatiya Nyaya Sanhita, 2023. (b) A commits house-breaking by day with intent to commit rape, and commits, in the house so entered, rape with B's wife. A may be separately charged with, and convicted of, offences under section 64 and subsection (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023. (c) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 337 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, the possession of each seal under sub-section (2) of section 341 of the Bharatiya Nyaya Sanhita, 2023. (d) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 248 of the Bharatiya Nyaya Sanhita, 2023. (e) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, 93 ----- intending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and convicted of, offences under sections 230 and 248 of the Bharatiya Nyaya Sanhita, 2023. (f) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sub-section (2) of section 117, sub-section (2) of section 191 and section 195 of the Bharatiya Nyaya Sanhita, 2023. (g) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023. The separate charges referred to in illustrations (a) to (g), respectively, may be tried at the same time. _Illustrations to sub-section (3)_ (h) A wrongfully strikes B with a cane. A may be separately charged with, and convicted of, offences under sub-section (2) of section 115 and section 131 of the Bharatiya Nyaya Sanhita, 2023. (i) Several stolen sacks of corn are made over to A and B, who knew they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with, and convicted of, offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023. (j) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with, and convicted of, offences under sections 93 and 105 of the Bharatiya Nyaya Sanhita, 2023. (k) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under section 201 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, offences under section 233 and sub-section (2) of section 340 (read with section 337) of that Sanhita. _Illustration to sub-section (4)_ (l) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under sub-section (2) of section 115 and sub-sections (2) and (4) of section 309 of the Bharatiya Nyaya Sanhita, 2023. **244. Where it is doubtful what offence has been committed.—(1) If a single act or series of acts is** of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed someone of the said offences. (2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it. _Illustrations._ (a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating. 94 ----- (b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), though he was not charged with such offence. (c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot be proved which of these contradictory statements was false. **245. When offence proved included in offence charged.—(1) When a person is charged with an** offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. (2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. (3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. (4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied. _Illustrations._ (a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya Sanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under sub-section (2) of section 316 of that Sanhita in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said sub-section (2) of section 316. (b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya Sanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under sub-section (2) of section 122 of that Sanhita. **246. What persons may be charged jointly.—The following persons may be charged and tried** together, namely:— (a) persons accused of the same offence committed in the course of the same transaction; (b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence; (c) persons accused of more than one offence of the same kind, within the meaning of section 242 committed by them jointly within the period of twelve months; (d) persons accused of different offences committed in the course of the same transaction; (e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence; (f) persons accused of offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023 or either of those sections in respect of stolen property the possession of which has been transferred by one offence; 95 ----- (g) persons accused of any offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges: Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Session may, if such persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together. **247. Withdrawal of remaining charges on conviction on one of several charges.—When a charge** containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn. CHAPTER XIX TRIAL BEFORE A COURT OF SESSION **248. Trial to be conducted by Public Prosecutor.—In every trial before a Court of Session, the** prosecution shall be conducted by a Public Prosecutor. **249. Opening case for prosecution.—When the accused appears or is brought before the Court, in** pursuance of a commitment of the case under section 232, or under any other law for the time being in force, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. **250. Discharge.—(1) The accused may prefer an application for discharge within a period of sixty days** from the date of commitment of the case under section 232. (2) If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. **251. Framing of charge.—(1) If, after such consideration and hearing as aforesaid, the Judge is of** opinion that there is ground for presuming that the accused has committed an offence which— (a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report; (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge. (2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried. **252. Conviction on plea of guilty.—If the accused pleads guilty, the Judge shall record the plea and** may, in his discretion, convict him thereon. 96 ----- **253. Date for prosecution evidence.—If the accused refuses to plead, or does not plead, or claims to** be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing. **254. Evidence for prosecution.—** (1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means. (2) The deposition of evidence of any public servant may be taken through audio-video electronic means. (3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination. **255. Acquittal.—If, after taking the evidence for the prosecution, examining the accused and hearing** the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal. **256. Entering upon defence.—(1) Where the accused is not acquitted under section 255, he shall be** called upon to enter on his defence and adduce any evidence he may have in support thereof. (2) If the accused puts in any written statement, the Judge shall file it with the record. (3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. **257. Arguments.—When the examination of the witnesses (if any) for the defence is complete, the** prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply: Provided that where any point of law is raised by the accused or his advocate, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law. **258. Judgment of acquittal or conviction.—(1) After hearing arguments and points of law (if any),** the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing. (2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law. **259. Previous conviction.—** In a case where a previous conviction is charged under the provisions of sub-section (7) of section 234, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 252 or section 258, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 252 or section 258. **260. Procedure in cases instituted under sub-section (2) of section 222.—(1) A Court of Session** taking cognizance of an offence under sub-section (2) of section 222 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate: 97 ----- Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. (2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do. (3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, the Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one. (4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them. (5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate. (6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court. (8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided. CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES _A.—Cases instituted on a police report_ **261. Compliance with section 230.—When, in any warrant-case instituted on a police report, the** accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230. **262. When accused shall be discharged.—(1) The accused may prefer an application for discharge** within a period of sixty days from the date of supply of copies of documents under section 230. (2) If, upon considering the police report and the documents sent with it under section 193 and making such examination, if any, of the accused, either physically or through audio-video electronic means, as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. **263. Framing of charge.—(1) If, upon such consideration, examination, if any, and hearing, the** Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge. 98 ----- (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. **264. Conviction on plea of guilty.—** If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon. **265. Evidence for prosecution.—(1) If the accused refuses to plead or does not plead, or claims to be** tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses: Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. (3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government. **266. Evidence for defence.—(1) The accused shall then be called upon to enter upon his defence and** produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing: Provided that when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government. (3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court. _B.—Cases instituted otherwise than on police report_ **267. Evidence for prosecution.—(1) When, in any warrant-case instituted otherwise than on a police** report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. **268. When accused shall be discharged.—(1) If, upon taking all the evidence referred to in** section 267, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him. 99 ----- (2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless. **269. Procedure where accused is not discharged.—(1) If, when such evidence has been taken, or at** any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make. (3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon. (4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken. (5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged. (6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross examination and re-examination (if any), they shall also be discharged. (7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita, if the attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured for cross-examination, it shall be deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed with the case on the basis of the materials on record. **270. Evidence for defence.—The accused shall then be called upon to enter upon his defence and** produce his evidence; and the provisions of section 266 shall apply to the case. _C.—Conclusion of trial_ **271. Acquittal or conviction.—(1) If, in any case under this Chapter in which a charge has been** framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. (2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. (3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub section (7) of section 234 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2). **272. Absence of complainant.—When the proceedings have been instituted upon complaint, and on** any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may after giving thirty days’ time to the 100 ----- complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused. **273. Compensation for accusation without reasonable cause.—(1) If, in any case instituted upon** complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid. (2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them. (3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days. (4) When any person is imprisoned under sub-section (3), the provisions of sub-section (6) of section 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be, apply. (5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding two thousand rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate. (7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order. (8) The provisions of this section apply to summons-cases as well as to warrant-cases. CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES **274. Substance of accusation to be stated.—When in a summons-case the accused appears or is** brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge: Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge. 101 ----- **275. Conviction on plea of guilty.—If the accused pleads guilty, the Magistrate shall record the plea** as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon. **276. Conviction on plea of guilty in absence of accused in petty cases.—(1) Where a summons has** been issued under section 229 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons. (2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where an advocate authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the advocate and may, in his discretion, convict the accused on such plea and sentence him as aforesaid. **277. Procedure when not convicted.—(1) If the Magistrate does not convict the accused under section** 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. (3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court. **278. Acquittal or conviction.—(1) If the Magistrate, upon taking the evidence referred to in** section 277 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 275 or section 278, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby. **279. Non-appearance or death of complainant.—(1) If the summons has been issued on complaint,** and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days’ time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by an advocate or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may, dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death. **280. Withdrawal of complaint.—If a complainant, at any time before a final order is passed in any** case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn. **281. Power to stop proceedings in certain cases.—In any summons-case instituted otherwise than** upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, 102 ----- any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge. **282. Power of Court to convert summonscases into warrant-cases.—When in the course of the trial** of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined. CHAPTER XXII SUMMARY TRIALS **283. Power to try summarily.—(1) Notwithstanding anything contained in this Sanhita—** (a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try in a summary way all or any of the following offences:— (i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees; (ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees; (iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees; (iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023; (v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023; (vi) abetment of any of the foregoing offences; (vii) an attempt to commit any of the foregoing offences, when such attempt is an offence; (viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871). (2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years: Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section. (3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita. **284. Summary trial by Magistrate of second class.—The High Court may confer on any Magistrate** invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence. 103 ----- **285. Procedure for summary trials.—(1) In trials under this Chapter, the procedure specified in this** Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned. (2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter. **286. Record in summary trials.—In every case tried summarily, the Magistrate shall enter, in such** form as the State Government may direct, the following particulars, namely:— (a) the serial number of the case; (b) the date of the commission of the offence; (c) the date of the report or complaint; (d) the name of the complainant (if any); (e) the name, parentage and residence of the accused; (f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i), clause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which the offence has been committed; (g) the plea of the accused and his examination (if any); (h) the finding; (i) the sentence or other final order; (j) the date on which proceedings terminated. **287. Judgment in cases tried summarily.—In every case tried summarily in which the accused does** not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding. **288. Language of record and judgment.—(1) Every such record and judgment shall be written in the** language of the Court. (2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate. CHAPTER XXIII PLEA BARGAINING **289. Application of Chapter.—(1) This Chapter shall apply in respect of an accused against whom—** (a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or (b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child. 104 ----- (2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country. **290. Application for plea bargaining.—(1) A person accused of an offence may file an application** for plea bargaining within a period of thirty days from the date of framing of charge in the Court in which such offence is pending for trial. (2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in which he had been charged with the same offence. (3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case and to the accused to appear on the date fixed for the case. (4) When the Public Prosecutor or the complainant of the case and the accused appear on the date fixed under sub-section (3), the Court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where— (a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time, not exceeding sixty days, to the Public Prosecutor or the complainant of the case and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case; (b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Sanhita from the stage such application has been filed under sub-section (1). **291. Guidelines for mutually satisfactory disposition.—In working out a mutually satisfactory** disposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following procedure, namely:— (a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case: Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting: Provided further that the accused, if he so desires, may participate in such meeting with his advocate, if any, engaged in the case; (b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case: Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting: Provided further that if the victim of the case or the accused so desires, he may participate in such meeting with his advocate engaged in the case. 105 ----- **292. Report of mutually satisfactory disposition to be submitted before Court.—Where in a** meeting under section 291, a satisfactory disposition of the case has been worked out, the Court shall prepare a report of such disposition which shall be signed by the presiding officer of the Court and all other persons who participated in the meeting and if no such disposition has been worked out, the Court shall record such observation and proceed further in accordance with the provisions of this Sanhita from the stage the application under sub-section (1) of section 290 has been filed in such case. **293. Disposal of case.—Where a satisfactory disposition of the case has been worked out under** section 292, the Court shall dispose of the case in the following manner, namely:— (a) the Court shall award the compensation to the victim in accordance with the disposition under section 292 and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 401 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused; (b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law; (c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment, and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment; (d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extendable for such offence and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth of the punishment provided or extendable, for such offence. **294. Judgment of Court.—The Court shall deliver its judgment in terms of section 293 in the open** Court and the same shall be signed by the presiding officer of the Court. **295. Finality of judgment.—The judgment delivered by the Court under this section shall be final and** no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the Constitution) shall lie in any Court against such judgment. **296. Power of Court in plea bargaining.—A Court shall have, for the purposes of discharging its** functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Sanhita. **297. Period of detention undergone by accused to be set off against sentence of imprisonment.—** The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Sanhita. **298. Savings.—The provisions of this Chapter shall have effect notwithstanding anything inconsistent** therewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter. _Explanation.—For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning_ assigned to it under clause (v) of section 2 and includes an Assistant Public Prosecutor appointed under section 19. 106 ----- **299. Statements of accused not to be used.—Notwithstanding anything contained in any law for the** time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 290 shall not be used for any other purpose except for the purpose of this Chapter. **300. Non-application of Chapter.—Nothing in this Chapter shall apply to any juvenile or child as** defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016). CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS **301. Definitions.—In this Chapter,—** (a) “detained” includes detained under any law providing for preventive detention; (b) “prison” includes,— (i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail; (ii) any reformatory, Borstal institution or other institution of a like nature. **302. Power to require attendance of prisoners.—(1) Whenever, in the course of an inquiry, trial or** proceeding under this Sanhita, it appears to a Criminal Court,— (a) that a person confined or detained in a prison should be brought before the Court for answering to a charge of an offence, or for the purpose of any proceedings against him; or (b) that it is necessary for the ends of justice to examine such person as a witness, the Court may make an order requiring the officer in charge of the prison to produce such person before the Court answering to the charge or for the purpose of such proceeding or for giving evidence. (2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate. (3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order. **303. Power of State Government or Central Government to exclude certain persons from** **operation of section 302.—(1) The State Government or the Central Government, as the case may be, may,** at any time, having regard to the matters specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under section 302, whether before or after the order of the State Government or the Central Government, shall have effect in respect of such person or class of persons. (2) Before making an order under sub-section (1), the State Government or the Central Government in the cases instituted by its central agency, as the case may be, shall have regard to the following matters, namely:— (a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison; 107 ----- (b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison; (c) the public interest, generally. **304. Officer in charge of prison to abstain from carrying out order in certain** **contingencies.—Where the person in respect of whom an order is made under section 302—** (a) is by reason of sickness or infirmity unfit to be removed from the prison; or (b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or (c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or (d) is a person to whom an order made by the State Government or the Central Government under section 303 applies, the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining: Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b). **305. Prisoner to be brought to Court in custody.—Subject to the provisions of section 304, the** officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained. **306. Power to issue commission for examination of witness in prison.—The provisions of this** Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person. CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS _A.—Mode of taking and recording evidence_ **307. Language of Courts.—** The State Government may determine what shall be, for purposes of this Sanhita, the language of each Court within the State other than the High Court. **308. Evidence to be taken in presence of accused.—Except as otherwise expressly provided, all** evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government: Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the Court may take appropriate 108 ----- measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused. _Explanation.—In this section, “accused” includes a person in relation to whom any proceeding under_ Chapter IX has been commenced under this Sanhita. **309. Record in summonscases and inquiries.—** (1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court: Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court. (2) Such memorandum shall be signed by the Magistrate and shall form part of the record. **310. Record in warrant-cases.—** (1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf: Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence. (2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1). (3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer. (4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record. **311. Record in trial before Court of Session.—(1) In all trials before a Court of Session, the evidence** of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf. (2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer. (3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record. **312. Language of record of evidence.—In every case where evidence is taken down under** section 310 or section 311,— (a) if the witness gives evidence in the language of the Court, it shall be taken down in that language; (b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record; (c) where under clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record: 109 ----- Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation. **313. Procedure in regard to such evidence when completed.—(1) As the evidence of each witness** taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his advocate, if he appears by an advocate, and shall, if necessary, be corrected. (2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary. (3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands. **314. Interpretation of evidence to accused or his advocate.—(1) Whenever any evidence is given in** a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him. (2) If he appears by an advocate and the evidence is given in a language other than the language of the Court, and not understood by the advocate, it shall be interpreted to such advocate in that language. (3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary. **315. Remarks respecting demeanour of witness.—When a presiding Judge or Magistrate has** recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination. **316. Record of examination of accused.—(1) Whenever the accused is examined by any Magistrate,** or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf. (2) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable, in the language of the Court. (3) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers. (4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused: Provided that where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination. (5) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial. **317. Interpreter to be bound to interpret truthfully.—When the services of an interpreter are** required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement. 110 ----- **318. Record in High Court.—Every High Court may, by general rule, prescribe the manner in which** the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule. _B.—Commissions for the examination of witnesses_ **319. When attendance of witness may be dispensed with and commission issued.—(1) Whenever,** in the course of any inquiry, trial or other proceeding under this Sanhita, it appears to a Court or Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter: Provided that where the examination of the President or the Vice-President of India or the Governor of a State or the Administrator of a Union territory as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness. (2) The Court may, when issuing a commission for the examination of a witness for the prosecution, direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the advocate's fees, be paid by the prosecution. **320. Commission to whom to be issued.—(1) If the witness is within the territories to which this** Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found. (2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf. (3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf. **321. Execution of commissions.—Upon receipt of the commission, the Chief Judicial Magistrate or** such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita. **322. Parties may examine witnesses.—(1) The parties to any proceeding under this Sanhita in which** a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories. (2) Any such party may appear before such Magistrate, Court or Officer by an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness. **323. Return of commission.—(1) After any commission issued under section 319 has been duly** executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. (2) Any deposition so taken, if it satisfies the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before another Court. 111 ----- **324. Adjournment of proceeding.—In every case in which a commission is issued under section 319,** the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. **325. Execution of foreign commissions.—(1) The provisions of section 321 and so much of section** 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 319. (2) The Courts, Judges and Magistrates referred to in sub-section (1) are— (a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf; (b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters. **326. Deposition of medical witness.—(1) The deposition of a civil surgeon or other medical witness,** taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Sanhita, although the deponent is not called as a witness. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of his deposition. **327. Identification report of Magistrate.—(1) Any document purporting to be a report of** identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called as a witness: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023, apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report. **328. Evidence of officers of Mint.—(1) Any document purporting to be a report under the hand of a** gazetted officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such officer is not called as a witness. (2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his report: Provided that no such officer shall be summoned to produce any records on which the report is based. (3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, no such officer shall, except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or 112 ----- any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation be permitted— (a) to give any evidence derived from any unpublished official records on which the report is based; or (b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing. **329. Reports of certain Government scientific experts.— (1) Any document purporting to be a report** under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita. (2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report. (3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific experts, namely:— (a) any Chemical Examiner or Assistant Chemical Examiner to Government; (b) the Chief Controller of Explosives; (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory; (f) the Serologist to the Government; (g) any other scientific expert specified or certified, by notification, by the State Government or the Central Government for this purpose. **330. No formal proof of certain documents.—(1) Where any document is filed before any Court by** the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document soon after supply of such documents and in no case later than thirty days after such supply: Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing: Provided further that no expert shall be called to appear before the Court unless the report of such expert is disputed by any of the parties to the trial. (2) The list of documents shall be in such form as the State Government may, by rules, provide. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by whom it purports to be signed: Provided that the Court may, in its discretion, require such signature to be proved. **331. Affidavit in proof of conduct of public servants.—When any application is made to any Court** in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein 113 ----- respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given. **332. Evidence of formal character on affidavit.—(1) The evidence of any person whose evidence is** of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Sanhita. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit. **333. Authorities before whom affidavits may be sworn.—(1) Affidavits to be used before any Court** under this Sanhita may be sworn or affirmed before— (a) any Judge or Judicial or Executive Magistrate; or (b) any Commissioner of Oaths appointed by a High Court or Court of Session; or (c) any notary appointed under the Notaries Act, 1952 (53 of 1952). (2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief. (3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended. **334. Previous conviction or acquittal how proved.—In any inquiry, trial or other proceeding under** this Sanhita, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force,— (a) by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentence or order; or (b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered, together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted. **335. Record of evidence in absence of accused.—(1) If it is proved that an accused person has** absconded, and that there is no immediate prospect of arresting him, the Court competent to try, or commit for trial, such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. (2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India. **336. Evidence of public servants, experts, police officers in certain cases.—Where any document** or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and— (i) such public servant, expert or officer is either transferred, retired, or died; or 114 ----- (ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or (iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report: Provided that no public servant, scientific expert or medical officer shall be called to appear before the Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the parties of the trial or other proceedings: Provided further that the deposition of such successor public servant, expert or officer may be allowed through audio-video electronic means. CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS **337. Person once convicted or acquitted not to be tried for same offence.—(1) A person who has** once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 244, or for which he might have been convicted under sub-section (2) thereof. (2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub-section (1) of section 243. (3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted. (4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged. (5) A person discharged under section 281 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first-mentioned Court is subordinate. (6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897 (10 of 1897) or of section 208 of this Sanhita. _Explanation.—The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the_ purposes of this section. _Illustrations._ (a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust. (b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide. 115 ----- (c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B. (d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within sub-section (3) of this section. (e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts. (f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts. **338. Appearance by Public Prosecutors.—(1) The Public Prosecutor or Assistant Public Prosecutor** in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. (2) If in any such case any private person instructs his advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case. **339. Permission to conduct prosecution.—(1) Any Magistrate inquiring into or trying a case may** permit the prosecution to be conducted by any person other than a police officer below the rank of inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. (2) Any person conducting the prosecution may do so personally or by an advocate. **340. Right of person against whom proceedings are instituted to be defended.—** Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Sanhita, may of right be defended by an advocate of his choice. **341. Legal aid to accused at State expense in certain cases.—(1) Where, in a trial or appeal before a** Court, the accused is not represented by an advocate, and where it appears to the Court that the accused has not sufficient means to engage an advocate, the Court shall assign an advocate for his defence at the expense of the State. (2) The High Court may, with the previous approval of the State Government, make rules providing for— (a) the mode of selecting advocates for defence under sub-section (1); (b) the facilities to be allowed to such advocates by the Courts; (c) the fees payable to such advocates by the Government, and generally, for carrying out the purposes of sub-section (1). (3) The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other Courts in the State as they apply in relation to trials before Courts of Session. **342. Procedure when corporation or registered society is an accused.—(1) In this** section, “corporation” means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860 (21 of 1860). 116 ----- (2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation. (3) Where a representative of a corporation appears, any requirement of this Sanhita that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. (4) Where a representative of a corporation does not appear, any such requirement as is referred to in sub-section (3) shall not apply. (5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any person duly authorised by him (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the Court shall, unless the contrary is proved, presume that such person has been so appointed. (6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court. **343. Tender of pardon to accomplice.—(1) With a view to obtaining the evidence of any person** supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. (2) This section applies to— (a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under any other law for the time being in force; (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) Every Magistrate who tenders a pardon under sub-section (1) shall record— (a) his reasons for so doing; (b) whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost. (4) Every person accepting a tender of pardon made under sub-section (1)— (a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any; (b) shall, unless he is already on bail, be detained in custody until the termination of the trial. (5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case— (a) commit it for trial— (i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate; 117 ----- (ii) to a Court of Special Judge appointed under any other law for the time being in force, if the offence is triable exclusively by that Court; (b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself. **344. Power to direct tender of pardon.—At any time after commitment of a case but before judgment** is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person. **345. Trial of person not complying with conditions of pardon.—(1) Where, in regard to a person** who has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: Provided that such person shall not be tried jointly with any of the other accused: Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to that offence. (2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 183 or by a Court under sub-section (4) of section 343 may be given in evidence against him at such trial. (3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with. (4) At such trial, the Court shall— (a) if it is a Court of Session, before the charge is read out and explained to the accused; (b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made. (5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Sanhita, pass judgment of acquittal. **346. Power to postpone or adjourn proceedings.—(1) In every inquiry or trial the proceedings shall** be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: Provided that when the inquiry or trial relates to an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) the inquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet. (2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for 118 ----- reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Court shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him: Provided also that— (a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party; (b) where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing the objections of the other party and for the reasons to be recorded in writing; (c) the fact that the advocate of a party is engaged in another Court, shall not be a ground for adjournment; (d) where a witness is present in Court but a party or his advocate is not present or the party or his advocate though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be. _Explanation 1.—If sufficient evidence has been obtained to raise a suspicion that the accused may have_ committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. _Explanation_ 2.—The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused. **347. Local inspection.—(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other** proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection. (2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost. **348. Power to summon material witness, or examine person present.—Any Court may, at any stage** of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. **349. Power of Magistrate to order person to give specimen signatures or handwriting, etc.—If a** Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or finger impressions or handwriting or voice sample: 119 ----- Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding: Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested. **350. Expenses of complainants and witnesses.—Subject to any rules made by the State Government,** any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Sanhita. **351. Power to examine accused.—(1) In every inquiry or trial, for the purpose of enabling the accused** personally to explain any circumstances appearing in the evidence against him, the Court— (a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary; (b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case: Provided that in a summons case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b). (2) No oath shall be administered to the accused when he is examined under sub-section (1). (3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them. (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed. (5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section. **352. Oral arguments and memorandum of arguments.—(1) Any party to a proceeding may, as soon** as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record. (2) A copy of every such memorandum shall be simultaneously furnished to the opposite party. (3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments. **353. Accused person to be competent witness.—(1) Any person accused of an offence before a** Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that— (a) he shall not be called as a witness except on his own request in writing; (b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial. 120 ----- (2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or section 126, or section 127, or section 128, or section 129, or under Chapter X or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in such proceedings: Provided that in proceedings under section 127, section 128, or section 129, the failure of such person to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry. **354. No influence to be used to induce disclosure.—Except as provided in sections 343 and 344, no** influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge. **355. Provision for inquiries and trial being held in absence of accused in certain cases.—(1) At** any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. (2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. _Explanation.—For the purpose of this section, personal attendance of the accused includes attendance_ through audio-video electronic means. **356. Inquiry, trial or judgment in absentia of proclaimed offender.—(1) Notwithstanding anything** contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment: Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge. (2) The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely: — (i) issuance of two consecutive warrants of arrest within the interval of at least thirty days; (ii) publish in a national or local daily newspaper circulating in the place of his last known address of residence, requiring the proclaimed offender to appear before the Court for trial and informing him that in case he fails to appear within thirty days from the date of such publication, the trial shall commence in his absence; (iii) inform his relative or friend, if any, about the commencement of the trial; and (iv) affix information about the commencement of the trial on some conspicuous part of the house or homestead in which such person ordinarily resides and display in the police station of the district of his last known address of residence. 121 ----- (3) Where the proclaimed offender is not represented by any advocate, he shall be provided with an advocate for his defence at the expense of the State. (4) Where the Court, competent to try the case or commit for trial, has examined any witnesses for prosecution and recorded their depositions, such depositions shall be given in evidence against such proclaimed offender on the inquiry into, or in trial for, the offence with which he is charged: Provided that if the proclaimed offender is arrested and produced or appears before the Court during such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have been taken in his absence. (5) Where a trial is related to a person under this section, the deposition and examination of the witness, may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such recording shall be kept in such manner as the Court may direct. (6) In prosecution for offences under this Sanhita, voluntary absence of accused after the trial has commenced under sub-section (1) shall not prevent continuing the trial including the pronouncement of the judgment even if he is arrested and produced or appears at the conclusion of such trial. (7) No appeal shall lie against the judgment under this section unless the proclaimed offender presents himself before the Court of appeal: Provided that no appeal against conviction shall lie after the expiry of three years from the date of the judgment. (8) The State may, by notification, extend the provisions of this section to any absconder mentioned in sub-section (1) of section 84. **357. Procedure where accused does not understand proceedings.—If the accused, though not a** person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit. **358. Power to proceed against other persons appearing to be guilty of offence.—(1) Where, in the** course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub-section (1), then— (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. 122 ----- **359. Compounding of offences.—(1) The offences punishable under the sections of the Bharatiya** Nyaya Sanhita, 2023 (45 of 2023) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table: — TABLE Offence Section of the Bharatiya Nyaya Sanhita, 2023 applicable Person by whom offence may be compounded 1 2 3 Enticing or taking away or detaining with criminal intent a married woman. [84](javascript:fnOpenLinkPopUp('41840','948073');) The husband of the woman and the woman. Voluntarily causing hurt. 115(2) The person to whom the hurt is caused. Voluntarily causing hurt on provocation. Voluntarily causing grievous hurt on grave and sudden provocation. Wrongfully restraining or confining any person. Wrongfully confining a person for three days or more. Wrongfully confining a person for ten days or more. Wrongfully confining a person in secret. 122(1) The person to whom the hurt is caused. 122(2) The person to whom the hurt is caused. 126(2), 127(2) The person restrained or confined. 127(3) The person confined. 127(4) The person confined. 127(6) The person confined. Assault or use of criminal force. 131,133,136 The person assaulted or to whom criminal force is used. Uttering words, etc., with deliberate intent to wound the religious feelings of any person. 302 The person whose religious feelings are intended to be wounded. Theft. 303(2) The owner of the property stolen. Dishonest misappropriation of property. Criminal breach of trust by a carrier, wharfinger, etc. 314 The owner of the property misappropriated. 316(3) The owner of the property in respect of which the breach of trust has been committed. 123 ----- 1 2 3 Dishonestly receiving stolen property knowing it to be stolen. Assisting in the concealment or disposal of stolen property, knowing it to be stolen. 317(2) The owner of the property stolen. 317(5) The owner of the property stolen. Cheating. 318(2) The person cheated. Cheating by personation. 319(2) The person cheated. Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of transfer containing false statement of consideration. 320 The creditors who are affected thereby. 321 The creditors who are affected thereby. 322 The person affected thereby. Fraudulent removal or concealment of property. 323 The person affected thereby. Mischief, when the only loss or damage caused is loss or damage to a private person. 324(2), 324(4) The person to whom the loss or damage is caused. Mischief by killing or maiming animal. 325 The owner of the animal. Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to private person. 326(a) The person to whom the loss or damage is caused. Criminal trespass. 329(3) The person in possession of the property trespassed upon. House-trespass. 329(4) The person in possession of the property trespassed upon. House-trespass to commit an offence (other than theft) punishable with imprisonment. 332(c) The person in possession of the house trespassed upon. Using a false trade or property mark. 345(3) The person to whom loss or injury is caused by such use. Counterfeiting a property mark used by another. 347(1) The person to whom loss or injury is caused by such use. 124 ----- 1 2 3 Selling goods marked with a counterfeit property mark. 349 The person to whom loss or injury is caused by such use. Criminal intimidation. 351(2), 351(3) The person intimidated. Insult intended to provoke a breach of peace. 352 The person insulted. Inducing person to believe himself an object of divine displeasure. Defamation, except such cases as are specified [against section 356(2) of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948377');) Sanhita, 2023, (45 of 2023) column 1 of the Table under sub-section (2). Printing or engraving matter, knowing it to be defamatory. Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. 354 The person induced. 356(2) The person defamed. 356(3) The person defamed. 356(4) The person defamed. Criminal breach of contract of service. 357 The person with whom the offender has contracted. (2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) specified in the first two columns of the Table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table:.— Table Offence Section of the Bharatiya Nyaya Sanhita applicable Person by whom offence may be compounded 1 2 3 Word, gesture or act intended to insult the modesty of a woman. Marrying again during the life-time of a husband or wife. 79 The woman whom it was intended to insult or whose privacy was intruded upon. 82(1) The husband or wife of the person so marrying. Causing miscarriage. 88 The woman to whom miscarriage is caused. Voluntarily causing grievous hurt. 117(2) The person to whom hurt is caused. 125 ----- 1 2 3 Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. Assault or criminal force in attempting wrongfully to confine a person. Theft, by clerk or servant of property in possession of master. 125(a) The person to whom hurt is caused. 125(b) The person to whom hurt is caused. 135 The person assaulted or to whom the force was used. 306 The owner of the property stolen. Criminal breach of trust. 316(2) The owner of the property in respect of which breach of trust has been committed. Criminal breach of trust by a clerk or servant. Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. Defamation against the President or the Vice-President or the Governor of the State or the Administrator of the Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the public prosecutor. 316(4) The owner of the property in respect of which the breach of trust has been committed. 318(3) The person cheated. 318(4) The person cheated. 356(2) The person defamed. (3) When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) or where the accused is liable under [sub-section (5) of section 3 or section 190 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), may be](javascript:fnOpenLinkPopUp('41840','947981');) compounded in like manner. (4) (a) When the person who would otherwise be competent to compound an offence under this section is a child or of unsound mind, any person competent to contract on his behalf may, with the permission of the Court, compound such offence; (b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court, compound such offence. 126 ----- (5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard. (6) A High Court or Court of Session acting in the exercise of its powers of revision under section 442 may allow any person to compound any offence which such person is competent to compound under this section. (7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence. (8) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. (9) No offence shall be compounded except as provided by this section. **360. Withdrawal from prosecution.—The Public Prosecutor or Assistant Public Prosecutor in charge** of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,— (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences; (b) if it is made after a charge has been framed, or when under this Sanhita no charge is required, he shall be acquitted in respect of such offence or offences: Provided that where such offence— (i) was against any law relating to a matter to which the executive power of the Union extends; or (ii) was investigated under any Central Act; or (iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or (iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution: Provided further that no Court shall allow such withdrawal without giving an opportunity of being heard to the victim in the case. **361. Procedure in cases which Magistrate cannot dispose of.—(1) If, in the course of any inquiry** into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption- (a) that he has no jurisdiction to try the case or commit it for trial; or (b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or (c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs. 127 ----- (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial. **362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be** **committed.—If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage** of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XIX shall apply to the commitment so made. **363. Trial of persons previously convicted of offences against coinage, stamp-law or** **property.—(1) Where a person, having been convicted of an offence punishable under Chapter X or** Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted. (2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such other person under section 262 or section 268, as the case may be. **364. Procedure when Magistrate cannot pass sentence sufficiently severe.—(1) Whenever a** Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond or bail bond under section 125, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. (2) When more accused persons than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate. (3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law. **365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by** **another.—(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part** of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may resummon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged. 128 ----- (2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1). (3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364. **366. Court to be open.—(1) The place in which any Criminal Court is held for the purpose of inquiring** into or trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far as the same can conveniently contain them: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court. (2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an [offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the](javascript:fnOpenLinkPopUp('41840','948191');) [Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of](javascript:fnOpenLinkPopUp('10071','333187');) Children from Sexual Offences Act, 2012 (32 of 2012) shall be conducted in camera: Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the Court: Provided further that _in camera trial shall be conducted as far as practicable by a woman Judge or_ Magistrate. (3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print or publish any matter in relation to any such proceedings except with the previous permission of the Court: Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be lifted, subject to maintaining confidentiality of name and address of the parties. CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND **367. Procedure in case of accused being person of unsound mind.—(1) When a Magistrate holding** an inquiry has reason to believe that the person against whom the inquiry is being held is a person of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other medical officer as a witness, and shall reduce the examination to writing. (2) If the civil surgeon finds the accused to be a person of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist of Government hospital or Government medical college for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of mind or intellectual disability: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of— (a) head of psychiatry unit in the nearest Government hospital; and (b) a faculty member in psychiatry in the nearest Government medical college. (3) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions of section 369. 129 ----- (4) If the Magistrate is informed that the person referred to in sub-section (2) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if he finds that no prima facie case is made out against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with him in the manner provided under section 369: Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to be dealt with as provided under section 369. (5) If the Magistrate is informed that the person referred to in sub-section (2) is a person with intellectual disability, the Magistrate shall further determine whether the intellectual disability renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 369. **368. Procedure in case of person of unsound mind tried before Court.—(1) If at the trial of any** person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness of mind and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. (2) If during trial, the Magistrate or Court of Session finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be, shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatrist or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of— (a) head of psychiatry unit in the nearest Government hospital; and (b) a faculty member in psychiatry in the nearest Government medical college. (3) If the Magistrate or Court is informed that the person referred to in sub-section (2) is a person of unsound mind, the Magistrate or Court shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 369: Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused. (4) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of intellectual disability, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 369. 130 ----- **369. Release of person of unsound mind pending investigation or trial.—(1) Whenever a person if** found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be, shall, whether the case is one in which bail may be taken or not, order release of such person on bail: Provided that the accused is suffering from unsoundness of mind or intellectual disability which does not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person. (2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government: Provided that no order for the detention of the accused in a public mental health establishment shall be made otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017 (10 of 2017). (3) Whenever a person is found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or intellectual disability, further determine if the release of the accused can be ordered: Provided that— (a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, decide to order discharge of the accused, as provided under section 367 or section 368, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person; (b) if the Magistrate or Court, as the case may be, is of the opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons with unsoundness of mind or intellectual disability may be ordered wherein the accused may be provided care and appropriate education and training. **370. Resumption of inquiry or trial.—(1) Whenever an inquiry or a trial is postponed under** section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court. (2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence. **371. Procedure on accused appearing before Magistrate or Court.—(1) If, when the accused** appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. (2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369. **372. When accused appears to have been of sound mind.—When the accused appears to be of sound** mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would 131 ----- have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session. **373. Judgment of acquittal on ground of unsoundness of mind.—Whenever any person is acquitted** upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not. **374. Person acquitted on ground of unsoundness of mind to be detained in safe custody.—(1)** Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,— (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or (b) order such person to be delivered to any relative or friend of such person. (2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017 (10 of 2017). (3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct. (4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1). **375. Power of State Government to empower officer in charge to discharge.—The State** Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of Prisons under section 376 or section 377. **376. Procedure where prisoner of unsound mind is reported capable of making his defence.—If** a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 (10 of 2017), shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence. **377. Procedure where person of unsound mind detained is declared fit to be released.—(1) If a** person is detained under the provisions of sub-section (2) of section 369, or section 374, and such InspectorGeneral or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers. 132 ----- (2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit. **378. Delivery of person of unsound mind to care of relative or friend.—(1) Whenever any relative** or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct; (c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence. CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE **379. Procedure in cases mentioned in section 215.—(1) When, upon an application made to it in this** behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,— (a) record a finding to that effect; (b) make a complaint thereof in writing; (c) send it to a Magistrate of the first class having jurisdiction; (d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and (e) bind over any person to appear and give evidence before such Magistrate. (2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215. (3) A complaint made under this section shall be signed,— (a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint; 133 ----- (b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf. (4) In this section, “Court” has the same meaning as in section 215. **380. Appeal.—(1) Any person on whose application any Court other than a High Court has refused to** make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 379, and, if it makes such complaint, the provisions of that section shall apply accordingly. (2) An order under this section, and subject to any such order, an order under section 379, shall be final, and shall not be subject to revision. **381. Power to order costs.—Any Court dealing with an application made to it for filing a complaint** under section 379 or an appeal under section 380, shall have power to make such order as to costs as may be just. **382. Procedure of Magistrate taking cognizance.—(1) A Magistrate to whom a complaint is made** under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report. (2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided. **383. Summary procedure for trial for giving false evidence.—(1) If, at the time of delivery of any** judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to one thousand rupees, or with both. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. (3) Nothing in this section shall affect the power of the Court to make a complaint under section 379 for the offence, where it does not choose to proceed under this section. (4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision. **384. Procedure in certain cases of contempt.—(1) When any such offence as is described** [in section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948213');) Sanhita, 2023 (45 of 2023) is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the 134 ----- Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. (2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence. [(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the record](javascript:fnOpenLinkPopUp('41840','948271');) shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult. **385. Procedure where Court considers that case should not be dealt with under** **section 384.—(1) If the Court in any case considers that a person accused of any of the offences referred** to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 384, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate. (2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report. **386. When Registrar or Sub-Registrar to be deemed a Civil Court.—When the State Government** so directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908 (16 of 1908), shall be deemed to be a Civil Court within the meaning of sections 384 and 385. **387. Discharge of offender on submission of apology.—When any Court has under section 384** adjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction. **388. Imprisonment or committal of person refusing to answer or produce document.—If any** witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 384 or section 385. **389. Summary procedure for punishment for non-attendance by a witness in obedience to** **summons.—(1) If any witness being summoned to appear before a Criminal Court is legally bound to** appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding five hundred rupees. 135 ----- (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. **390. Appeals from convictions under sections 383, 384, 388 and 389.—(1) Any person sentenced by** any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable. (2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. (3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate. (4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate. **391. Certain Judges and Magistrates not to try certain offences when committed before** **themselves.—Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court (other** than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 215, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding. CHAPTER XXIX THE JUDGMENT **392. Judgment.—(1) The judgment in every trial in any Criminal Court of original jurisdiction shall** be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time not later than forty-five days of which notice shall be given to the parties or their advocates,— (a) by delivering the whole of the judgment; or (b) by reading out the whole of the judgment; or (c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his advocate. (2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court. (3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him. (4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their advocates free of cost: Provided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within a period of seven days from the date of judgment. (5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means. 136 ----- (6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted: Provided that where there are more accused persons than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence. (7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their advocates, or any of them, the notice of such day and place. (8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 511. **393. Language and contents of judgment.—(1) Except as otherwise expressly provided by this** Sanhita, every judgment referred to in section 392,— (a) shall be written in the language of the Court; (b) shall contain the point or points for determination, the decision thereon and the reasons for the decision; (c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or other law under which, the accused is convicted, and the punishment to which he is sentenced; (d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty. (2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative. (3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. (4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita. (5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. (6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision. **394. Order for notifying address of previously convicted offender.—(1) When any person, having** been convicted by a Court in India of an offence punishable with imprisonment for a term of three years, or upwards, is again convicted of any offence punishable with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence. 137 ----- (2) The provisions of sub-section (1) shall also apply to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them. (3) If such conviction is set aside on appeal or otherwise, such order shall become void. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts. (6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated. **395. Order to pay compensation.—(1) When a Court imposes a sentence of fine or a sentence** (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied— (a) in defraying the expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any _bona fide purchaser of such property for the loss of the same if such_ property is restored to the possession of the person entitled thereto. (2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal. (3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section. **396. Victim compensation scheme.—(1) Every State Government in co-ordination with the Central** Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. (2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1). 138 ----- (3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. (4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation. (5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months. (6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit. (7) The compensation payable by the State Government under this section shall be in addition to the [payment of fine to the victim under section 65, section 70 and sub-section (1) of section 124 of the](javascript:fnOpenLinkPopUp('41840','948052');) Bharatiya Nyaya Sanhita, 2023 (45 of 2023). **397. Treatment of victims.—All hospitals, public or private, whether run by the Central Government,** the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical [treatment, free of cost, to the victims of any offence covered under section 64, section 65, section](javascript:fnOpenLinkPopUp('41840','948051');) [66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948053');) [Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual](javascript:fnOpenLinkPopUp('10071','333187');) Offences Act, 2012 (32 of 2012), and shall immediately inform the police of such incident. **398. Witness protection scheme.—Every State Government shall prepare and notify a Witness** Protection Scheme for the State with a view to ensure protection of the witnesses. **399. Compensation to persons groundlessly arrested.—(1) Whenever any person causes a police** officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit. (2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit. (3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid. **400. Order to pay costs in non-cognizable cases.—(1) Whenever any complaint of a non-cognizable** offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and advocate's fees which the Court may consider reasonable. (2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. **401. Order to release on probation of good conduct or after admonition.—(1) When any person** not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is 139 ----- convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond or bail bond to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of good behavior: Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub-section (2). (2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken. (3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Bharatiya Nyaya Sanhita, 2023, punishable with not more than two years’ imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the Court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition. (4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: Provided that the High Court or Court of Session shall not under this sub-section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted. (6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section. (7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions. (8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension. (9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing the case, pass sentence. 140 ----- (10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders. **402. Special reasons to be recorded in certain cases.—Where in any case the Court could have dealt** with,— (a) an accused person under section 401 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958); or (b) a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so. **403. Court not to alter judgment.—Save as otherwise provided by this Sanhita or by any other law** for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error. **404. Copy of judgment to be given to accused and other persons.—(1) When the accused is** sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost. (2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost: Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same. (3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply in relation to a judgment which is appealable by the accused. (4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred. (5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record: Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost: Provided further that the Court may, on an application made in this behalf by the Prosecuting Officer, provide to the Government, free of cost, a certified copy of such judgment, order, deposition or record. (6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide. **405. Judgment when to be translated.—The original judgment shall be filed with the record of the** proceedings and where the original is recorded in a language different from that of the Court, and if either party so requires, a translation thereof into the language of the Court shall be added to such record. 141 ----- **406. Court of Session to send copy of finding and sentence to District Magistrate.—In cases tried** by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held. CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION **407. Sentence of death to be submitted by Court of Session for confirmation.—(1) When the Court** of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. (2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant. **408. Power to direct further inquiry to be made or additional evidence to be taken.—(1) If, when** such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session. (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. (3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court. **409. Power of High Court to confirm sentence or annul conviction.—In any case submitted under** section 407, the High Court— (a) may confirm the sentence, or pass any other sentence warranted by law; or (b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge; or (c) may acquit the accused person: Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of. **410. Confirmation or new sentence to be signed by two Judges.—In every case so submitted, the** confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them. **411. Procedure in case of difference of opinion.—Where any such case is heard before a Bench of** Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 433. **412. Procedure in cases submitted to High Court for confirmation.—In cases submitted by the** Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session. CHAPTER XXXI APPEALS **413. No appeal to lie unless otherwise provided.—No appeal shall lie from any judgment or order of** a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force: 142 ----- Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. **414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping** **peace or good behavior.—Any person, —** (i) who has been ordered under section 136 to give security for keeping the peace or for good behaviour; or (ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 140, may appeal against such order to the Court of Session: Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141. **415. Appeals from convictions.—(1) Any person convicted on a trial held by a High Court in its** extraordinary original criminal jurisdiction may appeal to the Supreme Court. (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court. (3) Save as otherwise provided in sub-section (2), any person,- (a) convicted on a trial held by Magistrate of the first class, or of the second class; or (b) sentenced under section 364; or (c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session. [(4) When an appeal has been filed against a sentence passed under section 64, section 65,](javascript:fnOpenLinkPopUp('41840','948051');) [section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal](javascript:fnOpenLinkPopUp('41840','948053');) shall be disposed of within a period of six months from the date of filing of such appeal. **416. No appeal in certain cases when accused pleads guilty.—Notwithstanding anything in section** 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,— (i) if the conviction is by a High Court; or (ii) if the conviction is by a Court of Session or Magistrate of the first or second class, except as to the extent or legality of the sentence. **417. No appeal in petty cases.—Notwithstanding anything in section 415, there shall be no appeal by** a convicted person in any of the following cases, namely: — (a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; (b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; (c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or (d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees: 143 ----- Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground— (i) that the person convicted is ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case. **418. Appeal by State Government against sentence.—(1) Save as otherwise provided in** sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy— (a) to the Court of Session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court. (2) If such conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy— (a) to the Court of Session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court. (3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence. [(4) When an appeal has been filed against a sentence passed under section 64, section 65,](javascript:fnOpenLinkPopUp('41840','948051');) [section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal](javascript:fnOpenLinkPopUp('41840','948054');) shall be disposed of within a period of six months from the date of filing of such appeal. # 419. Appeal in case of acquittal.—(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and nonbailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal— (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. 144 ----- (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2). **420. Appeal against conviction by High Court in certain cases.—Where the High Court has, on** appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. **421. Special right of appeal in certain cases.—Notwithstanding anything in this Chapter, when more** persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal. **422. Appeal to Court of Session how heard.—(1) Subject to the provisions of sub-section (2), an** appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate. (2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear. **423. Petition of appeal.—Every appeal shall be made in the form of a petition in writing presented by** the appellant or his advocate, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against. **424. Procedure when appellant in jail.—If the appellant is in jail, he may present his petition of** appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court. **425. Summary dismissal of appeal.—(1) If upon examining the petition of appeal and copy of the** judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily: Provided that— (a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same; (b) no appeal presented under section 424 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case; (c) no appeal presented under section 424 shall be dismissed summarily until the period allowed for preferring such appeal has expired. 145 ----- (2) Before dismissing an appeal under this section, the Court may call for the record of the case. (3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so. (4) Where an appeal presented under section 424 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law. **426. Procedure for hearing appeals not dismissed summarily.—(1) If the Appellate Court does not** dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given— (i) to the appellant or his advocate; (ii) to such officer as the State Government may appoint in this behalf; (iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant; (iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal. (2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties: Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record. (3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground. **427. Powers of Appellate Court.—After perusing such record and hearing the appellant or his** advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may— (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction— (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial; or (ii) alter the finding, maintaining the sentence; or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c) in an appeal for enhancement of sentence— (i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence; or (ii) alter the finding maintaining the sentence; or 146 ----- (iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same; (d) in an appeal from any other order, alter or reverse such order; (e) make any amendment or any consequential or incidental order that may be just or proper: Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal. **428. Judgments of subordinate Appellate Court.—The rules contained in Chapter XXIX as to the** judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate: Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered. **429. Order of High Court on appeal to be certified to lower Court.—(1) Whenever a case is decided** on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Court's judgment or order shall be sent through the District Magistrate. (2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court; and if necessary, the record shall be amended in accordance therewith. **430. Suspension of sentence pending appeal; release of appellant on bail.—(1) Pending any appeal** by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond: Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release: Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail. (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto. (3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,— (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court 147 ----- under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. **431. Arrest of accused in appeal from acquittal.—When an appeal is presented under section 419,** the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail. **432. Appellate Court may take further evidence or direct it to be taken.—(1) In dealing with any** appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court is a High Court, by a Court of Session or a Magistrate. (2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal. (3) The accused or his advocate shall have the right to be present when the additional evidence is taken. (4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry. **433. Procedure where Judges of Court of appeal are equally divided.—When an appeal under this** Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion: Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges. **434. Finality of judgments and orders on appeal.—Judgments and orders passed by an Appellate** Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII: Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,— (a) an appeal against acquittal under section 419, arising out of the same case; or (b) an appeal for the enhancement of sentence under section 418, arising out of the same case. **435. Abatement of appeals.—(1) Every appeal under section 418 or section 419 shall finally abate on** the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. _Explanation.—In this section, “near relative” means a parent, spouse, lineal descendant, brother or_ sister. 148 ----- CHAPTER XXXII REFERENCE AND REVISION **436. Reference to High Court.—(1) Where any Court is satisfied that a case pending before it involves** a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. _Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses_ Act, 1897 (10 of 1897), or in the General Clauses Act of a State. (2) A Court of Session may, if it thinks fit in any case pending before it to which the provisions of sub section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon. **437. Disposal of case according to decision of High Court.—(1) When a question has been so** referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order. (2) The High Court may direct by whom the costs of such reference shall be paid. **438. Calling for records to exercise powers of revision.—(1) The High Court or any Sessions Judge** may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record. _Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or_ appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this subsection and of section 439. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. **439. Power to order inquiry.—On examining any record under section 438 or otherwise, the High** Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or subsection (4) of section 227, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made. 149 ----- **440. Sessions Judge's powers of revision.—(1) In the case of any proceeding the record of which has** been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 442. (2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge. (3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court. **441. Power of Additional Sessions Judge.—An Additional Sessions Judge shall have and may** exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge. **442. High Court's powers of revision.—(1) In the case of any proceeding the record of which has** been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433. (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. (4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly. **443. Power of High Court to withdraw or transfer revision cases.—(1) Whenever one or more** persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge. (2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself. (3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself. (4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge. 150 ----- **444. Option of Court to hear parties.—Save as otherwise expressly provided by this Sanhita, no party** has any right to be heard either personally or by an advocate before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by an advocate. **445. High Court's order to be certified to lower Court.—When a case is revised under this Chapter** by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 429, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith. CHAPTER XXXIII TRANSFER OF CRIMINAL CASES **446. Power of Supreme Court to transfer cases and appeals.—(1) Whenever it is made to appear to** the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. (2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation. (3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case. **447. Power of High Court to transfer cases and appeals.—(1) Whenever it is made to appear to the** High Court— (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto; or (b) that some question of law of unusual difficulty is likely to arise; or (c) that an order under this section is required by any provision of this Sanhita, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order— (i) that any offence be inquired into or tried by any Court not qualified under sections 197 to 205 (both inclusive), but in other respects competent to inquire into or try such offence; (ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) that any particular case be committed for trial to a Court of Session; or (iv) that any particular case or appeal be transferred to and tried before itself. (2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative: Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him. 151 ----- (3) Every application for an order under sub-section (1) shall be made by motion, which shall, except when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation. (4) When such application is made by an accused person, the High Court may direct him to execute a bond or bail bond for the payment of any compensation which the High Court may award under sub-section (7). (5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application. (6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interest of justice, order that, pending the disposal of the application the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall not affect the subordinate Court's power of remand under section 346. (7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider proper in the circumstances of the case. (8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred. (9) Nothing in this section shall be deemed to affect any order of the Government under section 218. **448. Power of Sessions Judge to transfer cases and appeals.—(1) Whenever it is made to appear to** a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division. (2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative. (3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7) of that section shall so apply as if for the word “sum” occurring therein, the words “sum not exceeding ten thousand rupees” were substituted. **449. Withdrawal of cases and appeals by Sessions Judges.—(1) A Sessions Judge may withdraw** any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him. (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. (3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be. 152 ----- **450. Withdrawal of cases by Judicial Magistrates.—(1) Any Chief Judicial Magistrate may** withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same. (2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212 to any other Magistrate and may inquire into or try such cases himself. **451. Making over or withdrawal of cases by Executive Magistrates.—Any District Magistrate or** Sub-divisional Magistrate may— (a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him; (b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate. # 452. Reasons to be recorded.—A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it. CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES _A.—Death sentences_ **453. Execution of order passed under section 409.—When in a case submitted to the High Court for** the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary. **454. Execution of sentence of death passed by High Court.—When a sentence of death is passed by** the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant. **455. Postponement of execution of sentence of death in case of appeal to Supreme** **Court.—(1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies** [to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution,](javascript:fnOpenLinkPopUp('784','17057');) the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if, an appeal is preferred within that period, until such appeal is disposed of. (2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced [makes an application to the High Court for the grant of a certificate under article 132 or under sub-clause](javascript:fnOpenLinkPopUp('784','17055');) [(c) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence](javascript:fnOpenLinkPopUp('784','17057');) to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired. (3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the person sentenced intends to present a petition to the Supreme Court for the grant of special leave [to appeal under article 136 of the Constitution, the High Court shall order the execution of the sentence to](javascript:fnOpenLinkPopUp('784','17060');) be postponed for such period as it considers sufficient to enable him to present such petition. **456. Commutation of sentence of death on pregnant woman.—If a woman sentenced to death is** found to be pregnant, the High Court shall commute the sentence to imprisonment for life. 153 ----- _B.—Imprisonment_ **457. Power to appoint place of imprisonment.—(1) Except when otherwise provided by any law for** the time being in force, the State Government may direct in what place any person liable to be imprisoned or committed to custody under this Sanhita shall be confined. (2) If any person liable to be imprisoned or committed to custody under this Sanhita is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail. (3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, be sent back to the civil jail, unless either— (a) three years have elapsed since he was removed to the criminal jail, in which case he shall be [deemed to have been released from the civil jail under section 58 of the Code of Civil Procedure, 1908](javascript:fnOpenLinkPopUp('787','20247');) (5 of 1908); or (b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge [of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure,](javascript:fnOpenLinkPopUp('787','20247');) 1908 (5 of 1908). **458. Execution of sentence of imprisonment.—(1) Where the accused is sentenced to imprisonment** for life or to imprisonment for a term in cases other than those provided for by section 453, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant: Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct. (2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest. **459. Direction of warrant for execution.—Every warrant for the execution of a sentence of** imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined. **460. Warrant with whom to be lodged.—When the prisoner is to be confined in a jail, the warrant** shall be lodged with the jailor. _Levy of fine_ **461. Warrant for levy of fine.—(1) When an offender has been sentenced to pay a fine, but no such** payment has been made, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may— (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter: Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 395. 154 ----- (2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant. (3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. **462. Effect of such warrant.—A warrant issued under clause (a) of sub-section (1) of section 461 by** any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found. **463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not** **extend.—Notwithstanding anything in this Sanhita or in any other law for the time being in force, when an** offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Sanhita does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Sanhita extends, authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by a Court in the territories to which this Sanhita extends, and the provisions of sub-section (3) of the said section as to the execution of such warrant shall apply accordingly. **464. Suspension of execution of sentence of imprisonment.—(1) When an offender has been** sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may— (a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days; (b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once. (2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment. _D.—General provisions regarding execution_ **465. Who may issue warrant.—Every warrant for the execution of a sentence may be issued either by** the Judge or Magistrate who passed the sentence, or by his successor-in-office. **466. Sentence on escaped convict when to take effect.—(1) When a sentence of death, imprisonment** for life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately. (2) When a sentence of imprisonment for a term is passed under this Sanhita on an escaped convict, — 155 ----- (a) if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately; (b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence. (3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment. **467. Sentence on offender already sentenced for another offence.—(1) When a person already** undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprisonment by an order under section 141 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. (2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. **468. Period of detention undergone by accused to be set off against sentence of imprisonment.—** Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him: Provided that in cases referred to in section 475, such period of detention shall be set off against the period of fourteen years referred to in that section. **469. Saving.—(1) Nothing in section 466 or section 467 shall be held to excuse any person from any** part of the punishment to which he is liable upon his former or subsequent conviction. (2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences. **470. Return of warrant on execution of sentence.—When a sentence has been fully executed, the** officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed. **471. Money ordered to be paid recoverable as a fine.—Any money (other than a fine) payable by** virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine: Provided that section 461 shall, in its application to an order under section 400, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 461, after the words and figures “under section 395”, the words and figures “or an order for payment of costs under section 400” had been inserted. 156 ----- _E.—Suspension, remission and commutation of sentences_ **472. Mercy petition in death sentence cases.—(1) A convict under the sentence of death or his legal** heir or any other relative may, if he has not already submitted a petition for mercy, file a mercy petition [before the President of India under article 72 or the Governor of the State under article 161 of the](javascript:fnOpenLinkPopUp('784','16989');) Constitution within a period of thirty days from the date on which the Superintendent of the jail, — (i) informs him about the dismissal of the appeal, review or special leave to appeal by the Supreme Court; or (ii) informs him about the date of confirmation of the sentence of death by the High Court and the time allowed to file an appeal or special leave in the Supreme Court has expired. (2) The petition under sub-section (1) may, initially be made to the Governor and on its rejection or disposal by the Governor, the petition shall be made to the President within a period of sixty days from the date of rejection or disposal of such petition. (3) The Superintendent of the jail or officer in charge of the jail shall ensure, that every convict, in case there are more than one convict in a case, also files the mercy petition within a period of sixty days and on non-receipt of such petition from the other convicts, Superintendent of the jail shall send the names, addresses, copy of the record of the case and all other details of the case to the Central Government or the State Government for consideration along with the said mercy petition. (4) The Central Government shall, on receipt of the mercy petition seek the comments of the State Government and consider the petition along with the records of the case and make recommendations to the President in this behalf, as expeditiously as possible, within a period of sixty days from the date of receipt of comments of the State Government and records from Superintendent of the Jail. (5) The President may, consider, decide and dispose of the mercy petition and, in case there are more than one convict in a case, the petitions shall be decided by the President together in the interests of justice. (6) Upon receipt of the order of the President on the mercy petition, the Central Government shall within forty-eight hours, communicate the same to the Home Department of the State Government and the Superintendent of the jail or officer in charge of the jail. (7) No appeal shall lie in any Court against the order of the President or of the Governor made [under article 72 or article 161 of the Constitution and it shall be final, and any question as to the arriving of](javascript:fnOpenLinkPopUp('784','16989');) the decision by the President or the Governor shall not be inquired into in any Court. **473. Power to suspend or remit sentences.—(1) When any person has been sentenced to punishment** for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. (2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence. 157 ----- (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. (5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: Provided that in the case of any sentence (other than a sentence of fine) passed on a person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and— (a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or (b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail. (6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Sanhita or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property. (7) In this section and in section 474, the expression “appropriate Government” means,— (a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government; (b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed. **474. Power to commute sentence.—The appropriate Government may, without the consent of the** person sentenced, commute— (a) a sentence of death, for imprisonment for life; (b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years; (c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years; (d) a sentence of imprisonment for less than seven years, for fine; (e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced. **475. Restriction on powers of remission or commutation in certain cases.—Notwithstanding** anything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 474 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment. **476. Concurrent power of Central Government in case of death sentences.—The powers conferred** by sections 473 and 474 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government. **477. State Government to act after concurrence with Central Government in certain cases.—(1)** The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence— (a) which was investigated by any agency empowered to make investigation into an offence under 158 ----- any Central Act other than this Sanhita; or (b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or (c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after concurrence with the Central Government. (2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends. CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS **478. In what cases bail to be taken.—(1) When any person other than a person accused of a non-** bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided. _Explanation.—Where a person is unable to give bail bond within a week of the date of his arrest, it_ shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 492. (2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty thereof under section 491. **479. Maximum period for which under trial prisoner can be detained.—(1) Where a person has,** during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail: Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law: Provided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail bond instead of his bond: 159 ----- Provided also that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. _Explanation.—In computing the period of detention under this section for granting bail, the period of_ detention passed due to delay in proceeding caused by the accused shall be excluded. (2) Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he shall not be released on bail by the Court. (3) The Superintendent of jail, where the accused person is detained, on completion of one-half or one third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for the release of such person on bail. **480. When bail may be taken in case of non-bailable offence.—(1) When any person accused of, or** suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but— (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years: Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is a child or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation or for police custody beyond the first fifteen days shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court: Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor. (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of section 492 and pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the Court shall impose the conditions,- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter; 160 ----- (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary. (4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons or special reasons for so doing. (5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond for his appearance to hear judgment delivered. **481. Bail to require accused to appear before next Appellate Court.—(1) Before conclusion of the** trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply. **482. Direction for grant of bail to person apprehending arrest.—(1) When any person has reason** to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including— (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence 161 ----- decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). (4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023. **483. Special powers of High Court or Court of Session regarding bail.—(1) A High Court or Court** of Session may direct,— (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; (b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice: Provided further that the High Court or the Court of Session shall, before granting bail to a person who [is accused of an offence triable under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948052');) Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application. (2) The presence of the informant or any person authorised by him shall be obligatory at the time of [hearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the](javascript:fnOpenLinkPopUp('41840','948052');) Bharatiya Nyaya Sanhita, 2023. (3) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. **484. Amount of bond and reduction thereof.—(1) The amount of every bond executed under this** Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive. (2) The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced. **485. Bond of accused and sureties.—(1) Before any person is released on bond or bail bond, a bond** for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be. (2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition. (3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. (4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness. 162 ----- **486. Declaration by sureties.—Every person standing surety to an accused person for his release on** bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars. **487. Discharge from custody.—(1) As soon as the bond or bail bond has been executed, the person** for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him. (2) Nothing in this section, section 478 or section 480, shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond or bail bond was executed. # 488. Power to order sufficient bail when that first taken is insufficient.—If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail. **489. Discharge of sureties.—(1) All or any sureties for the attendance and appearance of a person** released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail. **490. Deposit instead of recognizance.—When any person is required by any Court or officer to** execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond. **491. Procedure when bond has been forfeited.—(1) Where, —** (a) a bond under this Sanhita is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited; or (b) in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. _Explanation.—A condition in a bond for appearance, or for production of property, before a Court shall_ be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred. (2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Sanhita: Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months. 163 ----- (3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only. (4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond. (5) Where any person who has furnished security under section 125 or section 136 or section 401 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 494, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved. **492. Cancellation of bond and bail bond.—Without prejudice to the provisions of section 491, where** a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition,— (a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and (b) thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition: Provided that subject to any other provisions of this Sanhita he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient. **493. Procedure in case of insolvency or death of surety or when a bond is forfeited.—When any** surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order. **494. Bond required from child.—When the person required by any Court, or officer to execute a bond** is a child, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only. **495. Appeal from orders under section 491.—All orders passed under section 491 shall be** appealable,— (i) in the case of an order made by a Magistrate, to the Sessions Judge; (ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court. **496. Power to direct levy of amount due on certain recognizances.—The High Court or Court of** Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session. CHAPTER XXXVI DISPOSAL OF PROPERTY **497. Order for custody and disposal of property pending trial in certain cases.—(1) When any** property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order as it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry 164 ----- or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. _Explanation.—For the purposes of this section, “property” includes—_ (a) property of any kind or document which is produced before the Court or which is in its custody; (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence. (2) The Court or the Magistrate shall, within a period of fourteen days from the production of the property referred to in sub-section (1) before it, prepare a statement of such property containing its description in such form and manner as the State Government may, by rules, provide. (3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on mobile phone or any electronic media, of the property referred to in sub-section (1). (4) The statement prepared under sub-section (2) and the photograph or the videography taken under sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita. (5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter. **498. Order for disposal of property at conclusion of trial.—(1) When an investigation, inquiry or** trial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence. (2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court or the Magistrate, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision. (3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 503, 504 and 505. (4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. (5) In this section, the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise. **499. Payment to innocent purchaser of money found on accused.—When any person is convicted** of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him within six months from the date of such order. 165 ----- **500. Appeal against orders under section 498 or section 499.—(1) Any person aggrieved by an order** made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court. (2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just. (3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made. **[501. Destruction of libellous and other matter.—(1) On a conviction under section 294, section 295,](javascript:fnOpenLinkPopUp('41840','948299');)** [or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the](javascript:fnOpenLinkPopUp('41840','948377');) destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted. [(2) The Court may, in like manner, on a conviction under section 274, section 275, section 276](javascript:fnOpenLinkPopUp('41840','948279');) [or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug or medical preparation in](javascript:fnOpenLinkPopUp('41840','948282');) respect of which the conviction was had, to be destroyed. **502. Power to restore possession of immovable property.—(1) When a person is convicted of an** offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property: Provided that no such order shall be made by the Court more than one month after the date of the conviction. (2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be. (3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499. (4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit. **503. Procedure by police upon seizure of property.—(1) Whenever the seizure of property by any** police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. **504. Procedure where no claimant appears within six months.—(1) If no person within such period** establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as the State Government may, by rules, provide. 166 ----- (2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate. **505. Power to sell perishable property.—If the person entitled to the possession of such property is** unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale. CHAPTER XXXVII IRREGULAR PROCEEDINGS **506. Irregularities which do not vitiate proceedings.—If any Magistrate not empowered by law to** do any of the following things, namely:— (a) to issue a search-warrant under section 97; (b) to order, under section 174, the police to investigate an offence; (c) to hold an inquest under section 196; (d) to issue process under section 207, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction; (e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210; (f) to make over a case under sub-section (2) of section 212; (g) to tender a pardon under section 343; (h) to recall a case and try it himself under section 450; or (i) to sell property under section 504 or section 505, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered. **507. Irregularities which vitiate proceedings.—If any Magistrate, not being empowered by law in** this behalf, does any of the following things, namely:— (a) attaches and sells property under section 85; (b) issues a search-warrant for a document, parcel or other things in the custody of a postal authority; (c) demands security to keep the peace; (d) demands security for good behaviour; (e) discharges a person lawfully bound to be of good behaviour; (f) cancels a bond to keep the peace; (g) makes an order for maintenance; (h) makes an order under section 152 as to a local nuisance; (i) prohibits, under section 162, the repetition or continuance of a public nuisance; (j) makes an order under Part C or Part D of Chapter XI; (k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210; (l) tries an offender; 167 ----- (m) tries an offender summarily; (n) passes a sentence, under section 364, on proceedings recorded by another Magistrate; (o) decides an appeal; (p) calls, under section 438, for proceedings; or (q) revises an order passed under section 491, his proceedings shall be void. **508. Proceedings in wrong place.—No finding, sentence or order of any Criminal Court shall be set** aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice. **509. Non-compliance with provisions of section 183 or section 316.—(1) If any Court before which** a confession or other statement of an accused person recorded, or purporting to be recorded under section 183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, [notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence](javascript:fnOpenLinkPopUp('41841','948496');) in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to Courts of appeal, reference and revision. **510. Effect of omission to frame, or absence of, or error in, charge.—(1) No finding, sentence or** order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby. (2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been occasioned, it may,— (a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge; (b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit: Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction. **511. Finding or sentence when reversible by reason of error, omission or irregularity.—(1) Subject** to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Sanhita, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Sanhita, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings. 168 ----- **512. Defect or error not to make attachment unlawful.—No attachment made under this Sanhita** shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto. CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES **513. Definitions.—For the purposes of this Chapter, unless the context otherwise requires, “period of** limitation” means the period specified in section 514 for taking cognizance of an offence. **514. Bar to taking cognizance after lapse of period of limitation.—(1) Except as otherwise provided** in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation. (2) The period of limitation shall be— (a) six months, if the offence is punishable with fine only; (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. (3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment. _Explanation.—For the purpose of computing the period of limitation, the relevant date shall be the date_ of filing complaint under section 223 or the date of recording of information under section 173. **515. Commencement of period of limitation.—(1) The period of limitation, in relation to an offender,** shall commence,— (a) on the date of the offence; or (b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or (c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier. (2) In computing the said period, the day from which such period is to be computed shall be excluded. **516. Exclusion of time in certain cases.—(1) In computing the period of limitation, the time during** which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded: Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. (3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of 169 ----- such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. _Explanation.—In computing the time required for obtaining the consent or sanction of the Government_ or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded. (4) In computing the period of limitation, the time during which the offender— (a) has been absent from India or from any territory outside India which is under the administration of the Central Government; or (b) has avoided arrest by absconding or concealing himself, shall be excluded. **517. Exclusion of date on which Court is closed.—Where the period of limitation expires on a day** when the Court is closed, the Court may take cognizance on the day on which the Court reopens. _Explanation.—A Court shall be deemed to be closed on any day within the meaning of this section, if,_ during its normal working hours, it remains closed on that day. **518. Continuing offence.—In the case of a continuing offence, a fresh period of limitation shall begin** to run at every moment of the time during which the offence continues. **519. Extension of period of limitation in certain cases.—Notwithstanding anything contained in the** foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice. CHAPTER XXXIX MISCELLANEOUS **520. Trials before High Courts.—When an offence is tried by the High Court otherwise than under** section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were trying the case. **521. Delivery to commanding officers of persons liable to be tried by Court-martial.—(1) The** Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to army, naval or airforce law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest army, naval or air-force station, as the case may be, for the purpose of being tried by a Courtmartial. _Explanation.—In this section—_ (a) “unit” includes a regiment, corps, ship, detachment, group, battalion or company; (b) “Court-martial” includes any Tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union. 170 ----- (2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence. (3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Courtmartial. **[522. Forms.—Subject to the power conferred by article 227 of the Constitution, the forms set forth in](javascript:fnOpenLinkPopUp('784','17165');)** the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient. **523. Power of High Court to make rules.—(1) Every High Court may, with the previous approval of** the State Government, make rules— (a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it; (b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; (c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed; (d) any other matter which is required to be, or may be, provided by rules made by the State Government. (2) All rules made under this section shall be published in the Official Gazette. **524. Power to alter functions allocated to Executive Magistrate in certain cases.—If the Legislative** Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references in sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class. **525. Cases in which Judge or Magistrate is personally interested.—No Judge or Magistrate shall,** except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself. _Explanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in,_ any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case. **526. Practising advocate not to sit as Magistrate in certain Courts.—No advocate who practices in** the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court. **527. Public servant concerned in sale not to purchase or bid for property.—A public servant having** any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid for the property. **528. Saving of inherent powers of High Court.—Nothing in this Sanhita shall be deemed to limit or** affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 171 ----- **529. Duty of High Court to exercise continuous superintendence over Courts.—Every High Court** shall so exercise its superintendence over the Courts of Session and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and Magistrates. **530. Trial and proceedings to be held in electronic mode.—All trials, inquires and proceedings under** this Sanhita, including— (i) issuance, service and execution of summons and warrant; (ii) examination of complainant and witnesses; (iii) recording of evidence in inquiries and trials; and (iv) all appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means. **531. Repeal and savings.—(1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed.** (2) Notwithstanding such repeal— (a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force; (b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita; (c) any sanction accorded or consent given under the said Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent. (3) Where the period specified for an application or other proceeding under the said Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the extension of time. 172 ----- THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES EXPLANATORY NOTES: (1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Bharatiya Nyaya Sanhita, but merely as indication of the substance of the section. (2) In this Schedule, (i) the expression “Magistrate of the first class” and “any Magistrate” does not include Executive Magistrates; (ii) the word “cognizable” stands for “a police officer may arrest without warrant”; and (iii) the word “non-cognizable” stands for “a police officer shall not arrest without warrant”. I.—OFFENCES UNDER THE BHARATIYA NYAYA SANHITA Section Offence Punishment Cognizable or Non-cognizable Bailable or Nonbailable By what Court triable 1 2 3 4 5 6 # 49 Abetment of any offence, Same as for if the act abetted is offence committed in abetted. consequence, and where no express provision is made for its punishment. # 50 Abetment of any offence, Same as for if the person abetted does offence act with different abetted. intention from that of abettor. # 51 Abetment of any offence, Same as for when one act is abetted offence and a different act is done; intended to be subject to the proviso. abetted. # 52 Abettor when liable to Same as for cumulative punishment offence for act abetted and for act abetted. done. # 53 Abetment of any offence, Same as for when an effect is caused offence by the act abetted committed. different from that intended by the abettor. # 54 Abetment of any offence, Same as for if abettor present when offence offence is committed. committed. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. According as offence abetted is cognizable or non-cognizable. 173 According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. ----- 1 55 2 3 4 5 6 Abetment of an offence, 55 punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. If an act which causes harm to be done in consequence of the abetment. # 56 Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment. Abetment of an offence, Imprisonment According as 55 punishable with death or for 7 years and offence abetted imprisonment for life, if fine. is cognizable or the offence be not non-cognizable. committed in consequence of the abetment. If an act which causes Imprisonment According as harm to be done in for 14 years offence abetted consequence of the and fine. is cognizable or abetment. non-cognizable. # 56 Abetment of an offence, Imprisonment According as punishable with extending to offence abetted imprisonment, if the one-fourth of is cognizable or offence be not committed the longest non-cognizable. in consequence of the term provided abetment. for the offence, or fine, or both. If the abettor or the person Imprisonment According as abetted be a public extending to offence abetted servant whose duty it is to one-half of the is cognizable or prevent the offence. longest term non-cognizable. provided for the offence, or fine, or both. 57 Abetting commission of Imprisonment According as an offence by the public which may offence abetted or by more than ten extend to 7 is cognizable or persons. years and fine. non-cognizable. 58(a) Concealing design to Imprisonment According as commit offence for 7 years and offence abetted punishable with death or fine. is cognizable or imprisonment for life, if non-cognizable. the offence be committed. 58(b) If offence be not Imprisonment According as committed. for 3 years and offence abetted fine. is cognizable or non-cognizable. 59(a) A public servant Imprisonment According as concealing a design to extending to offence abetted commit an offence which one-half of the is cognizable or it is his duty to prevent, if longest term non-cognizable. the offence be committed. provided for the offence, or fine, or both. 174 Imprisonment for 7 years and fine. Imprisonment for 14 years and fine. Non-bailable. Court by which offence abetted is triable. Non-bailable. Court by which offence abetted is triable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. Non-bailable. Court by which offence abetted is triable. Bailable. Court by which offence abetted is triable. According as Court by which offence abetted is offence abetted is bailable or triable. non-bailable. ----- 1 2 3 4 5 6 59(b) If the offence be punishable with death or imprisonment for life. 59(c) If the offence be not committed. 60(a) Concealing a design to commit an offence punishable with imprisonment, if offence be committed. 60(b) If the offence be not committed. 59(b) If the offence be Imprisonment for 10 According as Non-bailable. Court by which punishable with death years. offence abetted is offence abetted is or imprisonment for cognizable or triable. life. non-cognizable. 59(c) If the offence be not Imprisonment According as Bailable. Court by which committed. extending to one- offence abetted is offence abetted is fourth of the longest cognizable or triable. term provided for the non-cognizable. offence, or fine, or both. 60(a) Concealing a design to Imprisonment According as According as Court by which commit an offence extending to one- offence abetted is offence abetted offence abetted is punishable with fourth of the longest cognizable or is bailable or triable. imprisonment, if term provided for the non-cognizable. non-bailable. offence be committed. offence, or fine, or both. 60(b) If the offence be not Imprisonment According as Bailable. Court by which committed. extending to one- offence abetted is offence abetted is eighth part of the cognizable or triable. longest term non-cognizable. provided for the offence, or fine, or both. 61(2) Criminal conspiracy to Same as for According as the According as Court by which (a) commit an offence abetment of the offence which is offence which abetment of the punishable with death, offence which is the the object of is object of offence which is imprisonment for life or object of the conspiracy is conspiracy is the object of rigorous imprisonment conspiracy. cognizable or bailable or conspiracy is for a term of 2 years or non-cognizable. non-bailable. triable. upwards. 61(2) Any other criminal Imprisonment for 6 Non-cognizable. Bailable. Magistrate of the (1) conspiracy. months, or fine, or first class. both. 62 Attempting to commit One half of the According as the According as The court by offence punishable with imprisonment for men offence is the offence which the offence imprisonment for life, life, or imprisonment cognizable or attempted by attempted is or imprisonment, and in not exceeding one- non-cognizable. the offender is triable. such attempt doing any half of the longest bailable or act towards the term, provided for non-bailable. commission of the the offence, or fine, offence. or both. Imprisonment for 10 years. 175 ----- 1 2 3 4 5 6 64(1) Rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session. for not less than 10 years but which may extend to imprisonment for life, and fine. 64(2) Rape by a police officer Rigorous imprisonment Cognizable. Non-bailable. Court of Session. or a public servant or for not less than 10 years member of armed forces but which may extend to or a person being on the imprisonment for life management or on the which shall mean the staff of a jail, remand remainder of that home or other place of person's natural life and custody or women's or fine. children's institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped. 65(1) Persons committing Rigorous imprisonment Cognizable. Non-bailable. Court of Session. offence of rape on a for not less than 20 years woman under sixteen but which may extend to years of age. imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and fine. 65(2) Persons committing Rigorous imprisonment Cognizable. Non-bailable. Court of Session. offence of rape on a for not less than 20 years woman under twelve but which may extend to years of age. imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine or death. 176 ----- # 1 2 3 4 5 6 66 Person committing an Rigorous imprisonment Cognizable. Non-bailable. Court of Session. offence of rape and for not less than 20 inflicting injury which years but which may causes death or causes the extend to imprisonment woman to be in a for life which shall persistent vegetative state. mean imprisonment for the remainder of that person's natural life or death. 67 Sexual intercourse by Imprisonment for not Cognizable Bailable. Court of Session. husband upon his wife less than 2 years but (only on the during separation. which may extend to 7 complaint of years and fine. the victim). 68 Sexual intercourse by a Rigorous imprisonment Cognizable. Non-bailable. Court of Session. person in authority, etc. for not less than 5 years, but which may extend to 10 years and fine. # 69 Sexual intercourse by Imprisonment which Cognizable. Non-bailable. Court of Session. employing deceitful may extend to 10 years means, etc. and fine. # 70(1) Gang rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session. for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and fine. # 70(2) Gang rape on a woman Imprisonment for life Cognizable. Non-bailable. Court of Session. under eighteen years of which shall mean age. imprisonment for the remainder of that person's natural life and with fine or with death. # 71 Repeat offenders. Imprisonment for life Cognizable. Non-bailable. Court of Session. which shall mean imprisonment for the remainder of that person's natural life or with death. # 72(1) Disclosure of identity of Imprisonment for 2 Cognizable. Bailable. Any Magistrate. the victim of certain years and fine. offences, etc. 177 ----- # 1 2 3 4 5 6 73 Printing or publication of Imprisonment for Cognizable. Bailable. Any Magistrate. a proceeding without prior 2 years and fine. permission of court. # 74 Assault or use of criminal Imprisonment for Cognizable. Non-bailable. Any Magistrate. force to woman with 1 year which may intent to outrage her extend to 5 years and modesty. fine. # 75(2) Sexual harassment and Rigorous imprisonment Cognizable. Non-bailable. Court of Session. punishment for sexual with 3 years, or fine, or harassment specified in both. clause (i) or clause (ii) or clause (iii) of sub-section (1). # 75(3) Sexual harassment and Imprisonment for 1 Cognizable. Non-bailable. Court of Session. punishment for sexual year, or fine, or both. harassment specified in clause (iv) of sub-section (1). 76 Assault or use of criminal Imprisonment for not Cognizable. Non-bailable. Court of Session. force to woman with less than 3 years but intent to disrobe. which may extend to 7 years and fine. # 77 Voyeurism. Imprisonment for not Cognizable. Bailable. Court of Session. less than 1 year but which may extend to 3 years and fine. Second or subsequent Imprisonment for not Cognizable. Non-bailable. Court of Session. conviction. less than 3 years but which may extend to 7 years and fine. # 78(2) Stalking. Imprisonment up to Cognizable. Bailable. Any Magistrate. 3 years and fine. # Second or subsequent Imprisonment up to Cognizable. Non-bailable. Any Magistrate. conviction. 5 years and fine. 79 Uttering any word or Simple imprisonment Cognizable. Bailable. Any Magistrate. making any gesture for 3 years and fine. intended to insult the modesty of a woman, etc. 80(2) Dowry death. Imprisonment for not Cognizable. Non-bailable. Court of Session. less than 7 years but which may extend to imprisonment for life. 81 A man by deceit causing a Imprisonment for 10 Non- Non-bailable. Magistrate of the woman not lawfully years and fine. cognizable. first class. married to him to believe, that she is lawfully married to him and to cohabit with him in that belief. 178 ----- 1 2 3 4 5 6 82(1) Marrying again during the Imprisonment for Non-cognizable. Bailable. Magistrate of the life time of a husband or 7 years and fine. first class. wife. 82(2) Same offence with Imprisonment for Non-cognizable. Bailable. Magistrate of the concealment of the former 10 years and fine. first class. marriage from the person with whom subsequent marriage is contracted. 83 A person with fraudulent Imprisonment up Non-cognizable. Non-bailable. Magistrate of the intention going through the to 7 years and fine. first class. ceremony of being married, knowing that he is not thereby lawfully married. 84 Enticing or taking away or Imprisonment for Non-cognizable. Bailable. Any Magistrate. detaining with a criminal 2 years, or fine, or intent a married woman. both. 85 Punishment for subjecting Imprisonment for Cognizable if Non-bailable. Magistrate of the a married woman to 3 years and fine. information relating first class. cruelty. to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf. # 87 Kidnapping, abducting or Imprisonment for Cognizable. Non-bailable. Court of Session. inducing woman to 10 years and fine. compel her marriage, etc. # 88 Causing miscarriage. Imprisonment for Non-cognizable. Bailable. Magistrate of the 3 years, or fine, or first class. both. If the woman be quick Imprisonment for Non-cognizable. Bailable. Magistrate of the with child. 7 years and fine. first class. 179 ----- 1 2 3 4 5 6 # 89 Causing miscarriage Imprisonment for life, Cognizable. Non-bailable. Court of Session. without women's consent. or imprisonment for 10 years and fine. # 90(1) Death caused by an act Imprisonment for 10 Cognizable. Non-bailable. Court of Session. done with intent to cause years and fine. miscarriage. # 90(2) If act done without Imprisonment for life, Cognizable. Non-bailable. Court of Session. women's consent. or as above. # 91 Act done with intent to Imprisonment for Cognizable. Non-bailable. Court of Session. prevent a child being born 10 years, or fine, or alive, or to cause it to die both. after its birth. # 92 Causing death of a quick Imprisonment for Cognizable. Non-bailable. Court of Session. unborn child by an act 10 years and fine. amounting to culpable homicide. # 93 Exposure of a child under Imprisonment for Cognizable. Bailable. Magistrate of the 12 years of age by parent 7 years, or fine, or first class. or person having care of it both. with intention of wholly abandoning it. # 94 Concealment of birth by Imprisonment for 2 Cognizable. Bailable. Magistrate of the secret disposal of dead years, or fine, or both. first class. body. # 95 Hiring, employing or Imprisonment for not Cognizable. Non-bailable. Magistrate of the engaging a child to less than 3 years but first class. commit an offence. which may extend to 10 years and fine. If offence be committed. Same as for the Cognizable. Non-bailable. Court by which offence committed. offence committed is triable. # 96 Procuration of child. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. # 97 Kidnapping or abducting Imprisonment for Cognizable. Non-bailable. Magistrate of the a child under ten years 7 years and fine. first class. with intent to steal from its person. # 98 Selling child for purposes Imprisonment for Cognizable. Non-bailable. Court of Session. of prostitution, etc. 10 years and fine. # 99 Buying child for purposes Imprisonment for not Cognizable. Non-bailable. Court of Session. of prostitution, etc. less than 7 years but which may extend to 14 years and fine. # 103(1) Murder. Death or Cognizable. Non-bailable. Court of Session. imprisonment for life and fine. 180 ----- # 1 2 3 4 5 6 103(2) Murder by group of five Death or with Cognizable. Non-bailable. Court of Session. or more persons. imprisonment for life and fine. # 104 Murder by life-convict. Death or Cognizable. Non-bailable. Court of Session. imprisonment for life, which shall mean the remainder of that person's natural life. # 105 Culpable homicide not Imprisonment for life, Cognizable. Non-bailable. Court of Session. amounting to murder, if or Imprisonment for act by which the death is not less than 5 years caused is done with but which may extend intention of causing death, to 10 years and fine. etc. If act be done with Imprisonment for Cognizable. Non-bailable. Court of Session. knowledge that it is likely 10 years and with to cause death, but fine. without any intention to cause death, etc. 106(1) Causing death by Imprisonment for Cognizable. Bailable. Magistrate of the negligence. 5 years and fine. first class. Causing death by Imprisonment for Cognizable. Bailable. Magistrate of the negligence by registered 2 years and fine. first class. medical practitioner. # 106(2) Causing death by rash and Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the negligent driving of years and fine. first class. vehicle and escaping. # 107 Abetment of suicide of Death, or Cognizable. Non-bailable. Court of Session. child or person of imprisonment for life, unsound mind, etc. or imprisonment for 10 years and fine. # 108 Abetment of suicide. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. # 109(1) Attempt to murder. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. If such act causes hurt to Imprisonment for life, Cognizable. Non-bailable. Court of Session. any person. or as above. # 109(2) Attempt by life-convict to Death, or Cognizable. Non-bailable. Court of Session. murder, if hurt is caused. imprisonment for life which shall mean the remainder of that person's natural life. 110 Attempt to commit Imprisonment for 3 Cognizable. Non-bailable. Court of Session. culpable homicide. years, or fine or both. If such act causes hurt to Imprisonment for 7 Cognizable. Non-bailable. Court of Session. any person. years, or fine, or both. 181 ----- 1 2 3 4 5 6 111(2) Organised crime resulting Death or imprisonment Cognizable. Non-bailable. Court of Session. (a) in death of any person. for life and fine of not less than 10 lakh rupees. 111(2) In any other case. Imprisonment for not Cognizable. Non-bailable. Court of Session. (b) less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. 111(3) Abetting, attempting, Imprisonment for not Cognizable. Non-bailable. Court of Session. conspiring or knowingly less than 5 years but facilitating the commission which may extend to of organised crime. imprisonment for life and fine of not less than 5 lakh rupees. 111(4) Being a member of an Imprisonment for not Cognizable. Non-bailable. Court of Session. organised crime syndicate. less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. 111(5) Intentionally harbouring or Imprisonment for not Cognizable. Non-bailable. Court of Session. concealing any person who less than 3 years but committed offence of which may extend to organised crime. imprisonment for life and fine of not less than 5 lakh rupees. 111(6) Possessing property Imprisonment for not Cognizable. Non-bailable. Court of Session. derived, or obtained from less than 3 years but the commission of which may extend to organised crime. imprisonment for life and fine of not less than 2 lakh rupees. 111(7) Possessing property on Imprisonment for not Cognizable. Non-bailable. Court of Session. behalf of a member of an less than 3 years but organised crime syndicate. which may extend to imprisonment for 10 years and fine of not less than 1 lakh rupees. # 112 Petty Organised crime. Imprisonment for not Cognizable. Non-bailable. Magistrate of the less than 1 year but first class. which may extend to 7 years and fine. 113(2) Terrorist act resulting in Death or Cognizable. Non-bailable. Court of Session. (a) the death of any person. imprisonment for life and fine. 182 ----- 1 2 3 4 5 6 113(2) In any other case. Imprisonment for not (b) less than 5 years but which may extend to imprisonment for life and fine. 113(3) Conspiring, attempting, Imprisonment for not abetting, etc., or less than 5 years but knowingly facilitating the which may extend to commission of terrorist imprisonment for life act. and fine. # 113(4) Organising camps, Imprisonment for not training, etc., for less than 5 years but commission of terrorist which may extend to act. imprisonment for life and fine. # 113(5) Being a member of an Imprisonment for life organisation involved in and fine. terrorist act. # 113(6) Harbouring, concealing, Imprisonment for not etc., of any person who less than 3 years but committed a terrorist act. which may extend to imprisonment for life and fine. # 113(7) Possessing property Imprisonment for life derived or obtained from and fine. commission of terrorist act. # 115(2) Voluntarily causing hurt. Imprisonment for 1 year or fine of 10,000 rupees, or both. # 117(2) Voluntarily causing Imprisonment for 7 grievous hurt. years and fine. # 117(3) If hurt to results in Rigorous permanent disability or imprisonment for not persistent vegetative state. less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life. # 117(4) Grievous hurt caused by a Imprisonment for 7 group of 5 or more years and fine. persons. # 118(1) Voluntarily causing hurt Imprisonment for 3 by dangerous weapons or years, or fine of means. 20,000 rupees, or both. 183 Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Noncognizable. Bailable. Any Magistrate. Cognizable. Bailable. Any Magistrate. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Any Magistrate. ----- # 1 2 3 4 5 6 # 118(2) Voluntarily causing Imprisonment for life Cognizable. Non-bailable. Magistrate of the grievous hurt by or imprisonment of first class. dangerous weapons or not less than 1 year means [except as provided but which may extend in section 122(2)]. to 10 years and fine. # 119(1) Voluntarily causing hurt Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the to extort property, or to years and fine. first class. constrain to an illegal act. # 119(2) Voluntarily causing Imprisonment for life, Cognizable. Non-bailable. Court of Session. grievous hurt for any or imprisonment for purpose referred to in sub-10 years and fine. section (1). # 120(1) Voluntarily causing hurt Imprisonment for 7 Cognizable. Bailable. Magistrate of the to extort confession or years and fine. first class. information, or to compel restoration of property, etc. 120(2) Voluntarily causing Imprisonment for 10 Cognizable. Non-bailable. Court of Session. grievous hurt to extort years and fine. confession or information, or to compel restoration of property, etc. 121(1) Voluntarily causing hurt Imprisonment for 5 Cognizable. Non-bailable. Magistrate of the to deter public servant years, or fine, or both. first class. from his duty. 121(2) Voluntarily causing Imprisonment not less Cognizable. Non-bailable. Court of Session. grievous hurt to deter than 1 year, or public servant from his imprisonment for 10 duty. years and fine. 122(1) Voluntarily causing hurt Imprisonment for 1 Non- Bailable. Any Magistrate. on grave and sudden month, or fine of cognizable. provocation, not intending 5,000 rupees, or both. to hurt any other than the person who gave the provocation. 122(2) Causing grievous hurt on Imprisonment for 5 Cognizable. Bailable. Magistrate of the grave and sudden years, or fine of first class. provocation, not intending 10,000 rupees, or to hurt any other than the both. person who gave the provocation. 123 Causing hurt by means of Imprisonment for 10 Cognizable. Non-bailable. Court of Session. poison, etc., with intent to years and fine. commit an offence. 184 ----- 1 2 3 4 5 6 124(1) Voluntarily causing grievous hurt by use of acid, etc. 124(2) Voluntarily throwing or attempting to throw acid. Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. Imprisonment for 5 years but which may extend to 7 years and fine. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Bailable. Any Magistrate. Cognizable. Bailable. Any Magistrate. 125 Doing any act Imprisonment for 3 endangering human life or months, or fine of personal safety of others. 2,500 rupees, or both. 125(a) Where hurt is caused. Imprisonment for 6 months, or fine of 5,000 rupees, or both. 125(b) Where grievous hurt is caused. 126(2) Wrongfully restraining any person. Imprisonment for Cognizable. Bailable. Any Magistrate. 3 years, or fine of 10,000 rupees, or both. Simple imprisonment Cognizable. Bailable. Any Magistrate. for 1 month, or fine of 5,000 rupees, or both. 127(2) Wrongfully confining any Imprisonment for Cognizable. Bailable. Any Magistrate. person. 1 year, or fine of 5,000 rupees, or both. 127(3) Wrongfully confining for Imprisonment for Cognizable. Bailable. Any Magistrate. three or more days. 3 years, or fine of 10,000 rupees, or both. 127(4) Wrongfully confining for Imprisonment for Cognizable. Non-bailable. Magistrate of the 10 or more days. 5 years and fine of first class. 10,000 rupees. 127(5) Keeping any person in Imprisonment for Cognizable. Bailable. Magistrate of the wrongful confinement, 2 years in addition to first class. knowing that a writ has any term of been issued for his imprisonment to liberation. under any other section and fine. 127(6) Wrongful confinement in Imprisonment for Cognizable. Bailable. Magistrate of the secret. 3 years in addition to first class. other punishment which he is liable to and fine. 185 ----- 1 2 3 4 5 6 127(7) Wrongful confinement for Imprisonment for 3 the purpose of extorting years and fine. property, or constraining to an illegal act, etc. 127(8) Wrongful confinement for Imprisonment for 3 the purpose of extorting years and fine. confession or information, or for compelling restoration of property, etc. Cognizable. Bailable. Any Magistrate. Cognizable. Bailable. Any Magistrate. 131 Assault or criminal force otherwise than on grave provocation. 132 Assault or use of criminal force to deter public servant from discharge of his duty. 133 Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation. Imprisonment for 3 months, or fine of 1,000 rupees, or both. Noncognizable. Bailable. Any Magistrate. Imprisonment for 2 Cognizable. Non-bailable. Any Magistrate. years, or fine, or both. Imprisonment for 2 Nonyears, or fine, or both. cognizable. Bailable. Any Magistrate. 134 Assault or criminal force Imprisonment for 2 Cognizable. Bailable. Any Magistrate. in attempt to commit theft years, or fine, or both. of property worn or carried by a person. 135 Assault or use of criminal force in attempt wrongfully to confine a person. Imprisonment for 1 year, or fine of 5,000 rupees, or both. Cognizable. Bailable. Any Magistrate. 136 Assault or use of criminal Simple imprisonment Nonforce on grave and sudden for one month, or fine cognizable. provocation. of 1,000 rupees, or both. Bailable. Any Magistrate. 137(2) Kidnapping. Imprisonment for 7 years and fine. Cognizable. Bailable. Magistrate of the first class. 139(1) Kidnapping a child for purposes of begging. Rigorous Cognizable. Non-bailable. Magistrate of the imprisonment not be first class. less than 10 years but which may extend to imprisonment for life, and fine. 186 ----- 1 2 3 4 5 6 139(2) Maiming a child for purposes of begging. 140(1) Kidnapping or abducting in order to murder. 140(2) Kidnapping for ransom, etc. 140(3) Kidnapping or abducting with intent secretly and wrongfully to confine a person. 140(4) Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. 141 Importation of a girl or boy from foreign country. 142 Wrongfully concealing or keeping in confinement, kidnapped or abducted person. Imprisonment not be less than 20 years which may extend to remainder of that person's natural life, and fine. Cognizable. Non-bailable. Court of Session. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or rigorous imprisonment for 10 years and fine. Death, or imprisonment for life and fine. Cognizable. Non-bailable. Court of Session. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. Imprisonment for 10 years and fine. Punishment for kidnapping or abduction. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court by which the kidnapping or abduction is triable. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. 143(2) Trafficking of person. Rigorous imprisonment for not less than 7 years but which may extend to 10 years and fine. 143(3) Trafficking of more than one person. Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. 143(4) Trafficking of a child. Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. 187 ----- 1 2 3 4 5 6 143(5) Trafficking of more than Rigorous Cognizable. Non-bailable. Court of Session. one child. imprisonment for not less than 14 years but which may extend to imprisonment for life and fine. 143(6) Person convicted of offence Imprisonment for life Cognizable. Non-bailable. Court of Session. of trafficking of child on which shall mean the more than one occasion. remainder of that person's natural life and fine. 143(7) Public servant or a police Imprisonment for life Cognizable. Non-bailable. Court of Session. officer involved in which shall mean the trafficking of child. remainder of that person's natural life and fine. 144(1) Exploitation of a Rigorous Cognizable. Non-bailable. Court of Session. trafficked child. imprisonment for not less than 5 years but which may extend to 10 years and fine. 144(2) Exploitation of a Rigorous Cognizable. Non-bailable. Court of Session. trafficked person. imprisonment for not less than 3 years but which may extend to 7 years and fine. 145 Habitual dealing in slaves. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. 146 Unlawful compulsory Imprisonment for 1 Cognizable. Bailable. Any Magistrate. labour. year, or fine, or both. 147 Waging or attempting to Death, or Cognizable. Non-bailable. Court of Session. wage war, or abetting the imprisonment for life waging of war, against the and fine. Government of India. 148 Conspiring to commit Imprisonment for life, Cognizable. Non-bailable. Court of Session. certain offences against or imprisonment for the State. 10 years and fine. 149 Collecting arms, etc., with Imprisonment for life, Cognizable. Non-bailable. Court of Session. the intention of waging or imprisonment for war against the 10 years and fine. Government of India. 150 Concealing with intent to Imprisonment for Cognizable. Non-bailable. Court of Session. facilitate a design to wage 10 years and fine. war. 151 Assaulting President, Imprisonment for Cognizable. Non-bailable. Court of Session. Governor, etc., with intent 7 years and fine. to compel or restrain the exercise of any lawful power. 188 ----- 1 2 3 4 5 6 152 Act endangering sovereignty, unity and integrity of India. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 7 years and fine. 153 Waging war against Imprisonment for life Cognizable. Non-bailable. Court of Session. Government of any and fine, or foreign State at peace with imprisonment for 7 the Government of India. years and fine, or fine. 154 Committing depredation Imprisonment for 7 on the territories of any years and fine, and foreign state at peace with forfeiture of certain the Government of India. property. 155 Receiving property taken Imprisonment for 7 by war or depredation years and fine, and mentioned in sections 153 forfeiture of certain and 154. property. Cognizable. Non-bailable. Court of Session. Cognizable. Non-bailable. Court of Session. 156 Public servant voluntarily allowing prisoner of state or war in his custody to escape. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. 157 Public servant negligently Simple imprisonment suffering prisoner of State for 3 years and fine. or war in his custody to escape. Cognizable. Bailable. Magistrate of the first class. 158 Aiding escape of, rescuing Imprisonment for life, Cognizable. Non-bailable. Court of Session. or harbouring such or imprisonment for prisoner. 10 years and fine. 159 Abetting mutiny, or attempting to seduce an officer, soldier, sailor or airman from his allegiance or duty. 160 Abetment of mutiny, if mutiny is committed in consequence thereof. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. Death, or Cognizable. Non-bailable. Court of Session. imprisonment for life, or imprisonment for 10 years and fine. 161 Abetment of assault by an Imprisonment for Cognizable. Non-bailable. Magistrate of the officer, soldier, sailor or 3 years and fine. first class. airman on his superior officer, when in execution of his office. 162 Abetment of such assault, if the assault committed. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. 189 ----- 1 2 3 4 5 6 163 Abetment of the desertion of an officer, soldier, sailor or airman. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. 164 Harbouring deserter. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. 165 Deserter concealed on Fine of 3,000 rupees. Non- Bailable. Any Magistrate. board merchant vessel cognizable. through negligence of master or person in charge thereof. 166 Abetment of act of Imprisonment for Cognizable. Bailable. Any Magistrate. insubordination by an 2 years, or fine, or officer, soldier, sailor or both. airman if the offence be committed in consequence. 168 Wearing garb or carrying Imprisonment for 3 Cognizable. Bailable. Any Magistrate. token used by soldier, months, or fine of sailor or airman. 2,000 rupees, or both. 173 Bribery. Imprisonment for 1 Non- Bailable. Magistrate of the year or fine, or both, cognizable. first class. or if treating only, fine only. 174 Undue influence or Imprisonment for Non- Bailable. Magistrate of the personation at an election. 1 year, or fine, or cognizable. first class. both. 175 False statement in Fine. Non- Bailable. Magistrate of the connection with an cognizable. first class. election. 176 Illegal payments in Fine of 10,000 rupees. Non- Bailable. Magistrate of the connection with elections. cognizable. first class. 177 Failure to keep election Fine of 5,000 rupees. Non- Bailable. Magistrate of the accounts. cognizable. first class. 178 Counterfeiting coins, Imprisonment for life, Cognizable. Non-bailable. Court of Session. government stamps, or imprisonment for currency-notes or bank- 10 years and fine. notes. 179 Using as genuine forged Imprisonment for life, Cognizable. Non-bailable. Court of Session. or counterfeit coin, or imprisonment for Government stamp 10 years and fine. currency-notes or banknotes. 180 Possession of forged or Imprisonment for Cognizable. Non-bailable. Court of Session. counterfeit coin, 7 years, or fine, or Government stamp, both. currency-notes or banknotes. 190 ----- 1 2 3 4 5 6 181 Making, buying, selling or Imprisonment for life, Cognizable. Non-bailable. Court of Session. possessing machinery, or imprisonment for 10 instrument or material for years and fine. forging or counterfeiting coins, Government stamp, currency-notes or banknotes. 182(1) Making or using Fine of 300 rupees. Non- Bailable. Any Magistrate. documents resembling cognizable. currency-notes or banknotes. 182(2) On refusal to disclose the Fine of 600 rupees. Non- Bailable. Any Magistrate. name and address of the cognizable. printer. 183 Effacing any writing from a Imprisonment for 3 Cognizable. Bailable. Magistrate of the substance bearing a years, or fine, or both. first class. Government stamp, removing from a document a stamp used for it, with intent to cause a loss to Government. 184 Using a Government stamp Imprisonment for 2 Cognizable. Bailable. Any Magistrate. known to have been before years, or fine, or both. used. 185 Erasure of mark denoting Imprisonment for 3 Cognizable. Bailable. Magistrate of the that stamps have been used. years, or fine, or both. first class. 186 Fictitious stamps. Fine of 200 rupees. Cognizable. Bailable. Any Magistrate. 187 Person employed in a Mint Imprisonment for 7 Cognizable. Non-bailable. Magistrate of the causing coin to be of a years and fine. first class. different weight or composition from that fixed by law. 188 Unlawfully taking from a Imprisonment for 7 Cognizable. Non-bailable. Magistrate of the Mint any coining years and fine. first class. instrument. 189(2) Being member of an Imprisonment for 6 Cognizable. Bailable. Any Magistrate. unlawful assembly. months, or fine, or both. 189(3) Joining or continuing in an Imprisonment for 2 Cognizable. Bailable. Any Magistrate. unlawful assembly, years, or fine, or both. knowing that it has been commanded to disperse. 189(4) Joining an unlawful Imprisonment for 2 Cognizable. Bailable. Any Magistrate. assembly armed with any years, or fine, or both. deadly weapon. 189(5) Knowingly joining or Imprisonment for 6 Cognizable. Bailable. Any Magistrate. continuing in any assembly months, or fine, or of five or more persons both. after it has been commanded to disperse. 191 ----- 1 2 3 4 5 6 189(6) Hiring, engaging or The same as for a Cognizable. According as The Court by employing persons to take member of such offence is which the offence part in an unlawful assembly, and for any bailable or non- is triable. assembly. offence committed by bailable. any member of such assembly. 189(7) Harbouring persons hired Imprisonment for Cognizable. Bailable. Any Magistrate. for an unlawful assembly. 6 months, or fine, or both. 189(8) Being hired to take part in Imprisonment for Cognizable. Bailable. Any Magistrate. an unlawful assembly or 6 months, or fine, or riot. both. 189(9) Or to go armed. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. 190 Every member of The same as for the According as According as The Court by unlawful assembly guilty offence. offence is offence is which the offence of offence committed in cognizable or bailable or non- is triable. prosecution of common non- bailable. object. cognizable. 191(2) Rioting. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. 191(3) Rioting, armed with a Imprisonment for Cognizable. Bailable. Magistrate of the deadly weapon. 5 years, or fine, or first class. both. 192 Wantonly giving Imprisonment for Cognizable. Bailable. Any Magistrate. provocation with intent to 1 year, or fine, or cause riot, if rioting be both. committed. If not committed. Imprisonment for Cognizable. Bailable. Any Magistrate. 6 months, or fine, or both. 193(1) Owner or occupier of land Fine of 1,000 rupees. Non- Bailable. Any Magistrate. not giving information of cognizable. riot, etc. 193(2) Person for whose benefit Fine. Non- Bailable. Any Magistrate. or on whose behalf a riot cognizable. takes place not using all lawful means to prevent it. 193(3) Agent of owner or Fine. Non- Bailable. Any Magistrate. occupier for whose cognizable. benefit a riot is committed not using all lawful means to prevent it. 194(2) Committing affray. Imprisonment for one Cognizable. Bailable. Any Magistrate. month, or fine of 1,000 rupees, or both. 192 ----- 1 2 3 4 5 6 195(1) Assaulting or obstructing public servant when suppressing riot, etc. 195(2) Threatening to assault or attempting to obstruct public servant when suppressing riot, etc. 196(1) Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 196(2) Promoting enmity between classes in place of worship, etc. 197(1) Imputations, assertions prejudicial to national integration. 197(2) If committed in a place of public worship, etc. 198 Public servant disobeying direction of the law with intent to cause injury to any person. 199 Public servant disobeying direction under law. 200 Non-treatment of victim by hospital. 201 Public servant framing an incorrect document with intent to cause injury. 202 Public servant unlawfully engaging in trade. 203 Public servant unlawfully buying or bidding for property. Imprisonment for Cognizable. Bailable. Magistrate of the 3 years, or fine not first class. less than 25,000 rupees, or both. Imprisonment for Non- Bailable. Any Magistrate. 1 year, or fine, or cognizable. both. Imprisonment for Cognizable. Non-bailable. Magistrate of the 3 years, or fine, or first class. both. Imprisonment for Cognizable. Non-bailable. Magistrate of the 5 years and fine. first class. Imprisonment for Cognizable. Non-bailable. Magistrate of the 3 years, or fine, or first class. both. Imprisonment for Cognizable. Non-bailable. Magistrate of the 5 years and fine. first class. Simple imprisonment Non- Bailable. Magistrate of the for 1 year, or fine, or cognizable. first class. both. Rigorous Cognizable. Bailable. Magistrate of the imprisonment for not first class. less than 6 months which may extend to 2 years and fine. Imprisonment for Non- Bailable. Magistrate of the 1 year, or fine, or cognizable. first class. both. Imprisonment for Cognizable. Bailable. Magistrate of the 3 years, or fine, or first class. both. Simple imprisonment Non- Bailable. Magistrate of the for 1 year, or fine, or cognizable. first class. both, or community service. Simple imprisonment Non- Bailable. Magistrate f the for 2 years, or fine, or cognizable. firstclass. both and confiscation of property, if purchased. 193 ----- 1 2 3 4 5 6 204 Personating a public servant. 205 Wearing garb or carrying token used by public servant with fraudulent intent. 206(a) Absconding to avoid service of summons or other proceeding from a public servant. 206(b) If summons or notice require attendance in person, etc., in a Court. 207(a) Preventing service of summons or other proceeding, or preventing publication thereof. 207(b) If summons, etc., require attendance in person, etc., in a Court. 208(a) Non-attendance in obedience to an order from public servant. 208(b) If the order requires personal attendance, etc., in a Court 209 Non-appearance in response to a proclamation under section 84 of this Sanhita. In a case where declaration has been made under sub-section (4) of section 84 of this Sanhita pronouncing a person as proclaimed offender. Imprisonment for not Cognizable. Non-bailable. Any Magistrate. less than 6 months but which may extend to 3 years and fine. Imprisonment for Cognizable. Bailable. Any Magistrate. 3 months, or fine of 5,000 rupees, or both. Imprisonment for Cognizable. Non-bailable. Magistrate of the 3 years, or fine, or first class. both, or community service. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. 194 Simple imprisonment Nonfor 1 month, or fine of cognizable. 5,000 rupees, or both. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Noncognizable. Simple imprisonment Nonfor 1 month, or fine of cognizable. 5,000 rupees, or both. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Noncognizable. Simple imprisonment Nonfor 1 month, or fine of cognizable. 5,000 rupees, or both. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Noncognizable. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. ----- 1 2 3 4 5 6 210(a) Omission to produce Simple imprisonment Non document to public for 1 month, or fine of cognizable. servant by person legally 5,000 rupees, or both. bound to produce or deliver it. 210(b) If the document is Simple imprisonment Non required to be produced in for 6 months, or fine cognizable. or delivered to a Court. of 10,000 rupees, or both. 211(a) Intentional omission to Simple imprisonment Non give notice or information for 1 month, or fine of cognizable. to public servant by 5,000 rupees, or both. person legally bound to give it. 211(b) If the notice or Simple imprisonment Non information required for 6 months, or fine cognizable. respects the commission of 10,000 rupees, or of an offence, etc. both. 211(c) If the notice or Imprisonment for Non information is required by 6 months, or fine of cognizable. an order passed under 1,000 rupees, or both. sub-section (1) of section 394 of this Sanhita. 212(a) Knowingly furnishing Simple imprisonment Non false information to public for 6 months, or fine cognizable. servant. of 5,000 rupees, or both. 212(b) If the information Imprisonment for Non required respects the 2 years, or fine, or cognizable. commission of an offence, both. etc. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. 195 ----- 1 2 3 4 5 6 213 Refusing oath when duly required to take oath by a public servant. Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. Noncognizable. Noncognizable. Noncognizable. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. Bailable. Magistrate of the first class. Bailable. Any Magistrate. Bailable. Any Magistrate. 214 Being legally bound to Simple imprisonment state truth, and refusing to for 6 months, or fine answer public servant of 5,000 rupees, or authorised to question. both. 215 Refusing to sign a Simple imprisonment Nonstatement made to a for 3 months, or fine cognizable. public servant when of 3,000 rupees, or legally required to do so. both. 216 Knowingly stating to a Imprisonment for Nonpublic servant on oath as 3 years and fine. cognizable. true that which is false. 217 Giving false information Imprisonment for Nonto a public servant in 1 year, or with fine of cognizable. order to cause him to use 10,000 rupees, or his lawful power to the both. injury or annoyance of any person. 218 Resistance to the taking of Imprisonment for Nonproperty by the lawful 6 months, or fine of cognizable. authority of a public 10,000 rupees, or servant. both. 196 ----- 1 2 3 4 5 6 219 Obstructing sale of Imprisonment for Non- Bailable. Any Magistrate. property offered for sale 1 month, or fine of cognizable. by authority of a public 5,000 rupees, or both. servant. 220 Illegal purchase or bid for Imprisonment for Non- Bailable. Any Magistrate. property offered for sale 1 month, or fine of cognizable. by authority of public 200 rupees, or both. servant. 221 Obstructing public servant Imprisonment for Non- Bailable. Any Magistrate. in discharge of his public 3 months, or fine of cognizable. functions. 2,500 rupees, or both. 222(a) Omission to assist public Simple imprisonment Non- Bailable. Any Magistrate. servant when bound by for 1 month, or fine of cognizable. law to give such 2,500 rupees, or both. assistance. 222(b) Wilfully neglecting to aid Simple imprisonment Non- Bailable. Any Magistrate. a public servant who for 6 months, or fine cognizable. demands aid in the of 5,000 rupees, or execution of process, the both. prevention of offences, etc. 223(a) Disobedience to an order Simple imprisonment Cognizable. Bailable. Any Magistrate. lawfully promulgated by a for 6 months, or fine public servant, if such of 2,500 rupees, or disobedience causes both. obstruction, annoyance or injury to persons lawfully employed. 223(b) If such disobedience Imprisonment for Cognizable. Bailable. Any Magistrate. causes danger to human 1 year, or fine of life, health or safety, or 5,000 rupees, or both. causes or tends to cause a riot or affray. 224 Threat of injury to public Imprisonment for Non- Bailable. Any Magistrate. servant, etc. 2 years, or fine, or cognizable. both. 225 Threat of injury to induce Imprisonment for Non- Bailable. Any Magistrate. person to refrain from 1 year, or fine, or cognizable. applying for protection to both. public servant. 226 Attempt to commit Imprisonment for Non- Bailable. Any Magistrate. suicide to compel or 1 year, or fine, or cognizable. restraint exercise of both, or community lawful power. service. 229(1) Intentionally giving or Imprisonment for Non- Bailable. Magistrate of the fabricating false evidence 7 years and 10,000 cognizable. first class. in a judicial proceeding. rupees. 197 ----- 1 2 3 4 5 6 229(2) Giving or fabricating false Imprisonment for Non- Bailable. Any Magistrate. evidence in any other 3 years and 5,000 cognizable. case. rupees. 230(1) Giving or fabricating false Imprisonment for life, Non- Non-bailable. Court of Session. evidence with intent to or rigorous cognizable. cause any person to be imprisonment for convicted of capital 10 years and 50,000 offence. rupees. 230(2) If innocent person be Death, or as above. Non- Non-bailable. Court of Session. thereby convicted and cognizable. executed. 231 Giving or fabricating false The same as for the Non- Non-bailable. Court of Session. evidence with intent to offence. cognizable. procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 years, or upwards. 232(1) Threatening any person to Imprisonment for Cognizable. Non-bailable. Court by which give false evidence. 7 years, or fine, or offence of giving both. false evidence is triable. 232(2) If innocent person is The same as for the Cognizable. Non-bailable. Court by which convicted and sentenced offence. offence of giving in consequence of false false evidence is evidence with death, or triable. imprisonment for more than 7 years. 233 Using in a judicial The same as for Non- According as Court by which proceeding evidence giving or fabricating cognizable. offence of offence of giving known to be false or false evidence. giving such or fabricating fabricated. evidence is false evidence is bailable or non- triable. bailable. 234 Knowingly issuing or The same as for Non- Bailable. Court by which signing a false certificate giving false evidence. cognizable. offence of giving relating to any fact of false evidence is which such certificate is triable. by law admissible in evidence. 235 Using as a true certificate The same as for Non- Bailable. Court by which one known to be false in a giving false evidence. cognizable. offence of giving material point. false evidence is triable. 236 False statement made in The same as for Non- Bailable. Court by which any declaration which is giving false evidence. cognizable. offence of giving by law receivable as false evidence is evidence. triable. 198 ----- 1 2 3 4 5 6 237 Using as true any such The same as for Non- Bailable. Court by which declaration known to be giving false evidence. cognizable. offence of giving false. false evidence is triable. 238(a) Causing disappearance of Imprisonment for According as Bailable. Court of Session. evidence of an offence 7 years and fine. the offence in committed, or giving false relation to information touching it to which screen the offender, if a disappearance capital offence. of evidence is caused is cognizable or noncognizable. 238(b) If punishable with Imprisonment for Non- Bailable. Magistrate of the imprisonment for life or 3 years and fine. cognizable. first class. imprisonment for 10 years. 238(c) If punishable with less Imprisonment for Non- Bailable. Court by which than 10 years' one-fourth of the cognizable. the offence is imprisonment. longest term provided triable. for the offence, or fine, or both. 239 Intentional omission to Imprisonment for Non- Bailable. Any Magistrate. give information of an 6 months, or fine of cognizable. offence by a person 5,000 rupees, or both. legally bound to inform. 240 Giving false information Imprisonment for Non- Bailable. Any Magistrate. respecting an offence 2 years, or fine, or cognizable. committed. both. 241 Secreting or destroying Imprisonment for Non- Bailable. Magistrate of the any document to prevent 3 years, or fine of cognizable. first class. its production as evidence. 5,000 rupees, or both. 242 False personation for the Imprisonment for Non- Bailable. Magistrate of the purpose of any act or 3 years, or fine, or cognizable. first class. proceeding in a suit or both. criminal prosecution, or for becoming bail or security. 243 Fraudulent removal or Imprisonment for Non- Bailable. Any Magistrate. concealment, etc., of 3 years, or fine, of cognizable. property to prevent its 5,000 rupees, or both. seizure as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree. 199 ----- 1 2 3 4 5 6 244 Claiming property Imprisonment for Non- Bailable. Any Magistrate. without right, or 2 years, or fine, or cognizable. practising deception both. touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree. 245 Fraudulently suffering a Imprisonment for Non- Bailable. Magistrate of the decree to pass for a sum 2 years, or fine, or cognizable. first class. not due, or suffering both. decree to be executed after it has been satisfied. 246 False claim in a Court. Imprisonment for Non- Bailable. Magistrate of the 2 years and fine. cognizable. first class. 247 Fraudulently obtaining a Imprisonment for Non- Bailable. Magistrate of the decree for a sum not due, 2 years, or fine, or cognizable. first class. or causing a decree to be both. executed after it has been satisfied. 248(a) False charge of offence Imprisonment for Non- Bailable. Magistrate of the made with intent to injure. 5 years, or fine of cognizable. first class. 2 lakh rupees, or both. 248(b) Criminal proceeding Imprisonment for Non- Bailable. Court of Session. instituted on a false 10 years and fine. cognizable. charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards. 249(a) Harbouring an offender, if Imprisonment for Cognizable. Bailable. Magistrate of the the offence is punishable 5 years and fine. first class. with death. 249(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years and fine. first class. with imprisonment for 10 years. 249(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for 1 year one-fourth of the first class. and not for 10 years. longest term, and of the descriptions, provided for the offence, or fine, or both. 200 ----- 1 2 3 4 5 6 250(a) Taking gift, etc., to screen Imprisonment for Cognizable. Bailable. Magistrate of the an offender from 7 years and fine. first class. punishment if the offence is punishable with death. 250(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years and fine. first class. with imprisonment for 10 years. 250(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for less one-fourth of the first class. than 10 years. longest term provided for the offence, or fine, or both. 251(a) Offering gift or Imprisonment for Non- Bailable. Magistrate of the restoration of property in 7 years and fine. cognizable. first class. consideration of screening offender if the offence is punishable with death. 251(b) If punishable with Imprisonment for Non- Bailable. Magistrate of the imprisonment for life or 3 years and fine. cognizable. first class. with imprisonment for 10 years. 251(c) If punishable with Imprisonment for Non- Bailable. Magistrate of the imprisonment for less one-fourth of the cognizable. first class. than 10 years. longest term, provided for the offence, or fine, or both. 252 Taking gift to help to Imprisonment for Cognizable. Bailable. Magistrate of the recover movable property 2 years, or fine, or first class. of which a person has both. been deprived by an offence without causing apprehension of offender. 253(a) Harbouring an offender Imprisonment for Cognizable. Bailable. Magistrate of the who has escaped from 7 years and fine. first class. custody, or whose apprehension has been ordered, if the offence is punishable with death. 253(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years, with or first class. with imprisonment for without fine. 10 years. 201 ----- 1 2 3 4 5 6 253(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for 1 year one-fourth of the first class. and not for 10 years. longest term provided for the offence, or fine, or both. 254 Harbouring robbers or Rigorous Cognizable. Bailable. Magistrate of the dacoits. imprisonment for first class. 7 years and fine. 255 Public servant disobeying Imprisonment for Non- Bailable. Any Magistrate. a direction of law with 2 years, or fine, or cognizable. intent to save person from both. punishment, or property from forfeiture. 256 Public servant framing an Imprisonment for Cognizable. Bailable. Magistrate of the incorrect record or writing 3 years, or fine, or first class. with intent to save person both. from punishment, or property from forfeiture. 257 Public servant in a judicial Imprisonment for Non- Bailable. Magistrate of the proceeding corruptly 7 years, or fine, or cognizable. first class. making and pronouncing both. an order, report, etc. contrary to law. 258 Commitment for trial or Imprisonment for Non- Bailable. Magistrate of the confinement by a person 7 years, or fine, or cognizable. first class. having authority, who both. knows that he is acting contrary to law. 259(a) Intentional omission to Imprisonment for According as Bailable. Magistrate of the apprehend on the part of a 7 years, with or the offence in first class. public servant bound by without fine. relation to law to apprehend an which such offender, if the offence is omission has punishable with death. been made is cognizable or noncognizable. 259(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years, with or first class. imprisonment for without fine. 10 years. 259(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for less 2 years, with or first class. than 10 years. without fine. 202 ----- 1 2 3 4 5 6 260(a) Intentional omission to Imprisonment for life, Cognizable. Non-bailable. Court of Session. apprehend on the part of a or imprisonment for public servant bound by 14 years, with or law to apprehend person without fine. under sentence of a Court if under sentence of death. 260(b) If under sentence of imprisonment for life or imprisonment for 10 years, or upwards. 260(c) If under sentence of imprisonment for less than 10 years or lawfully committed to custody. 261 Escape from confinement negligently suffered by a public servant. 262 Resistance or obstruction by a person to his lawful apprehension. 263(a) Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody. 263(b) If charged with an offence punishable with imprisonment for life or imprisonment for 10 years. 263(c) If charged with offence punishable with death. 263(d) If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years, with or first class. without fine. Imprisonment for Cognizable. Bailable. Magistrate of the 3 years, or fine, or first class. both. Simple imprisonment for 2 years, or fine, or both. Noncognizable. Bailable. Any Magistrate. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. Imprisonment for Cognizable. Non-bailable. Magistrate of the 3 years and fine. first class. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. 263(e) If under sentence of death. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. 203 ----- 1 2 3 4 5 6 264 Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for:- (a) in case of intentional Imprisonment for Non- Bailable. Magistrate of the omission or sufferance; 3 years, or fine, or cognizable. first class. both. (b) in case of negligent Simple imprisonment Non- Bailable. Any Magistrate. omission or sufferance. for 2 years, or fine, or cognizable. both. 265 Resistance or obstruction Imprisonment Cognizable. Bailable. Any Magistrate. to lawful apprehension, or for 6 months, or fine, escape or rescue in cases or both. not otherwise provided for. 266 Violation of condition of Punishment of Cognizable. Non-bailable. The Court by remission of punishment. original sentence, which the original or if part of the offence was punishment has triable. been undergone, the residue. 267 Intentional insult or Simple imprisonment Non- Bailable. The Court in interruption to a public for 6 months, or fine cognizable. which the offence servant sitting in any of 5,000 rupees, or is committed, stage of a judicial both. subject to the proceeding. provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 268 Personation of an assessor. Imprisonment for Non- Bailable. Magistrate of the 2 years, or fine, or both. cognizable. first class. 269 Failure by person released Imprisonment for Cognizable. Non-bailable. Any Magistrate. on bond or bail bond to 1 year, or fine, or both. appear in Court. 271 Negligently doing any act Imprisonment for Cognizable. Bailable. Any Magistrate. known to be likely to spread 6 months, or fine, or infection of any disease both. dangerous to life. 272 Malignantly doing any act Imprisonment for Cognizable. Bailable. Any Magistrate. known to be likely to spread 2 years, or fine, or both. infection of any disease dangerous to life. 273 Knowingly disobeying any Imprisonment for Non- Bailable. Any Magistrate. quarantine rule. 6 months, or fine, or cognizable. both. 274 Adulterating food or drink Imprisonment for Non- Bailable. Any Magistrate. intended for sale, so as to 6 months, or fine of cognizable. make the same noxious. 5,000 rupees, or both. 204 ----- 1 2 3 4 5 6 275 Selling any food or drink as Imprisonment for Non- Bailable. Any Magistrate. food and drink, knowing the 6 months, or fine of cognizable. same to be noxious. 5,000 rupees, or both. 276 Adulterating any drug or Imprisonment for Non- Non-bailable. Any Magistrate. medical preparation intended 1 year, or fine of 5,000 cognizable. for sale so as to lessen its rupees, or both. efficacy, or to change its operation, or to make it noxious. 277 Sale of adulterated drugs. Imprisonment for Non- Bailable. Any Magistrate. 6 months, or fine of cognizable. 5,000 rupees, or both. 278 Knowingly selling of drug Imprisonment for Non- Bailable. Any Magistrate. as a different drug or 6 months, or fine of cognizable. preparation. 5,000 rupees, or both. 279 Fouling water of public Imprisonment for Cognizable. Bailable. Any Magistrate. spring or reservoir. 6 months, or fine of 5,000 rupees, or both. 280 Making atmosphere Fine of 1,000 rupees. Non- Bailable. Any Magistrate. noxious to health. cognizable. 281 Rash driving or riding on Imprisonment for Cognizable. Bailable. Any Magistrate. a public way. 6 months, or fine of 1,000 rupees, or both. 282 Rash navigation of vessel. Imprisonment for Cognizable. Bailable. Any Magistrate. 6 months, or fine of 10,000 rupees, or both. 283 Exhibition of a false light, Imprisonment for Cognizable. Bailable. Magistrate of the mark or buoy. 7 years, and fine first class. which shall not be less than 10,000 rupees. 284 Conveying person by Imprisonment for Cognizable. Bailable. Any Magistrate. water for hire in unsafe or 6 months, or fine of overloaded vessel. 5,000 rupees, or both. 285 Causing danger or Fine of 5,000 rupees. Cognizable. Bailable. Any Magistrate. obstruction in public way or line of navigation. 286 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate. respect to poisonous 6 months, or fine of substance. 5,000 rupees, or both. 287 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate. respect to fire or 6 months, or fine of combustible matter. 2,000 rupees, or both. 288 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate. respect to explosive 6 months, or fine of substance. 5,000 rupees, or both. 289 Negligent conduct with Imprisonment for Non- Bailable. Any Magistrate. respect to machinery. 6 months, or fine of cognizable. 5,000 rupees, or both. 205 ----- 1 2 3 4 5 6 290 Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. 291 Negligent conduct with respect to animal. 292 Committing public nuisance in cases not otherwise provided for. 293 Continuance of nuisance after injunction to discontinue. 294(2) Sale, etc., of obscene books, etc. 295 Sale, etc., of obscene objects to child. Imprisonment for Non6 months, or fine of cognizable. 5,000 rupees, or both. Bailable. Any Magistrate. Imprisonment for Cognizable. Bailable. Any Magistrate. 6 months, or fine of 5,000 rupees, or both. Fine of 1,000 rupees. Non- Bailable. Any Magistrate. cognizable. 293 Continuance of nuisance Simple imprisonment Cognizable. Bailable. Any Magistrate. after injunction to for 6 months, or fine discontinue. of 5,000 rupees, or both. 294(2) Sale, etc., of obscene On first conviction, Cognizable. Bailable. Any Magistrate. books, etc. with imprisonment for 2 years, and with fine of 5,000 rupees, and, in the event of second or subsequent conviction, with imprisonment for 5 years, and with fine of 10,000 rupees. 295 Sale, etc., of obscene On first conviction, Cognizable. Bailable. Any Magistrate. objects to child. with imprisonment for 3 years, and with fine of 2,000 rupees, and in the event of second or subsequent conviction, with imprisonment for 7 years, and with fine of 5,000 rupees. 296 Obscene acts and songs. Imprisonment for Cognizable. Bailable. Any Magistrate. 3 months, or fine of 1,000 rupees, or both. 297(1) Keeping a lottery office. Imprisonment for Non- Bailable. Any Magistrate. 6 months, or fine, or cognizable. both. 297(2) Publishing proposals Fine of 5,000 rupees. Non- Bailable. Any Magistrate. relating to lotteries. cognizable. 298 Defiling, etc., place of Imprisonment for Cognizable. Non-bailable. Any Magistrate. worship, with intent to 2 years, or fine, or insult the religion of any both. class. 206 ----- 1 2 3 4 5 6 299 Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. 300 Disturbing religious assembly. 301 Trespassing on burial places, etc. Imprisonment for Cognizable. Non-bailable. Magistrate of the 3 years, or fine, or first class. both. 300 Disturbing religious Imprisonment for Cognizable. Bailable. Any Magistrate. assembly. 1 year, or fine, or both. 301 Trespassing on burial Imprisonment for Cognizable. Bailable. Any Magistrate. places, etc. 1 year, or fine, or both. 302 Uttering words, etc., with Imprisonment for Non- Bailable. Any Magistrate. deliberate intent to wound 1 year, or fine, or cognizable. religious feelings. both. 303(2) Theft. Rigorous Cognizable. Non-bailable. Any Magistrate. imprisonment for not be less than 1 year but which may extend to 5 years, and fine. Where value of property Upon return of the Non- Bailable. Any Magistrate. is less than 5,000 rupees. value of property or cognizable. restoration of the stolen property, shall be punished with community service. 304(2) Snatching. Imprisonment for Cognizable. Non-bailable. Any Magistrate. 3 years and fine. 305 Theft in a dwelling house, Imprisonment for Cognizable. Non-bailable. Any Magistrate. or means of transportation 7 years and fine. or place of worship, etc. 306 Theft by clerk or servant Imprisonment for Cognizable. Non-bailable. Any Magistrate. of property in possession 7 years and fine. of master or employer. 308(2) Extortion. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years, or fine, or first class. both. 308(3) Putting or attempting to Imprisonment for Cognizable. Bailable. Any Magistrate. put in fear of injury, in 2 years, or fine, or order to commit extortion. both. 308(4) Putting or attempting to Imprisonment for Cognizable. Non-bailable. Magistrate of the put a person in fear of 7 years and fine. first class. death or grievous hurt in order to commit extortion. 308(5) Extortion by putting a Imprisonment for Cognizable. Non-bailable. Magistrate of the person in fear of death or 10 years and fine. first class. grievous hurt. 207 ----- 1 2 3 4 5 6 308(6) Putting a person in fear of Imprisonment for Cognizable. Bailable. Magistrate of the accusation of an offence 10 years and fine. first class. punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion. 308(7) Extortion by threat of Imprisonment for Cognizable. Bailable. Magistrate of the accusation of an offence 10 years and fine. first class. punishable with death, imprisonment for life, or imprisonment for 10 years. 309(4) Robbery. Rigorous Cognizable. Non-bailable. Magistrate of the imprisonment for first class. 10 years and fine. If robbery committed on Rigorous Cognizable. Non-bailable. Magistrate of the highway between sunset imprisonment for first class. and sunrise. 14 years. 309(5) Attempt to commit Rigorous Cognizable. Non-bailable. Magistrate of the robbery. imprisonment for first class. 7 years and fine. 309(6) Causing hurt. Imprisonment for life, Cognizable. Non-bailable. Magistrate of the or rigorous first class. imprisonment for 10 years and fine. 310(2) Dacoity. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or rigorous imprisonment for 10 years and fine. 310(3) Murder in dacoity. Death, imprisonment Cognizable. Non-bailable. Court of Session. for life, or rigorous imprisonment for not less than 10 years and fine. 310(4) Making preparation to Rigorous Cognizable. Non-bailable. Court of Session. commit dacoity. imprisonment for 10 years and fine. 310(5) Being one of five or Rigorous Cognizable. Non-bailable. Court of Session. more persons assembled imprisonment for for the purpose of 7 years and fine. committing dacoity. 208 ----- 1 2 3 4 5 6 310(6) Belonging to a gang of Imprisonment for life, Cognizable. Non-bailable. Court of Session. persons associated for the or rigorous purpose of habitually imprisonment for committing dacoity. 10 years and fine. 311 Robbery or dacoity, with Imprisonment for not Cognizable. Non-bailable. Court of Session. attempt to cause death or less than 7 years. grievous hurt. 312 Attempt to commit Imprisonment for not Cognizable. Non-bailable. Court of Session. robbery or dacoity when less than 7 years. armed with deadly weapon. 313 Belonging to a wandering Rigorous Cognizable. Non-bailable. Magistrate of the gang of persons imprisonment for first class. associated for the purpose 7 years and fine. of habitually committing thefts. 314 Dishonest Imprisonment of not Non- Bailable. Any Magistrate. misappropriation of less than 6 months but cognizable. movable property, or which may extend converting it to one's own to 2 years and fine. use. 315 Dishonest Imprisonment for Non- Bailable. Magistrate of the misappropriation of 3 years and fine. cognizable. first class. property possessed by deceased person at the time of his death. If by clerk or person Imprisonment for Non- Bailable. Magistrate of the employed by deceased. 7 years. cognizable. first class. 316(2) Criminal breach of trust. Imprisonment for Cognizable. Non-bailable. Magistrate of the 5 years, or fine, or first class. both. 316(3) Criminal breach of trust Imprisonment for Cognizable. Non-bailable. Magistrate of the by a carrier, wharfinger, 7 years and fine. first class. etc. 316(4) Criminal breach of trust Imprisonment for Cognizable. Non-bailable. Magistrate of the by a clerk or servant. 7 years and fine. first class. 316(5) Criminal breach of trust Imprisonment for life, Cognizable. Non-bailable. Magistrate of the by public servant or by or imprisonment for first class. banker, merchant or 10 years and fine. agent, etc. 317(2) Dishonestly receiving Imprisonment for Cognizable. Non-bailable. Any Magistrate. stolen property 3 years, or fine, or knowing it to be stolen. both. 209 ----- 1 2 3 4 5 6 317(3) Dishonestly receiving stolen property, knowing that it was obtained by dacoity. 317(4) Habitually dealing in stolen property. 317(5) Assisting in concealment Imprisonment for life, Cognizable. Non-bailable. Court of Session. or rigorous imprisonment for 10 years and fine. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. ) Assisting in concealment Imprisonment for Cognizable. Non-bailable. Any Magistrate. or disposal of stolen 3 years, or fine, or property, knowing it to be both. stolen. 318(2) Cheating. Imprisonment for Non3 years, or fine, or cognizable. both. 318(3) Cheating a person whose Imprisonment for Non interest the offender was 5 years, or fine, or cognizable. bound, either by law or by both. legal contract, to protect. Bailable. Any Magistrate. Bailable. Any Magistrate. 318(4) Cheating and dishonestly inducing delivery of property. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years and fine. first class. 319(2) Cheating by personation. Imprisonment for Cognizable Bailable. Any Magistrate. 5 years, or with fine, or with both. 320 Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. Imprisonment of not Nonbe less than 6 months cognizable. but which may extend to 2 years, or fine, or both. 321 Dishonest or fraudulently Imprisonment for Nonpreventing from being 2 years, or fine, or cognizable. made available for his both. creditors a debt or demand due to the offender. 322 Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration. Imprisonment for Non3 years, or fine, or cognizable. both. 210 Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. ----- 1 2 3 4 5 6 323 Fraudulent removal or Imprisonment for Non- Bailable. Any Magistrate. concealment of property, 3 years, or fine, or cognizable. of himself or any other both. person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled. 324(2) Mischief. Imprisonment for Non- Bailable. Any Magistrate. 6 months, or fine, or cognizable. both. 324(3) Mischief causing loss or Imprisonment for Non- Bailable. Any Magistrate. damage to any property 1 year, or fine, or cognizable. including property of both. Government or Local Authority. 324(4) Mischief causing loss or Imprisonment for Non- Bailable. Any Magistrate. damage to the amount of 2 years, or fine, or cognizable. twenty thousand rupees both. but less than 2 lakh rupees. 324(5) Mischief causing loss or Imprisonment for Cognizable. Bailable. Magistrate of the damage to the amount of 5 years, or fine, or first class. one lakh rupees or both. upwards. 324(6) Mischief with preparation Imprisonment for Cognizable. Bailable. Magistrate of the for causing to any person 5 years, and fine. first class. death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint. 325 Mischief by killing or Imprisonment for Cognizable. Bailable. Magistrate of the maiming animal. 5 years, or fine, or first class. both. 326(a) Mischief by causing Imprisonment for Cognizable. Bailable. Magistrate of the diminution of supply of 5 years, or fine, or first class. water for agricultural both. purposes, etc. 326(b) Mischief by injury to Imprisonment for Cognizable. Bailable. Magistrate of the public road, bridge, 5 years, or fine, or first class. navigable river, or both. navigable channel, and rendering it impassable or less safe for travelling or conveying property. 326(c) Mischief by causing Imprisonment for Cognizable. Bailable. Magistrate of the inundation or obstruction 5 years, or with fine, first class. to public drainage or with both. attended with damage. 211 ----- 1 2 3 4 5 6 326(d) Mischief by destroying or Imprisonment for 7 Cognizable. Bailable. Magistrate of the moving or rendering less years, or fine, or both. first class. useful a lighthouse or seamark, or by exhibiting false lights. 326(e) Mischief by destroying or Imprisonment for Non- Bailable. Any Magistrate. moving, etc., a landmark 1 year, or fine, or cognizable. fixed by public authority. both. 326(f) Mischief by fire or Imprisonment for Cognizable. Bailable. Magistrate of the explosive substance with 7 years and fine. first class. intent to cause damage. 326(g) Mischief by fire or Imprisonment for life, Cognizable. Non-bailable. Court of Session. explosive substance with or imprisonment for intent to destroy a house, 10 years and fine. etc. 327(1) Mischief with intent to Imprisonment for 10 Cognizable. Non-bailable. Court of Session. destroy or make unsafe a years and fine. decked vessel or a vessel of 20 tonnes burden. 327(2) The mischief described in Imprisonment for life, Cognizable. Non-bailable. Court of Session. the last section when or imprisonment for committed by fire or any 10 years and fine. explosive substance. 328 Running vessel with Imprisonment for Cognizable. Non-bailable. Court of Session. intent to commit theft, etc. 10 years and fine. 329(3) Criminal trespass. Imprisonment for Cognizable. Bailable. Any Magistrate. 3 months, or fine of 5,000 rupees, or both. 329(4) House-trespass. Imprisonment for Cognizable. Bailable. Any Magistrate. 1 year, or fine of 5,000 rupees, or both. 331(1) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Any Magistrate. house-breaking. 2 years and fine. 331(2) Lurking house-trespass Imprisonment for Cognizable. Non-bailable. Any Magistrate. or house-breaking by 3 years and fine. night. 331(3) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Any Magistrate. house-breaking in order 3 years and fine. to the commission of an offence punishable with imprisonment. If the offence be theft. Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the years. first class. 212 ----- 1 2 3 4 5 6 331(4) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Any Magistrate. house-breaking by night 5 years and fine. in order to the commission of an offence punishable with imprisonment. If the offence be theft. Imprisonment for Cognizable. Non-bailable. Magistrate of the 14 years. first class. 331(5) Lurking house-trespass Imprisonment for Cognizable. Non-bailable. Magistrate of the or house-breaking after 10 years and fine. first class. preparation made for causing hurt, assault, etc. 331(6) Lurking house-trespass Imprisonment for Cognizable. Non-bailable. Magistrate of the or house-breaking by 14 years and fine. first class. night, after preparation made for causing hurt, etc. 331(7) Grievous hurt caused Imprisonment for life, Cognizable. Non-bailable. Court of Session. whilst committing or imprisonment for lurking house-trespass 10 years and fine. or house-breaking. 331(8) Death or grievous hurt Imprisonment for life, Cognizable. Non-bailable. Court of Session. caused by one of several or imprisonment for persons jointly concerned 10 years and fine. in house-breaking by night, etc. 332(a) House-trespass in order Imprisonment for life, Cognizable. Non-bailable. Court of Session. to the commission of an or rigorous offence punishable with imprisonment for death. 10 years and fine. 332(b) House-trespass in order Imprisonment for Cognizable. Non-bailable. Court of Session. to the commission of an 10 years and fine. offence punishable with imprisonment for life. 332(c) House-trespass in order Imprisonment for Cognizable. Bailable. Any Magistrate. to the commission of an 2 years and fine. offence punishable with imprisonment. If the offence is theft. Imprisonment for Cognizable. Non-bailable. Any Magistrate. 7 years. 333 House-trespass, having Imprisonment for Cognizable. Non-bailable. Any Magistrate. made preparation for 7 years and fine. causing hurt, assault, etc. 334(1) Dishonestly breaking Imprisonment for Cognizable. Non-bailable. Any Magistrate. open or unfastening any 2 years, or fine, or closed receptacle both. containing or supposed to contain property. 213 ----- 1 2 3 4 5 6 334(2) Being entrusted with any Imprisonment for Cognizable. Bailable. Any Magistrate. closed receptacle 3 years, or fine, or containing or supposed to both. contain any property, and fraudulently opening the same. 336(2) Forgery. Imprisonment for Non- Bailable. Magistrate of the 2 years, or fine, or cognizable. first class. both. 336(3) Forgery for the purpose of Imprisonment for Cognizable. Non-bailable. Magistrate of the cheating. 7 years and fine. first class. 336(4) Forgery for the purpose of Imprisonment for Cognizable. Bailable. Magistrate of the harming the reputation of 3 years and fine. first class. any person or knowing that it is likely to be used for that purpose. 337 Forgery of a record of a Imprisonment for Non- Non-bailable. Magistrate of the Court or of a Registrar of 7 years and fine cognizable. first class. Births, etc., kept by a public servant. 338 Forgery of a valuable Imprisonment for life, Non- Non-bailable. Magistrate of the security, will, or authority or imprisonment for cognizable. first class. to make or transfer any 10 years and fine. valuable security, or to receive any money, etc. When the valuable Imprisonment for life, Cognizable. Non-bailable. Magistrate of the security is a promissory or imprisonment for first class. note of the Central 10 years and fine. Government. 339 Having possession of a Imprisonment for Cognizable. Bailable. Magistrate of the document, knowing it to 7 years and fine. first class. be forged, with intent to use it as genuine; if the document is one of the description mentioned in section 337. If the document is one Imprisonment for Non- Bailable. Magistrate of the of the description life, or imprisonment cognizable. first class. mentioned in section 338. for 7 years and fine. 340(2) Using as genuine a forged Punishment for Cognizable. Bailable. Magistrate of the document which is known forgery of such first class. to be forged. document. 214 ----- 1 2 3 4 5 6 341(1) Making or counterfeiting Imprisonment for life, Cognizable. Bailable. Magistrate of the a seal, plate, etc., with or imprisonment for first class. intent to commit a forgery 7 years and fine. punishable under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. 341(2) Making or counterfeiting Imprisonment for Cognizable. Bailable. Magistrate of the a seal, plate, etc., with 7 years and fine. first class. intent to commit a forgery punishable otherwise than under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. 341(3) Possesses any seal, plate Imprisonment for Cognizable. Bailable. Magistrate of the or other instrument 3 years and fine. first class. knowing the same to be counterfeit. 341(4) Fraudulently or Same as if he had Cognizable. Bailable. Magistrate of the dishonestly uses as made or counterfeited first class. genuine any seal, plate or such seal, plate or other instrument knowing other instrument. or having reason to believe the same to be counterfeit. 342(1) Counterfeiting a device or Imprisonment for life, Non- Bailable. Magistrate of the mark used for or imprisonment for cognizable. first class. authenticating documents 7 years and fine. described in section 338 or possessing counterfeit marked material. 342(2) Counterfeiting a device or Imprisonment for Non- Non-bailable. Magistrate of the mark used for 7 years and fine. cognizable. first class. authenticating documents other than those described in section 338 or possessing counterfeit marked material. 343 Fraudulently destroying or Imprisonment for life, Non- Non-bailable. Magistrate of the defacing, or attempting to or imprisonment for cognizable. first class. destroy or deface, or 7 years and fine. secreting, a will, etc. 344 Falsification of accounts. Imprisonment for Non- Bailable. Magistrate of the 7 years, or fine, or cognizable. first class. both. 215 ----- 1 2 3 4 5 6 345(3) Using a false property Imprisonment for Non mark with intent to 1 year, or fine, or cognizable. deceive or injure any both. person. 346 Removing, destroying or Imprisonment for Nondefacing property mark 1 year, or fine, or cognizable. with intent to cause both. injury. 347(1) Counterfeiting a property Imprisonment for Non mark used by another, 2 years, or fine, or cognizable. with intent to cause both. damage or injury. 347(2) Counterfeiting a property Imprisonment for Non mark used by a public 3 years and fine. cognizable. servant, or any mark used by him to denote the manufacture, quality, etc., of any property. 348 Fraudulently making or Imprisonment for Nonhaving possession of any 3 years, or fine, or cognizable. die, plate or other both. instrument for counterfeiting any public or private property mark. 349 Knowingly selling goods Imprisonment for Nonmarked with a counterfeit 1 year, or fine, or cognizable. property mark. both. 350(1) Fraudulently making a Imprisonment for Non false mark upon any 3 years, or fine, or cognizable. package or receptacle both. containing goods, with intent to cause it to be believed that it contains goods, which it does not contain, etc. 350(2) Making use of any such Imprisonment for Non false mark. 3 years, or fine, or cognizable. both. 351(2) Criminal intimidation. Imprisonment for Non2 years, or fine, or cognizable both. 351(3) If threat be to cause death Imprisonment for Non or grievous hurt, etc. 7 years, or fine, or cognizable both. 351(4) Criminal intimidation by Imprisonment for Non anonymous 2 years, in addition to cognizable. communication or having the punishment under taken precaution to section 351(1). conceal whence the threat comes. 216 Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Magistrate of the first class. Bailable. Magistrate of the first class. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable. Any Magistrate. Bailable Any Magistrate. Bailable Magistrate of the first class. Bailable. Magistrate of the first class. ----- 1 2 3 4 5 6 352 Insult intended to provoke Imprisonment for Non- Bailable. Any Magistrate. breach of the peace. 2 years, or fine, or cognizable. both. 353(1) False statement, rumour, Imprisonment for Non- Non-bailable. Any Magistrate. etc., circulated with intent 3 years, or fine, or cognizable. to cause mutiny or offence both. against the public peace. 353(2) False statement, rumour, Imprisonment for Cognizable. Non-bailable. Any Magistrate. etc., with intent to create 3 years, or fine, or enmity, hatred or ill-will both. between different classes. 353(3) False statement, rumour, Imprisonment for Cognizable. Non-bailable. Any Magistrate. etc., made in place of 5 years and fine. worship, etc., with intent to create enmity, hatred or ill-will. 354 Act caused by inducing a Imprisonment for Non- Bailable. Any Magistrate. person to believe that he 1 year, or fine, or cognizable. will be rendered an object both. of Divine displeasure. 355 Appearing in a public Simple imprisonment Non- Bailable. Any Magistrate. place, etc., in a state of for 24 hours, or fine cognizable. intoxication, and causing of 1,000 rupees, or annoyance to any person. both or with community service. 356(2) Defamation against the Simple imprisonment Non- Bailable. Court of Session. President or the Vice- for 2 years, or fine or cognizable. President or the Governor both, or community of a State or service. Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Defamation in any other Simple imprisonment Non- Bailable. Magistrate of the case. for 2 years, or fine or cognizable. first class. both or community service. 217 ----- 1 2 3 4 5 6 356(3) Printing or engraving Simple imprisonment Non matter knowing it to be for 2 years, or fine, or cognizable. defamatory against the both. President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Printing or engraving Simple imprisonment Nonmatter knowing it to be for 2 years, or fine, or cognizable. defamatory, in any other both. case. 356(4) Sale of printed or Simple imprisonment Non engraved substance for 2 years, or fine, or cognizable. containing defamatory both. matter, knowing it to contain such matter against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Sale of printed or Simple imprisonment Nonengraved substance for 2 years, or fine, or cognizable. containing defamatory both. matter, knowing it to contain such matter in any other case. 357 Being bound to attend on Imprisonment for Nonor supply the wants of a 3 months, or fine of cognizable. person who is helpless 5,000 rupees, or both. from youth, unsoundness of mind or disease, and voluntarily omitting to do so. 218 Bailable. Court of Session. Bailable. Magistrate of the first class. Bailable. Court of Session. Bailable. Magistrate of the first class. Bailable. Any Magistrate. ----- **II.--CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS** Offence Cognizable or non-cognizable. Bailable or nonbailable. By what court triable. 1 2 3 4 If punishable with death, imprisonment for life, or imprisonment for more than 7 years. Cognizable. Non-bailable. Court of Session. If punishable with imprisonment for Cognizable. Non-bailable. Magistrate of the first class. 3 years and upwards but not more than 7 years. If punishable with imprisonment for less than 3 years or with fine only. Non-cognizable. Bailable. Any Magistrate.] 219 ----- THE SECOND SCHEDULE (See section 522) FORM No.1 NOTICE FOR APPEARANCE BY THE POLICE [See section 35(3)] Serial No……. Police Station……… To, ................................. [Name of the Accused/Noticee] ................................. [Last known Address] ................................. [Phone No./ Email ID (if any)] In pursuance of sub-section (3) of section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, I hereby inform you that during the investigation of FIR/Case No …………………..dated…………… u/s ………………………………… registered at Police Station ……………………………………………..., it is revealed that there are reasonable grounds to question you to ascertain facts and circumstances from you, in relation to the present investigation. Hence you are directed to appear before me at ………..........…… AM/PM on……………………... at Police Station. Name and Designation of the Officer In charge (Seal) ______ 220 ----- FORM No. 2 SUMMONS TO AN ACCUSED PERSON (See section 63) To..............................................(name of accused) of ..............................................(address) WHEREAS your attendance is necessary to answer to a charge of.......................................... .............................................(state shortly the offence charged), you are hereby required to appear in person (or by an advocate, before the (Magistrate) of.............................................., on the..............................................day............................................... Herein fail not. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 221 ----- FORM No. 3 WARRANT OF ARREST (See section 72) To .............................................. (name and designation of the person or persons who is or are to execute _the warrant)._ WHEREAS (name _of_ _accused)_ of (address) stands charged with the offence of ...................................................... (state the offence), you are hereby directed to arrest the said ......................................................, and to produce him before me. Herein fail not. Dated, this.............................................. day of.............................................., 20 ............... . (Seal of the Court) (Signature) (See section 73) This warrant may be endorsed as follows:— If the said.............................................................. shall give bail himself in the sum of rupees.............................................. with one surety in the sum of rupees.............................................. (or two sureties each in the sum of rupees..............................................) to attend before me on the.............................................. day of.............................................. and to continue so to attend until otherwise directed by me, he may be released. Dated, this.............................................. day of.............................................., 20 ............... . (Seal of the Court) (Signature) ———— 222 ----- FORM No. 4 BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT (See section 83) I, ............................................................(name), of..........................................................., being brought before the District Magistrate of...........................................................(or as the case may be) under a warrant issued to compel my appearance to answer to the charge of..........................................................., do hereby bind myself to attend in the Court of.................................................................on the..................................day of ...........................................................next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court; and, in case of my making default herein, I bind myself to forfeit, to Government, the sum of rupees................................................. . Dated, this.............................................. day of.............................................., 20 ............... . (Signature) I do hereby declare myself surety for the above-named.............................................. of.......................................................... that he shall attend before in the Court of on the.............................................. day of.............................................. next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to Government, the sum of rupees............................................................. . Dated, this.............................................. day of.............................................., 20 ............. . (Signature) ———— 223 ----- FORM No. 5 PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED (See section 84) WHEREAS a complaint has been made before me that................................................... (name, _description and address) has committed (or_ is suspected to have committed) the offence of .............................................., punishable under section.............................................. of the Bharatiya Nyaya Sanhita, 2023, and it has been returned to a warrant of arrest thereupon issued that the said.............................................. (name) cannot be found, and whereas it has been shown to my satisfaction that the said.............................................. (name) has absconded (or is concealing himself to avoid the service of the said warranty); Proclamation is hereby made that the said.............................................. of.............................................. is required to appear at.............................................. (place) before this Court (or before me) to answer the said complaint on the.............................................. day of.............................................. Dated, this.............................................. day of.............................................., 20 ............... . (Seal of the Court) (Signature) ———— 224 ----- FORM No. 6 PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS (See sections 84, 90 and 93) WHEREAS complaint has been made before me that..............................................(name, description and _address)_ has committed (or is suspected to have committed) the offence of ..............................................(mention the offence concisely) and a warrant has been issued to compel the attendance of..............................................(name, description and address of the witness) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said..............................................(name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); Proclamation is hereby made that the said..............................................(name) is required to appear at..............................................(place) before the Court..............................................on the........................................day of.........................................next at..............................................o'clock to be examined touching..............................................the offence complained of. Dated, this.............................................. day of.............................................., 20 ............... . (Seal of the Court) (Signature) ———— 225 ----- FORM No. 7 ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS (See section 85) To the officer in charge of the police station at.............................................. WHEREAS a warrant has been duly issued to compel the attendance of.........................................................(name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); and thereupon a Proclamation has been or is being duly issued and published requiring the said..............................................to appear and give evidence at the time and place mentioned therein; This is to authorise and require you to attach by seizure the movable property belonging to the said..............................................to the value of rupees..............................................which you may find within the District..............................................of..............................................and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............... . (Seal of the Court) (Signature) ———— 226 ----- FORM No. 8 ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED (See section 85) To .............................................. (name and designation of the person or persons who is or are to execute _the warrant)._ Whereas complaint has been made before me that .............................................. (name, description and _address) has committed (or is suspected to have committed) the offence of .............................................._ punishable under section .............................................. of the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said .............................................. (name) cannot be found; and whereas it has been shown to my satisfaction that the said .............................................. (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said .............................................. to appear to answer the said charge within .............................................. days; and whereas the said .............................................. is possessed of the following property, other than land paying revenue to Government, in the village (or town), of .............................................., in the District of .............................................., _viz., .............................................., and an order has been made for the_ attachment thereof; You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both[*], of sub-section (3) of section 85, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) - Strike out the one which is not applicable, depending on the nature of the property to be attached. 227 ----- FORM No. 9 ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR (See section 85) To the District Magistrate/Collector of the District of .............................................. WHEREAS complaint has been made before me that .............................................. (name, description _and_ _address)_ has committed (or _is_ _suspected_ _to_ _have_ _committed)_ the offence of .............................................., punishable under section .............................................. of the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said .............................................. (name) cannot be found; and whereas it has been shown to my satisfaction that the said .............................................. (name) has absconded (or is concealing himself to avoid the _service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published_ requiring the said ....................................... (name) to appear to answer the said charge within ......................................... days; and whereas the said .............................................. is possessed of certain land paying revenue to Government in the village (or town) of .............................................., in the District of ..............................................; You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause (a), or clause (c), or both[*], of sub-section (4) of section 85, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order. Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) - Strike out the one which is not desired. 228 ----- FORM No. 10 WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS (See section 90) To .............................................. (name and designation of the police officer or other person or persons _who is or are to execute the warrant)._ WHEREAS complaint has been made before me that .............................................. (name and description of accused) of .............................................. (address) has (or is suspected to have) committed the offence of .............................................. (mention the offence concisely), and it appears likely that .............................................. (name and description of witness) can give evidence concerning the said complaint, and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so; This is to authorise and require you to arrest the said .............................................. (name of witness), and on the .............................................. day of .............................................. to bring him before this Court .............................................., to be examined touching the offence complained of. Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) ______ 229 ----- FORM No. 11 WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE (See section 96) To .............................................. (name and designation of the police officer or other person or persons _who is or are to execute the warrant)._ WHEREAS information has been laid .............................................. (or complaint has been made) before me of the commission .............................................. (or suspected commission) of the offence of .............................................. (mention the offence concisely), and it has been made to appear to me that the production of .............................................. (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence); This is to authorise and require you to search for the said .............................................. (the thing _specified) in the .............................................. (describe the house or place or part thereof to which the_ _search is to be confined), and, if found, to produce the same forthwith before this Court, returning this_ warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) ______ 230 ----- FORM No. 12 WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT (See section 97) To .............................................. (name and designation of the police officer above the rank of a constable). WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to believe that the .............................................. (describe the house or other place) is used as a place for the deposit (or sale) of stolen property (or if for either of the other purposes expressed in the section, state the purpose in the words of the section); This is to authorise and require you to enter the said house (or other place) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case _may be) (add, when the case requires it) and also of any instruments and materials which you may_ reasonably believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false seals, or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this .............................................. day of .............................................., 20 ............ . (Seal of the Court) (Signature) ______ 231 ----- FORM No. 13 BOND TO KEEP THE PEACE (See sections 125 and 126) WHEREAS I,.............................................................. (name), inhabitant of .............................................. (place), have been called upon to enter into a bond to keep the peace for the term of ............................................. or until the completion of the inquiry in the matter of .............................................. now pending in the Court of .............................................., I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein, I hereby bind myself to forfeit, to Government, the sum of rupees .............................................. Dated, this .............................................. day of .............................................., 20 ............ . (Signature) ______ 232 ----- FORM No. 14 BOND FOR GOOD BEHAVIOUR (See sections 127, 128 and 129) Whereas I, ............................................................... (name), inhabitant of .............................................. (place), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of .............................................. (state the period) or until the completion of the inquiry in the matter of .............................................. now pending in the Court of .............................................., I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees ................... Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) (Where a bond with sureties is to be executed, add) We do hereby declare ourselves sureties for the above-named ........................................ that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees ................................. Dated, this .............................................. day of .............................................., 20 ............ . (Seal of the Court) (Signature) ______ 233 ----- FORM No. 15 SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE (See section 132) To .............................................. of .............................................. WHEREAS it has been made to appear to me by credible information that ................................ (state the _substance of the information), and that you are likely to commit a breach of the peace (or by which act a_ _breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly_ _authorised agent) at the office of the Magistrate of .............................................. on the_ .............................................. day of .............................................. 20 ..........., at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees .............................................. [when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) _surety (or sureties) in the sum of rupees .............................................. (each if more than one)], that you_ will keep the peace for the term of .............................................. Dated, this .............................................. day of .............................................., 20 ........... . (Seal of the Court) (Signature) ______ 234 ----- FORM No. 16 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE (See section 141) To the Officer in charge of the Jail at .............................................. WHEREAS .............................................. (name and address) appeared before me in person (or by his _authorised agent) on the .............................................. day of .............................................. in obedience to_ a summons calling upon him to show cause why he should not enter into a bond for rupees .............................................. with one surety (or a bond with two sureties each in rupees ..............................................), that he, the said .............................................. (name) would keep the peace for the period of months; and whereas an order was then made requiring the said .............................................. (name) to enter into and find such security ......................................... (state _the security ordered when it differs from that mentioned in the summons), and he has failed to comply with_ the said order; This is to authorise and require you to receive the said .............................................. (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of .............................................. (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this .............................................. day of .............................................., 20 ........... . (Seal of the Court) (Signature) ______ 235 ----- FORM No. 17 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR (See section 141) To the Officer in charge of the Jail at.............................................. WHEREAS it has been made to appear to me that .............................................. (name and description) has been concealing his presence within the district of .............................................. and that there is reason to believe that he is doing so with a view to committing a cognizable offence; _or_ WHEREAS evidence of the general character of..............................................(name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, _etc., as the case may be);_ AND WHEREAS an order has been recorded stating the same and requiring the said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees.............................................. and the said surety (or each of the said sureties) rupees ..............................................and the said..............................................(name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished; This is to authorise and require you receive the said..............................................( _name) into your_ custody, together with this warrant and him safely to keep in the Jail, or if he is already in prison, be detained therein, for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ........... . (Seal of the Court) (Signature) ———— 236 ----- FORM No. 18 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See sections 141 and 142) To the Officer in charge of the Jail at..............................................(or other officer in whose custody the _person is)._ WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of the Court, dated the.............................................. day of ..............................................20..............................................; and has since duly given security under section .............................................. of the Bharatiya Nagarik Suraksha Sanhita, 2023. _or_ WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of the Court, dated the......................................................... day of ..............................................20.................; and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community; This is to authorise and require you forthwith to discharge the said .............................................. (name) from your custody unless he is liable to be detained for some other cause. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 237 ----- FORM No. 19 WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE (See section 144) To the Officer in charge of the Jail at.............................................. WHEREAS..............................................(name, description and address) has been proved before me to be possessed of sufficient means to maintain his wife ..............................................(name) [or his child..............................................(name) or his father or mother..............................................(name), who is by reason of (state the reason) unable to maintain herself (or himself)] and to have neglected (or refused) to do so, and an order has been duly made requiring the said......................................................( name) to allow to his said ..............................................wife (or child _or_ father _or_ mother) for maintenance the monthly sum of rupees..............................................; and whereas it has been further proved that the said..............................................(name) in wilful disregard of the said order has failed to pay rupees.............................................., being the amount of the allowance for the month (or months) of..............................................; And thereupon an order was made adjudging him to undergo imprisonment in the said Jail for the period of..............................................; This is to authorise and require you receive the said..............................................(name) into your custody in the said Jail, together with this warrant, and there carry the said order into execution according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 238 ----- FORM No. 20 WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE (See section 144) To............................................................................................................................................. .......... (name and designation of the police officer or other person to execute the warrant). WHEREAS an order has been duly made requiring..............................................(name) to allow to his said wife (or child _or_ father _or_ mother) for maintenance the monthly sum of rupees.............................................., and whereas the said..............................................(name) in wilful disregard of the said order has failed to pay rupees.............................................., being the amount of the allowance for the month (or months) of.............................................. This is to authorise and require you to attach any movable property belonging to the said..............................................(name) which may be found within the district of.............................................., and if within..............................................(state the number of days or _hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable_ property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 239 ----- FORM No. 21 ORDER FOR THE REMOVAL OF NUISANCES (See section 152) To..............................................(name, description and address). WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place) ........................................................... by, etc., ..............................................(state what it is that causes the _obstruction or nuisance), and that such obstruction (or nuisance) still exists;_ _or_ WHEREAS it has been made to appear to me that you are carrying on, as owner, or manager, the trade or occupation of ..............................................(state the particular trade or occupation and the place where _it is carried on), and that the same is injurious to the public health (or_ comfort) by reason..............................................(state briefly in what manner the injurious effects are caused), and should be suppressed or removed to different place; _or_ WHEREAS it has been made to appear to me that you are the owner (or are in possession of or have the control over) a certain tank (or well _or_ excavation) adjacent to the public way ..............................................(describe the thoroughfare), and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a fence (or insecurely fenced); _or_ WHEREAS, etc., etc., (as the case may be); I do hereby direct and require you within..............................................(state the time allowed) (state _what is required to be done to abate the nuisance) ............................................. or to appear_ at..............................................in the ............................................. Court of..............................................on the ..............................................day of..............................................next, and to show cause why this order should not be enforced; _or_ I do hereby direct and require you within..............................................(state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.; _or_ I do hereby direct and require you within..............................................(state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced); or to appear, etc.; _or_ I do hereby direct and require you, etc., etc. (as the case may be). Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 240 ----- FORM No. 22 MAGISTRATE'S NOTICE AND PEREMPTORY ORDER (See section 160) To..............................................(name, description and address). I HEREBY give you notice that it has been found that the order issued on the ...............................................................day of..................................................................................requiring you ..............................................(state substantially the requisition in the order) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obey the said order within (state _the time allowed), on peril of the penalty provided by the Bharatiya Nyaya Sanhita, 2023 for disobedience_ thereto. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 241 ----- FORM No. 23 INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY (See section 161) To..............................................(name, description and address). WHEREAS the inquiry into the conditional order issued by me on the..............................................day of .............................................., 20.............................................., is pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render necessary immediate measures to prevent such danger or injury, I do hereby, under the provisions of section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023, direct and enjoin you forthwith to .............................................. (state plainly what is required to be done as a _temporary safeguard), pending the result of the inquiry._ Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 242 ----- FORM No. 24 MAGISTRATE’S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE (See section 162) To..............................................(name, description and address). WHEREAS it has been made to appear to me that, etc. ..............................................(state the proper _recital, guided by Form No. 21 or Form No. 25, as the case may be);_ I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 243 ----- FORM No. 25 MAGISTRATE’S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC. (See section 163) To..............................................(name, description and address). WHEREAS it has been made to appear to me that you are in possession (or have the management) of ..............................................(describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug-up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road; _or_ WHEREAS it has been made to appear to me that you and a number of other persons (mention the class _of persons) are about to meet and proceed in a procession along the public street, etc., (as the case may be)_ and that such procession is likely to lead to a riot or an affray; _or_ WHEREAS, etc., etc., (as the case may be); I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road; _or_ I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require). Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 244 ----- FORM No. 26 MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE (See section 164) It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between..............................................(describe the parties by name and residence or residence only _if the dispute be between bodies of villagers) concerning certain..............................................(state_ _concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon_ to give in a written statement of their respective claims as to the fact of actual possession of the said..............................................(the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said..............................................(name or names or description) is true; I do decide and declare that he is (or they are) in possession of the said..............................................(the _subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly_ forbid any disturbance of his (or their) possession in the meantime. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 245 ----- FORM No. 27 WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC. (See section 165) To the officer in charge of the police station at.............................................. (or, To the Collector of..............................................). WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace, existed between..............................................(describe the parties concerned by name and residence, or residence _only if the dispute be between bodies of villagers) concerning certain..............................................(state_ _concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were_ thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said ..............................................(the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said..............................................(the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid); This is to authorise and require you to attach the said..............................................(the subject of _dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree_ or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 246 ----- FORM No. 28 MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER (See section 166) A dispute having arisen concerning the right of use of..............................................(state concisely the _subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed_ exclusively by..............................................(describe the person or persons), and it appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout _the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if_ _the use is enjoyable only at a particular season, say, "during the last of the seasons at which the same is_ capable of being enjoyed"); I do order that the said..............................................(the claimant or claimants of possession) or any one in their interest, shall not take (or retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled to exclusive possession. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 247 ----- FORM No. 29 BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER (See section 189) I,..............................................(name), of.............................................., being charged with the offence of.............................................., and after inquiry required to appear before the Magistrate of.............................................. _or_ and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at.............................................., in the Court of........................................., on the..............................................day of..............................................next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein. I bind myself to forfeit to Government, the sum of rupees..............................................; Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or _sureties)_ for the above said .............................................. (name) that he shall attend at..............................................in the Court of......................................., on the.....................................day of..............................................next (or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees..................... Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 248 ----- FORM No. 30 BOND TO PROSECUTE OR GIVE EVIDENCE (See section 190) I,..............................................(name) of ............................................. (place), do hereby bind myself to attend at.....................................................................in the Court of............................................................. at.............................................................o'clock on the..............................................................................day of..............................................next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of..............................................against one A. B., and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees.................. Dated, this.............................................. day of.............................................., 20 ............ . (Signature) ———— 249 ----- FORM No. 31 SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE (See section 229) To, ....................................................................................................... (Name of the accused) of..............................................(address) WHEREAS your attendance is necessary to answer a charge of a petty offence ..............................................(state shortly the offence charged), you are hereby required to appear in person (or by an advocate) before..............................................(Magistrate) of..............................................on the..............................................day of.............................................. 20.............................................., or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of ............................ rupees as fine, or if you desire to appear by an advocate and to plead guilty through such an advocate, to authorise such advocate in writing to make such a plea of guilty on your behalf and to pay the fine through such advocate. Herein fail not. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) (Note.—The amount of fine specified in this summons shall not exceed five thousand rupees.) ———— 250 ----- FORM No. 32 NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR (See section 232) The Magistrate of..............................................hereby gives notice that he has committed one..............................................for trial at the next Sessions; and the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of the said case. The charge against the accused is that,.............................................. etc. (state the offence as in the charge) Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 251 ----- FORM No. 33 CHARGES (See sections 234, 235 and 236) I. CHARGES WITH ONE-HEAD (1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge you..............................................(name of accused person) as follows:— (b) On section 147.—That you, on or about the...................................................................................day of.............................................., at.............................................., waged war against the Government of India and thereby committed an offence punishable under section 147 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court. (c) And I hereby direct that you be tried by this Court on the said charge. (Signature and seal of the Magistrate) [To be substituted for (b)]:— (2) On section 151.—That you, on or about the..............................................................................day of.............................................., at.............................................., with the intention of inducing the President of India [or, as the case may be, the Governor of ..............................................(name of State)] to refrain from exercising a lawful power as such President (or, as the case may be, the Government) assaulted President (or, as the case may be, the Governor), and thereby committed an offence punishable under section 151 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (3) On section 198.—That you, on or about the................................................................................day of.............................................., at.............................................., did (or omitted to do, as the case may be) ............................................., such conduct being contrary to the provisions of..............................................Act .............................................., section.............................................., and known by you to be prejudicial to.............................................., and thereby committed an offence punishable under section 198 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (4) On section 229.—That you, on or about the...............................................................................day of.............................................., at.............................................., in the course of the trial of ..............................................before.............................................., stated in evidence that “..............................................” which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (5) On section 105.—That you, on or about the..................................................................................day of.............................................., at.............................................., committed culpable homicide not amounting to murder, causing the death of.............................................., and thereby committed an offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (6) On section 108.—That you, on or about the..............................................................................day of......................................................, at......................................................., abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 108 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (7) On section 117(2).—That you, on or about the...........................................................................day of.............................................., at.............................................., voluntarily caused grievous hurt 252 ----- to..................................., and thereby committed an offence punishable under section 117(2) of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (8) On section 309(2).—That you, on or about the..........................................................................day of.............................................., at.............................................., robbed.............................................. (state the name), and thereby committed an offence punishable under section 309(2) of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (9) On section 310(2).—That you, on or about the............................................................................day of.............................................., at.............................................., committed dacoity, an offence punishable under section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court. II. CHARGES WITH TWO OR MORE HEADS (1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge you..............................................(name of accused person) as follows:— (b) On section 179.—First—That you, on or about the..............................................day of.............................................., at.............................................., knowing a coin to be counterfeit, delivered the same to another person, by name, A. B., as genuine, and thereby committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. _Secondly—That_ you, on or about the...............................................................day of.............................................., at.............................................., knowing a coin to be counterfeit attempted to induce another person, by name, _A.B.,_ to receive it as genuine, and thereby committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (c) And I hereby direct that you be tried by the said Court on the said charge. (Signature and seal of the Magistrate) [To be substituted for (b)]:— (2) On sections 103 and 105.—First—That you, on or about the..................................... day of.............................................., at.............................................., committed murder by causing the death of.............................................., and thereby committed an offence punishable under section 103 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. _Secondly—That you, on or about the......................................day of........................................,_ at.............................................., by causing the death of.............................................., committed culpable homicide not amounting to murder, and thereby committed an offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (3) On sections 303(2) and 307.—First—That you, on or about the..................................... day of................................, at......, committed theft, and thereby committed an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. _Secondly—That you, on or about the.............................................................................................day_ of.............................................., at.............................................., committed theft, having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. _Thirdly—That you, on or about the................................................................................................day_ of.............................................., at.............................................., committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, 253 ----- and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. _Fourthly—That_ you, on or about the.................................................................day of.............................................., at.............................................., committed theft, having made preparation for causing fear of hurt to a person in order to the restraining of property taken by such theft and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (4)Alternative charge on section 229.—That you, on or about the...................................... day of......................................., at......................................., in the course of the inquiry into.............................................., before.............................................., stated in evidence that ‘‘..............................................’’, and that you, on or about the..............................................day of .............................................., at.............................................., in the course of the trial of, ....................................... before, stated in the evidence that ‘‘..............................................’’, one of which statements you either knew or believed to be false, did not believe to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (In cases tried by Magistrates substitute ‘‘within my cognizance’’ for ‘‘within the cognizance of the Court of Session’’.) III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION I,..................................................(name and office of Magistrate, etc.) hereby charge you ..............................................(name of accused person) as follows:— That you, on or about the..............................................day of.............................................., at.............................................., committed theft, and thereby committed an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session (or Magistrate, as the case may be). And you, the said ................................................................(name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the...................................................... day of.............................................., had been convicted by the..................................................(state Court by _which conviction was had) at..............................................of an offence punishable under Chapter XVII of_ the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term of three years, that is to say, the offence of house-breaking by night..............................................(describe the offence in the words used in the _section under which the accused was convicted), which conviction is still in full force and effect, and that_ you are thereby liable to enhanced punishment under section 13 of the Bharatiya Nyaya Sanhita, 2023. And I hereby direct that you be tried, etc. ———— 254 ----- FORM No. 34 SUMMONS TO WITNESS (See sections 63 and 267) To..............................................of.............................................. WHEREAS complaint has been made before me that..............................................(name of the accused) of ..............................................(address) has (or is suspected to have) committed the offence of..............................................(state the offence concisely with time and place), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution. You are hereby summoned to appear before this Court on the.............................................day of..............................................next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 255 ----- FORM No. 35 WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A COURT (See sections 258, 271 and 278) To the Officer in charge of Jail at.............................................. WHEREAS on the.........................................................................day of ..............................................., ..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. ..............................................of the Calendar for 20 ................................., was convicted before me.................................................................................(name and official designation) of the offence of..............................................(mention the offence or offences concisely) under section (or sections) .............................................. of the Bharatiya Nyaya Sanhita, 2023 (or of..............................................Act ...........), and was sentenced to..............................................(state the punishment fully and distinctly). This is to authorise and require you to receive the said.............................................. (prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 256 ----- FORM No. 36 WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION (See section 273) To the Officer in charge of Jail at.............................................. WHEREAS.....................................................................................(name and description) has brought against..............................................(name and description of the accused person) the complaint that..............................................(mention it concisely) and the same has been dismissed on the ground that there was no reasonable ground for making the accusation against the said............................................. (name) and the order of dismissal awards payment by the said..............................................(name of _complainant) of the sum of rupees..............................................as compensation; and whereas the said sum_ has not been paid and an order has been made for his simple imprisonment in Jail for the period of..............................................days, unless the aforesaid sum be sooner paid; This is to authorise and require you to receive the said..............................................(name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of .......................................................................(term of imprisonment), subject to the provisions of section 8(6)(b) of the Bharatiya Nyaya Sanhita, 2023, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 257 ----- FORM No. 37 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE (See section 302) To the Officer in charge of Jail at.............................................. WHEREAS the attendance of..............................................(name _of_ _prisoner)_ at present confined/detained in the above-mentioned prison, is required in this Court to answer to a charge of..............................................(state shortly the offence charged) or for the purpose of a proceeding..............................................(state shortly the particulars of the proceeding). You are hereby required to produce the said..............................................under safe and sure conduct before this Court at..............................................................on the.............................................................day of.............................................., 20........., by..............................................A. M. there to answer to the said charge, or for the purpose of the said proceeding, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison. And you are further required to inform the said..............................................of the contents of this order and deliver to him the attached copy thereof. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) Countersigned. (Seal) (Signature) ———— 258 ----- FORM No. 38 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE (See section 302) To the Officer in charge of the Jail at............................................. WHEREAS complaint has been made before this Court that..............................................(name of the _accused) of has committed the offence of..............................................(state offence concisely with time and_ _place) and it appears that..............................................(name of prisoner) at present confined/detained in_ the above-mentioned prison, is likely to give material evidence for the prosecution/defence. You are hereby required to produce the said..............................................under safe and sure conduct before this Court at..................................................................on the.........................................................day of.............................................., 20............, by A. M. there to give evidence in the matter now pending before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison. And you are further required to inform the said..............................................of the contents of this order and deliver to him the attached copy thereof. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) Countersigned. (Seal) (Signature) ———— 259 ----- FORM No. 39 WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED (See section 384) To the Officer in charge of the Jail at.............................................. WHEREAS at a Court held before me on this day..............................................(name and description of _the offender) in the presence (or view) of the Court committed wilful contempt._ And whereas for such contempt the said..............................................(name of the offender) has been adjudged by the Court to pay a fine of rupees.............................................., or in default to suffer simple imprisonment for the period of..............................................(state the number of months or days). This is to authorise and require you to receive the said..............................................(name of the _offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said_ period of..............................................(term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 260 ----- FORM No. 40 MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT (See section 388) To.............................................. (name and designation of officer of Court) WHEREAS..............................................(name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for..............................................(term of detention adjudged); This is to authorise and require you to take the said..............................................(name) into custody, and him safely to keep in your custody for the period of..............................................days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 261 ----- FORM No. 41 WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH (See section 407) To the Officer in charge of the Jail at.............................................. WHEREAS at the session held before me on the...................................................................day of.............................................., 20..............................................,..............................................(name _of_ _prisoner), the (1st, 2nd, 3rd,_ _as the case may be), prisoner in case No. ................. of the Calendar for_ 20.............. at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section ..............................................of the Bharatiya Nyaya Sanhita, 2023, and sentenced to death, subject to the confirmation of the said sentence by the..............................................Court of........................................................................ This is to authorise and require you to receive the said.............................................. (prisoner's name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said .......................................................................Court. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 262 ----- FORM No. 42 WARRANT AFTER A COMMUTATION OF A SENTENCE (See sections 427, 453 and 456) To the Officer in charge of the Jail at.............................................. WHEREAS at a Session held on the...............................................................................................day of.............................................., 20.........., ..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No. ............ of the Calendar for 20.......... at the said Session, was convicted of the offence of..........................................................................., punishable under section............................................................of the Bharatiya Nyaya Sanhita, 2023, and was sentenced to..................... and thereupon committed to your custody; and whereas by the order of the ................................................................ Court of ............................................................. order of the .............................................(a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life; This is to authorise and require you safely to keep the said..............................................(prisoner’s _name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the_ proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life under the said order, _or_ _if the mitigated sentence is one of imprisonment, say, after the words “custody in the said Jail”, “and_ there to carry into execution the punishment of imprisonment under the said order according to law”. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 263 ----- FORM No. 43 WARRANT OF EXECUTION OF A SENTENCE OF DEATH (See sections 453 and 454) To the Officer in charge of the Jail at.............................................. WHEREAS..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. ............ of the Calendar for 20............ at the Session held before me on the..............................................day of .............................................., 20 ..............,has been by a warrant of the Court, dated the.................... day of .............................................., committed to your custody under sentence of death; .............................................. and whereas the order of the High Court at ..............................................confirming the said sentence has been received by this Court. This is to authorise and require you to carry the said sentence into execution by causing the said..............................................to be hanged by the neck until he be dead, at..............................................(time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 264 ----- FORM No. 44 WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE (See section 461) To.............................................. (name and designation of the police officer or other person or persons who is or are to execute the _warrant)._ WHEREAS..............................................(name _and_ _description_ _of_ _the_ _offender)_ was on the..............................................day of.............................................., 20........., convicted before me of the offence of..............................................(mention the offence concisely), and sentenced to pay a fine of rupees..............................................; and whereas the said..............................................(name), although required to pay the said fine, has not paid the same or any part thereof; This is to authorise and require you to attach any movable property belonging to the said ...................................................................................(name), which may be found within the district of..............................................; and, if within..............................................(state the number of days or _hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable_ property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............. . (Seal of the Court) (Signature) ———— 265 ----- FORM No. 45 WARRANT FOR RECOVERY OF FINE (See section 461) To the Collector of the district of.............................................. WHEREAS.............................................. _(name, address and description of the offender) was on_ the..............................................day of.............................................., 20.........., convicted before me of the offence of..............................................(mention the offence concisely), and sentenced to pay a fine of rupees..............................................; and WHEREAS the said..............................................(name), although require to pay the said fine, has not paid the same or any part of thereof; You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue from the movable or immovable property, or both, of the said..............................................(name) and to certify without delay what you have done in pursuance of this order. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— 266 ----- FORM No. 46 BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE [See section 464 (1) (b)] WHEREAS I,..............................................(name) inhabitant of..............................................(place), have been sentenced to pay a fine of rupees..............................................and in default of payment thereof to undergo imprisonment for..............................................; and whereas the Court has been pleased to order my release on condition of my executing a bond for my appearance on the following date (or dates), namely:— I hereby bind myself to appear before the Court of......................................................................... at.............................................. o'clock on the following date (or dates), namely:— and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees.............................................. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD— We do hereby declare ourselves sureties for the above-named that he will appear before the Court of ..............................................on the following date (or dates), namely:— And, in case of his making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees............................................... (Signature) ———— 267 ----- FORM No. 47 BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT [See sections 478, 479, 480, 481, 482(3) and 485] I,..............................................(name), of..............................................(place), having been arrested or detained without warrant by the Officer in charge of..............................................police station (or having been brought before the Court of..............................................), charged with the offence of.............................................., and required to give security for my attendance before such Officer of Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees............................. Dated, this.............................................. day of.............................................., 20 ............ . (Signature) I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said..............................................(name) that he shall attend the Officer in charge of..............................................police station or the Court of..............................................on every day on which any investigation into the charge is made or any trial on such charge is held, that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind ourselves) to forfeit to Government the sum of rupees............................... Dated, this.............................................. day of.............................................., 20 ............ . (Signature) 268 ----- ———— FORM No. 48 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See section 487) To the Officer in charge of the Jail at.............................................. (or other officer in whose custody the person is) WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of this Court, dated the..................................................................................day of.............................................., and has since with his surety (or sureties) duly executed a bond under section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023; This is to authorise and require you forthwith to discharge the said....................................... (name) from your custody, unless he is liable to be detained for some other matter. Dated, this.............................................. day of.............................................., 20 ............ . 269 ----- (Seal of the Court) (Signature) ———— FORM No. 49 WARRANT OF ATTACHMENT TO ENFORCE A BOND (See section 491) To the Police Officer in charge of the police station at.............................................. WHEREAS..............................................(name, description and address of person) has failed to appear on..............................................(mention the occasion) pursuant to his recognizance, and has by default 270 ----- forfeited to Government the sum of rupees..............................................(the penalty in the bond); and whereas the said..............................................(name of person) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him; This is to authorise and require you to attach any movable property of the said ..............................................(name) that you may find within the district of ..............................., by seizure and detention, and, if the said amount be not paid within........................................., days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— FORM No. 50 NOTICE TO SURETY ON BREACH OF A BOND (See section 491) To .............................................. of .............................................. WHEREAS on the..............................................day of.............................................., 20 ........................., you became surety for..............................................(name) of..............................................(place) that he should appear before this Court on the..............................................day of ..............................................and bound yourself in default thereof to forfeit the sum of rupees..................to Government; and whereas the said..............................................(name) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees. You are hereby required to pay the said penalty or show cause, within..............................................days from this date, why payment of the said sum should not be enforced against you. 271 ----- Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ FORM No. 51 NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To.............................................. of.............................................. WHEREAS on the..............................................day of ............................, 20..................., you became surety by a bond for..............................................(name) of.............................................. (place) that he would be of good behaviour for the period of..............................................and bound yourself in default thereof to forfeit the sum of rupees.................... to Government; and whereas the said..............................................(name) has been convicted of the offence of.............................................. (mention the offence concisely) committed since you became such surety, whereby your security bond has become forfeited; 272 ----- You are hereby required to pay the said penalty of rupees .................... or to show cause within .............................................. days why it should not be paid. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— FORM No. 52 WARRANT OF ATTACHMENT AGAINST A SURETY (See section 491) To..............................................of.............................................. WHEREAS..............................................(name, description and address) has bound himself as surety for the appearance of .............................................. (mention the condition of the bond) and the said .............................................. (name) has made default, and thereby forfeited to Government the sum of rupees ........................ (the penalty in the bond); This is to authorise and require you to attach any movable property of the said ................................................................(name) which you may find within .............................................. 273 ----- the district of .............................................., by seizure and detention; and, if the said amount be not paid within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ FORM No. 53 WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL (See section 491) To the Superintendent (or Keeper) of the Civil Jail at.............................................. WHEREAS..............................................(name and description of surety) has bound himself as a surety for the appearance of.............................................. (state the condition of the bond) and the said..............................................(name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government; and whereas the said..............................................(name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in the Civil Jail for..................................(Specify the _period);_ 274 ----- This is to authorise and require you, the said Superintendent (or Keeper) to receive the said..............................................(name) into your custody with the warrant and to keep him safely in the said Jail for the said..............................................(term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ FORM No. 54 NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE (See section 491) To..............................................(name, description and address) WHEREAS on the..............................................day of.............................................., 20................,you entered into a bond not to commit, etc., ..............................................(as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded; You are hereby called upon to pay the said penalty of rupees.................... or to show cause before me within..............................................days why payment of the same should not be enforced against you. 275 ----- Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ———— FORM No. 55 WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE (See section 491) To.............................................. (name and designation of police officer), at the police station of.............................................. WHEREAS..............................................(name _and_ _description)_ did, on the..............................................day of.............................................., 20........................, enter into a bond for the sum of rupees..............................................binding himself not to commit a breach of the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said ..............................................(name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum; 276 ----- This is to authorise and require you to attach by seizure movable property belonging to the said..............................................(name) to the value of rupees.............., which you may find within the district of.............................................., and, if the said sum be not paid within.........................................., to sell the property so attached, or so much of it as may be sufficient to realise the same; and to make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ FORM No. 56 WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE (See section 491) To the Superintendent (or Keeper) of the Civil Jail at.............................................. WHEREAS proof has been given before me and duly recorded that................................(name and _description) has committed a breach of the bond entered into by him to keep the peace, whereby he has_ forfeited to Government the sum of rupees.................. ; and whereas the said..............................................(name) has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said..............................................(name) in the Civil Jail of the period of..............................................(term _of imprisonment);_ 277 ----- This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail to receive the said..............................................(name) into your custody, together with this warrant, and to keep his safely in the said Jail for the said period of ..............................................(term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ 278 ----- FORM No. 57 WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To the Police Officer in charge of the police station at.............................................. WHEREAS ......................................................................(name, description and address) did, on the..............................................day of.............................................., 20.................., give security by bond in the sum of rupees................... for the good behavior of..............................................(name, etc., of the _principal), and proof has been given before me and duly recorded of the commission by the_ said..............................................(name) of the offence of ..............................................whereby the said bond has been forfeited; and whereas notice has been given to the said..............................................(name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said..............................................(name) to the value of rupees......................which you may find within the district of.............................................., and, if the said sum be not paid within.............................................. , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) _————_ 279 ----- FORM No. 58 WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To the Superintendent (or Keeper) of the Civil Jail at............................................. WHEREAS..........................................................................(name, description and address) did, on the .............................................. day of.............................................., 20.................., give security by bond in the sum of rupees........................for the good behaviour of...................................(name, etc., of the _principal), and proof of the breach of the said bond has been given before me and duly recorded, whereby_ the said..............................................(name) has forfeited to Government the sum of rupees.................., and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said..............................................(name) in the Civil Jail for the period of..............................................(term of imprisonment); This is to authorise and require you, the Superintendent (or Keeper), to receive the said..............................................(name) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of..............................................(term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................., 20 ............ . (Seal of the Court) (Signature) ————— 280 ----- 281 -----

28-Dec-2023

49

The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023

https://www.indiacode.nic.in/bitstream/123456789/19721/1/a2023-49.pdf

central

# THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS OF SERVICE AND TERM OF OFFICE) ACT, 2023 _________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY SECTIONS. 1. Short title and commencement. 2. Definitions. CHAPTER II APPOINTMENT AND TERM OF CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS 3. Election Commission. 4. Appointment of Chief Election Commissioner and other Election Commissioners. 5. Qualifications of Chief Election Commissioner and other Election Commissioners. 6. Search Committee. 7. Selection Committee. 8. Power of Selection Committee to regulate its own procedure. 9. Term of office. CHAPTER III SALARY, ALLOWANCES AND OTHER CONDITIONS OF SERVICE OF CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS 10. Salary, etc. 11. Resignation and removal. 12. Leave. 13. Pension. 14. Right to subscribe to General Provident Fund. 15. Other conditions of service. 16. Protection of Chief Election Commissioner and other Election Commissioners. 1 ----- CHAPTER IV TRANSACTION OF BUSINESS OF ELECTION COMMISSION SECTIONS. 17. Transaction of business. 18. Disposal of business. 19. Power to remove difficulties. 20. Laying. 21. Repeal and saving. CHAPTER V MISCELLANEOUS 2 ----- # THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS OF SERVICE AND TERM OF OFFICE) ACT, 2023 ACT NO. 49 OF 2023 [28th December, 2023.] An Act to regulate the appointment, conditions of service and term of office of the Chief Election Commissioner and other Election Commissioners, the procedure for transaction of business by the Election Commission and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.— (1) This Act may be called the Chief Election Commissioner and** other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Chief Election Commissioner” means the Chief Election Commissioner appointed under clause (2) of article 324 of the Constitution and in accordance with this Act; (b) “Election Commission” means the Election Commission referred to in clause (1) of article 324 of the Constitution; (c) “Election Commissioner” means any other Election Commissioner appointed under clause (2) of article 324 of the Constitution and in accordance with this Act; (d) “Search Committee” means the Search Committee for preparation of panel of persons for consideration for appointment as Chief Election Commissioner and other Election Commissioners; and (e) “Selection Committee” means the Selection Committee that recommends appointment of Chief Election Commissioner and other Election Commissioners. CHAPTER II APPOINTMENT AND TERM OF CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS **3. Election Commission.— The Election Commission shall consist of—** (a) Chief Election Commissioner; and (b) such number of other Election Commissioners as the President may fix from time to time. 1. 2[nd] day of January, 2024, vide notification No. S.O. 35 (E), dated 2[nd] day of January, 2024, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 3 ----- **4. Appointment of Chief Election Commissioner and other Election Commissioners.—The Chief** Election Commissioner and other Election Commissioners shall be appointed by the President by warrant under his hand and seal. **5. Qualifications of Chief Election Commissioner and other Election Commissioners.—The Chief** Election Commissioner and other Election Commissioners shall be appointed from amongst persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India and shall be persons of integrity, who have knowledge of and experience in management and conduct of elections. **6. Search Committee.—A Search Committee headed by the Minister of Law and Justice and** comprising two other members not below the rank of Secretary to the Government of India, shall prepare a panel of five persons for consideration of the Selection Committee, for appointment as the Chief Election Commissioner and other Election Commissioners. **7. Selection Committee.—(1) The Chief Election Commissioner and other Election Commissioners** shall be appointed by the President on the recommendation of a Selection Committee consisting of— (a) the Prime Minister—Chairperson; (b) the Leader of Opposition in the House of the People—Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister—Member. _Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of_ Opposition in the House of the People has not been recognised as such, the leader of the single largest party in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition. (2) The appointment of Chief Election Commissioner and other Election Commissioners shall not be invalid merely by reason of any vacancy in or any defect in the constitution of, the Selection Committee. **8. Power of Selection Committee to regulate its own procedure.— (1) The Selection Committee shall** regulate its own procedure in a transparent manner for selecting the Chief Election Commissioner or other Election Commissioners. (2) The Selection Committee may also consider any other person than those included in the panel by the Search Committee. **9. Term of office.—(1) The Chief Election Commissioner and other Election Commissioners shall hold** office for a term of six years from the date on which he assumes his office or till he attains the age of sixty-five years, whichever is earlier. (2) The Chief Election Commissioner and other Election Commissioners shall not be eligible for re-appointment. (3) Where an Election Commissioner is appointed as Chief Election Commissioner, his term of office shall not be more than six years in aggregate as the Election Commissioner and the Chief Election Commissioner. 4 ----- CHAPTER III SALARY, ALLOWANCES AND OTHER CONDITIONS OF SERVICE OF CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS **10. Salary, etc.—(1) The Chief Election Commissioner and other Election Commissioners shall be paid** a salary which is equal to the salary of a Judge of the Supreme Court: Provided that the salary, allowances and other conditions of service of the Chief Election Commissioner and other Election Commissioners, holding office immediately before the date of commencement of this Act shall not be varied to their disadvantage. (2) If a person who, immediately before the date of assuming office as the Chief Election Commissioner or an Election Commissioner, was in receipt of, or being eligible so to do, had elected to draw, a pension (other than a disability or wound pension) in respect of any previous service under the Central Government or a State Government, his salary in respect of service as the Chief Election Commissioner or an Election Commissioner shall be reduced— (a) by the amount of that pension; and (b) if he had, before assuming office, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension. (3) The Chief Election Commissioner and other Election Commissioners shall be entitled to dearness allowance as may be admissible to Judge of the Supreme Court. (4) The Chief Election Commissioner and other Election Commissioners shall be entitled to encashment of fifty per cent. of earned leave to his credit at the time of completion of tenure. (5) Where the Chief Election Commissioner or an Election Commissioner had retired from the service of the Central Government or a State Government prior to appointment as such, the aggregate period for which the encashment of unutilised earned leave he shall be entitled, shall be subject to a maximum period as admissible in accordance with the rules for the time being applicable to the service to which he belonged before his appointment as Chief Election Commissioner or an Election Commissioner. **11. Resignation and removal.—(1) The Chief Election Commissioner or an Election Commissioner** may, at any time, by writing under his hand addressed to the President, resign his office. (2) The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court. (3) The other Election Commissioners shall not be removed from office except on the recommendation of the Chief Election Commissioner. **12. Leave.— (1) The Chief Election Commissioner or an Election Commissioner may be granted leave** in accordance with the rules for the time being applicable to the service to which he belonged before the date of his appointment and he shall be entitled to carry forward the leave standing at his credit on such date, irrespective of the provisions contained in section 13. (2) The power to grant or refuse leave to the Chief Election Commissioner or an Election Commissioner and to revoke or curtail leave granted to him, shall vest in the President. 5 ----- **13. Pension. —(1) Where the Chief Election Commissioner or an Election Commissioner was in service** of Government, he shall be deemed to have retired from the service on the date on which he enters upon office as the Chief Election Commissioner or an Election Commissioner, as the case may be. (2) The Chief Election Commissioner or other Election Commissioners who at the time of his appointment as such, was in service of the Central Government or a State Government, shall at his option to be exercised within a period of six months from the date of such appointment, be entitled to draw his pension and other retirement benefits under the rules applicable to the service to which he belonged, with effect from the date of his appointment as the Chief Election Commissioner or other Election Commissioner. (3) Except where the Chief Election Commissioner or an Election Commissioner demits office by resignation, he shall be deemed, for the purposes of this Act, to have demitted his office only if,— (a) he has completed the term of office specified in section 9; or (b) he has attained the age of sixty-five years; or (c) his demission of office is medically certified to be necessitated by ill-health. **14. Right to subscribe to General Provident Fund.—Every person holding office as the Chief** Election Commissioner or an Election Commissioner shall be entitled to subscribe to the General Provident Fund under the General Provident Fund (Central Services) Rules, 1960. **15. Other conditions of service.— Save as otherwise provided in this Act, the President may by rules** determine the conditions of service relating to travelling allowance, medical facilities, leave travel concession, conveyance facilities, and such other conditions of service relating to the Chief Election Commissioner and other Election Commissioners. **16.Protection** **of** **Chief** **Election** **Commissioner** **and** **other** **Election** **Commissioners.—Notwithstanding anything contained in any other law for the time being in force, no** Court shall entertain or continue any civil or criminal proceedings against any person who is or was a Chief Election Commissioner or an Election Commissioner for any act, thing or word, committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official duty or function. CHAPTER IV TRANSACTION OF BUSINESS OF ELECTION COMMISSION **17. Transaction of business.—The business of the Election Commission shall be transacted in** accordance with the provisions of this Act. **18. Disposal of business.—(1) The Election Commission may, by unanimous decision, regulate the** procedure for transaction of its business and also allocation of its business amongst the Chief Election Commissioner and other Election Commissioners. (2) All business of the Election Commission shall, as far as possible, be transacted unanimously, and if the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority. 6 ----- CHAPTER V MISCELLANEOUS **19. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, within a period of five years from the date of commencement of this Act, by order not inconsistent with the provisions of this Act, remove the difficulty. (2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each House of Parliament. **20. Laying.—Every rule and order made under this Act shall be laid, as soon as may be after it is made,** before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or order, or both Houses agree that the rule or order should not be made, the rule or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or order. **21. Repeal and saving.—(1) The Election Commission (Conditions of Service of Election** Commissioners and Transaction of Business) Act, 1991 (11 of 1991) is hereby repealed. (2) Anything done or any action taken or purported to have been done or taken under the Act hereby repealed shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal. _______ 7 -----

28-Dec-2023

50

The Provisional collection of Taxes Act,2023

https://www.indiacode.nic.in/bitstream/123456789/19720/1/A2023-50%20%281%29.pdf

central

# THE PROVISIONAL COLLECTION OF TAXES ACT, 2023 _____________ ARRANGEMENT OF SECTIONS ______________ SECTIONS. 1. Short title. 2. Definition. 3. Power of Central Government to make declaration. 4. Effect of declarations under this Act, and duration thereof. 5. Refunds to be made in certain cases. 6. Repeal. ----- # THE PROVISIONAL COLLECTION OF TAXES ACT, 2023 ACT NO. 50 OF 2023 [28th December, 2023.] An Act to provide for the immediate effect for a limited period of provisions in Bills relating to the imposition or increase of duties of customs or excise. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— **1. Short title.— This Act may be called the Provisional Collection of Taxes Act, 2023.** **2. Definition.—In this Act, a “declared provision” means a provision in a Bill in respect of which a** declaration has been made under section 3. **3. Power of Central Government to make declaration.—Where a Bill to be introduced in Parliament** on behalf of the Government provides for the imposition or increase of a duty of customs or excise with or without change in tariff classification, the Central Government may cause to be inserted in the Bill a declaration that it is expedient in the public interest that any provision of the Bill relating to such imposition or increase shall have immediate effect under this Act. **4. Effect of declarations under this Act, and duration thereof.— (1) A declared provision shall have** the force of law immediately on the expiry of the day on which the Bill containing it is introduced. (2) A declared provision shall cease to have the force of law under the provisions of this Act— (a) when it comes into operation as an enactment, with or without amendment; (b) when the Central Government, in pursuance of a motion passed by Parliament, directs, by notification in the Official Gazette, that it shall cease to have the force of law; or (c) if it has not already ceased to have the force of law under clause (a) or clause (b), then on the expiry of the seventy-fifth day after the day on which the Bill containing it was introduced. **5. Refunds to be made in certain cases.—(1) Where a declared provision comes into operation as an** enactment in an amended form before the expiry of the seventy-fifth day after the day on which the Bill containing it was introduced, refunds shall be made of all duties collected which would not have been collected if the provision adopted in the enactment had been the declared provision: Provided that the rate at which refunds of any duty may be made under this sub-section shall not exceed the difference between the rate of such duty proposed in the declared provision and the rate of such duty in force when the Bill was introduced. (2) Where a declared provision ceases to have the force of law under clause (b) or clause (c) of sub-section (2) of section 4, refunds shall be made of all duties collected which would not have been collected if the declaration in respect of it had not been made. **6. Repeal.— The Provisional Collection of Taxes Act, 1931(16 of 1931) is hereby repealed.** -----

28-Dec-2023

51

The Press and Registration of Periodicals Act, 2023

https://www.indiacode.nic.in/bitstream/123456789/20162/1/a2023-51.pdf

central

# THE PRESS AND REGISTRATION OF PERIODICALS ACT, 2023 _____________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY # SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II PRINTING PRESS AND PERIODICAL 3. Printer to furnish intimation. 4. Publication of periodical. CHAPTER III AUTHORITIES 5. Press Registrar General and other officers. 6. Powers of Press Registrar General. CHAPTER IV REGISTRATION OF PERIODICAL 7. Registration of periodical. 8. Revision of certificate of registration or title. 9. Transfer of ownership of a periodical. 10. Discontinuation of a periodical. 11. Suspension or cancellation of registration. 12. Annual statement to be furnished by periodical. 13. Annual report. CHAPTER V PENALTIES 14. Power of Press Registrar General to impose penalty. 1 ----- CHAPTER VI APPEAL # SECTIONS 15. Press and Registration Appellate Board. CHAPTER VII MISCELLANEOUS 16. Power of Central Government to issue directions. 17. Press Registrar General and other officers to be public servants. 18. Protection of action taken in good faith. 19. Power of Central Government to make rule. 20. Power to remove difficulties. 21. Laying of rules and notification. 22. Repeal and savings. 2 ----- # THE PRESS AND REGISTRATION OF PERIODICALS ACT, 2023 ACT NO. 51 OF 2023 [28[th] _December, 2023.]_ # An Act to provide for press, registration of periodicals and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, Extent and commencement.—(1) This Act may be called the Press and Registration of** Periodicals Act, 2023. (2) It extends to the whole of India. (3) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “facsimile edition” of a publication means an exact reproduction of the original edition of a foreign publication in English or an Indian language included in the Eighth Schedule to the Constitution; (b) “journal” means a periodical publication, other than a magazine, which primarily carries academic, scientific or technical content related to a particular discipline or profession; (c) “keeper” means a person who manages the day-to-day operations of a printing press, the owner of which is a non-individual entity; (d) “newspaper” means a periodical of loose-folded sheets usually printed on newsprint and brought out daily or at least once in a week, containing information on current events, public news or comments on public news; (e) “notification” means a notification published in the Gazette of India or the Official Gazette of a State, as the case may be, and the expression “notify” with its grammatical variation and cognate expressions shall be construed accordingly; (f) “owner” means an individual, firm or any such legal entity owning a periodical; (g) “periodical” means any publication, including a newspaper, which is published and printed at regular intervals containing public news or comments on public news, but does not include a book, or a journal including a book or journal of scientific, technical and academic nature; (h) “prescribed” means prescribed by rules made under this Act; (i) “Press Registrar General” means the Press Registrar General of India, appointed by the Central Government under sub-section (1) of section 5; (j) “printer” means the owner or keeper of a printing press; (k) “printing” means reproduction of a periodical through any technology involving mass production of copies, but does not include photocopying; 1. 1[st] March, 2024, vide notification No. S.O. 989(E), dated, 1st day of March, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii) 3 ----- (l) “publication” means newspapers, magazines, journals or newsletters printed periodically and published in India, and shall include its reproduction in electronic form or any syndication, facsimile edition, for public distribution or access; (m) “publish” means the process of making a work available to the public by issuing or causing to be issued the copies thereof or in any other manner, whether for a price or free of charge, and the word “publishing” shall be construed accordingly; (n) “publisher” means a person responsible to publish any periodical; (o) “register” means the register of periodicals maintained under clause (b) of sub-section (3) of section 5; (p) “specified authority” means a District Magistrate or Collector or such other officer as the State Government or, as the case may be, Union territory Administration may, by notification, specify; (q) “title”, in relation to a periodical, means the name of such periodical as may be verified by the Press Registrar General, printed prominently and legibly as the masthead on the front page of that periodical by which it shall be known or be identified. CHAPTER II PRINTING PRESS AND PERIODICAL **3. Printer to furnish intimation.—Every printer of a periodical shall furnish an intimation in the** online portal to the Press Registrar General and the specified authority within whose local jurisdiction his printing press is situated with such particulars and in such manner, as may be prescribed. **4. Publication of periodical (1) Every citizen of India or a person, being an entity incorporated and** registered in India under any law for the time being in force, may bring out a periodical: Provided that no person who has been convicted by any court for an offence— (a) involving terrorist act or unlawful activity; or (b) for having done anything against the security of the State, shall bring out a periodical. _Explanation.—For the purposes of this section, the expressions “terrorist act” and “unlawful activity”_ shall have the meanings respectively assigned to them in clauses (k) and (o) of sub-section (1) of section 2 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967). (2) Every periodical printed in India shall have printed on it legibly the name of the printer, place of printing, name of editor, publisher and place of publication. _Explanation.––For the purposes of this sub-section, “editor” means a person who decides the matter_ that is to be published in a periodical. (3) A facsimile edition of a foreign periodical may be printed in India only with the previous approval of the Central Government in accordance with the guidelines made in this regard, and the registration of such facsimile edition shall be made with the Press Registrar General in such manner as may be prescribed. _Explanation.––For the purposes of this sub-section, “foreign periodical” means any periodical printed_ and published in a country outside India. CHAPTER III AUTHORITIES **5. Press Registrar General and other officers.—(1) The Central Government may, by order, appoint** a Press Registrar General of India for carrying out the purposes of this Act. 4 ----- (2) The Central Government may, by general or special order, appoint such other officers under the general superintendence and control of the Press Registrar General, as may be necessary, for the purpose of performing the functions assigned to the Press Registrar General by or under this Act and may, by such order provide for the distribution or allocation of functions to be performed by them under this Act. (3) In particular, and without prejudice to the generality of the foregoing provisions, the Press Registrar General shall perform the following functions, namely:— (a) issue a certificate of registration to a periodical; (b) maintain a register of registered periodicals; (c) make guidelines for admissibility and availability of title of a periodical; (d) collect fees, as may be applicable, with regard to applications received by him under this Act; (e) receive funds from the Central Government and disburse the same for implementation of the provisions of this Act; (f) prepare and publish an annual report containing information in respect of the periodicals in India; (g) any function incidental to, or connected with, clauses (a) to (f); and (h) any other function as may be assigned to it by the Central Government for the effective implementation of the provisions of this Act. **6. Powers of Press Registrar General.—The Press Registrar General shall—** (a) obtain annual statements of a periodical; (b) verify the circulation figure of such class of periodicals in such manner and for such purpose, as may be prescribed, and shall have access to any relevant record or document relating to a periodical in the possession of the owner of such periodical or printer thereof, and enter any premises where the business of such periodical is carried on at any reasonable time to inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished; (c) revise, suspend or cancel registration of a periodical; (d) requisition the services of an authorised person and such other person as may be specified by him for undertaking verification of circulation figure of a periodical. _Explanation.––For the removal of doubts, it is clarified that an “authorised person” means a_ Gazetted Officer of the Central Government, subordinate to the Press Registrar General, and authorised by the Press Registrar General in writing to function as his representative for discharging such functions as he may assign to such representative; (e) call for records, documents and such other information in respect of a printing press or a periodical as may be required in discharge of his duties; (f) call for information from a State Government or Union territory Administration or a specified authority regarding a periodical; and (g) impose penalty. CHAPTER IV REGISTRATION OF PERIODICAL **7. Registration of periodical.—(1) A periodical shall be printed or published in India only in** accordance with the provisions of this Act. 5 ----- (2) Every publisher of a periodical shall, with the authorisation of the owner of such periodical, obtain a certificate of registration from the Press Registrar General by making an online application to the Press Registrar General and the specified authority within whose local jurisdiction such periodical is proposed to be published, in such manner and on payment of such fee, with such documents and particulars, as may be prescribed. (3) The application referred to in sub-section (2) shall contain the title, which the publisher intends to assign to the periodical, and for that purpose the publisher may suggest one or more names for the title, in an order of preference, which is not the same or similar to a title already held by any other owner of a periodical either in the same language anywhere in India or in any other language in the same State, and which conforms to the guidelines made by the Press Registrar General for this purpose. (4) The specified authority referred to in sub-section (2) shall, either furnish its no-objection or comments on the application to the Press Registrar General within a period of sixty days: Provided that no-objection of the specified authority shall not be required, where the application referred to in sub-section (2) is for registration of a periodical proposed to be published by the Central Government or a State Government or any authority under such Government. (5) On receipt of an application referred to in sub-section (2), if the Press Registrar General is satisfied with its correctness and completeness and after taking into account the comments, if any, received from the specified authority within the period referred to in sub-section (4) and the guidelines relating to admissibility of titles, he shall issue a certificate of registration containing particulars of its periodicity, language, place of publication, details of the owner and the title of the periodical, in such form as may be prescribed: Provided that the Press Registrar General may, after giving an opportunity of being heard and for reasons to be recorded in writing, refuse to issue the certificate of registration. (6) The publisher of the periodical shall, on receipt of the certificate of registration, commence publication of the periodical: Provided that if the publisher of the periodical fails to publish the periodical within twelve months from the end of the month in which the certificate of registration was issued, the Press Registrar General may cancel the certificate of registration and withdraw the title. **8. Revision of certificate of registration or title.—(1) A publisher of a periodical may make an** application to the Press Registrar General for revision of particulars of the certificate of registration, or for revision of title, in such manner and with such particulars as may be prescribed. (2) The Press Registrar General may, on being satisfied with the particulars of the revision applied for under sub-section (1), issue a revised certificate of registration or a revised title, to the publisher and intimate the same to the specified authority. **9. Transfer of ownership of a periodical.—(1) The transfer of ownership of every periodical** registered under section 7 shall be made in accordance with the provisions of this section. (2) The owner of a periodical referred to in sub-section (1) shall apply for transfer of its ownership to the Press Registrar General by furnishing such documents, setting forth such particulars and on payment of such fee, as may be prescribed. (3) On receipt of an application from the owner of a periodical for transfer of ownership of such periodical, if the Press Registrar General is satisfied with its correctness and completeness, and after taking into account the comments, if any, received from the specified authority, he shall permit the transfer of ownership of that periodical: Provided that the Press Registrar General may, after giving an opportunity of being heard and for reasons to be recorded in writing, refuse to permit such transfer of ownership of a periodical. 6 ----- (4) The owner of the periodical shall, on receipt of the permission from the Press Registrar General under sub-section (3), forward a copy of the same to the publisher, and the publisher shall apply and obtain a revised certificate of registration in accordance with the provisions of section 7. (5) The owner of a periodical shall intimate any change in the shareholding pattern of his company within fifteen days of such change being informed by him to the Registrar of Companies. **10. Discontinuation of a periodical.—(1) The owner of a periodical may discontinue a periodical** registered under this Act and shall, within six months of such discontinuation, intimate to the Press Registrar General and the specified authority, within whose local jurisdiction such periodical is published, about such discontinuation. (2) The Press Registrar General shall, on receipt of intimation from the publisher under sub-section (1), cancel the certificate of registration of the discontinued periodical and remove the periodical along with its title from the register maintained under clause (b) of sub-section (3) of section 5. **11. Suspension or cancellation of registration.—(1) The Press Registrar General may, by order, for** a period not less than thirty days but not exceeding one hundred and eighty days, suspend the certificate of registration of a periodical, if— (a) the registration was obtained on false representation or on concealment of any material fact; or (b) the publisher has failed to publish the periodical continuously. _Explanation.—For the removal of doubts, it is hereby clarified that if a periodical publishes less_ than half of its issues, as are required to be published in a calendar year in accordance with the application made under sub-section (2) of section 7, such periodical shall be deemed to have failed to publish continuously; or (c) the publisher has given false particulars in the annual statement; or (d) the publisher has failed to furnish the annual statement within two years from the end of the financial year for which the annual statement was to be furnished. (2) The Press Registrar General may cancel the certificate of registration of a periodical, where the publisher fails to remove the defects of the grounds on which the said certificate was suspended under sub-section (1) before the expiry of the period of such suspension. (3) The Press Registrar General may, by order, cancel the certificate of registration of a periodical which— (a) bears the same or similar title already held by any other owner of a periodical, either in the same language anywhere in India or in any other language in the same State or Union territory; or (b) violates the guidelines made under sub-section (3) of section 7. (4) The Press Registrar General may, by order, cancel the certificate of Registration of a periodical where the owner or publisher of such periodical has been convicted by any court for an offence— (a) involving terrorist act or unlawful activity; or (b) for having done anything against the security of the State. _Explanation.—For the purposes of this section, the expressions “terrorist act” and “unlawful_ activity” shall have the meanings respectively assigned to them in clauses (k) and (o) of sub-section (1) of section 2 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967). (5) No order for suspension or cancellation of certificate of registration shall be passed under this section, without giving an opportunity of being heard to the publisher or owner of the periodical, as the case may be. 7 ----- (6) A copy of order of suspension or cancellation passed under this section shall be made available to the Central Government or State Government or Union territory Administration, as the case may be, and to the specified authority. (7) The Press Registrar General may, after the cancellation of certificate of registration of a periodical under this section, issue a new certificate of registration to such periodical bearing another title, if the publisher of that periodical makes an application to that effect in conformity with the guidelines made under sub-section (3) of section 7. (8) The Press Registrar General may, in such circumstances and manner, as may be prescribed, authorise the specified authority to suspend or cancel the certificate of registration granted under section 7. **12. Annual statement to be furnished by periodical.—The publisher of a periodical shall furnish to** the Press Registrar General an annual statement in respect of the periodical, at such time, in such form and giving such particulars, as may be prescribed. (2) The publisher of every newspaper in India shall, subject to any rules made under this Act, deliver free of cost to the Press Registrar General and to the State Government one copy of each issue of such newspaper within forty-eight hours. **13. Annual report.—The Press Registrar General shall prepare and publish an annual report containing** information in respect of the periodicals in India. CHAPTER V PENALTIES **14. Power of Press Registrar General to impose penalty.—(1) The Press Registrar General may** impose penalty, if— (a) a periodical is published without obtaining a certificate of registration under section 7; (b) the publisher fails to furnish the annual statement as required under section 12 within one year from the end of the financial year in respect of which the annual statement was required to be furnished: Provided that no order of imposition of penalty shall be passed without giving an opportunity of being heard to the publisher. (2) Where a periodical is published without obtaining a certificate of registration under section 7, the Press Registrar General may impose a penalty of an amount not exceeding five lakh rupees with a direction to the publisher to cease the publication of such periodical. (3) The quantum of penalty imposable under clause (b) of sub-section (1) shall be not less than ten thousand rupees but not exceeding twenty thousand rupees for the first default: Provided that for every subsequent default, an enhanced penalty of twice such quantum may be imposed but shall not exceed two lakh rupees (4) Whoever fails to cease publication of periodical even after six months of issue of a direction under sub-section (2), or publishes any other periodical without obtaining a certificate of registration under section 7, shall be punishable with imprisonment for a term which may extend to six months. 8 ----- CHAPTER VI APPEAL **15. Press and Registration Appellate Board.—(1) There shall be an Appellate Board to be called the** Press and Registration Appellate Board consisting of Chairperson, Press Council of India and two members to be nominated by the Press Council of India, from among its members: Provided that at least one of the two members shall be a person referred to in clause (d) or clause (e) of sub-section (3) of section 5 of the Press Council Act, 1978 (37 of 1978). (2) Any person aggrieved by an order of refusal to issue the certificate of registration under sub-section (5) of section 7, or cancellation or suspension of registration under section 11, or order of imposition of penalty under section 14, may, within sixty days from the date on which such order is communicated to him, prefer an appeal before the Press and Registration Appellate Board: Provided that the Press and Registration Appellate Board may admit an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal on time. (3) On receipt of an appeal under this section, the Press and Registration Appellate Board may, after calling for the records and after making such further inquiries as it deems fit, confirm, modify or set aside the order appealed against. (4) The manner and procedure to be followed for preferring appeals, calling for records and making inquires under this section shall be such as may be laid down by the Chairperson, Press Council of India. CHAPTER VII MISCELLANEOUS **16. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing** provisions of this Act, the Central Government may give directions on matters of policy to the Press Registrar General, in writing, from time to time and the Press Registrar General shall, in the discharge of his powers and functions under this Act, be bound by such directions. (2) The decision of the Central Government as to whether a question is one of policy or not shall be final. **17. Press Registrar General and other officers to be public servants.—The Press Registrar General** and all officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **18.** **Protection of action taken in good faith.—No suit or other legal proceedings shall lie against the** Central Government or State Government or Union territory Administration or the Press Registrar General or any officer or employee authorised by the Press Registrar General, for anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder. **19. Power of Central Government to make rules.—(1) The Central Government may, by notification** in the Official Gazette, after previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:— (a) the manner and particulars for furnishing an intimation before the specified authority by the printing press under section 3; (b) the manner of registration of a facsimile edition of a foreign periodical under sub-section (3) of section 4; 9 ----- (c) the manner of verification of circulation figure of class of periodicals under clause (b) of section 6; (d) the form, fees and manner of making an online application, documents to be furnished and particulars to be set forth under sub-section (2) of section 7; (e) the form in which and the particulars along with which a certificate of registration shall be issued under sub-section (5) of section 7; (f) the manner of making an application and particulars to be set forth therein under sub-section (1) of section 8; (g) the form, fees and manner of making an application, documents to be furnished and particulars to be set forth under sub-section (2) of section 9; (h) the circumstances and manner for authorising the specified authority to suspend or cancel the certificate of registration under sub-section (7) of section 11; (i) the form, time and particulars for furnishing an annual statement under section 12; (j) any other matter which is required to be, or may be, prescribed under the provisions of this Act. (3) The State Government may, by notification in the Official Gazette of the State, make such rules not inconsistent with the rules made by the Central Government, as may be necessary or desirable for carrying out the objects of this Act. (4) Every rule made by the State Government under sub-section (3) shall be laid, as soon as may be after it is made, before the State Legislature. **20. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **21. Laying of rules and notification.—Every rule made or notification issued by the Central** Government under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. **22. Repeal and savings.—(1) The Press and Registration of Books Act, 1867 (25 of 1867) is hereby** repealed. (2) Notwithstanding such repeal,— (a) anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or declaration made or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed under the Act hereby repealed 10 ----- shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any declaration, including title thereof, so made and authenticated under the provisions of the Act hereby repealed, shall be deemed to have been made and authenticated under the corresponding provisions of this Act; (c) any proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act has not been passed; (d) the Press Registrar General and other officers appointed under the Act hereby repealed and holding office as such immediately before the commencement of this Act, shall, on the commencement of this Act, continue to hold their respective offices under the corresponding provisions of this Act, unless and until they are removed or superannuated; (e) the Press and Registration Appellate Board established under the Act hereby repealed shall continue to function under the corresponding provisions of this Act, unless and until the Press and Registration Appellate Board is constituted under this Act; (f) any appeal preferred to the Press and Registration Appellate Board hereby repealed and not disposed of before the commencement of this Act, may be disposed of by the Press and Registration Appellate Board constituted under this Act; (g) any penalty payable under the Act hereby repealed may be recovered in the manner provided by or under this Act, but without prejudice to any action already taken for the recovery of such penalty under the Act so repealed; (h) any certificate of registration issued or granted under the Act hereby repealed shall continue to have effect after the commencement of this Act under the same conditions as if this Act had not been passed. (3) The matters referred to in clauses (a) to (h) of sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of such repeal. ____________ 11 -----

12-Feb-2024

01

The Public Examinations (Prevention of Unfair Means) Act, 2024

https://www.indiacode.nic.in/bitstream/123456789/20100/1/a2024-01.pdf

central

# THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT, 2024 ______ ARRANGEMENT OF SECTIONS _____ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II UNFAIR MEANS AND OFFENCES 3. Unfair means. 4. Conspiracy for unfair means. 5. Disruption to conduct public examination. 6. Other offences. 7. No premises other than examination centre shall be used for public examination. 8. Offences in respect of service providers and other persons. CHAPTER III PUNISHMENT FOR OFFENCES 9. Cognizable offences. 10. Punishment for offences under this Act. 11. Organised crimes. CHAPTER IV INQUIRY AND INVESTIGATION 12. Officers empowered to investigate. CHAPTER V MISCELLANEOUS 13. Members, officers and employees of public examination authority to be public servants. 14. Protection of action taken in good faith by any public servant. 15. Provisions of this Act to be in addition to other laws. 16. Power to make rules. 17. Laying of rules. 18. Power to remove difficulties. CHAPTER VI AMENDMENT TO THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 1944 19. Amendment of Ordinance 38 of 1944. # THE SCHEDULE 1 ----- # THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT, 2024 ACT NO. 1 OF 2024 [12th February, 2024.] # An Act to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Public Examinations** (Prevention of Unfair Means) Act, 2024. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—(1) In this Act, unless the context otherwise requires,––** (a) “candidate” means a person who has been granted permission by the public examination authority to appear in public examination and includes a person authorised to act as a scribe on his behalf in the public examination; (b) “communication device” shall have the same meaning assigned to it in clause (ha) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000); (c) “competent authority” shall mean the Ministry or a Department of the Central Government administratively concerned with the public examination authority; (d) “computer network”, “computer resource” and “computer system” shall have the meanings respectively assigned to them in clauses (j), (k) and (l) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000); (e) “conduct of public examination” shall include all the procedures, processes and activities, as may be prescribed, for being adopted for the conduct of public examination; (f) “institution” means any agency, organisation, body, association of persons, business entity, company, partnership or single proprietorship firm, by whatever name it may be called, which is other than the public examination authority and the service provider engaged by such authority. _Explanation.—For the purposes of this clause, it is clarified that “company” includes a company_ as defined in clause (20) of section 2 of the Companies Act, 2013 (18 of 2003); or a limited liability partnership firm as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (7 of 2009); (g)“notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (h) “organised crime” means an unlawful activity committed by a person or a group of persons indulging in unfair means in collusion and conspiracy to pursue or promote a shared interest for wrongful gain in respect of a public examination; (i) “person associated with a service provider” means a person who performs services for or on behalf of such service provider irrespective of whether such person is an employee or an agent or a subsidiary of such service provider, as the case may be; (j) “prescribed” means prescribed by rules made under this Act; 1. 21[st ]June, 2024, _vide notification NO. S.O. 2422(E), dated 21[st] June, 2024,_ _see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). 2 ----- (k) “public examination” means any examination conducted by the public examination authority, as specified in the Schedule, or conducted by such other authority as may be notified by the Central Government; (l) “public examination authority” means an authority as specified by the Central Government by a notification, from time to time for conducting the public examinations; (m) “public examination centre” means such premises, which is selected by the service provider or otherwise selected by the public examination authority, to be used for conduct of public examination and which, amongst others, may include any school, computer centre, institution, any building or part thereof and the same shall include the entire periphery and land appurtenant thereto which may be used for security and other related reasons for conduct of the public examinations; and (n)“service provider” means any agency, organisation, body, association of persons, business entity, company, partnership or single proprietorship firm, including its associates, subcontractors and provider of support of any computer resource or any material, by whatever name it may be called, which is engaged by the public examination authority for conduct of public examination. (2) Words and expressions used herein but not defined and defined under any other law for the time being in force, shall have the same meanings as assigned to them in those laws. CHAPTER II UNFAIR MEANS AND OFFENCES **3. Unfair means.—The unfair means relating to the conduct of a public examination shall include** any act or omission done or caused to be done by any person or group of persons or institutions, and include but not be restricted to, any of the following acts for monetary or wrongful gain— (i) leakage of question paper or answer key or part thereof; (ii) participating in collusion with others to effect leakage of question paper or answer key; (iii) accessing or taking possession of question paper or an Optical Mark Recognition response sheet without authority; (iv) providing solution to one or more questions by any unauthorised person during a public examination; (v) directly or indirectly assisting the candidate in any manner unauthorisedly in the public examination; (vi) tampering with answer sheets including Optical Mark Recognition response sheets; (vii) altering the assessment except to correct a bona fide error without any authority; (viii) willful violation of norms or standards set up by the Central Government for conduct of a public examination on its own or through its agency; (ix) tampering with any document necessary for short-listing of candidates or finalising the merit or rank of a candidate in a public examination; (x) deliberate violation of security measures to facilitate unfair means in conduct of a public examination; (xi) tampering with the computer network or a computer resource or a computer system; (xii) manipulation in seating arrangements, allocation of dates and shifts for the candidates to facilitate adopting unfair means in examinations; 3 ----- (xiii) threatening the life, liberty or wrongfully restraining persons associated with the public examination authority or the service provider or any authorised agency of the Government; or obstructing the conduct of a public examination; (xiv) creation of fake website to cheat or for monetary gain; and (xv) conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain. **4. Conspiracy for unfair means.—No person or group of persons or institutions shall collude or** conspire to facilitate indulgence in any such unfair means. **5. Disruption to conduct public examination.—(1) No person, who is not entrusted or engaged** with the work pertaining to the public examination or conduct of public examination or who is not a candidate, shall enter the premises of the examination centre, with intent to disrupt the conduct of the public examination. (2) No person authorised, engaged or entrusted with the duties to conduct public examination shall, before the time fixed for opening and distribution of question papers–– (a) open, leak or possess or access or solve or seek assistance to solve such question paper or any portion or a copy thereof in unauthorised manner for monetary or wrongful gain; (b) give any confidential information or promise to give such confidential information to any person, where such confidential information is related to or in reference to such question paper for monetary or wrongful gain. (3) No person, who is entrusted or engaged with any work pertaining to public examination shall, except where he is authorised in furtherance of his duties so to do, reveal or cause to be revealed or make known to any other person any information or part thereof which has come to his knowledge for any undue advantage or wrongful gain. **6. Other offences.—If any person or group of persons or institution commits any unfair means or** offence under sections 3, 4 and section 5, the service provider shall forthwith report the offence to the concerned police authorities and also inform the public examination authority: Provided that if the service provider resorts to unfair means and commits the offence or is involved in facilitating an offence, the public examination authority shall report the same to the concerned police authorities. 7. No premises other than examination centre shall be used for public examination.—It shall be an offence for the service provider or any person associated with the service provider to cause any premises, other than the examination centre, authorised by the public examination authority, to be alternatively used for the purpose of holding public examination, without the written approval of the public examination authority: Provided that nothing contained in this section shall be an offence where any change in the examination centre without prior consent of the public examination authority is due to any _force_ _majeure._ **8. Offences in respect of service providers and other persons.—(1) Any person, including the** person associated with a service provider, shall be deemed to have committed an offence if he individually or in collusion with any other person or group of persons or institutions assists any person or group of persons or institutions in any manner unauthorisedly in the conduct of public examination. (2) Service provider or any person associated with it shall be deemed to have committed an offence if he fails to report incidence of any unfair means or commission of any offence. (3) Where an offence committed by a service provider is, _prima facie, established during_ investigation to have been committed with the consent or connivance of any director, manager, 4 ----- secretary or other officer of such service provider, such person shall also be liable to be proceeded against: Provided that nothing contained in this sub-section shall render any such person liable to any punishment under the Act, if he proves, that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. CHAPTER III PUNISHMENT FOR OFFENCES **9. Cognizable offences.—All offences under this Act, shall be cognizable, non-bailable and** non-compoundable. **10. Punishment for offences under this Act.—(1) Any person or persons resorting to unfair** means and offences under this Act, shall be punished with imprisonment for a term not less than three years but which may extend to five years and with fine up to ten lakh rupees. In case of default of payment of fine, an additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023): Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the provisions of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act. (2) The service provider shall also be liable to be punished with imposition of a fine upto one crore rupees and proportionate cost of examination shall also be recovered from such service provider and he shall also be barred from being assigned with any responsibility for the conduct of any public examination for a period of four years. (3) Where it is established during the investigation that offence under this Act has been committed with the consent or connivance of any Director, Senior Management or the persons incharge of the service provider firm, he shall be liable for imprisonment for a term not less than three years but which may extend to ten years and with fine of one crore rupees. In case of default of payment of fine, an additional punishment of imprisonment shall be imposed as per the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023): Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the provisions of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act. (4) Nothing contained in this section shall render any such person liable to any punishment under the Act, if he proves, that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. **11. Organised crimes.—(1) If a person or a group of persons including the examination authority** or service provider or any other institution commits an organised crime, he shall be punished with imprisonment for a term not less than five years but which may extend to ten years and with fine which shall not be less than one crore rupees. In case of default of payment of fine, an additional punishment of imprisonment shall be imposed as per the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023): Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the provisions of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act. (2) If an institution is involved in committing an organised crime, its property shall be subjected to attachment and forfeiture and proportionate cost of examination shall also be recovered from it. CHAPTER IV INQUIRY AND INVESTIGATION **12. Officers empowered to investigate.—(1) An officer not below the rank of Deputy** Superintendent of Police or Assistant Commissioner of Police shall investigate any offence under this Act. 5 ----- (2) Notwithstanding anything contained in sub-section (1), the Central Government shall have the powers to refer the investigation to any Central Investigating Agency. CHAPTER V MISCELLANEOUS **13.** **Members, officers and employees of public examination authority to be public** **servants.—The Chairperson, Members, officers and other employees of the public examination** authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023): Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the provisions of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act. **14.** **Protection of action taken in good faith by any public servant.—No suit, prosecution or** other legal proceedings under this Act, shall lie against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers: Provided that the public servants in the service of any public examination authority shall be subject to administrative action in terms of service rules of such public examination authority: Provided further that nothing shall prevent proceeding against such public servants where, prima _facie case exists for establishing commission of an offence under this Act._ **15. Provisions of this Act to be in addition to other laws.—The provisions of this Act shall be** in addition to, and not in derogation of, any other law for the time being in force: Provided that the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law in force. **16. Power to make rules.—(1) The Central Government may, by notification in the Official** Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–– (a) to lay down procedures, processes and activities for being adopted for conduct of the public examination; (b) any other matter which is to be or may be prescribed. **17. Laying of rules.—Every rule made under this Act shall be laid, as soon as may be after it is** made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **18. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order, published in the Official Gazette, make such provisions within three years, not inconsistent with the provisions of this Act, as appear to it to be necessary for removal of difficulty. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 6 ----- CHAPTER VI AMENDMENT TO THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 1944 **19. Amendment of Ordinance 38 of 1944.—In the Criminal Law (Amendment) Ordinance,** 1944, in the Schedule, after serial number 5 and entries relating thereto, the following serial number and entries shall be inserted, namely:–– "6. An offence punishable under the Public Examinations (Prevention of Unfair Means) Act, 2024.". 7 ----- THE SCHEDULE [See section 2(k)] ANY EXAMINATION CONDUCTED BY— 1. Union Public Service Commission. 2. Staff Selection Commission. 3. Railway Recruitment Boards. 4. Institute of Banking Personnel Selection. 5. Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff. 6. National Testing Agency. 7. Such other authority as may be notified by the Central Government. __________ 8 -----

17-Feb-1882

07

The Powers-of Attorney Act, 1882

https://www.indiacode.nic.in/bitstream/123456789/2360/1/a1882-07.pdf

central

# THE POWERS-OF-ATTORNEY ACT, 1882 ________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title. Local extent. Commencement. 1A. Definition. 2. Execution under power-of-attorney. 3. Payment by attorney under power, without notice of death, etc., good. 4. Deposit of original instruments creating powers-of-attorney. 5. Power-of-attorney of married women. 6. [Repealed.]. 1 ----- # THE POWERS-OF-ATTORNEY ACT, 1882 ACT NO. 7 OF 1882[1] An Act to amend the law relating to Powers-of-Attorney. [24th February, 1882.] For the purpose of amending the law relating to Powers-of-Attorney. It is hereby enacted as follows: — **1. Short title.—This Act** may be called the Powers-of-Attorney Act, 1882. **Local extent.—It applies to the whole of India** [2][*[***]]; **Commencement.—and it shall come into force on the first day of May, 1882.** **3 [1A.** **Definition.—In** this Act, “Power-of-Attorney” includes any instrument empowering a specified person to act for and in the name of the person executing it.] **2. Execution under power-of-attorney.—The donee of a power-of-attorney may, if he** thinks fit, execute or do any [4]*** instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the donor of the power; and every [4]*** instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof. This section applies to powers-of-attorney created by instruments executed either before or after this Act comes into force. **3. Payment by attorney under power, without notice of death, etc., good.—Any** person making or doing any payment or act in good faith, in pursuance of a power-of-attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become [5]*** of unsound mind, [6]*** or insolvent, or had revoked the power, if the fact of death, [7]*** unsoundness of mind, [8]*** insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same. But this section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer, if the payment had not been made by him. This section applies only to payments and acts made or done after this Act comes into force. **4. Deposit of original instruments creating powers-of-attorney.—** (a) An instrument creating a power-of-attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the High Court [9][or District Court] within the local limits of whose jurisdiction the instrument may be. (b) A separate file of instruments so deposited shall be kept; and any person May search that file, and inspect every instrument so deposited; and a certified copy thereof shall be delivered out to him on request. 1. Extended to Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963 (Reg. 6 of 1963); s. 2 and the First Schedule extended to Laccadive, minicoy and Amindivi Islands (Laws) Regulation, 1957 (w.e.f. 1-10-1974): vide Reg 8 of 1956, s. 3 and the Schedule and to Pondicherry by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968). 2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for [“]except Part B States”. 3. Ins. by Act 55 of 1982, s. 2 (w.e.f. 22-10-1980). 4. The word “assurance” omitted by s. 3, _ibid, (w.e.f. 22-10-1980)._ 5. The word “lunatic,” omitted by s. 4, ibid. (w.e.f. 22-10-1980). 6. The word “lunacy,” omitted by s. 4, ibid. (w.e.f. 22-10-1980). 7. The word “or bankrupt” omitted by s. 4, ibid. (w.e.f. 22-10-1980). 8. The word “bankruptcy,” omitted by s. 4, ibid. (w.e.f. 22-10-1980). 9. Ins. by s. 5, ibid. (w.e.f. 22-10-1980). - The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 2 ----- (c) A copy of an instrument so deposited may be presented at the office and may be stamped or marked as a certified copy, and, when so stamped or marked, shall become and be a certified copy. (d) A certified copy of an instrument so deposited shall, without further proof, be sufficient evidence of the contents of the instrument and of the deposit thereof in the High Court [1][or District Court]. (e) The High Court may, from time to time, make rules for the purposes of this section, and prescribing, with the concurrence of the State Government, the fees to be taken under clauses (a), (b) and (c). 2* - - - (g) This section applies to instruments creating powers-of-attorney executed either before or after this Act comes into force. **5. Power-of-attorney of married women.—[3][A married woman of full age shall, by virtue of this** Act, have power, as if she were unmarried,] by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument or doing any other act which she might herself execute or do; and the provisions of this Act, relating to instruments creating powers-ofattorney, shall apply thereto. This section applies only to instruments executed after this Act comes into force. **6.** [Act 28 of 1866, section 39 repealed.] Rep. by the Amending Act, 1891 (12 of 1891), _s. 2 and the First Schedule._ ________ 1. Ins. by Act 55 of 1982, s. 5. 2. Clause (f) rep. by Act 6 of 1900, s. 48 and the Second Schedule. 3. Subs. by Act 55 of 1982, s. 6, for certain words (w.e.f. 22-10-1982). 3 -----

30-Dec-1963

54

The Central Boards of Revenue Act, 1963

https://www.indiacode.nic.in/bitstream/123456789/1500/2/A1963-54.pdf

central

# THE CENTRAL BOARDS OF REVENUE ACT, 1963 ___________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, and commencement. 2. Definitions. 3. Constitution of separate Central Boards for Direct Taxes and for Indirect Taxes and Customs. 4. Procedure of the Board. 5. Amendment of certain enactments. 6. Transfer of certain proceedings. 7. Power to remove difficulties. 8. Repeal and saving. ----- # THE CENTRAL BOARDS OF REVENUE ACT, 1963 ACT NO. 54 OF 1963 [30th December, 1963.] # An Act to provide for the constitution of separate Boards of Revenue for Direct Taxes and for 1[Indirect Taxes and Customs] and to amend certain enactments for the purpose of conferring # powers and imposing duties on the said Boards. BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:— **1. Short title, and commencement.—(1) This Act may be called The Central Boards of Revenue** Act, 1963. (2) It shall come into force on such date[2 ] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Central Board of Direct Taxes or [3][the Central Board of Indirect Taxes and Customs] constituted under section 3; (b) “Central Board of Revenue” means the Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (4 of 1924). (c) “direct tax” means— (1) any duty leviable or tax chargeable under— (i) the Estate Duty Act, 1953 (34 of 1953); (ii) the Wealth-tax Act, 1957 (27 of 1957); (iii) the Expenditure-tax Act, 1957 (29 of 1957); (iv) the Gift-tax Act, 1958 (18 of 1958); (v) the Income-tax Act, 1961 (43 of 1961); (vi) the Super Profits Tax Act, 1963 (14 of 1963); [4]*** 5[(vii) the Interest-tax Act, 1974 (45 of 1974); 6***] [7][(viii) the Hotel-Receipts Tax Act, 1980 (54 of 1980); [8]***] [9][(ix) the Expenditure-tax Act, 1987 (35 of 1987); [10]***] 11[(x) the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015); and] (2) any other duty or tax which, having regard to its nature or incidence, may be declared by the Central Government, by notification in the Official Gazette, to be a direct tax. 1. Subs. by Act 13 of 2018, s. 160, for “Excise and Customs” (w.e.f 29-3-2018). 2. 1st January, 1964, _vide notification No. S.O. 3606, dated 30th December 1963,_ _see Gazette of India, Extraordinary Part II,_ sec. 3 (ii). 3. Subs. by Act 13 of 2018, s.160, for “the Central Board of Excise and Customs” (w.e.f 29-3-2018). 4. The word “and” omitted by Act 45 of 1974, s. 30 (w.e.f. 23-9-1974). 5. Ins. by s. 30, ibid. (w.e.f. 23-9-1974). 6. The word “and” omitted by Act 54 of 1980, s. 37 (w.e.f. 9-12-1980). 7. Ins. by s. 37, ibid. (w.e.f. 9-12-1980). 8. The word “and” omitted by Act 35 of 1987, s. 33 (w.e.f. 1-11-1987). 9. Ins. by s. 33, ibid. (w.e.f. 1-11-1987). 10. The word “and” omitted by Act 22 of 2015, s. 87 (w.e.f. 1-4-2016). 11. Ins. by s. 87, ibid. (w.e.f. 1-4-2016). ----- **3. Constitution of separate Central Boards for Direct Taxes and for** **[1][Indirect Taxes and** **Customs].—(1) The Central Government shall, in place of the Central Board of Revenue, constitute two** separate Boards of Revenue to be called the Central Board of Direct Taxes and [2][the Central Board of Indirect Taxes and Customs], and each such Board shall, subject to the control of the Central Government, exercise such powers and perform such duties, as may be entrusted to that Board by the Central Government or by or under any law. (2) Each Board shall consist of such number of persons[ 3][not exceeding seven] as the Central Government may think fit to appoint. **4. Procedure of the Board.—(1) The Central Government may make rules for the purpose of** regulating the transaction of business by each Board and every order made or act done in accordance with such rules shall be deemed to be the order or act, as the case may be, of the Board. (2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **5. Amendment of certain enactments.—(1) In the Estate Duty Act, 1953 (34 of 1953), the** Wealth-tax Act, 1957 (27 of 1957), the Expenditure-tax Act,1957 (29 of 1957 ), the Gift-tax Act, 1958 (18 of 1958), the Income-tax Act, 1961 (43 of 1961), and the Super Profits Tax Act, 1963 (14 of 1963) for the words and figures “Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (4 of 1924)” or “Central Board of Revenue”, wherever they occur, the words and figures “Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963” shall be substituted. (2) In the Central Excises and Salt Act, 1944 (1 of 1944), and the Customs Act, 1962 (52 of 1962), for the words and figures “Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (4 of 1924)” or “Central Board of Revenue” wherever they occur, the words and figures [2][the Central Board of Indirect Taxes and Customs] constituted under the Central Boards of Revenue Act, 1963” shall be substituted. (3) The functions entrusted to the Central Board of Revenue by or under any other enactment shall,— (a) if such functions relate to matters connected with direct taxes, be discharged by the Central Board of Direct Taxes; and (b) if such functions relate to any other matter, unless they are entrusted by the Central Government to the Central Board of Direct Taxes, be discharged by the [2][the Central Board of Indirect Taxes and Customs]. **6. Transfer of certain proceedings.—(1) Every proceeding pending at the commencement of this** Act, before the Central Board of Revenue shall— (a) if it is a proceeding relating to direct taxes, stand transferred to the Central Board of Direct Taxes; and (b) in any other case stand transferred to the [2][the Central Board of Indirect Taxes and Customs]. (2) If any question arises as to whether any proceeding stands transferred to the Central Board of Direct Taxes or to [2][the Central Board of Indirect Taxes and Customs], it shall be referred to the Central Government whose decision thereon shall be final. 1. Subs. by Act 13 of 2018, s. 160, for “Excise and Customs” (w.e.f 29-3-2018). 2. Subs. by s. 160, ibid., for “the Central Board of Excise and Customs” (w.e.f 29-3-2018). 3. Subs. by Act 25 of 1978, s. 27 for “and not exceeding five” (w.e.f. 21-6-1978). ----- (3) In any legal proceeding pending at the commencement of this Act to which the Central Board of Revenue is a party,— (a) if it is a proceeding relating to direct taxes, the Central Board of Direct Taxes shall be deemed to be substituted for the Central Board of Revenue in such proceeding; and (b) if it is a proceeding relating to any other matter, [1][the Central Board of Indirect Taxes and Customs] shall be deemed to be substituted for the Central Board of Revenue in such proceeding. **7. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty. (2) An order under sub-section (1) may be made so as to have retrospective effect from a date not earlier than the date of the commencement of this Act. **8. Repeal and saving.—(1) The Central Board of Revenue Act, 1924 (4 of 1924), of is hereby** repealed. (2) Nothing contained in sub-section (1) shall affect any appointment, assessment, order (including quasi-judicial order) or rule made, or exemption, approval or recognition granted, or any notice, notification, direction or instruction issued, or any duty levied, or penalty or fine imposed, or confiscation adjudged, or any form prescribed, or any other thing done or action taken by the Central Board of Revenue under any law and any such appointment, assessment, order, rule, exemption, approval, recognition, notice, notification, direction, instruction, duty, penalty, fine, confiscation, form, thing or action shall be deemed to have been made, granted, issued, levied, imposed, adjudged, prescribed, done or taken by the Central Board of Direct Taxes, or as the case may be, by [1][the Central Board of Indirect Taxes and Customs] and shall continue to be in force unless and until it is revised, withdrawn or superseded by the concerned Board. 1. Subs. by Act 13 of 2018, s. 160, for “the Central Board of Excise and Customs” (w.e.f 29-3-2018). -----