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THE APPRENTICES ACT, 1961 ACTNO.52 OF 1961 [12th December, 1961 .] An Act to provide for the regulation and control of training of apprentices1*** and for matte rs connected therewith. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent, commencement and application .(1) This Act may be called the Apprentices Act, 1961. (2) It extends t o the whole of India2***. (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States. (4) The provisions of this Act shall not apply to (a) any area or to any industry in any area unless the Central Government by notification in the Official Gazette specifies that area or industry as an area or industry to which the said provisions shall apply with effect from such date as may be menti oned in the notification; 4* * * ** 5[(c) any such special apprenticeship scheme for imparting training to apprentices as may be notified by the Centr al Government in the Official Gazette.] 2. Definitions .In this Act, unless the context otherwise requires, 6[(a) All India Council means the All India Council of Technical Education established by the resolution of the Government of India in the former Ministry of Education No. F. 16 -10/44 -E.III, dated the 30th November, 1945;] 7[(aa)] apprentice means a person who is undergoing apprenticeship training 8*** in pursuance of a contract of apprenticeship; 6[(aaa) apprenticeship training means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices;] (b) Apprenticeship Adviser means the Central Ap prenticeship Adviser appointed under sub - section ( 1) of section 26 or the State Apprenticeship Adviser appointed under sub -section ( 2) of that section; (c) Apprenticeship Council means the Central Apprenticeship Council or the State Apprenticeship Counci l established unde r sub -section ( 1) of section 24; (d) appropriate Government means, (1) in relation to (a) the Central Apprenticeship Council, or 1. The words in trades omitted by Act 27 of 1973, s. 2 (w.e.f. 1 -12-1974). 2. The words except the State of Jammu and Kashmir omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15 -8-1968). 3. 1st March, 1962, vide notification No. G .S.R. 246, dated 12th February, 1962, see Gazette of India, Extraordinary, Part II, sec. 3( i) and t his Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s. 3 and the Schedule (w .e.f 1 -2-1965). 4. Clause ( b) omitted by Act 27 of 1973, s. 3 (w.e.f. 1 -12-1974). 5. Subs. by s. 3, ibid., for clause ( c) (w.e.f. 1 -12-1974). 6. Ins. by s. 4, ibid. (w.e.f. 1 -12-1974). 7. Clause ( a) re-lettered as clause ( aa) thereof by s. 4, ibid. (w.e.f. 1 -12-1974). 8. The words in a designated trade omitted by s. 4, ibid. (w.e.f. 1 -12-1974). 4 1[(aa) the Regional Boards, or (aaa) the practical training of graduate or technician apprentices or tech nician (vocational) apprentices, or] (b) any establishment of any railway, major port, mine or oilfield, or 2[(bb) any establishment which is operating business or trade from different locations situated in four or more States, or] (c) any establishment ow ned, controlled or managed by (i) the Central Government or a department of the Central Government, (ii) a company in which not less than fifty -one per cent . of the share capital is held by the Central Government or partly by that Government and partly by one or more State Governments, (iii) a corporation (including a co -operative society) established by or under a Central Act which is owned, controlled or managed by the Central Government, the Central Government; (2) in relation to (a) a State Apprentice ship Council, or (b) any establishment other than an establishment specified in sub -clause ( 1) of this clause, the State Government; 3[(dd) Board or State Council of Technical Education means the Board or State Council of Technical Education established by the State Government;] 4[(e) designated trade means any trade or occupation or any subject field in engineering or non - engineering or technology or any vocational course which the Central Government, after consultation with the Central Apprenticeship C ouncil, may, by notification in the Official Gazette, specify as a designated trad e for the purposes of this Act; ] (f) employer means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any pe rson entrusted with the supervision and control of employees in such establishment; (g) establishment includes any place where any industry is carried on 5[and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment] ; (h) establishment in private sector means an establishment which is not an establishment in public sector; (i) establishment in pub lic sector means an establishment owned, controlled or managed by (1) the Government or a department of the Government; (2) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); 1. Subs. by Act 41 of 1986, s. 2, for item ( aa) (w.e.f. 16 -12-1987). 2. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22 -12-2014). 3. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1 -12-1974). 4. Subs. by Act 29 of 2014, s. 2, for clause ( e) (w.e.f. 22 -12-2014). 5. Added by Act 4 of 1997, s. 2 (w.e.f. 8 -1-1997). 5 (3) a corporation (including a co -operati ve society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government; (4) a local authority; 1[(j) graduate or technician apprentice means an apprentice who holds, or is undergoing training in or der that he may hold a degree or diploma in engineering or non -engineering or technology or equivalent qualification granted by any institution recognised by the Government and undergoes apprenticeship training in any designated trade; (k) industry means any industry or business in which any trade, occupation or subject field in engineering or non -engineering or technology or any vocational course may be specified as a designated trade or optional trade or both; ] (l) National Council means the National Council for Training in Vocational Trades established by the resolution of the Government of India in the Ministry of Labour (Directorate General of Resettlement and Employment) No. TR/E.P.24/ 56, dated the 21st August, 1956 ;2[and re -named as the National C ouncil for Vocational Training by the resolution of the Government of India in the Ministry of Labour (Directorate -General of Employment and Training) No. DGET/12/21/80 -TC, dated the 30th September, 1981]; 3[(ll) optional trade means any trade or occupat ion or any subject field in engineering or non - engineering or technology or any vocational course as may be determined by the employer for the purposes of this Act; (lll) portal -site means a website of the Central Government for exchange of information u nder this Act;] (m) prescribed means prescribed by rules made under this Act; 4[(mm) Regional Board means any Board of Apprenticeship Training registered under the Societies Registration Act, 1860 (21 of 1860) at Bombay, Calcutta, Madras or Kanpur;] (n) State includes a Union territory; (o) State Council means a State Council for Training in Vocational Trades established by the State Government; (p) State Government in relation to a Union territory means the Administrator thereof; 2[(pp) technici an (vocational) apprentice means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognised by the All-India Council and undergoes apprenticeship training in any 5[designated trade ];] 6[(q) trade apprentice means an apprentice who undergoes apprenticeship training in any designated trade; (r) worker means any person working in the premises of the em ployer, who is employed for wages in any kind of work either directly or through any agency including a contractor and who gets his wages directly or indirectly from the employer but shall not include an apprentice referred to in clause ( aa).] 1. Subs. by Act 29 of 2014, s. 2, for clauses ( j) and ( k) (w.e.f. 22 -12-2014). 2. Ins. by Act 41 of 1986, s. 2 (w.e.f. 16 -12-1987). 3. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22 -12-2014). 4. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1 -12-1974). 5. Subs. by Act 29 of 2014, s. 2, for such subject field in any vocational course as may be prescribed (w.e.f. 22 -12-2014). 6. Subs. by s. 2, ibid., for clauses (q) and ( r) (w.e.f. 22 -12-2014). 6 CHAPTER I I APPRENTICES AND THEIR TRAINING 3. Qualification s for being engaged as an apprentice .A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he 1[(a) is not less than fourteen years of age, and for designated trades related to hazardous industries, not less than eighteen years of age; and] (b) satisfies such standards of education and physical fitness as may be prescribed: Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades2[and for different categories of apprentices]. 3[3A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated trades .(1) In every designated trade, tr aining places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes 4[and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of appre ntices in all the designated trades in such establishment] . (2) The number of training places to be reserved for the Scheduled Castes and the Scheduled Tribes under sub -section ( 1) shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the State concerned. Explanation. In this section, the expressions Scheduled Castes and Scheduled Tribes shall have the meanings as in clauses ( 24) and ( 25) of article 366 of the Constitution.] 5[3B. Reserva tion of training places for Other Backward Classes in designated trades .(1) In every designated trade, training places shall be reserved by the employer for the Other Backward Classes and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment. (2) The number of training places to be reserved for the Other Backward Classes under sub -section (1) shall be s uch as may be prescribed, having regard to the population of the Other Backward Classes in the State concerned.] 6[4. Contract of apprenticeship .(1) No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unles s such person or, if he is a minor, his guardian has entered into a contract of apprenticeship with the employer. (2) The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into un der sub -section ( 1). (3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract: Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule mad e thereunder. 7[(4) Every contract of apprenticeship entered into under sub -section ( 1) shall be sent by the employer within thirty days to the Apprenticeship Adviser until a portal -site is developed by the Central Government, and thereafter the details of contract of apprenticeship shall be entered on the portal -site within seven days, for verification and registration. 1. Subs. by Act 29 of 2014, s. 3, for clause ( a) (w.e.f. 22 -12-2014). 2. Added by Act 27 of 1973, s. 5 (w.e.f. 1 -12-1974). 3. Ins. by s. 6, ibid. (w.e.f. 1 -12

1974). 3. Ins. by s. 6, ibid. (w.e.f. 1 -12-1974). 4. Ins. by Act 41 of 1986, s. 4 (w.e.f. 16 -12-1987). 5. Ins. by Act 36 of 2007, s. 2 (w.e.f. 1 -2-2008). 6. Subs. by Act 27 of 1973, s. 7, for section 4 (w.e.f. 1 -12-1974). 7. Subs. by Act 29 of 2014, s. 4, for sub -section ( 4) (w.e.f. 22 -12-2014). 7 (4A) In the case of objection in the contract of apprenticeship, the Apprenticeship Adviser shall convey the objection to the employer wit hin fifteen days from the date of its receipt. (4B) The Apprenticeship Adviser shall register the contract of apprenticeship within thirty days from the date of its receipt.] 1* * * ** (6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, t he terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly.] 5. Novation of contract of apprenticeship .Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract and with the approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Adviser, shall be dee med to be the contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contr act shall be enforceable at the instance of any party to the contract against the other party thereto. 2[5A. Regulation of optional trade .The qualification, period of apprenticeship training, holding of test, grant of certificate and other conditions rela ting to the apprentices in optional trade shall be such as may be prescribed. 5B. Engagement of apprentices from other States. The employer may engage apprentices from other States for the purpose of providing apprenticeship training to the apprentices.] 6. Period of apprenticeship training .The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows: (a) in the case of 3[trade apprentices] who, having undergone institutional training in a school o r other institution recognised by the National Council, have passed the trade tests 4[or examinations] conducted by 5[that Council or by an institution recognised by that Council], the period of apprenticeship training shall be such as may be 6[prescribed] ; 7[(aa) in the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority or courses approved under any sche me which the Central Government may, by notification in the Official Gazette specify in this behalf, have passed the trade tests or examinations conducted by that Board or State Council or authority or by any other agency authorised by the Central Governme nt, the period of apprenticeship training shall be such as may be prescribed;] (b) in the case of other 3[trade apprentices], the period of apprenticeship training shall be such as may be prescribed; 8[(c) in the case of graduate or technician apprentices 9[technician (vocational) apprentices], the period of apprenticeship training shall be such as may be prescribed.] 1. Sub -section ( 5) omitted by 29 of 2014, s. 4 (w.e.f. 22 -12-2014 ). 2. Ins. by s. 5, ibid. (w.e.f. 22 -12-2014). 3. Subs. by Act 27 of 1973, s. 8, for apprentices (w.e.f. 1 -12-1974). 4. Ins. by Act 41 of 1986, s. 5 (w.e.f. 16 -12-1987). 5. Subs. by Act 27 of 1973, s. 8, for that Council (w.e.f. 1 -12-1974). 6. Subs. by Act 29 of 2014, s. 6, for determined by that Council (w.e.f. 22 -12-2014). 7. Subs. by s. 6, ibid., for clause ( aa) (w.e.f. 22 -12-2014). 8. Ins. by Act 27 of 1973, s. 8 (w.e.f. 1 -12-1974). 9. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16 -12-1987). 8 STATE AMENDMENTS Maharashtra Amendment of section 6 of 52 of 1961 .In section 6 of the Apprentices Act, 1961 (52 of 1961) , in its applicatio n to the State of Maharashtra (hereinafter referred to as the principal Act), for the existing clause (b), the following clause shall be substituted, namely: (b) in the case of other apprentices, the period of apprenticeship training shall be such as m ay be specified by the State Apprenticeship Council;. [Vide Maharashtra Act 17 of 2018, s. 2] Rajasthan Amendment of section 6, Central Act No. 52 of 1961. In the Apprentices Act, 1961 (Central Act No. 52 of 1961), in its application to the State of Raj asthan, hereinafter referred to as the principal Act, for the existing clause (b) of section 6, the following shall be substituted, namely: - (b) in the case of other apprentices, the period of apprenticeship training shall be such as may be prescribed by State Apprenticeship Council;. [Vide Rajasthan Act 2 of 2015, s. 2] 7. Termination of apprenticeship contract .(1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training. (2) Either party to a contract of app renticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereof to the other party to the contract. (3) After considering the contents of the applic ation and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditi ons of the contract and that it is desirable in the interests of the parties or any of them to terminate the same: Provided that where a contract is terminated (a) for failure on the part of the employer to carry out the terms and conditions of the contra ct, the employer shall pay to the apprentice such compensation as may be prescribed; (b) for such failure on the part of the apprentice , the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determine d by the Apprenticeship Adviser. 1[(4) Notwithstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a new employer, the Apprenticeship Adviser may, if he is satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer.] STATE AMENDMENTS Maharashtra Amendment of section 7 of 52 of 1961 .In section 7 of the principal Act, in sub -section (3), for the existing proviso, the following proviso shall be substituted, namely: Provided that, where a contract is terminated (a) for failure on the part of the employer to c arry out the terms and conditions of the contract, the employer shall pay to the apprentice one months stipend for which he is entitled as a compensation; 1. Ins. by A ct 4 of 1997, s. 3 (w.e.f. 8 -1-1997). 9 (b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to t he employer as cost of training one months stipend for which he is entitled.. [Vide Maharashtra Act 17 of 2018, s. 3] Rajasthan Amendment of section 7, Central Act No. 52 of 1961. For the existing proviso to sub -section (3) of section 7 of the principa l Act, the following shall be substituted, namely: - Provided that where a contract is terminated (a) for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensati on as may be determined by the State Apprenticeship Adviser; (b) for such failure on the part of the apprentice, the apprentice shall refund to the employer as cost of training, such amount as may be determined by the State Apprenticeship Adviser.. [Vide Rajasthan Act 2 of 2015, s. 3] 1[8. Number of apprentices for a designated trade. (1) The Central Government shall prescribe the number of apprentices to be engaged by the employer for designated trade and optional trade . (2) Several employers may join to gether either themselves or through an agency, approved by the Apprenticeship Adviser, according to the guidelines issued from time to time by the Central Government in this behalf, for the purpose of providing apprenticeship training to the apprentices un der them.] STATE AMENDMENTS Maharashtra Amendment of section 8 of 52 of 1961 .In section 8 of the principal Act, after the existing sub-section (1), the following sub -section shall be inserted, namely: (1A) Notwithstanding anything contai ned in sub -section (1), the establishment shall have to engage trade apprentices to the extent of minimum 2.5 per cent. and max imum 25 per cent. of the total strength of the employees of establishment including contractual or daily wages or whose services have been available through third party in any designated trades or optional trades for which activities are carried out in that establishment.. [Vide Maharashtra Act 17 of 2018, s. 4] Rajasthan Amendment of section 8, Central Act No. 52 of 1961 .For th e existing section 8 of the principal Act, the following shall be substituted, namely: - 8. Number of apprentices for a designated trade. - (1) The State Government shall, after consulting the State Apprenticeship Council, by order notified in the Official Gazette, determine for each designated trade the ratio of trade apprentices to workers other than unskilled workers in that trade: Provided that nothing contained in this sub -section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub -section. (2) In determining the ratio under sub -section (1), the State Government shall have regard to the facilities available for apprenticeship training under this Act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices or technician (vocational) apprentices, if any, in pursuance of a notice issued to him under sub -section 1. Subs. by Act 29 of 2014, s. 7, for section 8 (w.e.f. 22 -12-2014). 10 (3A) by the State Apprenticeship Adviser or such other person referred to in that sub - section. (3) The State Apprenticeship Adviser may, by notice in writing, require an employer to engage such number of trade apprentices within the ratio determined by the State Government for any designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition: Provided that in making any requisition under this sub -section, the State Apprenticeship Adviser shall have regard to the facilities actually available in the establishment concerned: Provided further that the State Apprenticeship Adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other relevant factors, permit him to engage such number of apprentices for a designated trade as is lesser than the number arrived at by the ratio for that trade, not being lesser than thirty percent of the number so arrived at, su bject to the condition that the employer shall engage apprentices in other trades in excess in number equivalent to such shortfall. (3A) The State Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authoris ed by the State Apprenticeship Adviser in writing in this behalf shall, having regard to - (i) the number of managerial person (including technical and supervisory persons) employed in a designated trade; (ii) the number of management trainees engaged in the establishment; (iii) the totality of the training facilities available in a designated trade; and (iv) such other factors as he may consider fit in the circumstances of the case; by notice in writing, require an employer to impart training to such n umber of graduate or technician app

case; by notice in writing, require an employer to impart training to such n umber of graduate or technician apprentices or technician (vocational) apprentices in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisition. Explanation. -In this sub -section the expression m anagement trainee means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer (not being apprenticeship training under this Act) subject to the condition that on successful completion of such trai ning, such person shall be employed by the employer on a regular basis. (4) Several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments. (5) Where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the State Government or in excess of the number specified in a notice issued under sub -section (3A) should in the opinion of the State Government be trained , the State Apprenticeship Adviser may require employers to train the additional number of apprentices. (6) Every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the State Government concerned makes available s uch additional 11 facilities and such additional financial assistance as are considered necessary by the State Apprenticeship Adviser for the training of the additional number of apprentices. (7) Any employer not satisfied with the decision of the State Appre nticeship Adviser under sub-section (6), may make a reference to the State Apprenticeship Council and such reference shall be decided by a Committee thereof appointed by the State Apprenticeship Council for the purpose and the decision of that Committee sh all be final.. [Vide Rajasthan Act 2 of 2015, s. 4] 9. Practical and basic training of apprentices .1[(1) Every employer shall make suitable arrangements in his workplace for imparting a course of practical training to every apprentice engaged by him.] (2) 2[The Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf] shall be given all reasonable facilities for access to each suc h apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme: Provided that 3[the State Apprenticeship Adviser or any other person not below the rank of an Assistant Apprent iceship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf] shall also be given such facilities in respect of apprentices undergoing training in establishments in relation to which the appropriate Government is the State Gover nment. 4[(3) Such of the trade apprentices who have not undergone institutional training in a school or other institution recognised by the National Council or any other institution affiliated to or recognised by a Board or State Council of Technical Educa tion or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, shall, before admission in the workplace for practical training, undergo a course of basic training and the course of basic train ing shall be given to the trade apprentices in any institute having adequate facilities.] (4) Where an employer employs in his establishment five hundred or more workers, the basic training shall be imparted to 5[the trade apprentices] either in separate p arts of the workshop building or in a separate building which shall be set up by the employer himself, but the appropriate Government may grant loans to the employer on easy terms and repayable by easy instalments to meet the cost of the land, construction and equipment for such separate building. 6* * * * * 7[(7) In the case of an apprentice other than a graduate or technic ian apprentice technician (vocational) apprentice, the syllabus of and the equipment to be utilised for, practical training including basic training in any designated trade shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council. (7A) In the case of graduate or technician apprentices or technician (vocational) apprentice s, the programme of apprenticeship training and the facilities required for such training in any designated trade shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.] 1. Subs. byAct 29 of 2014 , s. 8, for sub -section ( 1) (w.e.f. 22 -12-2014). 2. Subs. by Act 27 of 1973, s. 10, for The Central Apprenticeship Adviser (w.e.f. 1 -12-1974). 3. Subs. by s. 10, ibid., for The State Apprenticeship Adviser (w.e.f. 1 -12-1974). 4. Subs. by Act 29 of 2014, s. 8, for sub -section ( 3) (w.e.f. 22 -12-2014). 5. Subs. by Act 27 of 1973, s. 10, for the apprentices (w.e.f. 1 -12-1974) . 6. Sub -sections (4A), (4B), (5) and (6) omitted by Act 29 of 2014, s. 8 (w.e.f. 22 -12-2014). 7. Subs. by s. 8, ibid., for sub -section s (7) and ( 7A) (w.e.f. 22 -12-2014). 12 (8)(a) Recurring costs (including the cost of stipends) incurred by an employer in connection with 1[2[basic training] imparted to trade apprentices other than those referred to in clauses ( a) and ( aa)] of section 6 shall be borne (i) if such employer employs 3[two hundred and fifty] workers or more, by the employer; (ii) if such employer employs less than 3[two hundred and fifty] workers, by the employer and the Government in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone; and (b) recurring costs (including the cost of stipends) , if any, incurred by an employer in connection with 4[practical training including basic training, imparted to t rade apprentices referred to in clauses ( a) and ( aa)] of section 6 shall, in every case, be borne by the employer; 5[(c) recurring costs (excluding the cost of stipends) incurred by an employe r in connection with the practical training imparted to graduate or technician apprentices 6[technician (vocational) apprentices] shall be borne by the employer and the cost of stipends shall be borne by the Central Government and the employer in equal sha res up to such limit as may be laid down by the Central Government and beyond that limit by the employer alone 7[except apprentices who holds degre e or diploma in non -engineering .] STATE AMENDMENT Rajasthan Amendment of section 9, Central Act No. 52 of 1 961. In section 9 of the principal Act,- (i) for the existing sub -section (1), the following shall be substituted, namely: - (1) Every employer shall, make suitable arrangements in his establishment or, outsource the same to a suitable third party trai ning provider for imparting a course of practical training to every apprentice engaged by it in accordance with the programme approved by the State Apprenticeship Adviser.; and (ii) for the existing sub -clauses (i) and (ii) of clause (a) of sub -section (8 ), the following shall be substituted, namely: - (i) if such employer employs two hundred and fifty workers or more, by the employer and the Government in equal shares up to such a limit as may be laid down by the State Government and such amount shall be reimbursed by the State Government in each case of completion of successful training by the apprentice; (ii) if such employer employs less than two hundred and fifty workers, by the State Government alone and such amount up to such a limit as may be lai d down by the State Government shall be reimbursed by the State Government, and beyond that limit by the employer in each case of completion of successful training by the apprentice; and. [Vide Rajasthan Act 2 of 2015, s. 5] 10. Related instruction of ap prentices .(1)8[A trade apprentice] who is undergoing practical training in an establishment shall, during the period of practical training, be given a course of related instruction (which shall be appropriate to the trade) approved by the Central Governme nt in consultation 1. Subs. by Act 27 of 1973, s. 10, for practical training imparted to apprentices ot her than those referred to in clause ( a) (w.e.f. 1-12-1974). 2. Subs. by Act 4 of 1997, s. 5, for practical training, including basic training (w.e.f. 8 -1-1997). 3. Subs. by s. 5, ibid., for five hundred (w.e.f. 8 -1-1997). 4. Subs. by Act 27 of 1973, s. 10, for practical training imparted to apprentices referred to in clause ( a) (w.e.f. 1 -12-1974). 5. Ins. by s. 10 , ibid. (w.e.f. 1 -12-1974). 6. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16 -12-1987). 7. Ins. by Act 29 of 2014, s. 8 (w.e.f. 22 -12-2014). 8. Subs. by Act 27 of 1973, s. 11, for An apprentice (w.e.f. 1 -12-1974). 13 with the Central Apprenticeship Council, with a view to giving 1[the trade apprentice] such theoretical knowledge as he needs in order to become fully qualified as a skilled craftsman. 2[(2) Related instruction shall be imparted at the c ost of employer and the employer shall, when so required, afford all facilities for imparting such instruction.] (3) Any time spent by 3[a trade apprentice] in attending classes on related instruction shall be treated as part of his paid period of work. 4[(4) In the case of trade apprentices who, after having undergone a course of institutional training, have passed the trade tests conducted by the National Council or have passed the trade tests and examinations conducted by a Board or State Council of Tech nical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf , the related instruction may be given on such reduced or modified scale as may be prescribed. (5) Where any person has, during his course in a technical institution, become a graduate or technician apprentice 5[technician (vocational) apprentice] and during his apprenticeship training he has to receive related instruction, then, the employer shall release such person from practical training to receive the related instruction in such institution, for such period as may be specified by the Central Apprenticeship Adviser or by any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf.] 11. Obligations of employers .Without prejudice to the other provisions of this Act , every employer shall have the following obligations in relation to an apprentice, namely: (a) to provide the apprentice with the training in his trade in accordance with the provisions of this Act, and the rules made thereunder; (b) if the employer is not himself qualified in the trade, to ensure that a person6[who possesses the prescribed qualifications] is placed in char ge of the training of the apprentice;7*** 8[(bb) to provide adequate instructional staff, possessing such qualifications as may be prescribed , for imparting practical and theoretical training and facilities for trade test of apprentices; and] (c) to carry out his obligations under the contract of apprenticeship. 12. Obligations of apprentices .9[(1)] 10[Every trade apprentice] undergoing apprenticeship training shall have the following obligations, namely: (a) to learn his trade conscientiously and diligent ly and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training; (b) to attend practical and instructional classes regularly; (c) to carry out all lawful orders of his employer and superiors in the establishment; and (d) to carry out his obligations under the contract of apprenticeship. 11[(2) Every graduate or technician apprentice 12[technician (vocational) apprentice] undergoing apprenticeship training shall have th e following obligations, namely : 1. Subs. by Act 27 of 1973, s. 11, for the apprentice (w.e.f. 1 -12-1974). 2. Subs.by Act 36 of 2007, s. 4 (w.e.f. 1 -2-2008). 3. Subs. by Act 27 of 1973, s. 11, for an apprentice ( w.e.f. 1 -12-1974). 4. Subs. by s. 11, ibid., for sub -section ( 4) (w.e.f. 1 -12-1974). 5. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16 -12-1987). 6. Subs. by Act 27 of 1973, s. 12, for duly qualified (w.e.f. 1 -12-1974). 7. The word and omitted by Act 4 of 1997 , s. 6 (w.e.f. 8 -1-1997). 8. Ins. by s. 6, ibid. (w.e.f. 8 -1-1997). 9. Section 12 re -numbered as sub -section ( 1) thereof by Act 27 of 1973, s.

Section 12 re -numbered as sub -section ( 1) thereof by Act 27 of 1973, s. 13 (w.e.f. 1 -12-1974). 10. Subs. by s. 13, ibid., for Every apprentice (w.e.f. 1 -12-1974). 11. Ins. by s. 13, ibid. (w.e.f. 1 -12-1974). 12. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16 -12-1987). 14 (a) to learn his su bject field in engineering or technology 7[or vocational course] conscientiously and diligently at his place of training; (b) to attend the practical and instructional classes regularly; (c) to carry out all lawful orders of his employer and superiors in t he establishment; (d) to carry out his obligations under the contract of apprenticeship which shall include the maintenance of such records of his work as may be prescribed.] 13. Payment to apprentices .(1) The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the1[prescribed minimum rate, or the rate which was being paid by the employer on 1st January, 1970 to the category of apprentices under which such apprentice falls, whichever is h igher,] as may be specified in the contract of apprenticeship and the stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed. 2[(2) An apprentice shall not be paid by his employer on the basis of piece work nor shall he be required to take part in any output bonus or other incentive scheme.] STATE AMENDMENT Maharashtra Amendment of section 13 of 52 of 1961 .In section 13 of the principal Act, after the existing sub - section (1), the following sub -sections shall be inserted, namely: (1A) The minimum rate of stipend per month payable to trade apprentices who do training for eight hours per day shall be as follows, namely: (a) During the first year of training . . Seventy per cent. of minimum wages of semi -skilled workers not ified by the State. (b) During the second year of training . .Eighty per cent. of minimum wages of semi -skilled workers notified by the State. (c) During the third year of training . .Ninety per cent. of minimum wages of semi -skilled workers notified by the State. (1B) The trade apprentices who do training for minimum four hours per day, the rate of stipend per month shall be fifty per cent. of the rates mentioned in clauses (a), (b) and (c) of sub -section (1A), respectively: Provided that, in the case w here the minimum rate of wage for a trade is not notified by the State, then the maximum of minimum wages of the Scheduled Employment notified by the State for semi - skilled workers shall be taken into account for paying the stipend in respect of that trade : Provided further that, in the case of trade apprentices referred to in clause (a) of section 6 of the Act, the period of training already undergone by them in a school or other institution recognized by the State Council, shall be taken into account for the purpose of determining the rate of stipend payable.. [VideMaharashtra Act 17 of 2018, s. 5]. Rajasthan Amendment of section 13, Central Act No. 52 of 1961. For the existing section 13 of the principal Act, the following shall be substituted, namely: - 1. Subs. by Act 27 of 1973, s. 14, for prescribed minimum rate (w.e.f. 1 -12-1974). 2. Subs. by s. 14, ibid., for sub -section ( 2) (w.e.f. 1 -12-1974). 15 13. Payment to apprentices. - The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the minimum wages notified by State Government under the Minimum Wages Act, 1948 (Central Act No. 1 1 of 1948) for unskilled worker category, as may be specified in the contract of apprenticeship and the stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed.. [Vide Rajasthan Act 2 of 2015, s. 6] 14. Health, safety and welfare of apprentices .Where any apprentices are undergoing training in a factory, the provisions of Chapter s III, IV and V of the Factories Act, 1948 (63 of 1948), shall apply in relation to the health, safety and welfare of the apprenti ces as if they were workers within the meaning of that Act and when any apprentices are undergoing training in a mine, the provisions of Chapter V of the Mines Act, 1952 (35 of 1952), shall apply in relation to the health and safety of the apprentices as i f they were persons employed in the mine. STATE AMENDMENT Rajasthan Amendment of section 14, Central Act No. 52 of 1961. For the existing section 14 of the principal Act, the following shall be substituted, namely: - 14. Health, safety and welfare of app rentices. - Where any apprentices are undergoing training in a factory, the provisions of Chapters III, IV and V of the Factories Act, 1948 (Central Act No. 63 of 1948), shall apply in relation to the health, safety and welfare of the apprentices as if they were workers within the meaning of that Act and when any apprentices are undergoing training in a mine, the provisions of Chapter V of the Mines Act, 1952 (Central Act No. 35 of 1952), shall apply in relation to the health, safety and welfare of the appr entices as if they were persons employed in the mine and when any apprentices are undergoing training in a shop or commercial establishment, the provisions of the Rajasthan Shops and Commercial Establishments Act,1958 (Act No. 31 of 1958), shall apply in r elation to the health, safety and welfare of the apprentices as if they were persons employed in the shop or establishment.. [Vide Rajasthan Act 2 of 2015, s. 7] 15. Hours of work, overtime, leave and holidays .1[(1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workplace shall be as determined by the employer subject to the compliance with the training duration, if prescribed.] (2) No apprentice shall be required or allowed to work overtime except with the ap proval of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest. 2[(3) An apprentice shall be entitled to such leave and holiday s as are observed in the establishment in which he is undergoing training.] 16. Employer s liability for compensation for injury .If personal injury is caused to an apprentice by accident arising out of and in the course of his training as an apprentice, h is employer shall be liable to pay compensation which shall be determined and paid, so far as may be, in accordance with the provisions of the Workmen s Compensation Act, 1923 (8 of 1923), subject to the modific ation s specified in the Schedule. 1. Subs. by Act 29 of 2014 , s. 9, for sub -section ( 1) (w.e.f. 22 -12-2014). 2. Subs. by s. 9, ibid., for sub -section ( 3) (w.e.f. 22 -12-2014). 16 17. Condu ct and discipline .In all matters of conduct and discipline, the apprentice shall be governed by the rules and regulations 1[applicable to employees of the corresponding category] in the establishment in which the apprentice is undergoing training. 18. Apprentices are trainees and not workers .Save as otherwise provided in this Act, (a) every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and (b) the provisions of any law with re spect to labour shall not apply to or in relation to such apprentice. 19. Records and returns .(1) Every employer shall maintain records of the progress of training of each apprentice undergoing apprenticeship training in his establishment in such form as may be prescribed. 2[(2) Until a portal -site is developed by the Central Government, every employer shall furnish such information and return in such form as may be prescribed, to such authorities at such intervals as may be prescribed. (3) Every employer shall also give trade -wise requirement and engagement of apprentices in respect of apprenticeship training on portal -site developed by the Central Government in this regard.] 20. Settlement of disputes .(1) Any disagreement or dispute between an employer a nd an apprentice arising out of the contract of apprenticeship shall be referred to the Apprenticeship Adviser for decision. (2) Any person aggrieved by the decision of the Apprenticeship Adviser under sub -section ( 1) may, within thirty days from the date of communication to him of such decision, prefer an appeal against the decision to the Apprenticeship Council and such appeal shall be heard and determined by a Committee of that Council appointed for the purpose. (3) The decision of the Committee under su b-section ( 2) and subject only to such decision, the decision of the Apprenticeship Adviser under sub -section ( 1) shall be final. 21. Holding of test and grant of certificate and conclusion of training .3[(1) Every trade apprenticewho has completed the per iod of training may appear for a test to be conducted by the National Council or any other agency authorised by the Central Government to determine his proficiency in the designated trade in which he has undergone apprenticeship training] . (2) Every4[trade apprentice] who passes the test referred to in sub -section ( 1) shall be granted a certificate of proficiency in the trade by the National Council 5[or by the other agency authorised by the Central Government]. 6[(3) The progress in apprenticeship training of every graduate or technician apprentice7[technician (vocational) apprentice] shall be assessed by the employer from time to time. 8[(4) Every graduate or technician apprentice or technician (vocational) apprentice, who completes his apprenticeship trai ning to the satisfaction of the concerned Regional Board, shall be granted a certificate of proficiency by th at Board.] ] STATE AMENDMENTS Maharashtra Amendment of section 21 of 52 of 1961 .In section 21 of the principal Act, (i) after the existing sub -section (1), the following sub -section shall be inserted, namely: 1. Subs. by Act 27 of 1973, s. 15, for applicable to workers in the trade (w.e.f. 1 -12-1974). 2. Subs. by Act 29 of 2014, s. 10, for sub -section ( 2) (w.e.f. 22 -12-2014). 3. Subs. by Act 29 of 2014, s. 11, for sub -section ( 1) (w.e.f. 22 -12-2014). 4. Subs. by Act 27 of 1973, s. 16, for apprentice (w.e.f. 1 -12-1974). 5. Ins. by Act 29 of 2014, s. 11 (w.e.f. 22 -12-2014). 6. Ins. by Act 27 of 19 73, s. 16 (w.e.f. 1 -12-1974). 7. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16 -12-1987). 8. Subs. by s. 6, ibid., for sub -section ( 4) (w.e.f. 16 -12-1987). 17 (1A) For apprentices successfully completed the training period in the trade designated by the State Apprenticeship Council (other than the trade designated and prescribed by the Central Gove rnment), may appear for a test to be conducted by the State Council of Vocational Training or any other agency authorised by the State Government to determine his proficiency in the trade designated by the State Apprenticeship Council in which he has under gone apprenticeship training.; (ii) after the existing sub -section (2), the following sub -section shall be inserted, namely: (2A) Every apprentice , who passes the test referred to in sub -section (1A) shall be granted a certificate of proficiency in the trade by the State Council of Vocational Training or by the other agency authorised by the State Government.. [Vide Maharashtra Act 17 of 2018, s. 6]. 22. Offer and acceptance of employment .1[(1) Every employer shall formulate its own policy for recruiti ng any apprentice who has completed the period of apprenticeship training in his establishment.] (2) Notwithstanding anything in sub -section ( 1), where there is a condition in a contract of apprenticeship that the apprentice shall, after the successful com pletion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on suc h remuneration as may be specified in the contract: Provided that where such period or remuneration is not, in the opinion of the Apprenticeship Adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer. CHAPTER III AUTHORITIES 23. Authorities .(1) In addition to the Government there shall be the following authorities under

III AUTHORITIES 23. Authorities .(1) In addition to the Government there shall be the following authorities under this Act, n amely: (a) The National Council, (b) The Central Apprenticeship Council, (c) The State Council, (d) The State Apprenticeship Council, 2[(e) The All India Council, (f) The Regional Boards, (g) The Boards or State Councils of Technical Education,] 3[(h)] The Central Apprenticeship Adviser, and 4[(i)] The State Apprenticeship Adviser. (2) Every State Council shall be affiliated to the National Council and every State Apprenticeship Council shall be affiliated to the Central Apprenticeship Council. 2[(2A) Ev ery Board or State Council of Technical Education and every Regional Board shall be affiliated to the Central Apprenticeship Council.] (3) Each of the authorities specified in sub -section ( 1) shall, in relation to apprenticeship training under this Act, pe rform such functions as are assigned to it by or under this Act or by the Government: 1. Subs. by Act 29 of 2014, s. 12, for sub -section ( 1) (w.e.f. 22 -12-2014). 2. Ins. by Act 27 of 1973, s. 17 (w.e.f. 1 -12-1974). 3.Item ( e) re-lettered as item ( h) thereof by s. 17, ibid. (w.e.f. 1 -12-1974). 4. Item ( f) re-lettered as item ( i) thereof by s. 17, ibid. (w.e.f. 1 -12-1974). 18 Provided that a State Council shall also perform such functions as are assigned to it by the National Council and the State Apprenticeship Council 1[and the Board or Stat e Council of Technical Education] shall also perform such functions as are assigned to it by the Central Apprenticeship Council. STATE AMENDMENT Rajasthan Amendment of section 23, Central Act No. 52 of 1961 . For the existing sub -section (2) of section 23 of the principal Act, the following shall be substituted, namely: - (2) Every State Council may be affiliated to the National Council and every State Apprenticeship Council may be affiliated to the Central Apprenticeship Council.. [Vide Rajasthan Act 2 of 2015, s. 7] 24. Constitution of Councils .(1) The Central Government shall, bynotification in the Official Gazette, establish the Central Apprenticeship Council and the State Government shall, by notification in the Official Gazette, establish the State A pprenticeship Council. (2) The Central Apprenticeship Council shall consist of 2[a Chairman and a Vice -Chairman] and such number of other members as the Central Government may think expedient, to be appointed by that Government by notification in the Offic ial Gazette from among the following categories of persons, namely: (a) representatives of employers in establishments in the public and private sectors, (b) representatives of the Central Government and of the State Governments, 3*** (c) persons having s pecial knowledge and experience on matters relating to 4[industry, labou r and technical education, and] 5[(d) representatives of the All India Council and of the Regional Boards.] (3) The number of persons to be appointed as members of the Central Apprenti ceship Council from each of the categories specified in sub -section ( 2), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as may be prescribed. (4) The State Apprenticeship Council shall consist of 2[a Chairman and a Vice -Chairman] and such number of other members as the State Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely: (a) representatives of employers in establishments in the public and private sectors, (b) representatives of the Central Government and of the State Government 5*** (c) persons having special knowled ge and experience of matters relating to 6[industry, labou r and technical education, and] 7[(d) representatives of the Board or of the State Council of Technical Education.] (5) The number of persons to be appointed as members of the State Apprenticeship C ouncil from each of the categories specified in sub -sections ( 4), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as the State G overnment may, by notification in the Official Gazette, determine. (6) The fees and allowances, if any, to be paid to 6[the Chairman and the Vice -Chairman] and the other members of the Central Apprenticeship Council, shall be such as may be determined by t he Central Government and the fees and allowances, if any, to be paid to 6[the Chairman and the Vice -Chairman] 1. Ins. by Act 27 of 1973, s. 17 (w.e.f. 1 -12-1974). 2. Subs. by s. 18, ibid.,for a Chairman (w.e.f. 1 -12-1974). 3. The word and omitted by s. 18, ibid. (w.e.f. 1 -12-1974). 4. Subs. by s. 18, ibid., for industry and labour (w.e.f. 1 -12-1974). 5. Ins. by s. 18, ibid. (w.e.f. 1 -12-1974). 6. Subs. by Act 27 of 1973 , s. 18, for the Chairman (w.e.f. 1 -12-1974). 19 and the other members of the State Apprenticeship Council shall be such as may be determined by the State Government. 25. Vacancies not to invali date acts and proceedings .No act done or proceeding taken by the National Council, the Central Apprenticeship Council, the State Council or the State Apprenticeship Council under this Act shall be questioned on the ground merely of the existence of any va cancy in, or defect in the constitution of, such Council. 26. Apprenticeship Advisers .(1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Central Apprenticeship Adviser. (2) The State Government shal l, by notification in the Official Gazette, appoint a suitable person as the State Apprenticeship Adviser. (3) The Central Apprenticeship Adviser shall be the Secretary to the Central Apprenticeship Council and the State Apprenticeship Adviser shall be Sec retary to the State Apprenticeship Council. 27. Deputy and Assistant Apprenticeship Advisers .(1) The Government1[may appoint suitable persons as Additional, Joint, Regional, Deputy and Assistant Apprenticeship Advisers] to assist the Apprenticeship Advise r in the performance of his functions. (2)2[Every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser] shall, subject to the control of the Apprenticeship Adviser, perform such functions as may be assigned to him by the Apprenticeship A dviser. 28. Apprenticeship Advisers to be public servants .Every Apprenticeship Adviser and3[every Additional, Joint, Regional, Deputy or Assistant Apprenticeship Adviser] appointed under this Act shall be deemed to be a public servant within the meaning o f section 21 of the Indian Penal Code (45 of 1860). 29. Powers of entry, inspection, etc .(1) Subject to any rules made in this behalf, the4[Central Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central Apprenticeship Adviser in writing in this behalf] may (a) with such assistants, if any, as he thinks fit, enter, inspect and examine any establishment or part thereof at any reasonable time; (b) examine any apprentice empl oyed therein or require the production of any register , record or other documents maintained in pursuance of this Act and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (c) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed in the establishment; (d) exercise such other powers as may be prescribed: Provided that5[a State A pprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the State Apprenticeship Adviser in writing in this behalf] may also exercise any of the powers specified in clause ( a), (b), (c) or (d) of this sub -section in relation to establishments for which the appropriate Government is the State Government. (2) Notwithstanding anything in sub -section ( 1), no person shall be compelled under this section to answer any question or make any stat ement which may tend directly or indirectly to incriminate him. 30. Offences and penalties. 6[(1) If any employer contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions, he shall b e given a month s notice in writing, by an officer duly authorised in this behalf by the appropriate Government, for explaining the reasons for such contravention. 1. Subs. by Act 27 of 1973, s. 19, ibid., for may appoint suitable persons as Deputy and Assistant Apprenticeship Advisers (w.e.f. 1 -12-1974). 2. Subs. by s. 19, ibid., for Every Deputy or Assistant Apprenticeship Advisers (w.e.f. 1 -12-1974). 3. Subs. by s. 20, ibid., for every Deputy or Assistant Apprenticeship Advisers (w.e.f. 1 -12-1974). 4. Subs. by s. 21, ibid., for Central Apprenticeship Adviser (w.e.f. 1 -12-1974). 5. Subs. by s. 21, ibid., for a State Apprenticeshi p Advisers (w.e.f. 1 -12-1974). 6. Subs. by Act 29 of 2014, s. 13, for sub -section ( 1) (w.e.f. 22 -12-2014). 20 (1A) In case the employer fails to reply the notice within the period specified under sub -section ( 1), or the authorised officer, after giving him an opportunity of being heard, is not satisfied with the reasons given by the employer, he shall be punishable with fine of five hundred rupees per shortfall of apprenticeship month for first three mon ths and thereafter one thousand rupees per month till such number of seats are filled up.] (2) If any employer or any other person (a) required to furnish any information or return (i) refuses or neglects to furnish such information or return, or (ii) furnishes or causes to be furnished any information or return which is false and which he either knows or believes to be false or does not believe to be true, or (iii) refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished by him, or (b) refuses or wilfully neglects to afford1[the Central or the State Apprenticeship Advise r or such other person , not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central or the State Apprenticeship Adviser in writing in this behalf], any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this Act, or (c) requires an apprentice to work overtime without the approval of the Appre nticeship Adviser, or (d) employs an apprentice on any work which is not connected with his training, or (e) makes payment to an apprentice on the basis of piecework, or (f) requires an apprentice to take part in any output bonus or incentive scheme, 2[(g) engages as an apprentice a person who is not qualified for being so engaged, or (h) fails to carry out the terms and conditions of a contract of apprenticeship.] he shall be punishable with 3[fine of one thousand rupees for every occurrence]. 2[(2A) The p rovisions of this section shall not apply to any establishment or industry which is under the Board for Industrial and Financial Reconstruction established under the Sick Industrial Companies (Special Provisions) Act, 198 5 (1 of 1986) .] 31. Penalty where n o specific penalty is provided .If any employer or any other person contravenes any provision of this Act for which no punishment is provided in section 30, he shall be punishable with fine4[which shall not be less than one thousand rupees but may extend t o three thousand rupees]. 32. Offences by companies .(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to , the company for the conduct of busin ess of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub -section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub -section ( 1), where an offence un der this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other 1. Subs. by Act 27 of 1973, s. 22, for the Central or the State Apprenticeship Advisers (w.e.f. 1 -12-1974). 2. Ins. by Act 29 of 2014, s. 13 (w.e. f. 22-12-2014). 3. Subs. by s. 13, ibid., for imprisonment for a term which may extend to six months or with fine or

3. Subs. by s. 13, ibid., for imprisonment for a term which may extend to six months or with fine or with both (w.e.f. 22 -12-2014). 4. Subs. by Act 4 of 1997, s. 7, for which may extend to five hundred rupees (w.e.f. 8 -1-1997). 21 officer of the company, such director, manager, secretary , or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. For the purposes of this section, (a) company means a body corporate and includes a firm or other association of individuals; and (b) director in relation to a firm means a partner in the firm. 33. Cognizance of offences .No court shall take cognizance of any offence under this Act or the rules made thereunder except on a co mplaint thereof in writing made by the Apprenticeship Adviser1[or the officer of the rank of Deputy Apprenticeship Adviser and above] within six months from the date on which the offence is alleged to have been committed. 34. Delegation of powers .The appr opriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direc tion, be exercisable also (a) where the appropriate Government is the Central Government , by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; and (b) where the appropriate Government is the State Government, by such officer or authority subordinate to the State Government as may be specified in the notification. 35. Construction of references .(1) Any refer ence in this Act or in the rules made thereunder to the Apprenticeship Council shall, unless the context otherwise requires, mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the Central Government i s the appropriate Government, the Central Apprenticeship Council and in relation to apprenticeship training in a designated trade in an establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Council. (2) Any reference in this Act or in the rules made thereunder to the Apprenticeship Adviser shall, unless the context otherwise requires, (a) mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the C entral Government is the appropriate Government, the Central Apprenticeship Adviser and in relation to apprenticeship training in a designated trade in an establishment in relation to which the State Government is the appropriate Government, the State Appr enticeship Adviser; (b) be deemed to include2[an Additional, a Joint, a Regional, a Deputy or an Assistant Apprenticeship Adviser] performing the functions of the Apprenticeship Adviser assigned to him under sub -section ( 2) of section 27. 36. Protection of action taken in good faith .No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act. 37. Power to make rules .(1) The Central Government may, after consulti ng the Central Apprenticeship Council, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. 3[(1A) The powers to make rules under this section shall include the power to make such rules or any of them retrospective ly from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable. ] 1. Ins. b y Act 4 of 1997, s. 8 (w.e.f. 8 -1-1997). 2. Subs. by Act 27 of 1973, s. 23, for a Deputy or Assistant Apprenticeship Adviser (w.e.f. 1 -12-1974). 3. Ins. by Act 29 of 2014, s. 14 (w.e.f. 22 -12-2014). 22 (2) Rules made under this Act may provide that a contravention of any such rule shall be punishable with fine which may extend to fifty rupees. (3) Every rule made under this section shall be laid as soon as may be after it is made before each House of P arliament which it is in session for a total period of thirty days which may be comprised in one session1[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid ] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made , the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 38. [Repeal. ]Rep. by the Repealing and Amending Act, 1964(52 of 1964), s. 2 and the First Schedule (w.e.f. 29-12-1964). 1. Subs. by Act 27 of 1973 , s. 24, for certain words ( w.e.f. 1 -12-1974). 23 THE SCHEDULE [See section 16] MODIFICATIONS IN THE WORKMEN S COMPENSATION ACT, 1923 IN ITS APPLICATION TO APPRENTICES UNDERTHE APPRENTICES ACT, 1961 In the Workmen s Compensation Act, 1923, (1) in section 2, (a) for clause ( e), substitute (e) employer means an employer as defined in the Apprentices Act, 1961, who has engaged one or more apprentices ,; (b) omit clause ( k); (c) for clause ( m), substitute (m) wages means the stipend payable to an apprentice under section 13( 1) of the Apprentices Act, 1961 ,; (d) for clause ( n), subst itute (n) workman means any person who is engaged as an apprentice as defined in the Apprentices Act, 1961, and who in the course of his Apprenticeship training is employed in any such capacity as is specified in Schedule II ,; (2) omit section 12; (3) omit section 15; (4) omit the proviso to section 21( 1); (5) omit the words or a registered Trade Union in section 24; (6) omit clause ( d) in section 30 ( 1); (7) omit clauses ( vi), (xi), (xiii), (xvii), (xviii), (xx), (xxii), (xxiv), (xxv) and ( xxxii ) in Schedule II. AMENDMENT REGD. NO. D. L.-33004/99 EXTRAORDINARY PART IISection 3Sub-section (i) PUBLISHED BY AUTHORITY MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP NOTIFICATION New Delhi, the 25th September, 2019 G.S.R. 686(E). In exercise of the powers conferred by sub-section (1) of section 37 of the Apprentices Act, 1961 (52 of 1961) and after consulting the Central Appre nticeship Council, the Central Government hereby ma kes the following rules further to amend the Apprenticeship Rules, 19 92, namely: - 1. (1) These rules may be called the Appren ticeship (Amendment) Rules, 2019. (2) They shall come into force on the date of the ir publication in the Official Gazette. 2. In the Apprenticeship Rules, 1992 (hereinafter referred to as the principal rules), in rule 2, /uni2500 (i) After clause (1), the following clause shall be inserted, namely: (1A) Degree apprentice means an apprentice under going a course in order that he may hold a degree granted by any recognized institution or uni versity and undergoing apprenticeship training as an integrated component of the curricul a;; (ii) After clause (3), the following clause shall b e inserted, namely: (3A) Fresher apprentice means a non-graduate apprentice , who has not undergone any institutional training or skill training, before taking up on-the -job training or practical training under the Apprentices Act, 1961;; (iii) After clause (4), the following clause shall be inserted, namely: (4A) National or State Certificate holder means a person, who holds a certificate issued by National Council for Vocational Training or State C ouncil for Vocational Training or any authority recognized by Central Government for awar ding such certificates or any other successor entity for vocational training of one yea r and more;; (iv) After clause (6), the following clause shall be inserted, namely: (6A) Regional Directorate of Skill Development and Entre preneurship means the regional offices of the Directorate General of Training, which is an attached office of the Ministry of Skill Development and Entrepreneurship;; (v) After clause (7), the following claus es shall be inserted, namely: (7A) School pass out is a person, who has done h is or her schooling from a recognized School or Board;; (7AA) Sector Skill Council means an industry-le d organization set up as an autonomous body as provided under National Skills Qualifications Frame work by National Skill Development Corporation or any other body as decided by Ministr y of Skill Development and Entrepreneurship;; (7AAA) Skill Certificate holder means a person, who holds a skill certificate for t raining of less than one year, issued by an awarding body recognized und er National Skills Qualifications Framework or any other authority recognized by the Central government in this regard;; 3. In rule the principal rules, in rule 7A,- (i) for sub-rule (3), the following sub-rule shall be substituted, namely:- (3) The period of apprenticeship training for opti onal trade shall be a minimum of six months to a ma ximum of three years;; (ii) sub-rule (8), sub-rule (10), sub-rule (11), sub-rul e (12) and sub-rule (13) shall be omitted; (iii) after sub-rule (17), the following sub-rule shall b e inserted, namely:- 6 THE GAZETTE OF INDIA : EXTRAORDINARY [P ART IIS EC . 3(i)] (18) (a) Every apprentice undergoing apprenticesh ip training in an establishment shall be a trainee and not a worker. (b) The provisions of any law with respect to labou r shall not apply to or in relation to such an apprentice.. 4. In the principal rules, in rule 7B,- (i) for sub-rule (1), the following sub-rule shall be s ubstituted, namely:- (1) The employers having four or more workers shal l only be eligible to engage apprentices and engagement of apprentices by establishment having t hirty or more number of workers shall be obligatory.; (ii) for sub-rule (3) and (4), the following sub-rules shall respectively be substituted,namely:- (3) Within a financial year, each establishment s hall engage apprentices in a band of 2.5 per cent. to 15 per cent. of the total strength of the establishment in cluding contractual staff, subject to a minimum of 5 per cent. of the total to be reserved for fresher appre ntices and skill certificate holder apprentices. (4) In no month, number of apprentices should be le ss than 2 per cent. of the total strength of the establishment and more than 18 per cent. of the tot al strength of the establishment subject to the condition that he shall fulfill apprentice months c orresponding to minimum 2.5 per cent. obligation in a financial year.. 5. In the principal rules, in rule 11,- (i) for sub-rule (1), the following sub-rules shall be substituted, namely:- (1) The minimum rate of stipend payable to apprentices per month shall be as per the qualifica tions stipulated in the curriculum. The minimum rate of s tipend payable to apprentices per month shall be follows, namely:- Serial number Category Prescribed minimum amount of stipend (1) (2) (3) (i) School pass -outs ( class 5 th - class 9 th ) ` 5000 per month (ii) School pass-outs ( class 10 th ) ` 6000 per month (iii) School pass-outs ( class 12 th ) ` 7000 per month (iv) National or State Certificate holder ` 7000 per month (v) Technician (vocational) apprentice or Vocation al Certificate holder or Sandwich Course (Students from Diploma Institutions) ` 7000 per month (vi) Technician apprentices or diploma holder in any stream or sandwich course (students from degree institutions) ` 8000 per month (vii) Graduate apprentices or degree apprentices o r degree in any stream ` 9000 per month (1A) In the case of Skill Certificate Holder, stipe nd payable per month shall be as per his/her educat ional qualification as mentioned in the table above. (1AA) During the second year of apprenticeship training, there shall be an increase of 10 per cent . in the prescribed minimum stipend amount and further 15 pe r cent. increase in the prescribed minimum stipend amount during the third year of apprentices hip training. (1AAA) In the case of National or State Cert ificate holder, the period of training already unde rgone by him or her in a school or other institution recognized by the National Council or State Council, shall be taken into account for the purpose of determining t he minimum payable rate of stipend. (1AAAA) In the case of Fresher apprentice, du ring Basic Training for a period up to three months , the stipend amount to be paid by the establishment shall be 50 Per cent. of the prescribed stipend. Further, in ca se Hkkx II[k

by the establishment shall be 50 Per cent. of the prescribed stipend. Further, in ca se Hkkx II[k.M 3(i)] Hkkjr dk jkti=k % vlk/kj.k 7 of simultaneous Basic Training (BT) and On-the-Job Training, full amount of the stipend is to be paid.; (ii) sub-rule (2) shall be omitted. 6. In the principal rules, in rule 12,- (i) for sub-rule (2), the following sub-rule shall be substituted, namely:- (2) An establishment can engage apprentices of age eighteen and above in normal working hours of the establishment. Apprentices under the age of eightee n shall be engaged in such training between the hours of 8.00 am and 6.00 pm. Any relaxation in the same shall be approved by the Apprenticeship Adviser, on case to case basis.; (ii) sub-rule (3) shall be omitted. 7. In the principal rules, in the Schedule- I,- (i) Under Group No. 14, relating to the Printing Group of Trades - (iv.) Litho Offset group: , agai nst serial numbers 2, (a) In column 5, the entry 1. Litho Offset Machine Minder shall be inserted; (b) In column 6, against item 1 relating to Litho O ffset Machine Minder, the entry One year shall be inserted. (ii) Under Group No. 21, relating to the Leather C rafts Trades Group: , against serial number 2, (a) In column 5, in place of the entry Manufacturer of suitcase and other Leather goods, the entry 1. Manufacturer of suitcase and other Leather good s shall be substituted. (b) In column 5, after the existing entry, the entry 2 . Leather goods maker shall be inserted. (c) In column 6, against item 2 relating to Leather goo ds maker, the entry One year shall be inserted. (iii) Under Group No. 21, relating to the Leather Crafts Trades Group:, against serial number 3, (a) In column 5, in place of the entry Manufacture of Footwear, the entry 1. Manufacturer of footwear shall be substituted ; (b) In column 6, against item 1 relating to Manufacture r of Footwear, the entry One year shall be substituted; (c) In column 5, after the existing entry, the entry 2 . Footwear Maker shall be inserted; (d) In column 6, against item 2 relating to Footwear Ma ker, the entry One year shall be inserted. (iv) Under Group No. 35, relating to the Centre of Excellence Trades Group Leather Crafts Trades Grou p:, against serial number 38, (a) In column 5, after the existing entry, the en try 2. Computer Hardware and Network Technician shall be inserted; (b) In column 6, against item 2 relating to Comput er Hardware and Network Technician, the entry One year shall be inserted. 8. In the principal rules, in SCHEDULE-V, (i) Under paragraph I, relating to Obligations of Employer , for item 5b and the entries relating th ereto, the following shall be substituted namely:- 5b An establishment can engage apprentices of age eighteen and above in normal working hours of the establishment. Apprentices under the age of eighteen shall be engaged in such training between the hours of 8.00 am and 6.00 pm. Any relax ation in the same shall be approved by the Apprenticeship Adviser, on case to case basis. [ No.MSDE-01(02)/2019-AP (PMU)] K. C. GUPTA, Jt. Secy. Note: The principal rules were published in the Gazette of India vide notification number G.S.R. 356, dated the 15th July, 1992 and last amended vide notification number G.S.R. 1525(E), dated the 2 0 th December, 2017. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, De lhi-110054.

THE RIGHT TO INFORMATION ACT, 2005 ACT NO. 22 OF 2005 [15th June , 2005.] An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. WHEREAS the Constitution of India has established democratic Republic; AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corru ption and to hold Governments are their instrumentalities accountable to the governed; AND WHEREAS revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information; AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal; Now, THEREFORE, it is expendient to provide for furnishing certain information to citizens who desire to have it. BE it enacted by Parliament in the Fifty -sixth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement .(1) This Act may be called the Right to Information Act, 2005. (2) It extends to the whole of India1***. (3) The provisions of sub -section ( 1) of section 4, sub -sections ( 1) and ( 2) of section 5, sections 12, 13, 15,16, 24, 27 and 28 shall come into force at once, and the rem aining provisions of this Act shall come into force on the one hundred and twentieth day of its enactment. 2. Definitions .In this Act, unless the context otherwise requires, (a) "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly (i) by the Central Government or the Union territory administration, the Central Government; (ii) by the State Government, the State Government; (b) "Central Information Commission" means the Central Information Commission constituted under sub -section ( 1) of section 12; (c) "Central Public Information Officer" means the Central Public Information Officer designated under sub -section ( 1) and includes a Central Assistant Public Information Officer designated as such under sub -section ( 2) of section 5; (d) "Chief Information Commissioner" and "Information Commissioner" mean the Chief Information Commissioner and Information Commissioner appointed under sub -section ( 3) of section 12; 1. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10-2019). 4 (e) "competent authority" means (i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territ ory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State; (ii) the Chief Justice of India in the case of the Supreme Court; (iii) the Chief Justice of the High Court in the case of a High Court; (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution; (v) the administrator appointed under article 239 of the Constitution; (f) "information" means any material in any form, including records, documents, memos, e -mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; (g) "prescribed" means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be; (h) "public authority" means a ny authority or body or institution of self - govern ment established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropri ate Government, and includes any (i) body owned, controlled or substantially financed; (ii) non -Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government; (i) "record" includes (a) any document, manuscript and file; (b) any microfilm, microfiche and facsimile copy of a document; (c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and (d) any other material produced by a computer or any other device; (j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public auth ority and includes the right to (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is store d in a computer or in any other device; (k) "State Information Commission" means the State Information Commission constituted under sub-section ( 1) of section 15; 5 (l) "State Chief Information Commissioner" and "State Information Commissioner" mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub - section ( 3) of section 15; (m) "State Public Information Officer" means the State Public Information Officer designated under sub -section ( 1) and includes a State Assistant Public Information Officer designated as such under sub -section ( 2) of section 5; (n) "third party" means a person other than the citizen making a request for information and includes a public authority. CHAPTER II RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES 3. Right to information .Subject to the provisions of this Act, all citizens shall have the right to information. 4. Obl igations of public authorities .(1) Every public authority shall (a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computeris ed and connected through a network all over the country on different systems so that access to such records is facilitated; (b) publish within one hundred and twenty days from the enactment of this Act, (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the ru les, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are h eld by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meet ings are accessible for public; (ix) a direc tory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particular s of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of be neficiaries of such programmes; (xiii) particulars of recipients of concessio ns, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; 6 (xv) the particulars of facilities available to citizens for obtaining information, including the working h ours of a library or reading room , if maintained for public use; (xvi) the names, designations and other particulars of t he Public Information Officers; (xvii) such other information as may be prescribed; and thereafter update these publications every year; (c) publish all relevant facts while formulating important policies or announcing the decisions which affect public; (d) provide reasons for its administrative or quasi -judicial decisions to affected persons. (2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause ( b) of sub -section ( 1) to provide as much information suomotu to the public at regular intervals through various means of communications, including internet, so that the pub lic have minimum resort to the use of this Act to obtain information. (3) For the pur poses of sub -section ( 1), every information shall be disseminated widely and in such form and manner which is e asily accessible to the public. (4) All materials shall be d isseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Pub lic Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. Explanation .For the purposes of sub -sections ( 3) and ( 4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority. 5. Designation of Public Informa tion Offic ers.(1) Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative uni ts or offices under it as may be necessary to provide information to persons requesting for the information under this Act. (2) Without prejudice to the provisions of sub -section ( 1), every public authority shall designate an officer, within one hundred da ys of the enactment of this Act, at each sub -divisional level or other sub - district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub -section ( 1) of section 19 or the Central Information Commission or the State In formation Commission, as the case may be: Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub -section ( 1) of section 7. (3) Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking informatio n and render reasonable assistance to the persons seeking such information. (4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties. (5) Any officer, whose assistance has been sought under sub -section ( 4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be. 7 6. Req uest for obtaining in formation .(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to (a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority; (b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, specifying the particulars of the information sought by him or her: Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, sh all render all reasonable assistance to the person making the request orally to reduce the same in writing. (2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal detail s except those that may be necessary for contacting him. (3) Where an application is made to a public authority requesting for an information, (i) which is held by another public authority; or (ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub -section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application. 7. Disposal of request .(1) Subject to the proviso to sub-section ( 2) of section 5 or the proviso to sub-section ( 3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9: Provided that where the information sought fo r concerns the life or liberty of a person, the same shall be provided within forty -eight hours of the receipt of the request. (2) If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub -section ( 1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request. (3) Where a decision is taken to pro vide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information

is taken to pro vide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the pe rson making the request , giving (a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub -section ( 1), requesting him to deposi t that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub -section; (b) information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms. 8 (4) Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public Information Officer, as the case may be, shall provide assistance to enable access to the informati on, including providing such assistance as may be appropriate for the inspection. (5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub -section ( 6), pay such fee as may be prescribed: Provided that the fee prescribed under sub -section ( 1) of section 6 and sub -sections ( 1) and ( 5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government. (6) Notwithstanding anything contained in sub -section ( 5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section ( 1). (7) Before taking any decision under sub -section ( 1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11. (8) Where a request has been rejected under sub -section ( 1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request, (i) the reasons for such rejection; (ii) the period within which an appeal against such rejection may be preferred; and (iii) the particulars of the appellate authority. (9)An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the reso urces of the public authority or would be detrimental to the safety or preservation of the record in question. 8. Exemption from disclosure of information .(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; (b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; (c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; (d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest war rants the disclosure of such information; (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; (f) information received in confidence from foreign Government; (g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; (h) information which would impede the process of investigation or apprehension or prosecution of offenders; (i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: 9 Provided that the decisions of Counc il of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; (j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of t he individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. (2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub -section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (3) Subject to the provisions of clauses ( a), (c) and ( i) of sub -section ( 1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under sect ion 6 shall be provided to any person making a request under that section: Provided that where any question arises a s to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act. 9. Grounds for reject ion to access in certain cases .Without prejudic e to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subs isting in a person other than the State. 10. Severability .(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part th at contains exempt information. (2) Where access is granted to a par t of the record under sub -section ( 1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a not ice to the applicant, informing (a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided; (b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based; (c) the name and desi gnation of the person giving the decision; (d) the details of the fees calculated by him or her and the amount of fee which the applic ant is required to deposit; and (e) his or her rights with respect to review of the decision regarding non -disclosure of p art of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub -section ( 1) of section 19 or the Central Information Commission or the State Information Commission, as th e case may be, time limit, process and any other form of access. 11. Third party infor mation .(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part t hereof on a 10 request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the informa tion or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclos ure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. (2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub -section ( 1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation a gainst the proposed disclosure. (3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub -section ( 2), make a decision as to whether or not to disclose the information or r ecord or part thereof and give in writing the notice of his decision to the third party. (4) A notice given under sub -section ( 3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 ag ainst the decision. CHAPTER III THE CENTRAL INFORMATION COMMISSION 12. Constitution of Ce ntral Information Commission .(1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it u nder this Act. (2) The Central Informat ion Commission shall consist of (a) the Chief Information Commissioner; and (b) such number of Central Information Commiss ioners, not exceeding ten, as may be deemed necessary. (3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendati on of a committee consisting of (i) the Prime Minister, who shall be the Cha irperson of the committee; (ii) the Leader of Opposition in the LokSabha; and (iii) a Union Cabinet Minister to be nominated by the Prime Minister. Explanation .For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People s hall be deemed to be the Leader of Opposition. (4) The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissi oners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act. 11 (5) The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. (6) The Chief Inf ormation Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (7) The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India. 13. Term of of fice and conditions of service .(1) The Chief Information Commissioner shall hold office 1[for such term as may be prescribed by the Central Government] and shall not be eligible for reappointment: Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty -five years. (2) Every Information Commissioner shall hold office 1[for such term as may be prescribed by the Central Government] or till he attains the age of sixty -five years, w hichever is earlier, and shall not be eligible for reappointment as such Information Commissioner: Provided that every Information Commissioner shall, on vacating his office under this sub -section be eligible for appointment as the Chief Information Commis sioner in the manner specified in sub -section (3) of section 12: Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Informati on Commissioner and the Chief Information Commissioner. (3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behal f, an oath or affirmation according to the form set out for the purpose in the First Schedule. (4) The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his off ice: Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14. 2[(5) The salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners shall be such as may be prescribed by the Central Government: Provided that the salaries, allowances and other conditions of service of the Chief Information Commissioner or the Information Commissioners shall not be varied to their disadvantage after their appointment: Provided further that the Chief Information Commissioner and the Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue to be governed by the provisions of this Act and the rules made thereunder as if the Right to Information (Amendment) Act, 2019 had not come into force.] 1. Subs. by Act 24 of 2019, s. 2, for for a term of five years from the date on which he enters upon his office (w.e.f. 24 -10- 2019). 2. Subs. by, s. 2, ibid., for sub -section ( 5) (w.e.f. 24 -10-2019). 12 (6) The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowan ces payable to, and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed. Provided also that the salaries, allowances and other conditions of service of the Chief Information

be such as may be prescribed. Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their disadvantage after their appointment. 14. Removal of Chief Information Commission er or Information Commissioner .(1) Subject to the provisions of sub -section ( 3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on i nquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, o ught on such ground be removed. (2) The President may suspend from office, and if deem necessary prohibit also from attending the office during i nquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub -section ( 1) until the President has passed orders on receipt of the report of the S upreme Court on such refer ence. (3) Notwithstanding anything contained in sub -section ( 1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Co mmissioner, as the ca se may be, (a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Informa tion Commissioner. (4) If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub -section ( 1), be deemed to be guilty of misbehaviour. CHAPTER IV THE STATE INFORMATION COMMISSION 15. Constitution o f State Information Commission .(1) Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ......... (name of the State) Information Commission to exercise the pow ers conferred on, and to perform the functions assigned to, it under this Act. (2) The State Informat ion Commission shall consist of (a) the State Chief Information Commissioner, and (b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary. (3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendatio n of a committee consisting of (i) the Chief Minister, who shall be the Chairperson of the committee; 13 (ii) the Leader of Opposition in the Legislative Assembly; and (iii) a Cabinet Minister to be nominated by the Chief Minister. Explanation .For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in t he Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition. (4) The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act. (5) The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminenc e in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. (6) The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (7) The headqua rters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establ ish offices at other places in the State. 16. Term of of fice and conditions of service .(1) The State Chief Information Commissioner shall hold office 1[for such term as may be prescribed by the Central Government] and shall not be eligible for reappointment: Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty -five years. (2) Every State Information Commissioner shall hold office 1[for such term as may be prescribed by the Central Government] or till he attains the age of sixty -five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner: Provided that every State Information Commissioner shall, on vacating his office under th is sub - section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub -section ( 3) of section 15: Provided further that where the State Information Commissioner is appointed as the State Chief Information Com missioner, his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner. (3) The State Chief Information Commissioner or a State Information Commissioner, shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule. (4) The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office: Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner speci fied under section 17. 1. Subs. by Act 24 of 2019, s. 3, for, for a term of five years from the date on which he enters upon his office (w.e.f. 24 -10- 2019). 14 1[(5) The salaries and allowances payable to and other terms and conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall be such as may be prescribed by the Central Government: Provided that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment: Provided further that the State Chief Information Commissioner and the State Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue to be governed by the provisions of this Act and the rules made there under as if the Right to Information (Amendment) Act, 2019 had not come into force.] (6) The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed. 17. Re moval of State Chief Information Commissioner or State Information Commissioner . (1) Subject to the provisions of sub -section ( 3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order o f the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case ma y be, ought on such ground be removed. (2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub -section ( 1) until the Governor has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything contained in sub -section ( 1), the Governor may by order r emove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Co mmissioner, as the case may be, (a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner. (4) If the State Chief Information Commissio ner or a State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub -section ( 1), be deemed to be guilty of misbehaviour. CHAPTER V POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS , APPEAL AND PEN ALTIES 18. Powers and functions of Info rmation Commissions .(1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire in to a complaint from any person, 1. Subs. by Act 24 of 2019, s. 3, for sub -section (5), (w.e.f. 24 -10-2019). 15 (a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub -section ( 1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be; (b) who has been refused access to any information requested und er this Act; (c) who has not been given a response to a request for information or access to information within the time limit specified under this Act; (d) who has been required to pay an amount of fee which he or she considers unreasonable; (e) who belie ves that he or she has been given incomplete, misleading or false information under this Act; and (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. (2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof. (3) The Central Information Commission or State Information Commission, as the case may b e, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely: (a) summoning and enfor cing the attendance of persons and compel them to give oral or written evidence on oath and to p roduce the documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public reco rd or copies thereof from any court or office; (e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed. (4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds. 19. Appeal .(1) Any person who, does not receive a decision within the time specified in sub-section ( 1) or clause ( a) of sub -section ( 3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the app ellant was prevented by sufficient cause from filing the appeal in time. (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order. 16 (3) A second appeal against the decision under sub -section ( 1) shall lie within ninety days from the date on which the decision sh ould have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case m ay be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party. (5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request. (6) An appeal under sub -section ( 1) or sub-section ( 2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty -five days from the date of filing thereof, as the case may be, for reasons

such extended period not exceeding a total of forty -five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding. (8) In its decision, the Central Information Commission or State Information Commission, as th e case may be, has the power to (a) requir e the public authority to take any such steps as may be necessary to secure compliance with the pr ovisions of this Act, including (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Informatio n Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records ; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause ( b) of sub -section ( 1) of section 4; (b) require the public authority to compensate the complainant for any loss or other detriment suffered; (c) impose any of the penalties provided under this Act; (d) reject the application. (9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority. (10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed. 20. Penalties .(1)Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub -section ( 1) of section 7 or malafidely denied the requ est for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall 17 impose a penalty of two hundred and fif ty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty -five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Off icer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. (2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Infor mation Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub -section ( 1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it s hall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him. CHAPTER VI MISCELLANEOUS 21. Protection of action t aken in good fa ith.No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder. 22. Act to have overriding effect .The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 23. Bar of ju risdiction of courts .No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. 24. Act not to apply in certain organis ations .(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisatio ns to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub -section: Provided further that in the case of information sought for is in respect of allegati ons of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty -five days from the date of the receipt of request. (2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisatio n already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule. (3) Every notification issued under sub -section ( 2) shall be laid before each House of Parliament. (4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, s pecify: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub -section: 18 Provided further that in the case of information sought for is in respect of allegations of violatio n of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty -five days from the date of the receipt of request. (5) Every notification issued under sub -section ( 4) shall be laid before the State Legislature. 25. Monitoring and reporting .(1) The Central Information Commission or State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government. (2) Each Ministry or Department shall, in relation to the public authori ties within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concern ing the furnishing of that information and keeping of records for the purposes of this section. (3) Each report shall state in respect of the ye ar to which the report relates, (a) the number of requests made to each public authority; (b) the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked; (c) the number of appeals referred to t he Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals; (d) particulars of any disciplinary action taken against any officer in respect of the administrati on of this Act; (e) the amount of charges collected by each public authority under this Act; (f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act; (g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to ac cess information. (4) The Central Government or the State Government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the Central Information Commission or the State Information Commission, as the c ase may be, referred to in sub -section ( 1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two Houses, and where there is one House of the State Legislature before that House. (5) If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit o f this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity. 26. Appropriate Go vernment to prepare programmes .(1) The appropriate Government may, to the extent of availability of financial and other resources, (a) develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act; (b) encoura ge public authorities to participate in the development and organisation of programmes referred to in clause ( a) and to undert ake such programmes themselves; (c) promote timely and effective dissemination of accurate information by public authorities about their activities; and 19 (d) train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves. (2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act. (3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section ( 2) at regular intervals which shall, in particular and without prejudice to the general ity of sub-section ( 2), include (a) the objects of this Act; (b) the postal and street address, the phone and fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every publ ic authority appointed under sub -section ( 1) of section 5; (c) the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be; (d) the assi stance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be, of a public authority under this Act; (e) the assistance available from the Central Information Commission or State Info rmation Commission, as the case may be; (f) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission; (g) the provisions provi ding for the voluntary disclosure of categories of records in accordance with section 4; (h) the notices regarding fees to be paid in relation to requests for access to an information; and (i) any additional regulations or circulars made or issued in relat ion to obtaining access to an information in accordance with this Act. (4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals. 27. Power to make r ules by appropriate Government .(1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the fol lowing matters, namely: (a) the cost of the medium or print cost price of the materials to be disseminated under sub - section ( 4) of section 4; (b) the fee payable under sub -section ( 1) of section 6; (c) the fee payable under sub -sections ( 1) and ( 5) of section 7; 1[(ca) the term of office of the Chief Information Commissioner and Information Commissioners under sub -sections ( 1) and ( 2) of section 13 and the State Chief Information Commissioner and State Information Commissioners under sub -sections ( 1) and (2) of section 16; (cb) the salaries, allowances and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners under sub -section ( 5) of section 13 and the State Chief Information Commissioner and the St ate Information Commissioners under sub -section ( 5) of section 16;] 1. Ins. by Act 24 of 2019, s. 4 , (w.e.f. 24 -10-2019). 20 (d) the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub -section ( 6) of section 13 and sub -section ( 6) of section 16 ; (e) the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub -section ( 10) of section 19; and (f) any other matter which is required to be, or may be, prescrib ed. 28. Power to mak e rules by competent authority .(1) The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (i) the cost of the medium or print cost price of the materials to be disseminated under sub -section (4) of section 4; (ii) the fee payable under sub -section ( 1) of section 6; (iii) the fee payable under sub -section ( 1) of section 7; and (iv) any other matter which is required to be, or may be, prescribed. 29. Laying of rules .(1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or t he successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, h owever, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (2) Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before t he State Legislature. 30. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions

in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the prov isions of this Act as appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 31. Repeal .The Freedom of Information Act, 2002 (5 of 2003) is hereby repealed. 21 THE FIRST SCHEDULE [See sections 13 ( 3) and 16( 3)] FORM OF OATH OR AFFIRMATIO N TO BE MADE BY THE CHIEF INFORMATION COMMISSIONER/THE INFORMATION COMMISSIONER /THE S TATE CHIEF INFORMATION COMMISSIONER /THE STATE INFORMATION COMMISSIONER I, ....................., having been appointed Chief Information Commissioner/Information Commissioner/State Chief Information Commissioner /State Information Commissioner swear in the name of God that I will bear true faith and allegiance to the solemnly affirm Constitution of India as by law established, that I will uphold the sovereignty an d integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill -will and that I will uphold the Constitution and the laws. . 22 THE SECOND SCHEDULE (See section 24) INTELLIGENCE AND SECURITY ORGANISATION ESTABLISHED BY THE CENTRAL GOVERNMENT 1. Intelligence Bureau. 1[2. Research and Analysis Wing including its technical wing namely, the Aviation Research Centre of the Cabinet Secretariat .] 3. Directorate of Revenue Intelligence. 4. Central Economic Intelligence Bureau. 5. Directorate of Enforcement. 6. Narcotics Control Bureau. 7. 2***. 8. Special 3[Frontier ] Force of the Cabinet Secretariat . 9. Border Security Force. 10. Central Reserve Police Force. 11. Indo -Tibetan Border Police. 12. Central Industrial Security Force. 13. National Security Guards. 14. Assam Rifles. 4[15. Sashtra Seema Bal .] 5[16. Directorate General of Income -tax (Investigation).] 5[17. National Technical Research Organisation.] 5[18. Financial Intelligence Unit, India.] 6[19. Special Protection Group. 20. Defence Research and Development Organisation. 21. Border Road Development Board. 7* * * * *] 8[22. National Security Council Secretariat.] 9[23. Central Bureau of Investigation . 24. National Investigation Agency . 25. National Intelligence Grid .] 10[26. Strategic Forces Command .] 1. Subs. by notification No. G.S.R. 319(E), dated 4 -5-2021. 2. Serial Number 7 omitted by notification No. G.S.R. 319(E), dated 4 -5-2021. 3. Subs. by notification No. G.S.R. 319( E), dated 4 -5-2021. 4. Subs. by notification No. G.S.R. 347, dated 28 -9-2005. 5. Subs. by notification No. G.S.R. 235(E) dated 27 -3-2008. 6. Ins. by notification No. G.S.R. 347, dated 28 -9-2005. 7. Omitted by G.S.R. 235( E) dated 27 -3-2008. 8. Added by notification No. G.S.R. 726(E), dated 8 -10-2008. 9. Added by notification No. G.S.R. 442(E), dated 9 -6-2011. 10. Ins. by notification No. G.S.R. 673(E) dated 8 -7-2016.

1 THE ACADEMY OF SCIENTIFIC AND INNOVATIVE RESEARCH, 2011 ______ ARRANGEMENT OF SECTIONS _______ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Establishment of Academy of Scientific and Innovati ve Research. 4. Object of Academy. 5. Relationship of Academy with Council of Scientific and Industrial Research. 6. Declaration of Academy as an institution of nationa l importance. 7. Transfer of assets, liabilities, etc., of existing Academy to Academy established under this Act and other provisions, etc. 8. Functions and powers of Academy. 9. Academyopen to all castes, creed, race or class. 10. Authorities of Academy. 11. Composition of Board of Governors. 12. Appointment of Chairperson. 13. Nomination of distinguished scientists or academici ans of global eminence, eminent industrialists or technologists and heads of three premier institu tions in the field of imparting education in science and technology. 14. Nomination of distinguished scientists or outstandi ng scientists of Council of Scientific and Industrial Research or Directors of Council of Sc ientific and Industrial Research laboratories. 15. Allowances payable to members of Board. 16. Term of office of members of Board. 17. Powers of Board. 18. Senate. 19. Powers of Senate. 20. Chancellor of Academy . 21. Director of Academy. 22. Appointment and duty of Director of Academy, etc. 23. Associate Directors. 24. Powers of other authorities. 25. Funds of Academy. 26. Accounts. 27. Audit of accounts and its publication. 28. Statutes. 29. Matters to be provided by Statutes. 30. Ordinances. 31. Review of functioning of Academy. 32. Appointments. 33. Conditions of service. 34. Arbitration. 35. Resignation, removal and suspension of Chairperson and other Member or Director. 36. Meetings. 37. Vacancies, etc., not to invalidate acts or proceedi ngs of Board, Academy or any other body. 38. Power to remove difficulties. 2 THE ACADEMY OF SCIENTIFIC AND INNOVATIVE RESEARCH, 2011 ACT NO. 13 OF 2012 [6 thFebruary, 2012.] An Act to establish an Academy for furtherance of t he advancement of learning and prosecution of research in the field of science and technology in association with Council of Scientific and Industrial Research and to declare the institut ion known as the Academy of Scientific and Innovative Research, to be an institution of na tional importance to provide for its incorporation and matters connected therewith or in cidental thereto. BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows: 1. Short title, extent and commencement. (1) This Act may be called the Academy of Scientific and Innovative Research Act, 2011. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may b e appointed for different provisions of this Act. 2. Definitions. In this Act, and in all Statutes and Ordinances mad e thereunder, unless the context otherwise requires, (a) Academy means the Academy of Scientific and Inn ovative Research established under sub- section ( 1) of section 3; (b) Board means the Board of Governors of the Acade my of Scientific and Innovative Research referred to in section 10; (c) Council of Scientific and Industrial Research means a society registered by the name of the Council of Scientific and Industrial Research under the Societies Registration Act, 1860 (21 of 1860); (d) Chairperson means the Chairperson of the Board appointed under section 12; (e) Chancellor means the Chancellor of the Academy referred to in section 20; (f) Director means the Director of the Academy appo inted under section 22; (g) distinguished scientists or outstanding scient ists of the Council of Scientific and Industrial Research means scientists of the Council of Scienti fic and Industrial Research designated as such; (h) existing Academy means the Academy of Scientifi c and Innovative Research established in pursuance of the Resolution of the Government of In dia in the Ministry of Science and Technology, Department of Scientific and Industrial Research, C ouncil of Scientific and Industrial Research, vide No. 6/1/CSIR-Ac SIR/2010-PPD, dated the 1st July, 2010; (i) Faculty of the Academy means Academy Professors , Professors of Eminence, Distinguished Professors, Outstanding Professors, Senior Professo rs, Emeritus Professors, Professors, Associate Professors, Assistant Professors, visiting faculty, and such other persons as may be appointed for imparting instruction or conducting research in the Academy or institutions maintained by the Academy and includes the scientists of Council of S cientific and Industrial Research assigned for imparting instruction or conducting research; (j) notification means a notification published in the Official Gazette; (k) Statutes and Ordinances means the Statutes and the Ordinances of the Academy for the time being in force. 1. 3rd April, 2012 [except sub-section ( 2) of section 5], v ide notification No. S.O. 709(E), dated 2nd April, 201 2, see Gazette of India, Extraordinary, Part II, sec. 3( ii ). 26th June, 2013 [sub-sec. ( 2) of section 5], vide notification No. S.O. 1850(E), dated 26th June, 20 13, see Gazette of India, Extraordinary, Part II, sec. 3( ii ). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union ter ritory of Jammu and Kashmir and the Union territory of Ladakh . 3 3. Establishment of Academy of Scientific and Innov ative Research. (1) With effect from such date as the Central Government may, by notification , appoint in this behalf, there shall be establishe d for the purposes of this Act an Academy to be called th e Academy of Scientific and Innovative Research a body corporate by such name. (2) The headquarters of the Academy shall be at such place as the Central Government may, by notification, specify. (3) The Academy may have such number of regional cent res and campuses, as it may deem fit. (4) The Academy shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispos e of property and to contract, and shall by that na me, sue and be sued. 4. Objects of Academy. (1) The objects of the Academy shall be to (a) disseminate advanced knowledge in science and tec hnology, by providing teaching and research facilities in such branches of learning as it may deem fit, particularly in emerging areas an d such areas as may emerge in future; (b) undertake inter-disciplinary studies and research ; (c) conduct courses in, and integrate into its course s, inter-disciplinary and multi-disciplinary areas covering natural sciences, life sciences, mat hematical and computational sciences, medical sciences, engineering, applied art, humanities, soc ial sciences, law relating to these areas and interfaces thereof; (d) take appropriate measures for innovations in teac hing and learning processes; (e) create an ambience for learning and scholarship i n advanced science and technology instead of exclusively focusing on marks or grades; (f) educate and train manpower in scientific and tech nological fields; (g ) establish linkages with industries in India and o utside India for the promotion of science and technology; (h) collaborate, in appropriate areas in the field of science and technology, with reputed universities and institutions in India or outside I ndia; (i ) promote research in science and technology having a bearing on social, economic, cultural, intellectual and academic welfare of the people. (2) The Academy shall primarily focus on research and imparting instruction in such areas as are not ordinarily taught in regular academic universities in India. (3) The curricula, pedagogy and evaluation of the Aca demy shall be innovative and directed towards creating highest quality personnel with cross-disci plinary knowledge, aiming to provide leaders in the field of science and technology. 5. Relationship of Academy with Council of Scientif ic and Industrial Research .(1) The Academy shall be, provided, or, allowed to use, the infrastructure and scientific manpower of the Coun cil of Scientific and Industrial Research for teaching and research purposes for mutual benefit. (2) The Academy, within two weeks of the commencement of this Act, shall, notwithstanding anything contained in any other Act, rules, regulat ions or bye-laws for the time being in force, enter into a Memorandum of Understanding with the Council of Sci entific and Industrial Research, for the purposes of its affiliation with the Academy for the purpose s of academics, teaching and award of degrees or diplomas, and, the persons pursuing the studies in the Council for award of any degree or diploma, aft er entering of such Memorandum of Understanding, be aw arded degrees or diplomas by the said Academy: Provided that any person pursuing any academic or r esearch course, before the commencement of this Act, in the Council of Scientific and Industrial Re search for award of any degree or diploma and registered for the said purpose with any other univ ersity, may, with the approval of the university wi th 4 which such person is registered, migrate after such commencement to the Academy established under this Act and be registered with the said Academy for gra nt of the same degree or diploma by the Academy established under this Act and such person shall be deemed to have migrated and registered with the Academy established under this Act at the same leve l of study in the university from which such person migrated. (3) Nothing contained in sub-section ( 1) or sub-section ( 2) shall be construed to affect the functions or powers of the Council of Scientific and Industri al Research, being discharged or exercised, before the commencement of this Act, by the Council or to affi liate with any other university or institution for the purposes of academics, teaching and award of degree s or diplomas or for any other purposes necessary for pursuing its objects. 6. Declaration of Academy as an institution of nati onal importance .It is hereby declared that the Academy of Scientific and Innovative Research s hall be an institution of national importance. 7. Transfer of assets, liabilities, etc., of existi ng Academy to Academy established under this Act and other provisions, etc. (1) On and from the date of establishment of the Acad emy, (a) any reference to the existing Academy in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Ac ademy; (b) all properties and assets, movable and immovable, of, or belonging to, the existing Academy, shall vest in the Academy; (c) all rights and liabilities of the existing Academ y shall be transferred to, and be the rights and liabilities of, the Academy; (d) without prejudice to the provisions of clause ( c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and thin gs engaged to be done by, with or for the existing Academy immediately before that date, for or in con nection with the purpose of the said existing Academy shall be deemed to have been incurred, ente red into or engaged to be done by, with or for, the Academy; (e) all sums of money due to the existing Academy imm ediately before that date shall be deemed to be due to the Academy; (f) all suits and other legal proceedings instituted or which could have been instituted by or against the existing Academy immediately before that date m ay be continued or may be instituted by or against the Academy; (g) every employee (including those appointed for imp arting instruction or conducting research in the existing Academy) holding any office under the existing Academy or teaching therein immediately before that date shall hold his office in the Acade my or continue teaching therein by the same tenure and upon the same terms and conditions of service a s respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the Academy had not been established and shall continue to do so as an emplo yee of the Academy or until the expiry of the perio d of six months from that date if such employee opts not to be the employee of the Academy within such period. (2) Any person pursuing any academic or research cour se, before the commencement of this Act, in the existing Academy for award of any degree or dip loma or certificate shall be entitled to pursue suc h academic or research course after the establishment of the Academy under this Act and be registered wi th the said Academy for grant of the same degree or di ploma or certificate by the Academy established under this Act and such person shall be deemed to h ave migrated and registered with the Academy established under this Act at the same level of stu dy in the existing Academy from which such person migrated. (3) Any person, who immediately before the commenceme nt of this Act, had been awarded a degree or diploma or certificate for having qualified any course by the existing Academy, shall be entitled t o award of equivalent degree or diploma by the Academ y subject to approval by the Board of the Academy. 5 (4) Notwithstanding anything contained in the Industr ial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, absorption o f any employee by the Academy in its regular servic e under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribu nal or other authority. 8. Functions and powers of Academy .(1) The Academy shall discharge its functions and exe rcise the following powers, namely: (i) to provide for instructions and conduct research in such branches of learning like natural sciences, life sciences, mathematical and computati onal sciences, medical sciences, engineering, applied art, humanities, social sciences, law relat ing to these areas and interfaces thereof, and in particular, in inter-disciplinary and multi-discipl inary areas of these branches, and in all such area s as may emerge in future and other emerging areas of kn owledge, as the

ary areas of these branches, and in all such area s as may emerge in future and other emerging areas of kn owledge, as the Academy may from time to time determine and make provision for advancement and di ssemination of knowledge; (ii )to lay administrative standards and structures and decide on all matters of creation of posts, laying down standards for recruitment, determining compensation packages, and contractual arrangements; (iii )to design its curriculum and pedagogy for award of diplomas or certificates and confer degrees or other academic distinctions as it may deem fit; (iv ) to grant, subject to such conditions as the Acade my may determine, diplomas or certificates and confer degrees or other academic distinctions on th e basis of such methods of evaluation and to hold i ts examinations, as the Academy may, from time to time , determine and to withdraw any such diplomas, certificates, degrees or other academic distinction s for good and sufficient cause; (v ) to frame Statutes and Ordinances and to alter, mo dify or rescind the same; (vi ) toorganise and undertake extramural studies, trai ning and extension services; (vii ) to confer honorary degrees or other distinctions; (viii ) to provide distance education in such branches of learning and to such persons as it may determine; (ix ) to institute professorships, associate professors hips and assistant professorships including Academy Professors, Professors of Eminence, Disting uished Professors, Outstanding Professors, Senior Professors, Emeritus Professors, or visiting positi ons and other teaching or academic or other positio ns, required by the Academy and to make appointments to such positions; (x) to appoint persons from any other university, or institution, or industry, or persons of eminence from appropriate fields of studies, including those outside the country, as Faculty of the Academy; (xi ) to create administrative, ministerial and other p osts and to make appointments thereto; (xii ) to co-operate or collaborate or associate with an y body including, any university or institution, or industry, located in India or outside India; (xiii ) to establish such centres and specialised laborat ories or other units for research and instruction as may be required; (xiv ) to set up schools, centres and campuses and funct ion therefrom or conduct classes from any place of its choice, including the premises of labo ratories or other centres of the Council of Scienti fic and Industrial Research; (xv ) to institute and award fellowships, scholarships, studentships, medals and prizes; (xvi ) to conduct research, advisory and consultancy ser vices with or for any entity, public or private, whether in India or outside India, which a re in conformity with the spirit and object of the Academy; (xvii ) to engage scientists of the Council of Scientific and Industrial Research as Faculty in imparting instruction and conducting research in th e Academy; 6 (xviii ) to establish, maintain and manage institutions an d hostels for residence of students or establish and maintain such institutions through th e Council of Scientific and Industrial Research or any other body; (xix ) to fix, demand and receive payment of fees and ot her charges; (xx ) to determine the standards of admission to the Ac ademy, which may include examination, other innovative models of testing or evaluation; (xxi ) to supervise the residences of the students of th e Academy and to make arrangements for promoting their health, general welfare, cultural a nd corporate life; (xxii ) to lay down conditions of service for all categor ies of employees, including their code of conduct; (xxiii ) to regulate and enforce discipline, among the stu dents and employees and to take such disciplinary measures in this regard as may be nece ssary; (xxiv ) to make arrangements for promoting the health and general welfare of the employees; (xxv ) to receive grants, benefactions, donations, gifts , bequests and transfer or acquire, hold and manage and dispose of any property movable or immov able, including trust and endowment properties for the purposes of the Academy: Provided that no such grants, benefactions, donatio ns, gifts, bequests and transfer shall be accepted by the Academy which in the opinion of the Board invol ves conditions or obligations opposed to the spirit and object of this Act; (xxvi ) to borrow, on the security of property of the Aca demy or otherwise, money for the purposes of the Academy or utilise its property for such pur poses as are in conformity with the spirit and obje ct of this Act; (xxvii ) to do all such other acts and things as may be ne cessary, incidental or conducive to the attainment of all or any of its objects. (2) In exercising its powers referred to in sub-secti on (1), it shall be the endeavour of the Academy to maintain an all India character and high standards of teaching and research, and, the Academy shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely: (i) subject to the provisions of section 9, the admis sion of students shall be made on merit; (ii ) continuous evaluation or other innovative methods of evaluation and choice based credit system may be introduced and the Academy may enter into agreements with other universities and academic institutions in India or outside India for credit transfer and joint degree programmes; (iii ) innovative courses and programmes of studies shal l be introduced with a provision for periodic review and restructuring; (iv ) the imparting of instruction shall be, as far as ma y be, through use of modern techniques or technologies; (v) the systems and structures of the Academy should be flexible to adapt to the requirements of multi-disciplinary and inter-disciplinary studies; (vi ) active participation of students may be ensured i n governance of academic matters of the Academy. 9. Academy open to all castes, creed, race or class . (1) The Academy shall be open to all persons, of either sex, irrespective of caste, creed, race o r class, and it shall not be lawful for the Academy to adopt or impose on any person, any test whatsoever of rel igious belief or profession in order to be entitled to be appointed as a Faculty of the Academy or to hold an y other office therein, or to be employed therein o r to be admitted as a student in the Academy or to gradu ate thereat or to enjoy or exercise any privilege thereof. 7 (2) The Academy shall make special provision for the employment or admission of women, persons with disabilities or of persons belonging to the we aker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the othe r socially and educationally backward classes of citizens and any exemption from making such reserva tion under the proviso to clause ( b) of section 4 of the Central Educational Institutions (Reservation i n Admission) Act, 2006 (5 of 2007) shall not be applicable to the Academy: Provided that no such special provision shall be ma de on the ground of domicile. 10. Authorities of Academy. The following shall be the authorities of the Acade my, namely: (a) The Board; (b) Senate; (c) Director; (d) Boards of Studies; (e) such other authorities as may be declared by the Statutes to be the authorities of the Academy. 11. Composition of Board of Governors. (1) The Board referred to in clause ( a) of section 10 shall consist of the following, namely: (a) the Chairperson of the Board, to be appointed und er section 12; (b) the Director-General of the Council of Scientific and Industrial Research, ex officio vice-chairperson; (c) the President of the Indian National Science Academy, ex officio member; (d) the Chairman, Atomic Energy Commission, Government of India, ex officio member; (e)the Chairman, Space Commission, Government of India, ex officio member; (f) the Chairman, University Grants Commission, Government of India, ex officio member; (g) the Finance Secretary in the Ministry of finance Government of India, ex officio member; (h) the heads of three premier institutions in the fi eld of imparting education in Science and Technology, members to be nominated under section 13; (i) four distinguished scientists or academicians of global eminence, of which two should be from repute d institutions outside India, members to be nominated under section 13; (j) three eminent industrialists or technologists, me mbers to be nominated under section 13; (k) four distinguished scientists or outstanding scientists or Directors of laboratories of Council of Scientific and Industrial Research, members to be nominated under section 14; (l) the Director of the Academy, ex officio member. 8 (2) The Chairperson shall ordinarily preside over the meetings of the Board. (3) The Board may evolve its own procedure for the pu rpose of conducting its meetings and transacting business therein. (4) The Associate Director in charge of administratio n of the Academy shall be the Secretary of the Board. 12. Appointment of Chairperson. (1) The Chairperson shall be appointed by the Preside nt of the Council of Scientific and Industrial Research, on t he recommendation of the selection committee constituted under sub-section ( 2): Provided that the Director-General of the Council o f Scientific and Industrial Research, being the ex officio Vice-Chairperson , as referred to in clause ( b) of sub-section ( 1) of section 11, shall act as the Chairperson until the first Chairperson is selected and appointed in accordance with the provisions of this Act: Provided further that no person shall be selected a nd appointed as Chairperson unless such person is an Indian citizen. (2) The selection committee referred to in sub-sectio n (1) shall consist of four eminent scientists or technologists of international repute, as may be no minated by the President of the Council of Scientif ic and Industrial Research. (3) At least two eminent scientists or technologists of international repute nominated under sub- section ( 2) shall be from the heads of international societie s, academies, or similar organisations in the field of science and technology. (4) The selection committee referred to in sub-sectio n ( 2) shall (a) be constituted within six months before the compl etion of tenure of the incumbent as the Chairperson of the Board; (b) submit its recommendation at least three months b efore the completion of the tenure of the incumbent Chairperson. (5) The selection committee may evolve its own proced ure for the purposes of meetings and making recommendations under sub-section ( 1) including making recommendations in respect of a person who has not applied for the post of Chairperson. (6) Three members of the selection committee referred to in sub-section ( 1) shall form quorum for the meeting of the committee. (7) The Chairperson shall exercise such other powers and perform such other functions as may be assigned to him by this Act or the Statutes. 13. Nomination of distinguished scientists or acade micians of global eminence, eminent industrialists or technologists and heads of three premier institutions in the field of imparting education in science and technology. The heads of three premier institutions in the fiel d of imparting education in science and technology, referred to in clause ( h), the distinguished scientists or academicians of global eminence referred to in clause ( i), and eminent industrialists or technologists refe rred to in clause (j ), of sub-section ( 1) of section 11, shall be nominated, by the Preside nt of the Council of Scientific and Industrial Research. 14. Nomination of distinguished scientists or outst anding scientists of Council of Scientific and Industrial Research or Directors of Council of Scie ntific and Industrial Research laboratories. The nomination of distinguished scientists or outst anding scientists of the Council of Scientific and Industrial Research or Directors of Council of Scie ntific and Industrial Research laboratories, referr ed to in clause ( k) of sub-section ( 1) of section 11 shall be made by the Governing Body of the Council of Scientific and Industrial Research. 15. Allowances payable to members of Board. The members of the Board shall be entitled to such allowances, if any, from the Academy, as may be pro vided for, in the Statutes but no member other than 9 the Director of the Academy referred to in clause ( l) of sub-section ( 1) of section 11, shall be entitled to any salary by reason of this section. 16. Term of office of members of Board .(1) Save as otherwise provided in this section, term of office of the Chairperson or any other nominated me mber of the Board shall be four years, being one te rm of the Board and they shall not be eligible to be r e-appointed as Chair person or nominated as a membe r, as the case may be. Explanation I. The period of term of office of the Chairperson or any other nominated member of the Board [other than ex officio Vice-Chairperson and ex officio members and nominated members under clause ( k) of sub-section ( 1) of section 11] of the existing Academy shall be c ounted for the purposes of this sub-section. Explanation II. For the removal of doubt it is hereby declared that a person who held the office of a member shall not be eligible to be re-appointed as a member but may be appointed as the Chairperson in accordance with the provisions of this Act: Provided that an outgoing member of the Board shall , unless or otherwise directed, continue in office until another person is appointed, or, as the case may be, nominated as a member in his place. (2) In the event of vacancy in the office of the Chai rperson, by reason of his death or resignation or otherwise, the Vice-Chairperson shall act as the Ch airperson until a new Chairperson is appointed in accordance with the provisions of this Act to fill the vacancy and enter upon his office: Provided that a person appointed due to a vacancy i n the office of Chairperson under sub-section ( 2), shall be eligible to be appointed as Chairperson in accordance with the provisions of this Act only fo r one term in addition to the period for which he was app ointed to fill the vacancy of Chairperson. (3) In the event of vacancy in the office of a nomina ted member under clauses ( h), ( i), ( j) and ( k) of sub-section ( 1) of section 11 by reason of his death or resignati on or otherwise, the vacancy shall be filled in accordance with the provisions of this Act: Provided that a person nominated under sub-section ( 1) of section 11 due to a vacancy in the office of the member, such person shall be eligible to be nom inated only for one term as member in accordance with the provisions of this Act

member, such person shall be eligible to be nom inated only for one term as member in accordance with the provisions of this Act, in addition to the period for which he was nominated to fill the vaca ncy. (4) The term of office of an ex officio member shall continue as long as he holds the offi ce by virtue of which he is a member. (5) One-fourth of the members, being distinguished sc ientists or outstanding scientists or Directors of laboratories of the Council of Scientific and Indus trial Research nominated under clause ( k) of sub-section (1) of section 11 shall retire every year and new mem bers shall be nominated in their place in accordanc e with the provisions of this Act: Provided that, notwithstanding anything contained i n this sub-section, the members, being distinguished scientists or outstanding scientists of the Council of Scientific and Industrial Researc h or Directors of the Council of Scientific and Industri al Research laboratories nominated under clause ( k) of sub-section ( 1) of section 11, immediately after the commencement of this Act for the first time, may hold office for such period, as may be specified in thei r nomination and provisions of this sub-section sha ll not be applicable to such nominated members. 17. Powers of Board .(1) Subject to the provisions of this Act, the Board shall be responsible for the general superintendence, direction and control of the affairs of the Academy and shall exercise al l the powers of the Academy not otherwise provided for by this Act, the Statutes and the Ordinances, and sha ll have the power to review the acts of the Senate. (2) Without prejudice to the provisions of sub-sectio n ( 1), the Board shall have the powers to (a) take decisions on questions of policy relating to the administration and working of the Academy; (b) institute courses of study at the Academy; 10 (c) make Statutes; (d ) institute and appoint persons to academic as well as other posts in the Academy; (e) consider and modify or cancel or rescind Ordinanc es; (f) consider and pass resolutions on the annual repor t, the annual accounts and the budget estimates of the Academy for the next financial yea r, together with a statement of its development plans; (g) approve investments in infrastructure of the Acad emy in any land or building; (h ) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes. (3) The Board shall also have the power to appoint su ch committees of one or more persons as it considers necessary for exercise of its powers and the performance of its duties and hold enquiries un der this Act. 18. Senate .(1) The Senate shall consist of the following, namely : (a) the Director, ex officio , who shall be the Chairperson of the Senate; (b ) all Associate Directors, ex officio members; (c) all Deans of the Academy, ex officio members; (d) two Professors from each area of study represente d by the Boards of Studies of the Academy, as may be nominated by the Board, ex officio members; (e) two scientists of the Council of Scientific and I ndustrial Research, who being the youngest in age; and recipient of Shanti Swaroop Bhatnagar Awar d; and who are also Faculty of the Academy, as may be nominated by the Director-General of the Cou ncil of Scientific and Industrial Research; (f ) two scientists of the Council of Scientific and I ndustrial Research, who being the youngest in age; and recipient of CSIR-Young Scientist Award; a nd who are Faculty of the Academy, as may be nominated by the Director-General of the Council of Scientific and Industrial Research; (g) three Directors or distinguished scientists or ou tstanding scientists of the Council of Scientific and Industrial Research laboratories, nominated by its Director-General; (h) three persons, not being the employees of the Aca demy or the Council of Scientific and Industrial Research, to be nominated by the Chancel lor in consultation with the Director from amongst educationists of repute, one being from eac h of the fields of science, engineering and social sciences; (i)such other members of the staff as may be laid dow n in the Statutes. (2) The tenure of the nominated members under clauses ( d) to ( h) of sub-section ( 1) shall be two years: Provided that the Senate shall not, at any time, ha ve less than fifty per cent. of its members from th e Councilof Scientific and Industrial Research scient ists teaching in the Academy . 19. Powers of Senate. Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate of the Academy shall have the control and ge neral regulation, and be responsible for the maintenance, of standards of instruction, education and examinations in the Academy and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes and Ordinances. 20. Chancellor of Academy. (1) The Chairperson of the Board shall be the Chancel lor of the Academy. (2) The Chancellor shall ordinarily preside at the Co nvocations of the Academy. 11 21. Director of Academy. The Director shall be the principal academic and ex ecutive officer of the Academy and shall be responsible for the administra tion of the Academy and imparting instruction, research and maintenance of discipline. 22. Appointment and duty of Director of Academy, et c. (1) The Director shall be appointed, by the President of the Council of Scientific and Indu strial Research, on the recommendation of the selec tion committee constituted under sub-section ( 2). (2) The selection committee referred to in sub-sectio n ( 1) shall consist of (a) the Chairperson of the Board; (b ) the Vice-Chairperson of the Board; (c) the President of the Indian National Science Acad emy; (d) the Chairman, Atomic Energy Commission, Governmen t of India; (e) the Chairman, Space Commission, Government of Ind ia. (3) The selection committee referred to in sub-sectio n ( 2) shall (a) be constituted within six months before the compl etion of tenure of the incumbent as the Director; (b) submit its recommendation at least three months b efore the completion of the tenure of the incumbent Director. (4) The selection committee may evolve its own proced ure for the purposes of meetings and making recommendations under sub-section ( 1) including making recommendations in respect of a person who has not applied for the post of Director. (5) Three members of the selection committee referred to in sub-section (1 ) shall form quorum for the meeting of the committee: Provided that no person shall be selected or nomina ted as Director unless such person is an Indian citizen. (6 ) It shall be the duty of the Director that the dec isions taken by the Board are implemen ted. (7) The Director shall submit an annual report and ac counts of the Academy to the Board. (8) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or the Ordinances. (9) The term of the Director shall be five years. 23. Associate Directors .(1) The Associate Directors of the Academy shall, be appointed by the Director with the approval of the Board, from among st Professors of the Academy or scientists of the Council of Scientific and Industrial Research engag ed in academic activity in the Academy, for such period, and on such terms and conditions, as may be laid down by the Statutes, and, shall exercise suc h powers and perform such duties as may be assigned t o them by this Act or the Statutes or by the Direct or. (2) The Board may assign any other designation for th e Associate Directors, for the purpose of administrative convenience or academic efficiency . 24. Powers of other authorities. (1) The constitution and powers of Board of Studies s hall be such as may be provided in the Statutes. (2) The powers, including the financial powers and du ties of authorities, officers and other functionaries of the Academy shall be as provided b y the Statutes. 25. Funds of Academy. (1) The Academy shall maintain and retain a fund to w hich shall be credited (a) all fees (including tuition fees) and other charg es received by the Academy; 12 (b) all monies received by the Academy by way of gran ts, gifts, donations, benefactions, bequests or transfers; (c) monies for projects undertaken by the Academy; (d) income from investment made by the Academy or fro m any other source; (e) the funds received from the Council of Scientific and Industrial Research, by way of loan or otherwise; (f) all monies received by the Academy in any other m anner or from any other source. (2) All monies credited to the fund of the Academy sh all be deposited in such banks or invested in such manner as the Academy may, with the approval o f the Board, decide. (3) The fund shall be applied for meeting, (a) the salaries, allowances and other remuneration o f the Chairperson, members of the Board or Faculty, officers and other employees or members of the committees set up by the Academy; (b) the expenses of the Academy in the discharge of i ts functions or exercise of its powers under section 8; (c) the expenses on objects of, and for purposes auth orised by, this Act. (4) All expenditure of the Academy shall be within th e framework of a budget approved by the Board. 26. Accounts. (1) The Academy shall maintain proper and separate ac counts giving therein the details of all receipts in, and, expenditure from, such fund and other relevant particulars. (2) The accounts referred to in sub-section ( 1) shall be prepared and got audited before the expi ry of six months from the end of each financial year. (3) The Academy shall submit to the Board and the Cou ncil of Scientific and Industrial Research, the accounts referred to in sub-section ( 1) duly audited under section 27 and signed by the Di rector, Associate Director in charge of Finance and Associate Directo r in charge of Administration. (4) The Council of Scientific and Industrial Research referred to in sub-section ( 3), the Board and any other person appointed by them in connection with t he audit of the accounts of the Academy shall have the right to demand the production of books, accoun ts, connected vouchers and other documents and papers and to inspect any of the offices of the Aca demy. 27. Audit of accounts and its publication .(1) The accounts of the Academy shall, without prejudice to the provisions contained in the Comptr oller and Auditor-Generals (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971), be a udited by auditors who may be appointed by the Board for the term of one year and such auditors sh all be eligible for re-appointment. (2) No person shall be eligible to be appointed as an auditor under sub-section ( 1) unless he is a chartered accountant as defined in clause ( b) of sub-section ( 1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949), and who has obtained a cert ificate of practice under sub-section ( 1) of section 6 of that Act. (3) The accounts of the Academy shall, after the comp letion of the audit under sub-section ( 1) and submission thereof to the Board and the Council of Scientific and Industrial Research be published on the website of the Academy. 28. Statutes. (1) The Statutes of the Academy shall be enacted by t he Board. (2) Without prejudice to the provisions contained in sub-section ( 1), the Senate may make recommendations for enactment of Statutes to the Bo ard. (3) The Board may, from time to time, make new Statut es or may amend or repeal or rescind the Statutes with effect from such date as it may direc t. 13 29. Matters to be provided by Statutes. Subject to the provisions of this Act, the Statutes may provide for all or any of the matters considered ne cessary by the Board for functioning of the Academy within the framework of this Act, including the fol lowing matters, namely: (a) the conferment of degrees and diplomas; (b) the constitution, powers and functions of the Boa rd of Studies; (c) the tuition fee and other fees to be charged; (d) the institution of fellowships, scholarships, med als and prizes; (e) the term of office and the method of appointment of officers of the Academy; (f) the qualification of Faculty of the Academy (othe r than the scientists of the Council of Scientific and Industrial Research engaged in the s ervice of the Academy), officers and other staff of Academy: Provided that the scientists of the Council of Scie ntific and Industrial Research engaged in the service of the Academy shall be governed by the qua lifications specified by the Council and nothing contained in this Act shall be construed to disqual ify them from undertaking the service of the Academy or engaging them as Faculty of the Academy; (g) the classification, the method of appointment and the determination of the terms and conditions of service of Faculty, officers and othe r staff of the Academy; (h) the provision of insurance fund, provident fund a nd other retirement benefits, for the benefit of the Faculty, officers and other staff of the Aca demy; (i) the constitution, powers and duties of authoritie s of the Academy; (j) the establishment and maintenance of hostels; (k ) the conditions of residence of students of the Ac ademy and the levying of fees for residence in the hostels and of other charges; (l) the allowances to be paid to the Chairperson and other members of the Board and any committee constituted by the Academy; (m) the meetings of the Board, the Senate, or any com mittee, the quorum at such meetings and the procedure to be followed in the conduct of their bu siness; (n) any other matter which may be required or necessa ry for the purposes of this Act. 30. Ordinances .(1) Subject to the provisions of this Act and the Sta tutes, the Ordinances of the Academy may provide for all or any of the following matters, namely: (a) the admission of the students; (b) the courses of study; (c) the conditions under which students shall be admi tted and shall be eligible for degrees, diplomas and certificates and to the examinations o f the Academy, and shall be eligible for the degrees, diplomas and certificates; (d) the conditions of award of the fellowships, schol arships, medals and prizes; (e) the condition and mode of appointment and duties of examining bodies, examiners and moderators; (f) the conduct of examinations;

of appointment and duties of examining bodies, examiners and moderators; (f) the conduct of examinations; (g) the maintenance of discipline among students of t he Academy; (h) any other matter which by this Act or the Statute , is to be, or, may be, provided for by the Ordinances. 14 (2) Save as otherwise provided in this section, Ordin ances shall be made by the Senate. (3) All Ordinances made by the Senate shall have the effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as ma y be, to the Board and shall be considered by the Board in its subsequent meeting. (4) The Board shall have the power by resolution to m odify or cancel or rescind any of the Ordinances and such Ordinances shall, from the date of such resolution stand modified accordingly or cancelled or rescinded, as the case may be. 31. Review of functioning of Academy .(1) There shall be a review of the functioning of the Academy once in every four years by persons of emin ence to be appointed by the Council of Scientific and Industrial Research. (2) The Academy shall meet the expenses for conductin g the review under sub-section ( 1) and upon receipt of the report of such review, the Board may take appropriate action. (3) In addition to the review under sub-section ( 1), the Board may conduct review of functioning of administrative and academic wings of the Academy, i n such manner and at such intervals, as may be provided in the Statutes. 32. Appointments .All appointments of the staff of the Academy (excep t appointment of the Director), shall be made in accordance with the pro cedure laid down in the Statute, by (a) the Board for the academic staff; (b ) the Director, in any other case. 33. Conditions of service .(1) Every employee of the Academy shall be appointed on contractual basis under a written contract, which shall be lodg ed with the Academy and a copy of which shall be furnished to the employee concerned: Provided that all scientists and other employees of the Council of Scientific and Industrial Research engaged in the service of the Academy shall be gove rned by the service conditions, rules and regulatio ns of the Council of Scientific and Industrial Researc h. (2) The Academy shall have a flexible compensation sy stem which recognises performance, as laid down in the Statutes, to bring the best talent in t he Academy: Provided that the scientists of the Council of Scie ntific and Industrial Research (a) engaged in the service of the Academy; and (b) who draw their salary from the Council, shall be eligible for such allowances or honorarium , as may be determined by the Statute. 34. Arbitration .(1) Any dispute arising out of a contract between the Academy and any of its employees shall, at the request of the employee con cerned or at the instance of the Academy, be referr ed to a Tribunal of Arbitration consisting of one memb er appointed by the Director, one member nominated by the employee, and such two arbitrators shall app oint the third arbitrator who shall act as the pres iding arbitrator. (2) The arbitration under sub-section ( 1) shall be governed by the Arbitration and Concilia tion Act, 1996 (26 of 1996). 35. Resignation, removal and suspension of Chairpe rson and other Members or Director. (1) The Chairperson or any Member of the Board other th an ex officio Members of the Board or Director may, by notice in writing under his hand addressed to the President of the Council of Scientific and Industrial Research, resign his office: Provided that the Chairperson or such Member or Dir ector shall, unl ess he is permitted by the President of the Council of Scientific and Industrial Research to re linquish his office sooner, continue to hold office 15 until the expiry of three months from the date of r eceipt of such notice or until a person duly appoin ted as his successor enters upon his office or until the e xpiry of his term of office, whichever is the earli est. (2) The President of the Council of Scientific and In dustrial Research may remove from office the Chairperson or any Member of the Board or the Direc tor, who (a) has been adjudged an insolvent; or (b ) being the Director has engaged at any time, durin g his term of office, in any paid employment; or (c) has been convicted of an offence which, in the op inion of the Central Government, involves moral turpitude; or (d) has become physically or mentally incapable of ac ting as such Chairperson or Member or Director; or (e) is of unsound mind and stands so declared by a co mpetent court; or (f) has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions as such Chairperson or Member or Dire ctor; or (g) has so abused his position as to render his conti nuance in office prejudicial to the public interest; or (h) has been guilty of proved misbehavior; or (i) has such other disqualifications as may be prescr ibed. (3) Notwithstanding anything contained in sub-section ( 1), the Chairperson or a Member of the Board or the Director shall not be removed from his offic e on the grounds specified in clause ( f) or clause ( g) or clause ( h) of sub-section ( 1), except by an order made by the President of the Council of Scientific and Industrial Research after an inquiry made in this b ehalf in which such Chairperson or Member or Direct or has been informed of the charges against him and gi ven a reasonable opportunity of being heard in respect of those charges. (4) In the event of inquiry instituted under sub-sect ion ( 2), the President of the Council of Scientific and Industrial Research may suspend such Chairperso n or Member or Director against whom inquiry has been instituted for a period not exceeding six mont hs if it is considered necessary in public interest . (5) The President of the Council of Scientific and In dustrial Research may, by rules, regulate the procedure for the inquiry referred to in sub-sectio n ( 2). (6) In case any nominated member under clause ( k) of sub-section ( 1) of section 11 in the Board incurs any of the disqualifications under clauses ( a) to ( i) of sub-section ( 1), such nominated member shall not be eligible to be nominated as such and h is nomination as nominated member shall be revoked by those who nominated such member. 36. Meetings. The meetings of the Board, Senate, or other committ ees constituted by the Academy may be held using contemporary tools of information and communication technologies (including video- conferencing) without the members necessarily havin g to be physically present. 37. Vacancies, etc., not to invalidate acts or proc eedings of Board, Academy or any other body. No act of the Board or the Academy or any other bod y set up under this Act or the Statutes, shall be invalid merely by reason of (a) any vacancy in, or defect in the constitution the reof; or (b) any defect in the selection, nomination or appoin tment of a person acting as a member thereof; or (c) any irregularity in its procedure not affecting t he merits of the case. 16 38. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order publ ished in the Official Gazette, make such provisions , not inconsistent with the provisions of this Act, a s appear to it to be necessary or expedient for rem oving the difficulty: Provided that no such order shall be made under thi s section after the expiry of three years from the commencement of this Act. (2) Every order made under sub-section ( 1) shall be laid, as soon as may be after it is made , before each House of Parliament, while it is in session, f or a total period of thirty days which may be compr ised in one session or in two or more successive session s, and if, before the expiry of the session immedia tely following the session or the successive sessions af oresaid, both Houses agree in making any modificati on in the order or both Houses agree that the order sh ould not be made, the order shall thereafter have e ffect only in such modified form or be of no effect, as t he case may be; so, however, that any such modifica tion or annulment shall be without prejudice to the vali dity of anything previously done under that order. ___________

THE CENTRAL RESERVE POLICE FORCE ACT, 1949 ACT NO. 66 OF 1949 [28th December , 1949.] An Act to provide for the constitution and regulation of an armed Central Reserve Police Force. WHEREAS it is expedient to provide for the constitution and regulation of an armed Central Reserve Police Force; It is hereby enacted as follows: PRELIMINARY 1. Short title and extent. (1) This Act may be called the Central Reserve Police Force Act, 1949. (2) It extends to the whole of India 1*** and applies to members of the Force, wherever they may be. 2. Definitions. In this Act, unless there is anything re pugnant in the subject or context, (a) active duty means the duty to restore and preserve order in any local area in the e vent of any disturbance therein; (b) close arrest means confinement within the Force or a detachment of the Force or a post quarter -guard building or tent under charge of a guard; (c) the Force means t he Central Reserve Police Force; (d) member of the Force means a person who has been appointed to th e Force by the Commandant, whether before or after the commencement of this Act, and in sections 1, 3, 6, 7, 16, 17, 18 and 19, includes also a person appointed to the Force by the Central Government, whether before or after such commencement; (e) open ar rest means confinement within the precincts of any barracks, lines or camp for the time being occupied b y any part of the Force; (f) prescribed means prescrib ed by rules made under this Act ; (g) subordinate officer means a member of the Force of the rank of subedar -major, su bedar, jemadar or sub -inspector; (h) the expressions assault , criminal force , fraudulently , reason to believe and voluntarily causing hurt have the meanings assigned to them respectively in the Indian Penal Code (45 of 1860) . CONSTITUTION OF THE FORCE 3. Constitution of the Force. (1) There shall continue to be an armed force maintained by the Central Government and called th e Central Reserv e Police Force. (2) The Force shall be constituted in such manner, and the members of the Force shall receive such pay, pension and other remuneration, as may be prescribed. 4. Appointment and powers of superior officers . (1) The Central Government may ap point to the Force a Commandant and such other persons as it thinks fit to be assistant commandants and com pany officers. (2) The Commandant and every other officer so appointed shall have, and may exercise, such powe rs and authority as may be pro vided by or under this Act. 5. Enrolment .Before a person is appointed to be a member of the Force, the statement contained in the recruiting roll set out in the Schedule shall be read out and, if necessary, explained to him in the presence of an officer appointed under sub -section ( 1) of section 4, and shall be sig ned by such person in acknowle dgement of its having b een so read out to him: 1. The words except the State of Hyderabad omitted by Act 3 of 1951, s. 3 and the Schedule (w.e.f. 1-4-1952). 3 Provided that any person who has for a period of six months served with the Force, shall, on appointment to the Force thereafter, be deemed to be a member of the Force notwithstanding that the provisions of this section have not been complied with in his case. 6. Resignation and withdrawal from the Force. No member of th e Force shall be at liberty to (a) resign his appoi ntment during the term of his engagement, except before the expiration of the first three months of his service; or (b) withdraw himself from all or any of the duties of his appointment, without the previous permission in writing of the Commandant or assis tant commandant or any other officer authorised by the Comma ndant to grant such permission. GENERAL DUTIES OF MEMBERS OF THE FORCE 7. General duties of members of the Force .(1) It shall be the duty of every member of the Force promptly to obey and to execute all orders and warrants lawfully issued to him by any competent authority, to detect and bring offenders to justice and to apprehend all persons whom he is legally authoris ed to apprehend and for whose apprehe nsion sufficient grounds exist. (2) Every member of the Force shall be liable to serve without and beyond, as well as wi thin, the territory of India. SUPERINTENDENCE CONTROL AND ADMINISTRATION OF THE FORCE 8. Superinten dence, control and administration of the Force .(1) The superintendence of, and control over, the Force shall vest in the Central Government; and the Force shall be administered by the Central Government in accordance with the provisions of this Act and of any rules made thereunder, through such officers as the Central Government may from time to time appoint in this behalf. (2) The Headquarters of the Force shall be at Neemuch or at such other place as may from time to time be specified by the Central Gove rnment. (3) While on active duty outside its headquarters, the Force shall be subject to the general control and direction of such authority or officer as may be prescribed or as may be specially appointed by the Central Government in this behalf. OFFENCES AND PUNISHMENTS 9. More heinous offences .Every member of the Force who (a) begins, excites, causes or conspires to cause or joins in any mutiny, or, being present at any mutiny, does not use his utmost endeavour to suppress it, or knowing, or having reason to believe in, the existence of any mutiny, or of any intention or conspiracy to mutiny or of any conspiracy against the State does not, without delay, give information thereof to his superior officer; or (b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer, whether on or off duty, knowing or having re ason to believe him to be such ; or (c) shamefully abandons or delivers up any post or guard which is committed to his ch arge, or which it is hi s duty to defend; or (d) directly or indirectly holds correspondence with, or assists or relieves any person in arms against the State or omits to discover immediately to his superior officer any such correspondence coming to his knowledge ; or who, while on active duty, (e) disobeys the lawful comm and of his superior officer; or (f) deserts the Force; or (g) being a sentry, sleeps upon his post or quits it without being regu larly relieved or without leave ; or (h) leaves his commanding officer, or his post or pa rty, to go in s earch of plunder; or 4 (i) quits his guard, picquet, party or patrol without being regu larly relieved or without leave; or (j) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or force s a safeguard or breaks into any house or other place for plunder, or plunders, destroys or d amages property of any kind; or (k) intentionally causes or spreads a false alarm in action o r in camp, garrison or quarters; or (l) displays cowardic e in the exec ution of his duty, shall be punishable with transportation for life for a term of not less than seven years or with imprisonment for a term which may extend to fourteen years or with fine which may extend to three months pay or with fine to that extent in addi tion to such sentence of trans portation or imprisonment. 10. Less heinous offences .Every member of the Force who (a) is in a state of intoxication when on, or after having been warned for, any duty or on parade or on the line of march; or (b) strikes or attempts to force any sentry; or (c) being in command of a guard, picquet or patrol, refuses to receive any prisoner or person duly committed to his charge, or without proper authority releases any person or prisoner placed under his charge, or negligently suffers any su ch prisoner or person to escape; or (d) being under arrest or in confinement, leaves his arrest or confinement, before he is set at liberty by lawful authority; or (e) is grossly insubordinate or insol vent to his superior officer in the execution of his office ; or (f) refuses to superintend or assist in the making of any field -work or other work of any description ordered to be made eit her in quarters or in the field ; or (g) strikes or otherwise ill-uses any member of the Force sub ordinate to him in rank or position; or (h) designedly or through neglect injur ies or loses or fraudulently disposes of his arms, clothes, tools, equipments, ammunition or accoutrements, or any such articles entrusted t o him o r belonging to any other person; or (i) malingers or feigns or produces disease or infirmity in himself, or intentionally delays his cure, or aggravat es his disease or infirmity; or (j) with intent to render himself or any other person unfit for ser vice, voluntarily causes hurt to himself or any other person; or (k) does not, when called upon by his superior officer so to do or upon ceasing to be a member of the Force forthwith deliver up, or duly account for, all or any arms, ammunition, stores, accoutrements or other property issued or supplied to him or in his custo dy or possession as such member ; or (l) knowingly furnishes a false return or report of the number or state of any men under his command or charge or of any money, arms, ammunition, clot hing, equipments, stores or other property in his charge, whether belonging to such men or to the Government or to any member of, or any person attached to the Force, or who, through design or culpable neglect, omits or refuses to make or send any return o r report of the matters aforesaid; or (m) absents himself without leave, or without sufficient cause over-stays leave granted to him; or (n) is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and discipli ne; or (o) contravenes any provision of this Act for which no p unishment is expressly provided ; or who, while not on active duty, 5 (p) commits any of the offences specified in clauses ( e) to ( l) (both inclusive) of section 9, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to three months' pay, or with both. 11. Minor punishments .(1) The Commandant or any other authority or officer as may be prescribed, may, subject to any rules made under t his Act, award in lieu of, or in addition to, suspension or dismissal any one or more of the following punishments to any member of the Force whom he considers to be guilty of disobedience, neglect of duty, or remissness in the discharge of any duty or of other misconduct in his capacity as a member of the Force, that is to say, (a) reduction in rank; (b)fine of any amount not exceeding one month's pay and allowances; (c) confinement to quarters, lines or camp for a term not exceeding one month; (d) confinement in the quarter -guard for not more than twenty -eight days, with or without punishment drill or extr a guard, fatigue or other duty ; and (e) removal from any office of distinction or special emolument in the Force. (2) Any punishment specified in clause (c) or clause (d) of sub -section ( 1) may be awarded by any gazetted officer when in command of any detachment of the Force away from headquarters, provided he is specially authorised in this behalf by the Commandant. (3) The assistant commandant, a company officer or a subordinate officer, not being below the rank of subedar or inspector, commanding a separate detachment or an outpost, or in temporary command at the headquarters of the Force, may, without a formal trial, award to any member of the Fo rce who is for the time being subject to his authority any one or more of the following punishments for the commission of any petty offence against discipline which is not otherwise provided for in this Act, or which is not of a sufficiently serious nature to require prosecution before a c riminal Court, that is to say, (a) confinement for not more than seven days in the quarter -guard or such other place as may be considered suitable, with forfeiture of all pay and al lowances during its continuance; (b) pun ishment drill, or extra guard, fatigue or other duty, for not more than thirty days, with or without confinement to quarters, lines or camp; (c) censure or severe censure: provided that this punishment may be awarded to a subordinate officer onl y by the Commandant. (4) A jemadar or sub -inspector who is temporarily in command of a detachment or an outpost may, in like manner and for the commission of any like offence, award to any member of the Force for the time being subject to his authority any of the p unishments specified in clause ( b) of sub -section ( 3) for not more than fifteen days. 12. Place of imprisonment and liability to dismissal on imprisonment .(1) Every person sentenced under this Act to imprisonment may be dismissed from the Force, and shall further be liable to forfeiture of pay, allowance and any other moneys due to him, as well as of any medals a nd decorations received by him. (2) Every such person shall, if he is so dismissed, be imprisoned in the prescribed prison, but if he is not also dismissed from the Force, he may, if the Court or the Commandant so dire cts, be confined in the quarter -guard or such other place as the Court or the Comm andant may consider suitable. 6 13. Deductions from pay and allowances .The following penal deductions may be made from the pay and allowances of a member of the Force by his c ompany officer, that is to say, (a) all pay and allowances for every day of absence either on desertion or without le ave and for every day of impri sonment awarded by a criminal Court or of confi nement awarded under section 11; (b) all pay and allowances for every day whilst he is in custody on a charge for an offence of which he is afterwards convicted; (c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him at the hospital to have been caused by an offence committed by him under this Act; (d) all pay and allowances ordered t o be forfeited under section 11; and (e) such sum as may be ordered by the Commandant or assistant commandant in order to make good any expenses caused by the member of the Force, or any loss of, or damage

the Commandant or assistant commandant in order to make good any expenses caused by the member of the Force, or any loss of, or damage or destruction done by him to, any arms, ammunition, equipment, clothing, instruments or decorations belonging to the Force or to any buildings or property. 14. Collective fines .Whenever any weapon, part of a weapon or ammunition, forming part of the equipment of a company or other similar unit of the Force, is lost or stolen the Commandant may, after making such inquir y as he thinks fit and subject to such rules as may be prescribed, impose a collective fine upon the subordinate officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft. ARREST 15. Arre st.(1) Any member of the Force who commits any offence specified in section 9 or section 10 may be placed on open or close arre st by any officer of the Force. (2) Where any subordinate offi cer orders an arrest under sub -section ( 1), he shall forthwith or at the earliest opportunity report the arrest to his company or detachment commander who shall after investigating the case order the release or the continued arrest of the member of the Force arrested. MISCELLANEOUS 16. Powers an d duties conferrable and imposable on members of the Force .(1) The Central Government may, by general or special order, confer or impose upon any member of the force any of the powers or duties conferred or imposed on a police officer of any class or gra de by any la w for the time being in force. (2) Notwithstanding anything contained in the C ode of Criminal Procedure, 1898 (5 of 1898 ), the Central Government may invest the Commandant or an assistant commandant with the powers of a Magistrate of any class for the purpose of inquiring into or trying any offence committed by a member of the Force and punishable under this Act, or any offence committed by a member of the Force against the person or property of another member: Provided that (i) when the offend er is on le ave or absent from duty, or (ii) when the offence is not connected with the offender s duti es as a member of the Force, or (iii) when it is a petty offence, even if connected with the offender's duties as a member of the Force , the offence may, if the prescribed authority within the limits of whose jurisdiction the offence has been committed, so directs, be inquired into or tried by an ordinary criminal Court having jurisdic tion in the matter. 17. Protection for acts of members o f the Force .(1) In any suit or proceeding against any member of the Force for any act done by him in pursuance of a warrant or order of a competent authority, 7 it shall be lawful for him to plead that such act was done by him under the auth ority of such wa rrant or order. (2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the Force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority whic h issued such warrant or order. (3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against any member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in, writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the com mencement of such proceeding. 18. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carryin g out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) regu lating the classes and grades of, and the pay, pension and other remuneration of, members of the Force, and their conditions of service in the Force ; (b) regulating the powers and duties of officers authorised to exercise any functions by or under this Act; (c) fixing the period of se rvice for members of the Force; (d) regulating the award of minor punishments under section 11, and providing for appeals from, or the revision of, orders under that section, or the remission of f ines imposed under that section, and the remission of d eductions made under section 13; (e) regulating the several or collective liability of members of the Force in the case of the loss or theft of weapons and ammunition; (f) for the disposal of criminal cases arising under this Act and for specifying the prison in which a person convicted in any such case may be confined. 1[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is i n session, for a total period of thirty days which may be comprised in one session or in two or more succ essive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anythi ng previ ously done under that rule.] 19. Validation of acts done before commencement of Act .Any order made, thing done, or action taken by or in relation to a member of the Force, on or after the 15th day of A ugust, 1947, but before the commencement of this Act, shall for all purposes be deemed to have been made, done or taken under this Act as if this Act were in force on the day on which such order was made, thing was done or action was taken 1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15 -5-1986). 8 THE SCHEDULE RECRUITING ROLL (See section 5 ) After you have served in the Force for such period as the Central Government may prescribe, you may, at any time when not on active duty, apply for discharge, through the officer to whom you may be subordinate , to the Commandant, and you will be granted your discharge after two months from the date of your application, unless your discharge would cause the vacancies in the Force to exceed one -tenth of the sanctioned strength in which case you shall be bound to r emain until this objection is waived or removed. But when on active duty, you shall have no claim to a discharge, and you shall be bound to remain to do your duty until the necessity for retaining you in the Force ceases when you may make your application in the above mentioned manner: Provided that, if you wish to withdraw from the Force, you may submit your resignation at any time before the expiration of the first three months of your service, but not afterwards until the completion of the period prescri bed as aforesaid ; the Commandant may either accept your resignation forthwith or at the end of three months from the date of its receipt: Provided, also, that the Commandant may, if he thinks fit, allow you to resign at any time on your giving three month s' notice of your wish to do so. Signature of the member of the Force in acknowledgement of the abo ve having been read out to him. Space for impression of the member's left thumb to be taken in the presence of the enrolling officer, Signed in my presen ce after I had ascertained that the candidate understood the purport of what he signed. Commandant or othe r authorised enrolling officer Place Date

THE CANTONMENTS ACT, 2006 ACT NO. 41 OF 2006 [13th September , 2006.] An Act to consolidate and amend the law relating to the administration of cantonments with a view to impart greater democratisation, improvement of their financial base to make provisions for developmental activities and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty -seventh Year of the Republic of India as follow s: CHAPTER I PRELIMINARY 1. Short t itle, extent and commencement .(1) This Act may be called the Cantonments Act, 2006. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this A ct and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. Definitions. In this Act, unless there is anything repug nant in the subject or context, (a) Assistant Health Officer means the medical officer appointed by the General Officer Commanding -in-Chief, the Command, to be the Assistant Health Officer for a cantonment; (b) Board means a Cantonment Board constituted under this Act; (c) boundary wall means a w all which abuts on a street and which does not exceed two and a half metres in height; (d) building means a house, outhouse, stable, la trine, shed, hut or other roofed structure whether of masonry, brick, wood, mud, metal or other material, and any part thereof, and includes a well and a wall other than a boundary wall but does not include a tent or other portable and temporary shelter; (e) casual election means an election held to fill a casual vacancy; (f) casual vacancy means a vacancy occurring ot herwise than by efflux of time in the office of an elected member of a Board and includes a vacancy in such office, arising under sub -section ( 2) of section 1 6; (g) Chief Executive Officer means the person appointed under this Act to be the Chief Executive Officer of a cantonment; (h) civil area means an area declared to be a civil area by the Central Government under sub-section ( 1) of section 46; (i) civil area committee means a committee appointed under section 47; (j) Command means one of the Commands into which India is for military purposes for the time being divided, and includes any area which the Central Government may, by notification in the Official Gazette, declare to be a Command for all or any of the purposes of this Act; (k) dairy includes any farm, cattle -shed, milk -store, milk -shop or other place from which milk is supplied or in which milk is kept for purposes of sale or is manufactured for the sale int o butter, ghee, cheese or curds, and, in relation to a dairyman who does not occupy any premises for the sale of milk, includes any place in which he keeps the vessels used by him for the storage or sale of milk; 1. 18th December, 2006, vide notification No. S.R.O. 15 (E), dated 18th December, 2006, see Gazette of India , Extraordinary, Part II, sec. 3 (i). 14 (l) dairyman includes the keeper of a cow , buffalo, goat, ass or other animal, the milk of which is offered or is intended to be offered for sale for human consumption, and any supplier of milk and any occupier of a dairy; (m) dangerous disease means cholera, leprosy, enteric fever, smallpox, tuberculosis, diphtheria, plague, influenza, venereal disease, hepatitis, Acquired Immune Deficiency Syndrome and any other epidemic, endemic, infectious or communicable disease which the Board may by publi c notice, declare to be, an infectious, contagious or communicable disease for the purposes of this Act; (n) Defence Estates Circle means one of the circles into which India is, for the purposes of defence estates management, for the time being divided, and includes any area which the Central Government may, by notification in the Official Gazette, declare to be a Defence Estates Circle for all or any of the purposes of this Act; (o) Defence Estates Officer means the officer appointed by the Central Gov ernment to perform the duties of the Defence Estates Officer for the purpose of this Act and the rules made thereunder; (p) Director General means an officer of the Indian Defence Estates Service (IDES) appointed by the Central Government to perform the duties of the Director General, Defence Estates for the purpose of this Act and includes Senior Additional Director General and Additional Director General; (q) Director means the officer appointed by the Central Government to perform the duties of the D irector, Defence Estates, the Command, for the purposes of this Act and the rules made thereunder; (r) entitl ed consumer means a person in a cantonment who is paid from the Defence Service Estimates and is authorised by general or special order of the Ce ntral Government to receive a supply of water for domestic purposes from the Military Engineer Services or the Public Works Department on such terms and conditions as may be specified in the order; (s) Executive Engineer means the officer of the Militar y Engineer Services of that grade, having charge of the military works in a cantonment or where more than one such officer has charge of the military works in a cantonment such one of those officers as the Officer Commanding the station may designate in th is behalf, and includes the officer of whatever grade in immediate executive engineering charge of a cantonment; (t) factory means a factory as defined in clause ( m) of section 2 of the Factories Act, 1948 (63 of 1948) ; (u) Forces means the regular Army, Navy and Air Force or any part of any one or more of them; (v) General Officer Commanding -in-Chief, the Command (GOC -in-C, Command) means the Officer Commanding any of the Commands; (w) Gene ral Officer Commanding the Area means the Officer Commanding any one of the areas into which India is for military purposes for the time being divided, or any sub -area which does not form part of any such area, or any area which the Central Government may, by notification in the Official Gaze tte, declare to be an area for all or any of the purposes of this Act; (x) Group Housing means a group of houses for dwelling purposes and may comprise all or any of the following: namely , (a) a dwelling unit , (b) open spaces intended for recreation and ventilation , (c) roads, paths, sewers, drains, water supply and ancillary installations, stree t lighting and other amenities , (d) convenient shopping place, schools, community hall or other amenities for common use ; (y) Government in relation to this Act means the Central Government; (z) Health Officer means the senior executive medical officer in military employ on duty in a cantonment; (za) hospital includes family welfare centre, child welfare centre, mate rnity centre and health centre; 15 (zb) hut means any building, no material portion of which above the plinth level is constructed of masonry or of squared timber framing or of iron framing; (zc) inhabitant , in relation to a cantonment, or local area means any person ordinarily residing or carrying on business or owning or occupying immovable property therein, or declared as such by the Chief Executive Officer and in case of a dispute, as decided by the District Magistrate; (zd) intoxicating drug includes a narcotic drug and psychotropic substance as defined in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) as modified from time to time; (ze) market includes any place where persons assemble for the sale of, or for the pur pose of exposing for sales, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for th e concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other person, but shall not include a single shop or group of shops not being mor e than six in number and shops within unit lines; (zf) military includes Air Force, Navy and other defence related establishments; (zg) military officer means a person who, being an officer within the meaning of the Army Act, 1950 (46 of 1950) , the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950) , is commissioned, gazetted or in pay as an officer doing army, naval or air force duty with the army, navy or air force, or is an officer doing such duty in any arm, branch or part of any of those forces; (zh) nuisance includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dang erous to life or injurious to health or property; (zi) occupier includes an owner in occupation of, or otherwise using his own land or building; (zj) Officer Commanding t he station or Station Commander means the military officer for the time being in command of the forces in a cantonment and if such officer is likely to be absent for more than thirty days, the General Officer Commanding -in-Chief, the Command may nominate, by an order, another military officer as Officer Commanding t he station or Stat ion Commander ; (zk) ordinary election means an election held to fill a vacancy in the office of an elected member of a Board arising by efflux of time; (zl) owner includes any person who is receiving or is entitled to receive the rent of any buildin g or land whether on his own account or on behalf of himself and others or an agent or trustee, or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant; (zm) party wall means a wall forming part of a building and used or constructed to be used for the support or separation of adjoining buildings belonging to different owners, or constructed or adapted to be occupied by different persons; (zn) Principal Director means the Officer appointed by the Centr al Government to perform the duties of the Principal Director, Defence Estates, the Command for the purpose of this Act and the rules made thereunder; (zo) private market means a market which is not maintained by a Board and which is licensed by a Board under the provisions of this Act; (zp) private slaughter -house means a slaughter -house which is not maintained by a Board and which is licensed by a Board under the prov isions of this Act; (zq) public market means a market maintained by a Board; (zr) public place means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; (zs) public slaughter -house means a slaughter -house maintained by a Board; 16 (zt) resident , in relation to a cantonment, means a person who maintains therein a house or a portion of a house which is at all times available for occupation by himself or his family even though he may himself reside elsewhere, provided that he has not abandoned all intention of again occupying such house either by himself or his family; (zu) regulation means a regulation made by a Cantonment Board under this Act by notification in the Official G azette; (zv) rule means a rule made by the Central Government under this Act by notification in the Official Gazette; (zw) shed means a slight or temporary structure for shade or shelter; (zx) slaughter -house means any place ordinarily used for th e slaughter of animals for the purpose of selling the flesh thereof for human consumption; (zy) soldier means any person who is a soldier or sailor or an airman subject to the Army Act, 1950 (46 of 1950) , the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950) , as the case may be, and who is not a military officer; (zz) spirituous liquor means any fermented liquor, any wine, or any alcoholic liquid obtained by distillation or the sap of any kind of palm tree, and includes any other liq uid containing alcohol which the Central Government may, by notification in the Official Gazette, declare to be a spirituous liquor for the purposes of this Act; (zza) street includes any way, road, lane, square, court, alley or passage in a cantonment, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the road -way or foot -way over any bridge or cause way; (zzb) sub-area means one of the sub -areas into which India is for military purposes f or the time being divided and includes, for all or any of the purposes of this Act, any territory which the Central Government may, by notification in the Official Gazette, declare to be a sub -area for such purposes; (zzc) trade or commercial premises means any premises used or intended to be used for carrying on any trade, commerce or industry; (zzd) vehicle means a wheeled conveyance of any description which is capable of being used on a street, and includes a motor -car, motor lorry, motor omnibus, cart, locomotive, tram -car, handcart, truck, motor -cycle, bicycle, tricycle and rickshaw; (zze) wate r-works includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water -trucks, sluices mains, pipes, culverts , hydrants, stand -pipes, and conduits and all machinery, lands, buildings, bridges and things used for, or intended for the purpose of supplying water to a cantonment; and (zzf) year means the year commencing on the first day of April. CHAPTER II DEFINIT ION AND DELIMITATION OF CANTONMENT 3. Definition of cantonments. (1) The Central Government may, by notification in the Official Gazette, declare any place or places along with boundaries in which any part of the Forces is quartered or

by notification in the Official Gazette, declare any place or places along with boundaries in which any part of the Forces is quartered or which, being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for the purposes of this Act and of all other enactments for the time being in force, and may, by a like notification, declare that any cantonment shall cease to be a cantonment. (2) The Central Government may, by a like notification, define the limits of any cantonment for the aforesaid purposes. (3) When any place is declared a cantonment under sub -section ( 1), the Central Government shall constitut e a Board within a period of one year in accordance with the provisions of this Act: Provided that the Central Government may, for the reasons to be recorded in writing, extend the said period of one year for a further period of six months at a time: 17 Prov ided further that the Central Government may, until a Board is constituted, by order make necessary provisions for the efficient administration of the cantonment. (4) The Central Government may, by notification in the Official Gazette, direct that in any p lace declared a cantonment under sub -section ( 1) the provisions of any enactment relating to local self-government other than this Act shall have effect only to such extent or subject to such modifications, or that any authority constituted u nder any such enactment shall exercise authority only to such extent, as may be specified in the notification. 4. Alteration of limits of cantonments. (1) The Central Government may after consulting the State Government and the Board concerned, by notification in the Official Gazette, declare its intention to include within the cantonment any local area situated in the vicinity thereof or to exclude from the cantonment any local area comprised therein. (2) Any inhabitant of a cantonment or local are a in respect of which notification has been published under sub -section (1) may, within eight weeks from the date of notification, submit in writing to the Central Government through the General Officer Commanding -in-Chief, the Command, an objection to the notification, and the Central Government shall take such objection into consideration. (3) On the expiry of eight weeks from the date of the notification, the Central Government may after considering the objections, if any, which have been submitted unde r sub -section ( 2), by notification in the Official Gazette, include the local area in respect of which the notification was published under sub-section ( 1), or any part thereof, in the cantonment or, as the case may be, exclude such area or any part thereof from the cantonment . 5. The effect of including area in cantonment .When, by a notification under section 4, any local area is included in a cantonment, such area shall there upon become subject to this A ct and to all other enactments for the time being in force throughout the cantonment and to all notifications, rules, regulations, bye-laws, orders and directions issued or made thereunder. 6. Disposal of cantonment fund and cantonment development fund when area ceases to be a cantonment .(1) When, by a notification under section 3, any cantonment ceases to be a cantonment and the local area comprised therein is immediately placed under the control of a local authority, the balance of the cantonment fund or the cantonment development fund and other property vesting in the Board shall vest in such local authority, and the liabilities of the Board shall be tran sferred to such local authority. (2) When, in like manner, any canto nment ceases to be a cantonment and the local area comprised therein is not immediately placed under the control of a local authority, the balance of the cantonment fund or the cantonment development fund and other property vesting in the Board shall vest in the Central Government, and the liabilities of the Board shall be transferred to that Government. 7. Disposal of cantonment fund and cantonment development fund when area ceases to be included in a cantonment .(1) When, by a notification under section 4, any local area forming part of a cantonment ceases to be under the control of a particular Board and is immediately placed under the control of some other local authority, such portion of the cantonment fund or the cantonment development fund and other property vesting in the Board and such portion of the liabilities of the Board, as the Central Government may, by general or special order, direct, shall be transferred to that other local authority. (2)When, in like manner, any local area forming part of a cantonment ceases to be under the control of a particular Board and is not immediately placed under the control of some other local authority; such portion of the cantonment fund or the cantonment development fund and other property vesting in the Board shall vest in the Central Government, and such portion of the liabilities of the Board shall be transferred to that Government, as the Central Government may, by general or special order, direct. 8. Application of funds and property transferred under sections 6 and 7 .Any cantonment fund or a cantonment development fund or a portion thereof or other property of a Board vesting in the Central Government under the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabili ties of the Board transferred under such provisions to that Government, and in the second place for 18 the benefit of the inhabitants of the local area which has ceased to be a cantonment or, as the case may be, part of a cantonment. 9. Limitation of operati on of Act. The Central Government may, by notification in the Official Gazette, exclude from the operation of any part of this Act the whole or any part of a cantonment, or direct that any provision of this Act shall, in the case of any cantonment (a) situated within the limits of a metropolitan area; or (b) in which the Board is superseded under section 60, apply with such modification as may be so specified. CHAPTER III CANTONMENT BOARDS Boards 10. Cantonment Board. (1) For every cantonment there shall be a Cantonment Board. (2) Every Board shall be deemed to be a municipality under clause ( e) of article 243P of the Constitution for the purposes of (a) receiving grants and allocations; or (b) implementing the Central Government schemes of social welfare, public health, hygiene, safety, water supply, sanitation, urban renewal and education. 11. Incorporation of Cantonment Board. Every Board shall, by the name of the place by reference to which the cantonment is known, be a body corporate having perpetual succession and a common seal with power to acquire and hold property both movable and immovable and to contract and shall by the said name, sue and be sued. 12. Constitution of Cantonment Boards .Cantonments shall be divided into four categories, namely: (i) Category I Cantonments, in which the population exceeds fifty thousand; (ii) Category II Cantonments, in which the population exceeds ten thousand, but does not exceed fifty thousand; (iii) Category III Cantonments, in which the population exceeds two thousand five hundred, but does not exceed ten thousand; and (iv) Category IV Cantonments, in which the population does not exceed two thousand five hundred. (2) For the purposes of sub-sectio n (1), the population shall be calculated in accordance with the latest official census, or, if the Central Government, by general or special order, so directs, in accordance with a special census taken for the purpose. (3) In Category I Cantonments, the Board shall consist of the following members, namely: (a) the Officer Commanding the station as ex officio or, if the Central Government so directs in respect of any cantonment, such other military officer as may be nominated in his place by the General O fficer Commanding -in-Chief, the Command; (b) the District Magistrate or an Executive Magistrate not below the rank of Additional District Magistrate nominated by him; (c) the Chief Executive Officer; (d) the Health Officer ex officio ; (e) the Executive Engineer ex officio ; (f) three military officers nominated by name by the Officer Commanding the station by order in writing; 19 (g) eight members elected under this Act. (4) In Category II Cantonments, the Board shall consist of the followin g members, namely: (a) the Officer Commanding the station as ex officio or, if the Central Government so directs in respect of any cantonment, such other military officer as may be nominated in his place by the General Officer Commanding -in-Chief, the Command; (b) the District Magistrate or an Executive Magistrate not below the rank of Additional District Magistrate nominated by him; (c) the Chief Executive Officer ; (d) the Health Officer ex officio ; (e) the Executive Engineer ex officio ; (f) two military officers nominated by name by the Officer Commanding the station by order in writing; (g) seven members elected under this Act. (5) In Category III Cantonments, the Board shall consist of the following members, namely: (a) the Officer Commanding the station as ex officio or, if the Central Government so directs in respect of any cantonment, such other military officer, as may be nominated in his place by the General Officer Commanding -in-Chief, the Command; (b) the District Magistrate or an Executive Magistrate nominated by him; (c) the Chief Executive Officer ; (d) the Health Officer ex officio ; (e) the Executive Engineer ex officio ; (f) one military officer nominated by name by the Officer Commanding the station by order in writing; (g) six members elected under this Act. (6) In Category IV Cantonments, the Board shall consist of the following members, namely: (a) the Officer Commanding the station ex officio or, if the Central Government so directs in respect of any cantonment, such other military officer as may be nominated in his place by the General Officer Commanding -in-Chief, the Command; (b) the Chief Executive Officer; (c) two members elected under this Act. (7) The Officer Commanding the station may, if he thinks fit, with the sanction of the General Officer Commanding -in-Chief, the Command, nominate in place of any military officer whom he is empowered to nominate under clause ( f) of sub -section ( 3), clause ( f) of sub -section ( 4) or clause ( f) of sub-section ( 5), any person, whether in the service of the Government or not, who is ordinarily resident in the cantonment or in the vicinity thereof. (8) Every election or nomination of a member of a Board and every vacancy in the elected membership ther eof shall be notified by the Central Government in the Official Gazette; (9) The Member of Parliament and Member of Legislative Assembly representing constituencies which comprises wholly or partly the cantonment area, shall be special invitees for the me etings of the Board but without a right to vote. 13. Power to vary constitution of Boards in special circumstances .(1) Notwithstanding anything contained in section 12, if the Ce ntral Government is satisfied, (a) that by reason of military operations, it is necessary, or 20 (b) that, for the administration of the cantonment, it is desirable, to vary the constitution of the Board in any cantonment under this section, the Central Government may, by notification in the Official Gazette, make a de claration to that effect. (2) Upon the making of a declaration under sub -section (1), the Board in the cantonment shall consist of the following members, namely: (a) the Officer Commanding the station, (b) the Chief Executive Officer, and (c) one membe r, not being a person in the service of the Government, nominated by the Central Government in consultation with the General Officer Commanding -in-Chief, the Command. (3) The nomination of a member of a Board constituted under this section, and the vacanc y in the membership thereof shall be notified by the Central Government in the Official Gazette. (4) The term of office of a Board constituted by a declaration under sub -section ( 1) shall not ordinarily extend beyond one year: Provided that the Central Government may from time to time, by a like declaration, extend the term of office of such a Board by any period not exceeding one year at a time: Provided also that the Central Government shall forthwith direct that the term of office of such a Board shal l cease if, in the opinion of the Central Government, the reasons stated in the declaration whereby such Board was constituted or its term of office was extended, have ceased to exist. (5) When the term of office of a Board constituted under this section has expired or ceased, the Board shall be replaced by the former Board which, but for the declaration under sub -section ( 1) or sub-section ( 4), would ha ve continued to hold office, or , if the term of office of such former Board has expired, by a Board constituted under section 12. 14. Term of office of members. (1) Save as otherwise provided in this section, the term of office of a member of a Board shall b e five years and shall commence (a) in case of an elected member, from the date of notification of his election under sub-section ( 8) of section 12, or from the date on which the vacancy has occurred to which he is elected, whichever is later; and (b) in case of a nominated member, from the dat e of nomination under clauses ( b) and ( f) of sub-section ( 3), clauses ( b) and ( f) of sub -section ( 4) and clauses ( b) and ( f) of sub -section ( 5) of section 12, or the date of vacancy under clause ( b) of sub -section ( 1) of section 18, whichever is later, and the member so nominated shall be able to take part in the proceedings of the Board: Provided that the Central Government may, when satisfied that it is necessary in order to avoid administrative difficulty, extend the term of office of all the elected members of a Board by such period not exceeding one year, as it thinks fit: Provided further that a member whose term of office has been so extended, shall cease to hold office on the date of the notification of the election of his successor u nder sub -section ( 8) of section 12. (2) The term of office of an ex officio member of a Board shall continue so long as he holds the office by virtue of which he is such a member. (3) The term of office of a member elected to fill a casual vacancy shall commence from the date of the notification of his election, and shall continue so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred. (4) An outgoing member shall, unless the Central Government otherwise directs, continue in office until the election of his successor is notified under sub -section ( 8) of section 12 or the nomination of his successor, as the case may be. (5) Any outgoing member may, if qualified,

or the nomination of his successor, as the case may be. (5) Any outgoing member may, if qualified, be re -elected or re -nominated. 21 15. Filling of vacancies .(1) Vacancies arising by efflux of time in the office of an elected member of a Board shall be filled by an ordinary election to be held on such date as the Central Government may, by notification in the Official Gazette , direct. (2) A casual vacancy shall be filled by a casual election the date of which shall be fixed by the Central Government by notification in the Official Gazette, and shall be, as soon as may be, after the occurrence of the vacancy: Provided that no casual election shall be held to fill a vacancy occurring within six months of any date on which the vacancy will occur by efflux of time, but such vacancy shall be filled at the next ordinary election. 16. Vacancies in special cases. (1) If for any cau se at an election no member is elected, or if the elected member is unwelling to serve on the Board, fresh election shall be held to fill up such vacancy. (2) If a person is elected to more than one seat in a Board, then, unless he resigns all but one of the seats within fourteen days from the date on which he is declared elected, or where the dates on which he is declared elected are different in respect of different seats, from the last of such dates, all the seats shall become vacant. (3) Vacancies ari sing in any of the following cases shall be filled by nomination by the Central Government after consultation with the General Officer Commanding -in-Chief, the Comma nd, namely: (a) where at a casual election no member is elected; (b) where at an election held when a Board is constituted for the first time no member or an insufficient number of members is elected or an elected member is unwilling to serve on the Board. (4) For the purposes of sub -section ( 2) of section 15, a member nominated in pursuance o f sub-section ( 3) of this section shall where there has been a division of the cantonment into wards, be deemed to have been elected by such ward as the Central Government may at the time of making the nomination or at any time therea fter declare. (5) The term of office of a member nominated under this section shall expire at the time at which it would have expired if he had been elected at the casual election. 17. Oath or affirmation. Every person who is by virtue of his office, or who is nominated or elected to be, a member of the Board shall, before taking his seat, make and subscribe at a meeting of the Board an oath or affirmation of his allegiance to the Constitution of India in the following form, namely: become I, A.B., having been elected a member of this Board, do been nominated swear in the name of God that I will bear true faith and allegiance to the Constitution of solemnly affirm India as by law established and that I will faithfully discharge the duty upon which I am about to enter. 18. Resignation .(1) (a) Any elected member of a Board who wishes to resign his office may give his resignation in writing to the President of the Board who shall forward it for acceptance and notification to the Central Government under intimation to the General Officer Co mmanding -in-Chief, the Command. (b) Any nominated member of a Board who wishes to resign his office may forward his resignation in writing through the President of the Board to the General Officer Commanding -in-Chief, the Command for orders. (2) If the Central Government or the General Officer Commanding -in-Chief, the Command, as the case may be, accepts the resignation, such acceptance shall be communicated to the Board, and thereupon the seat of the member resigning shall become vacant. 22 (3) Notwithstanding anything contained in sub -section ( 2), the resignation of any person elected to more than one seat in a Board from all but one of t he seats in pursuance of sub -section ( 2) of section 16 shall take effect when such resignation is received by the President of the Board. 19. President and Vice -President .(1) The Officer commanding the station if a member of the Board shall be the President of the Board: Provided that when a military officer holding the office of the President ceases to be the Officer commanding the station merely by reason of a temporary absence from the station for a period not exceeding thirty consecutive days, h e shall not vacate the office of President. (2) Where the Officer commanding the station is not a member of the Board, the military officer nominated in his place under clause (a) of sub -section ( 3), sub -section ( 4), sub -section ( 5) or sub-section ( 6) of section 12 shall be the President of the Board. (3) In every Board except in case of a Board falling under Category IV Cantonment there shall be a Vice -President elected by the elected members only from amongst them in accordance with suc h procedure as the Central Government may by rule prescribe. (4) In case of a Board falling under Category IV Cantonment, the Vice -President shall be elected by draw of lot under the supervision of the President of the Board in such manner as he may decid e. 20. Term of office of Vice -President .(1) The term of office of a Vice -President shall be five years or his residual term of office as a member, whichever is less. (2) A Vice -President may resign his office by notice in writing to the President and, on the resignation being accepted by the Board, the office shall become vacant. (3) A Vice -President may be removed from his office, at a special meeting convened for the purpose on a requisition for the same by not less than one -half of the elected membe rs of the Board holding office, by a resolution passed by a majority of not less than two -thirds of the total number of elected members then holding office and attending and no member, other than an elected member, shall have the r ight to vote on the resol ution: Provided that in case of Category IV Cantonments, the Vice -President may be removed if a resolution to this effect is passed by the Board and the other elected member shall become the Vice -President. 21. Duties of President. (1) It shall be the duty o f the President of every Board (a) unless prevented by reasonable cause, to convene and preside at all meetings of the Board and to regulate the conduct of business thereat; (b) to control, direct and supervise the financial and executive administration of the Board; (c) to perform all the duties and exercise all the powers specifically imposed or conferred on the President by or under this Act; and (d) subject to any restrict ions, limitations and conditions imposed by this Act, to exercise executive power for the purpose of carrying out the provisions of this Act and to be directly responsible for the fulfilment of the purposes of this Act; (e) in case of gross misconduct dur ing the course of meeting, to suspend a member other than a Chief Executive Officer from attending the unconcluded part of the meeting of the Board. (2) The President may, by order in writing, empower the Vice -President to exercise all or any of the power s and duties referred to in clause ( b) of sub -section ( 1) other than any power, duty or function which he is by resolution of the Board expressly forbidden to delegate. (3) The exercise or discharge of any powers, duties or functions delegated by the Pres ident under this section shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the President and to the control of, and to revision by, the President. (4) Every order made under sub -section ( 2) shall forthwith b e communicated to the Board and to the General Officer Commanding -in-Chief, the Command. 23 22. Duties of Vice -President .(1) It shall be the duty of the Vice -President of every Board, (a) in the absence of the President and unless prevented by reasonable cause, to preside at meetings of the Board and when so presiding to exercise the authority of the President under sub-section ( 1) of section 21; (b) during the incapacity or temporary absence of the President or pending his appointment or succession to perform any other duty and exercise any other power of the President; and (c) to exercise any power and perform any duty of the President which may be delegated to him under sub -section ( 2) of section 21. 23. Allowances to Vice -President an d members .The Vice -President and each elected member of the Board shall be entitled to receive such allowances, as the Central Government may, by rule, prescribe. 24. Appointment of Chief Executive Officer. (1) For every cantonment there shall be a Chief Executive Officer appointed by the Central Government or by such person as the Central Governmen t may authorise in this behalf: Provided that, in the event of temporary absence of the Chief Executive Officer, not exceeding ninety days, the Principal Director shall designate an officer under his jurisdiction to perform the duties of the Chief Executive Officer during such period. (2) Not less than one -half of the salary of the Chief Executive Officer shall be paid by the Central Government and the bal ance from the cantonment fund. (3) The Chief Executive Officer shall be the Member -Secretary of the Board and of every Committee of the Board. 25. Duties of Chief Executive Officer .(1) Subject to the provisions of clause ( c) and clause ( d) of sub-section ( 1) of section 21, the Chief Executive Officer shall (a) exercise all the powers and perform all the duties conferred or imposed upon him by or under this Act or any other law for the time being in force; (b) subject to any restrictions, limi tations and conditions imposed by this Act, to exercise executive power to ensure that the administration of the Board is carried out in accordance with provisions of this Act; (c) prescribe the duties of, and exercise supervision and control over the act s and proceedings of all, officers and employees of the Board; (d) be responsible for the custody of all records of the Board; (e) arrange for the performance of such duties relative to the proceedings of the Board or of any Committee of the Board or of any Committee of Arbitration constituted under this Act, as those bodies may respectively impose on him; and (f) comply with every requisition of the Board on any matter pertaining to the administration of the cantonment. 26. Special power of Chief Execu tive Officer .(1) The Chief Executive Officer may direct the execution of any work or the doing of any act, in public interest and in accordance with the provisions of this Act and the rules made thereunder, and incur such expenditure as may be necessary i n executing such work or doing such act, as the case may be, subject to the financial limits which the Board may by resolution determine subject to general guidelines issued by the Director General, Defence Estates with the approval of the Central Governme nt. (2) The Chief Executive Officer may, in case of emergency, direct the execution of any work or the doing of any act which would ordinarily require the sanction of the Board and immediate execution or doing of which is in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing such work or doing such act shall be paid from the cantonment fund: 24 Provided that (a) he shall not act under this section without the previous sanction of the President or, in his absence, of the Vice -President; (b) he shall not act under this section in contravention of any order of the Board prohibiting the execution of any particular work or the doing of any particular act; and (c) he shall report forthwith the action ta ken under this section and the reasons there for to the Board. Elections 27. Electoral rolls. (1) The Board or, where a Board is not constituted in any place declared by notification under sub -section ( 1) of section 3 to be a cantonment, the Officer Commanding the station, shall prepare and publish an electoral roll showing the names of persons qualified to vote at elections to the Board and such roll shall be prepared, revised and finally published in such manner and on such date in each year as the Central Government may by rule prescribe. (2) Every person whose name appears in the final electoral roll shall, so long as the roll remains in force, be entitled to vote at an election to the Board, and no other person shall be so entitled. (3) When a ca ntonment has been divided into wards, the electoral roll shall be divided into separate lists for each ward. (4) If a new electoral roll is not published in any year on the date prescribed, the Central Government may direct that the old electoral roll shall continue in operation until the new roll is published. 28. Qualification of electors .(1) Every person who, on such date as may be fixed by the Central Government in this behalf by notification in the Official Gazette here in after in this section r eferred to as the qualifying date , is not less than eighteen years of age and who has resided in the cantonment for a period of not less than six months immediately preceding the qualifying date shall, if not otherwise disqualified, be entitled to be enr olled as an elect or. Explanation. When any place is declared a cantonment for the first time, or when any local area is first included in a cantonment, residence in the place or area comprising the cantonment on the aforesaid date shall be deemed to be residence in the cantonment for the purposes of this sub -section. (2) A person notwithstanding that he is otherwise qualified, shall not be entitled to be enrolled as an elector if he on the qualifying d ate (i) is not a citizen of India, or (ii) has been adjudged by a competent court to be of unsound mind, or (iii) is an undischarged insolvent, or (iv) has been sentenced by a Criminal Court to imprisonment for a term exceeding two years for an offence which is declared by the Central Government to be su ch as to unfit him to become an elector or has been sentenced by a Criminal Court for any offence under Chapter IXA of the Indian Penal Code (45 of 1860): Provided that any disqualification in curred by a person under clause (iv) shall terminate on the lapse of three years from the expiry of the sentence or order. (3) If any person having been enrolled as an elector in any electoral roll subsequently becomes subject to any of the disqualifications referred to in sub -section ( 2), his name shall be remove d from the electoral roll unless, in the case referred to in clause ( iv), the disqualification is removed by the Central Government. 29. Qualification for being a member of the Board. (1) Save as hereinafter provided,

Government. 29. Qualification for being a member of the Board. (1) Save as hereinafter provided, every person, not being a person hold ing any office of profit under the Government, whose name is entered on the electoral roll of a cantonment shall be qualified for election as a member of the Board in that cantonment. 25 (2) No person shall be qualified for nomination as a member of a Board if he is subject to any of the disqualifications specified in sub -section ( 2) of section 28. (3) No person shall be qualified for being chosen whether by election or nomination as, and for being a member of a Board, if he (a) has been dismissed from the service of the Government and is debarred from re -employment therein, or is a dismissed employee of a Board; (b) is debarred from practising his profession or calling by order of any competent authority; (c) holds any place of profit in the gift or at th e disposal of the Board, or is a police officer, or is the servant or employer of a member of the Board; or (d) is interested in a subsisting contract made with, or in work being done for, the Board except as a shareholder other than a director in an inco rporated company; or (e) is an officer or employee, permanent or temporary, of a Board or of any other local authority; or (f) is a member of any other local authority; or (g) has, by the authority referred to in clause ( f) of section 31, been found to have been guilty of any of the corrupt practices specified in sub-section (2) of section 30 unless a period of five years has elapsed since the date of the decision of the authority; or (h) fails to pay any arrears of any kind due by him otherwise than as an agent, receiver, trustee or an executor, to the Board within thirty days after the notice in this behalf has been served upon him; or (i) is disqualified under a ny other provision of this Act: Provided that a person shall not be deemed to have any interest in such a contract or work as is referred to in clause ( d) by reason only of his having a share or interest in (a) any lease or sale or purchase of immovable property or any agreement for the same; or (b) any agreement for the loan of money or any s ecurity for the payment of money only; or (c) any newspaper in which any advertisement relating to the affairs of the Board is inserted; or (d) the sale to the Board of any articles in which he regularly trades or the purchase from the Board of any artic les, to a value in either case not exceeding twenty -five thousand rupees in the aggregate in any year during the period of the contract or work. 30. Interpretation. (1) For the purpo ses of sections 27, 28 and 29, person means an individual human being. (2) The following shall be deemed to be corrupt practices within the meaning of clause ( g) of sub-section (3) of section 29, namely: (1) bribery that is to say (A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent of any gratification to any person whomsoever, with the object, dire ctly or indirectly of inducing (a) a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate at an election; or (b) an elector to vote or refrain from voting at an election, or as a reward to (i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or (ii) an elector for having voted or refrained from voting; 26 (B) the receipt of, or agreement to receive, any gratification, whether as a motive or are ward (a) by a person for standing or not standing as, or for withdrawing or not withdrawing, from being a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature. Explanation .For the purpose of this clause, the term gratification is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election. (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his agent with the free exercise of any electoral right: Provide d that (a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who (i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex -communication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an o bject of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right s hall not be deemed to interfere within the meaning of this clause. (3) The appeal by a candidate or his agent or by any other person with the consent of a candidat e or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as national flag or the nationa l emblem for the furt herance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. (4) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citize ns of India on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. (5) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election. (6) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his agent or the use of such vehicle or vessel for the free conveyance of any elector other than the candidate himself, the members of his family or his agent to or from any polling station or place fixed for the poll: Provided that the hiring of a vehicle or vessel by any elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: 27 Provided f urther that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corr upt practice under this clause. Explanation .In this clause, the expression vehicle means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other v ehicles or otherwise. (7) The obtaining or procuring or abetting or at tempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his agent, any assistance other than the giving of vote for the furt herance of the prospects of that candidate's election, from any person in the service of the Government or the Board: Provided that where any person, in the service of the Government or the Board in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his agent whether by reason of the office held by the candidate or for any other reason, such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospect s of that candidate s election. Explanation .In this section, the expression agent includes any person who is held to have acted as an agent in connection with the election with the consent of the candidate. 31. Power to ma ke rules regulating elections .The Central Government may, either generally or specially for any cantonment or group of cantonme nts, after previous publication, make rules consistent with this Act to regulate all or any of the following matters for the purpose of the holding of el ections under this Act, namely: (a) the division of a cantonment into wards; (b) the determination of the number of members to be elected by each ward; (c) the preparation, revision and final publication of electoral rolls; (d) the reservation of wards for election of the Scheduled Castes, the Scheduled Tribes and women; (e) the registration of electors, the nomination of candidates, the time and manner of holding elections and the method by which votes shall be recorded; (f) the authority which may be an officer of the State Govern ment by which and the manner in which disputes relating to electoral roll s or arising out of elections shall be decided, and the powers and duties of such authority and the circumstances in which such authority may declare a casual vacancy to have been created or any candidate to have been elected; (g) the fee to be paid for a dmission and consideration of any application relating to election or election disputes; (h) any other matter relating to elections or election disputes in respect of which the Central Government is empowered to make rules under this Chapter or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary. Members 32. Member not to vote on mat ter in which he is interested. (1) No member of a Board shall vote at a meeting of the Board or of any Committee of the Board on any question relating to his own conduct or vote or take part in any discussion on any matter, other than a matter affecting generally the inhabitants of the cantonment, which affects his own pecunia ry interest or the valuation of any property in respect of which he is directly or indirectly interested, or of any property of or for which he is a manager or agent. 28 (2) Where any member of the Board present at the meeting of the Board or any committee of the Board believes that the person presiding over such meeting has pecuniary or other interest in any matter under discussion and moves a motion to that effect, the person so presiding (a) shall not be entit led to vote on such motion, and (b) shall, if such motion is carried, absent himself from the meeting during such discussion. 33. Liability of members. Every member of a Board shall be liable for the loss, waste or misapplication of any money or other property belonging to, vested in, or entrusted to the management of, the Board if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while such member; and a suit for compensation for the same may be instituted against him either by the Board or by the Central Gover nment. 34. Removal of members. (1) The Central Government may remove from a Board any member thereof, who (a) becomes or is found to have been at the time of his election or nomination subject to any of the disqualifications specified in sub -section ( 2) of section 28 or in section 29; or (b) has absented himself for more than three consecutive meetings or three months (whichever is later) of the Board and is unable to explain such absence to the satisfact ion of the Board. Explanation. In computing the aforesaid period of three consecutive months, no account shall be taken of any period of absence with the leave of the Board; or (c) has knowingly contravened the provisions of section 32; or (d) being a legal practitioner, acts or appears on behalf of any other person against the Board in any legal proceeding or against the Government in any such proceeding relating to any matter in which the Board is or has been concerned or acts or appears on behalf of any person in any criminal proceeding instituted by or on behalf of the Board against such person; or (e) has himself done or aided or abetted encroachments and illegal constructions on defence land in contravention of the provisions of this Act and the rules and bye -laws made thereunder. (2) The Centra l Government may remove from a Board any member who, in the opinion of the Central Government, has so abused in any manner his position as a member of the Board as to render his continuance as a member detrimental to the public interests. (3) The General Officer Commanding -in-Chief, the Command may, on receipt of a report from the Officer Commanding the station remove from a Board any military officer nominated as a member of the Board who is, in the opinion of the Officer Commanding the station, unable to discharge his duties as a member of the Board and has failed to resign his office. (4) No member shall be removed from a Board under sub -section ( 1) or sub -section ( 2) of this section unless he has been given a reasonable opportunity of showing cause against his removal. 35. Consequences of removal. (1) A member removed under clause ( b) of sub -section ( 1) or under sub-section ( 3) of section 34 shall, if otherwise qualified, be eligible for re -election or re -nomination. (2) A member removed under clau se (c) or clause ( d) of sub -section ( 1) of section 34 shall not be eligible for re -election or nomination for the period during which, but for such removal, he would have continued in office. (3) A member removed under sub -section ( 2) of section 34 shall not be eligible for re -election or nomination until the expiry of three

section ( 2) of section 34 shall not be eligible for re -election or nomination until the expiry of three years from the date of his removal. 36. Member of the Board to be deemed a public servant .Every member of the Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) and clause ( c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988) . Employees 37. Disqualification of person as an employee of Board .(1) No person who has directly or indirectly by himself or his partner any share or interest in a contract with, by or on behalf of a Board, or in any employment under, by or on behalf of a Board, otherwise than as an employee of the Board, shall become or remain an employe e of such Board. 29 (2) An employee of a Board who knowingly acquires or continues to have directly or indirectly by himself or his partner any share or interest in a contract with, by or on behalf of the Board or, in any employment under, by or on behalf of , the Board, otherwise than as an employee of the Board, shall be deemed to have committed an offence under section 168 of the Indian Penal Code (45 of 1860) . (3) Nothing in this section shall apply to any share or interest in any contract with, by or on behalf of, or employment under, by or on behalf of a Board if the same is a share in a company contracting with, or employed by, or on behalf of, the Board or is a share or interest acquired or retained with the permission of th e General Officer Commanding -in-Chief, the Command in any lease or sale to, or purchase by the Board of land or building or in any agreement for the same. (4) Every person applying for employment as an employee of a Board shall, if he is related by blood or marriage to any member of the Board or to any person not being a lower grade employee, in receipt of remuneration from the Board, notify the fact and the nature of such relationship to the appointing authority before the appointment is made, and if he has failed to do so, his appoi ntment shall be invalid but without prejudice to the validity of anything previously done by him. 38. Cantonment employee to be deemed a public servant. Every officer or employee, permanent or temporary of a Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) and clause ( c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988) . Procedure 39. Meetings .(1) Every Board shall meet at least once in a month to transact its business on such day as may be fixed by the President and in his absence by the Vice -President, and its notice shall be given in such manner as may be provided in the regulations made by the Board under this Chapter. (2) The President may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-fourth of the members of the Board, convene a special meeting. (3) Any meeting may be adjourned until the next or any subsequent day, and an adjourned mee ting may be further adjourned in like manner but not more than twice except in case of a public emergency. 40. Business to be transacted. Subject to any regulation made by the Board under this Chapter, any business may be transacted at any meeting: Provi ded that no business relating to the imposition, abolition or modification of any tax shall be transacted at a meeting unless notice of the same and of the date fixed there for has been sent to each member not less than seven days before that date. 41. Qu orum. (1) The quorum necessary for the transaction of business at a meeting of the Board shall be one -half of the number of members of the Board holding the office: Provided that if the number of members of the Board holding office at a particular time is an odd number, the quorum shall be one -half of the number obtained by a dding one to the number of such members. (2) If a quorum is not present, the President or in his absence, the Vice -President or in the absence of both, the Member -Secretary shall adjourn the meeting and the business which would have been brought before the original meeting if there had been a quorum present thereat shall be brought before, and may be transacted at, an adjourned meeting, whether there is a quorum present or not. 42. Presiding Officer .In the absence of (a) both the President and the Vice -President from any meeting of a Board in which there is more than one elected member, (b) the President from a meeting of a Board constituted under sub -section ( 6) of section 12 o r sub-section ( 2) of section 13, the members present shall elect one from among their own members to preside. 30 43. Minutes. (1) The minutes of the proceedings of each meeting shall be recorded in a book and shall be signed by the person presiding over the meeting and the Chief Executive Officer, before the close of the meeting and s hall, at such times and in such place as may be fixed by the Board, be open to inspection free of charge by any inhabitant of the cantonment and its authenticated copies may be m ade available to him on request, at a nominal cost to be decided by the Board. (2) Copies of the minutes shall, as soon as possible after each meeting, be forwarded for information to every Member of the Board, the General Officer Commanding -in-Chief, th e Command, the District Magistrate and the Defence Estate Officer and in cantonments where Navy or Air Force stations are located copies of the minutes shall be forwarded for information to the Command Headquarters of the Navy or, as the case may be, the A ir Force. 44. Meetings to be public .Every meeting of a Board shall be open to the public unless in any case the person presiding over the meeting, for reasons to be recorded in the minutes, otherwise directs. 45. Method of deciding questions .(1) All qu estions coming before a meeting shall be decided by the majority of the votes of the members present and voting. (2) In the case of an quality of votes, the person presiding over the meeting, shall have a second or casting vote. (3) The dissent of any mem ber from any decision of the Board shall, if the member so requests, be entered in the minutes, together with a short statement of the ground for such dissent. 46. Civil area. (1) The Central Government may, by notification in Official Gazette, declare the civil area, in a cantonment, which is inhabited largely by civil population to be the civil area for the purposes of this Act. (2) The Central Government may in consultation with the Board undertake, as and when required and shall undertake after every census, a review of the boundaries of the civil area in each cantonment. 47. Committees for civil areas .(1) Every Board constituted under section 12 in a cantonment shall appoint a committee consisting of the elected members of the Board, the Healt h Officer and the Executive Engineer for the administration of the civil area in the cantonment as notified under section 46 of this Act and may delegate its powers and duties to such committee in the manner provided in clause ( e) of sub-section ( 1) of section 48. (2) The Vice -President of the Board shall be the Chairman of the committee appointed under sub-section (1). (3) The powers, duties and functions of the Board under sub -section ( 1) of section 137, section143, section 147, section 149 and section 262 shall be exercised or discharged in respect of a civil area by the civil area committee: Provided that if the Health Officer dissents from any decision arrived at by the committee under sub-section ( 1) of section 137, section 143, section 147 and section 149 on health grounds, the matter may be referred to the Board by the President for decision. 48. Power to make regulations. (1) A Board may make regulations consistent with this Act and with the rul es made thereunder to provide for all or any of the following matters, namely: (a) the time and place of its meetings; (b) the manner in which notice of the meeting shall be given; (c) the conduct of proceedings at meetings and the adjournments of meetin gs; (d) the custody of the common seal of the Board and the purposes for which it shall be used; and (e) the appointment of committees for any purpose and the determination of all matters relating to the constitution and procedure of such committees, and the delegation to such committees, subject to any conditions which the Board thinks fit to impose, of any of the powers or duties of the Board under this Act other than a power to make regulations or bye -laws. 31 (2) No regulation made under clause ( e) of su b-section ( 1) shall take effect until it has been approved by the Central Government. (3) No regulation made under this section shall take effect until it has been published in such manner as the Central Government may direct. 49. Joint action with other local authority. (1) A Board may (a) join with any other local authority (i) in appointing a joint committee for any purpose in which they are jointly interested and in appointing a chairman of such committee; (ii) in delegation to such committee power to frame terms binding on the Board and such other local authority as to the construction and future maintenance of any joint work or to exercise any power which might be exercised by the Board or by such other local authority; and (iii) in making regulations for regulating the proceedings of any such committeer relating to the purposes for which it has been appointed; or (b) with the previous sanction of the General Officer Commanding -in-Chief, the Command, and the State Government concerned, ente r into an agreement with any other local authority regarding the levy of any tax or toll whereby the said tax or toll respectively leviable by the Board and by such other local authority may be levied together instead of separately within the limits of the area hereafter in this section referred to as the aggregate area subject to the control of the Board and such other local authority. (2) If any difference of opinion arises between any Board and other local authority acting together under this section, t he decision thereon of the Central Government or of an officer appointed by the Central Government in this behalf shall be final. (3) When any agreement such as is referred to in clause ( b) of sub -section ( 1) has been entered into, then (a) where the agre ement relates to octroi or terminal tax or toll, the party to the agreement (the Board, or as the case may be, such other local authority) which is specified in this behalf in the agreement , (i) shall have the same powers to establish octroi limits and octroi stations and places for the collection of octroi, terminal tax and toll within the aggregate area as it has within the area ordinarily subject to its control; (ii) shall have the same powers of collecting such octroi, terminal tax or toll in the ag gregate area and the provisions of any enactment in force relating to the levy of such octroi, terminal tax or toll by it shall apply in the same manner as if the aggregate area were comprised within the area ordinarily subject to its control; (b) the tot al of the collection of such octroi, tax or toll made in the aggregate area and the costs thereby incurred shall be divided between the cantonment fund and the fund subject to the control of such other local authority, in such proportion, as may have been determined by the agreement. 50. Report on administration. (1) Every Board shall, as soon as may be after the close of the financial year and not later than the date fixed in this behalf by the Central Government, submit to the Central Government through the General Officer Commanding -in-Chief, the Command, a report on the administration of the cantonment during the preceding financial year, in such form and containing such details as the Central Government may direct. (2) The comments, if any, of the General Officer Commanding -in-Chief, the Command, on such report shall be communicated by him to the Board which shall be allowed a reasonable time to furnish a reply thereto, and the comments together with the reply, if any, shall be forwarded to the Cent ral Government along with the report. 32 Control 51. Power of Central Government to require production of documents .The Central Government or such officer or authority as may be authorised by the Central Government in this behalf may at any time require a Board (a) to produce any record, correspondence, plan or other document in its possession or under its control; (b) to furnish any return, plan, estimate, statement, account or statistics relating to its proceedings, duties or works; (c) to furnish or obtain and furnish any report. 52. Inspection .The Central Government or the General Officer Commanding -in-Chief, the Command or the Director General or the Principal Director, may depute any person in the service of the Government to inspect or examine a ny department of the office of, or any service or work undertaken by, or thing belonging to, a Board, and to report thereon, and the Board and its officers and employees shall be bound to afford the person so deputed access at all reasonable times to the p remises and property of the Board and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties. 53. Power to call for documents .The General Officer Commanding -in-Chief, the Comma nd or the Principal Direc tor, may, by order in writing, (a) call for any book or document in the possession or under the control of the Board; (b) require the Board to furnish such statements, accounts, reports and copies of documents relating to its proceedings, duties or works as he thinks fit. 54. Power to require execution of work, etc .If, on receipt of any information or report obtained under section 51 or section 52 or section 53, the Central Government or the General Officer Commanding -in-Chie f, the Command or the Director General or the Principal Director is of opinion (a) that any duty imposed on a Board by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner; or (b) that adequate financial provision has not been made for th e performance of any such duty, it or he may direct the Board, within such period as it or he thinks fit, to make arrangements to its or his satisfaction for the proper performance of the duty, or as the case may be, to make financial provision to its or his satisfaction for the performance of the duty: Provided that unless in the opinion of the Central Government or the General Officer Commanding -in-Ch

performance of the duty: Provided that unless in the opinion of the Central Government or the General Officer Commanding -in-Chief, the Command or the Director General or the Principal Director, as the case may be, the immediate execution of such order is necessary, it or he shall, before making any direction under this section, give the Board an opportunity of showing cause why such direction should not be made. 55. Power to provide for enforcement of direction under section 54 .If, within the period fixed by a direction made under section 54, any action the taking of which has b een directed under that section has not been duly taken, the Central Government or the General Officer Commanding -in-Chief, the Command or the Director General, or the Principal Director, as the case may be, may make arrangements for the taking of such action, and may direct that all expenses connected therewith shall be defrayed out of the cantonment f und. 56. Power to override decision of Board .(1) If the President dissents from any decision of the Board which he considers prejudicial to the health, welfare, discipline or security of the Forces in the cantonment, he may, for reasons to be recorded in the minutes, by order in writing, direct the suspension of action thereon for any period not exceeding one month and, if he does so, shall forthwith refer the matter to the General Officer Commanding -in-Chief, the Command. (2) If the District Magistrate considers any decision of a Board to be prejudicial to the public health, safety or convenience, he may, after giving notice in writing of his intention to the Board, refer the matter 33 to the Central Government, and pending the disposal of the reference to the Central Government no action shall be taken on the decision. (3) If any Magistrate who is a member of a Board, being present at a meeting, dissents from any decision which he considers prejudicial to the public health, safety or convenience, he may, f or reasons to be recorded in the minutes and after giving notice in writing of his intention to the President, report the matter to the District Magistrate; and the President shall, on receipt of such notice, direct the suspension of action on the decision for a period sufficient to allow of a communication being made to the District Magistrate and of his taking proceedings as provided in sub -section ( 2). (4) If the Chief Executive Officer considers any decision of the Board taken at a meeting, to be in contravention of the provisions of this Act, rules, regulations or bye -laws made there under and the general guidelines issued by the Central Government from time to time in this regard, he may, for reasons to be recorded in writing and after informing the P resident in this behalf, forthwith refer the matter to the Principal Director who shall if considered appropriate direct the suspension of action on the said decision for a period not exceeding one month. (5) The Principal Director shall, for reasons to b e recorded in writing on the reference made under sub-section ( 4), refer the matter to the General Officer Commanding -in-Chief, the Command along with recommendation on whether or not the said decision of the Board should be revoked and inform the matter t o Director General Defence Estates. 57. Power of Central Government to review .The Central Government may, at any time, review any decision or order of the Board or the General Officer Commanding -in-Chief, the Command, and pass such orders thereon as it may deem fit: Provided that where it is proposed to modify a decision or order of the Board reasonable opportunity shall be given to the Board to show cause why the decision or order in question should not be modified. 58. Power of General Officer Comman ding-in-Chief, the Command, on r eference under section 56 or otherwise. (1) The General Officer Commanding -in-Chief , the Command, may at any time (a) direct that any matter or any specific proposal other than one which has been referred to the Central Gover nment under sub -section (2) of section 56 be considered or reconsidered by the Board; or (b) direct the suspension, for such period as may be stated in the order, of action on any decision of a Board, other than a decision which has been referred to him u nder sub -section ( 1) of section 56, and thereafter cancel the suspension or after giving the Board a reasonable opportunity of show in cause why such direction should not be made, direct that the decision shall not be carried into effect or that it shall b e carried into effect with such modifications as he may specify. (2) When any decision of a Board has been referred to him under sub -sections ( 1) and ( 4) of section 56, the General Officer Commanding -in-Chief, the Com mand, may, by order in writing, (a) cancel the order given by the President directing the suspension of action; or (b) extend the duration of the order for such period as he thinks fit; or (c) after giving the Board a reasonable opportunity of showing cause why such directio n should not be made, direct that the decision shall not be carried into effect or that it shall be carried into effect by the Board with such modifications as he may specify. 59. Power of Central Government on a reference made under section 56 .(1) When any decision of a Board has been referred to the Central Government under sub -section ( 2) of section 56, the Central Government may, after consulting the General Officer Commanding -in-Chief, the Command, by order in writing, (a) direct that no action be taken on the decision; or (b) direct that the decision be carried into effect either without modification or with such modifications as it may specify. 34 60. Supersession of Board .(1) If, in the opinion of the Central Government , any Board is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or otherwise by law, or exceeds or abuses its powers, the Central Government may by an order published, together with the statement of the reasons there for, in the Official Gazette, declare the Board to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and supersede it for such period as may be specified in the order: Provided that no Board shall be superseded unless a reasonable opportunity has been given to it to show cause against the supersession. (2) When a Board is superseded by an order under sub -section ( 1) (a) all members of the Board shall, on such date as may be spe cified in the order, vacate their offices as such members but without prejudice to their eligibility for election or nomination under clause ( c); (b) during the supersession of the Board, all powers and duties conferred and imposed upon the Board by or un der this Act shall be exercised and performed by the Officer Commanding the station, or by such officer as may be authorised by the Central Government, subject to such reservation if any, as the Central Government may prescribe in this behalf; and (c) bef ore the expiry of the period of supersession elections shall be held and nominations made for the purpose of reconstituting the Board. Validity of proceeding s 61. Validity of proceedings, etc .(1) No act or proceeding of a Board or of any committee of a Board shall be invalid by reason only of the existence of a vacancy in the Board or committee. (2) No disqualification or defect in the election, nomination or appointment of a person acting as the President or a member of a Board or of any such committee shall vitiate any act or proceeding of the Board or committee if the majority of the persons present at the time of the act being done or the proceeding being taken were duly qualified members thereof. (3) Any document or minutes which purport to be the record of the proceedings of a Board or any committee of a Board shall, if made and signed substantially in the manner prescribed for the making and signing of the record of such proceedings, be presumed to be a correct record of the proceedings of a duly convened meeting, held by a duly constituted Board or committee, as the case may be, whereof all the members were duly qualified. CHAPTER IV DUTIES AND DISCRETIONARY FUNCTIONS OF BOARDS 62. Duties of Board .It shall be the duty of every Board, so far as the funds at its disposal permit, to make reasonable prov ision within the cantonment for (i) lighting streets and other public places; (ii) watering streets and other public places; (iii) cleansing streets, public places and drains, abating nuisances and removing noxious vegetation; (iv) regulating offensive, dangerous or obnoxious trades, callings and practices; (v) removing, on the ground of public safety, health or convenience, undesirable obstructions and projections in streets and other public places; (vi) securing or removing dangerous buildings and places; (vii) acquiring, maintaining, changing and regulating places for the disposal of the dead; (viii) constructing, altering and maintaining streets, culverts, bridges, causeways, markets, slaughter -houses, latrines, privies, urinals, drains, drainage works and sewerage works and regulating their use; 35 (ix) planting and maintaining trees on roadsides and other public places; (x) providing or arranging for a sufficient supply of potable water, where such supply does not exist, guarding from pollution water used for human consumption, and preventing polluted water from being so used; (xi) registering births and deaths; (xii) preventing and checking spread of dangerous diseases; establishing and maintaining a system of public vaccination and inoculation for the said objective; (xiii) establishing and maintaining or supporting public hospitals, maternity and child welfare centres and dispensaries, and providing public medical relief; (xiv) establishing and ma intaining or assisting primary schools; (xv) rendering assistance in extinguishing fires, and protecting light and property when fire occurs; (xvi) maintaining and developing the value of property vested in, or entrusted to, the management of the Board; (xvii) establishing and maintaining civil defence services; (xviii) preparing and implementing town planning schemes; (xix) preparing and implementing plans for economic development and social justice; (xx) naming and numbering of streets and premises; (xxi) according or refusing permission to erect or re -erect building; (xxii) organising, promoting or supporting cultural and sports activities; (xxiii) celebrating Independence Day and Republic Day and incurring expenditure thereon; (xxiv) fulfilling any other obligation imposed upon it by or under this Act or any other law for the time being in force. 63. Power to manage property .A Board may, subject to any conditions imposed by the Central Government, manage any property entrusted to its management by the Central Government on such terms as to the sharing of rents and profits accruing from such property as may be determined by rule made under section 346. 64. Discretionary functions of Board. (1) A Board may, within the cantonment, make provision for (i) laying out in areas, whether previously built upon or not, new streets, and acquiring land for that purpose and for the construction of buildings, and compounds of buildings, to ab out on such streets; (ii) constructing, establishing or maintaining public parks, gardens, offices, dairies, bathing or washing places, drinking fountains, tanks, wells and other works of public utility; (iii) reclaiming unhealthy localities; (iv) furthering educational objects by measures other than the establishment and m aintenance of primary schools; (v) setting up or supporting higher schools, colleges and vocational, professional and special education; (vi) constructing, and maintaining works and structures, including rainwater harvesting, for providing supply of wate r for public and private purposes; (vii) constituting, maintaining and managing supply and distribution of electricity, including by exploiting non -conventional energy sources, to public and private premises; 36 (viii) taking a census and granting rewards f or information which may tend to secure the correct registration of vital statistics; (ix) making a survey; (x) giving relief on the occurrence of local epidemics, floods, famines or other natural calamities by the establishment or maintenance of relief w ork or otherwise; (xi) securing or assisting to secure suitable places for the carrying on of any offensive dangerous or obnoxious trade, calling or occupation; (xii) establishing and maintaining a farm or other place for the disposal of sewage; (xiii) constructing, subsidising or guaranteeing tramways or other means of locomotion, and electric lighting or electric power work; (xiv) establishing and maintaining cattle pounds; (xv) arranging for civic reception with prior approval of the Officer Command ing the Station; (xvi) providing housing accommodation for any class of inhabitants; (xvii) conservation and maintenance of ancient and historical monuments, archaeological sites and remains or place of public importance in the cantonment; (xviii) develop ing land resources under the management of the Board; (xix) preparing and implementing group housing schemes; (xx) establishing and undertaking remunerative projects; (xxi) developing small -scale and cottage industries; (xxii) developing expertise in different areas of urban governance and local self -government to and able to provide consultancy to other Municipal and Development Authorities; (xxiii) adopting any measure, other than a measure specified in section 62 or in the foregoing provisions of t his section likely to promote the safety, health or convenience of the inhabitants of the cantonment; (xxiv) establishing and maintaining or supporting libraries, museums, art galleries, botanical or zoological collections; (xxv) establishing and maintaining or supporting stadia, gymnasia, akharas and places for sports and games; (xxvi) establishing theatres and cinemas; (xxvii ) organising and managing fairs and exhibitions; (xxviii ) constructing and maintaining: (a) rest -house s; (b) poor -houses; (c) infirmaries; (d) children's home; (e) houses for deaf and dumb and for disabled and handicapped children; (f ) shelters for destitute and disabled persons; (g) asylums for persons of unsound mind; (h) old age homes; (i) working women's hostels; 37 (xxix) establishing and managing chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with the public health or medical relief; (xxx) providing relief to destitute and disabled persons; (xxxi) establishing and maintain

health or medical relief; (xxx) providing relief to destitute and disabled persons; (xxxi) establishing and maintaining veterinary hospitals; (xxxii ) constructing and maintaining warehouses and godowns; (xxxiii ) constructing and managing garages, sheds and stands for vehicles and cattle sheds; (xxxiv ) constructing and managing community halls and convention halls; (xxxv) holding seminars, workshops, public debates, and similar activi ties particularly on issues and rules and regulations of civic importance. Explanation. For the purposes of clause ( xvii) (a) conservation means the supervision, management and maintenance of a place to retain its historical, architectural, aesthetic or cultural significance or of environment and includes the protection, improvement, preservation, restoration, reconstruction and adoption or a combination of more than one of these activities, and the use of such place in a way that ensures the social as well as economic benefits; (b) ancient and historical monuments, archaeological si tes and remains or place of public importance include buildings, arte facts, structures, areas, or precincts of historical or aesthetical or educational or scientific or cultural or environmental significance, and those natural features of environmental s ignifcance or scenic beauty, as may be declared by the Board. (2) A Board may, either within or outside the cantonment, make provision for the doing of anything on which expenditure is declared by the Central Government, or by the Board with the sanction of the Central Government, to be an appropriate charge on the cantonment fund or the cantonment development fund. 65. Power of expenditure of educational, health and other purposes outside the cantonment .A Board may make provision subjec t to availability of funds for (i) educational objects in a cantonment; (ii) the objectives of public health and medical care; (iii) works relating to water -supply, drainage and lighting; (iv) the preservation, improvement and upgradation of environment, outside the ca ntonment, if it is satisfied that the interests of the residents of the cantonment will be served thereby. CHPTER V TAXES AND FEES Imposition of taxation 66. General power of taxation .(1) The Board shall, with the previous sanction of the Central Government, impose the following taxe s for the purposes of this Act: (a) property tax; and (b) tax on trades, professions callings and employments. (2) In addition to the taxes specified in sub -section ( 1) the Board may, for the purposes of this Act, impose any tax which under any enactment for the time being in force may be imposed in any municipality in the State in which the cantonment is situated: 38 Provided that the Board shall revise every five years, the rates of taxes imposed under sub-sections ( 1) and ( 2): Provided further that the Board shall not abolish any tax imposed under this section or vary it to the Board's financial disadvantage without the prior sanction of the Central Government and the tax mentioned in sub -section ( 2) shall not exceed the ceiling prescribed in this behalf by clause ( 2) of article 276 of the Constitution. (3) The taxes specified in sub -sections (1) and ( 2) shall be imposed, assessed and collected in accordance with the provisio ns of this Act, rules and the bye-laws made thereunder. (4) Any tax imposed under this section shall take effect from the date of its notification in the Official Gazette or where any later date is specified in this behalf in the notification, from such l ater date. 67. Charging of fees .The Board shall, for the purposes of this Act, char ge the following fees, namely: (a) licence fee on vehicles and animals; (b) licence fee on advertisements other than advertisements in newspapers; (c) fee relating to maintenance of property records; (d) processing fee on buildings payable along with application for sanction of the building plan; (e) licence fee on entry of vehicles; (f) betterment fee on the increase in land value caused by the execution of any develo pment work; and (g) such other fee which the Board may by regulation specify: Provided that the fee charged under clause (g) of this section shall not be less than the cost incurred by the Board for or in connection with the specific service to which the fee relates. 68. Norms of property tax .Save as otherwise provided in this Act, the property tax shall be levied on lands and buildings in the cantonment and shall consist of not less than ten and not more than thirty per cent . of the annual rateable value of lands and buildings: Provided that the Board may, when fixing the rate at which the property tax shall be levied during any year, determine that the rate leviable in respect of lands and buildings or portions of lands and buildings in which any particular class of trade or business is carried on shall be higher than the rate determined in respect of other lands and buildings or portions of other lands and buildings by an amount not exceeding one half of the rate so fixed: Provided further that the tax may be levied on graduated scale, if the Board so determines. Explana tion.Where any portion of a land or building is liable to a higher rate of the tax such portion shall be deemed to be a separate property for the purpose of municipal taxation alone. 69. Framing of preliminary proposals .When a resolution has been passed by the Board proposing to impose a tax under section 66, the Board shall in the manner prescribed in section 319 publish a notice specifying (a) the tax which it is proposed to impose; (b) the persons or classes of persons to be made liable and the description of the property or other taxable thing or circumstance in respect of which they are to be made liable; and (c) the rate at which the tax is to be levied. 70. Objections and disposal thereof. (1) Any inhabitant of the cantonment may, within thirty days from the publication of the notice under section 69, submit to the Board an objection in writing to all or any of the proposals contained t herein and the Board shall take such objection into consideration and pass orders there on by special resolution. 39 (2) Unless the Board decides to abandon its proposals contained in the notice published under section 69, it shall submit to the Central Government through the General Officer Commanding -in-Chief, the Command, all such proposals along with the objections, if any, received in connection there with together with its opinion thereon and any modifications proposed in accordance with su ch opinion and the notice published under the said section. 71. Imposition of tax. The Central Government may authorise the Board to impose the tax either in the original form or, if any objection has been submitted, in that form or any such modified form as it thinks fit. 72. Power of Central Government to issue directions to the Board. (1) Where the Central Government is of opinion that for securing adequate financial provision for the efficient discharge of the duties and functions of a Board it is necessary so to do, it may issue direc tions to the Board requiring it to impose within the cantonment area any tax which it is empowered under this Act to impose and which is not already imposed within the said area or to enhance any existing tax in such a manner or to such an extent as the Central Government considers fit and the Board shall, in accordance with the direction, forthwith impose or enhance such tax in accordance with the provisions of this Chapter: Provided that (a) no such directions shall be issued without giving the Board and the inhabitants of the cantonment area, an opportunity of showing cause why such directions should not be issued; (b) the Central Government shall take int o consideration any objection which the Board or any inhabita nt of the cantonment area may make against the imposition or enhancement of such tax; (c) it shall not be lawful for the Board to modify or abolish such tax when imposed or enhanced without the sanction of the Central Government. (2) The Central Government may, at any time, cancel or modify any direction issued by it under sub-section ( 1) with effect from such date as may be specified in the direction and on and from the date so specified the imposition or enhancement of such tax, shall ce ase or be modified accordingly. 73. Definition of annual rateable value.For the purposes of this Chapter , annual rateable value means (a) in the case of hote ls, colleges, schools, hospitals, factories and any other buildings which the Chief Executiv e Officer decides to assess under this clause, one -twentieth of the sum obtained by adding the estimated present cost of erecting the building to the estimated value of the land appertaining thereto; and (b) in the case of building or land not assessed under clause ( a), the gross annual rent for which such building exclusive of furnitu re or machinery therein or such land is actually let or, where the building or land is not let or in the opinion of the Chief Executive Officer is let for a sum less than i ts fair letting value, might reasonably be ex pected to let from year to year : Provided that, where the annual rateable value of any building is, by reason of exceptional circumstances, in the opinion of the President Cantonment Board, excessive if calcula ted in the aforesaid manner, the President Cantonment Board may fix the annual rateable value at any less amount w hich appears to him to be just. 74. Incidence of taxation. (1) Save as otherwise expressly provided in the notification imposing the tax, ever y tax assessed on the annual rateable value of buildings or lands or of both shall be leviable primarily upon the actual occupier of the property upon which the said tax is assessed, if he is the owner of the buildings or land or holds them on a building o r other lease granted by or on behalf of the Government or the Board or on a building lease from any person. (2) In any other case, the tax shall be primarily leviable as follows, namely : (a) if the property is let, upon the lessor; (b) if the property is sub -let, upon the superior lessor; (c) if the property is unlet, upon the person in whom the right to let the same vests. 40 (3) The liability of the several owners of any building which is, or purports to be, severally owned in parts or flats or rooms or separate tenements for the payment of such tax or any instal lment thereof payable during the period of such ownership shall be joint and several. (4) On failure to recover any sum due on account of such tax from the person primarily liable, these may be recovered from the occupier of any part of the buildings or lands in respect of which the tax is due such portion of the sum due as bears to the whole amount due the same ratio which the rent annually payable by such occupier bears to the aggregate amount of rent so payable in respect of the whole of the said buildings or lands, or to the aggregate amount of the letting value thereof, if any, stated in the authenticated assessment list. (5) An occupier who makes any payment for which he is not primarily li able under this section shall, in the absence of any contract to the contrary, be e ntitled to be reimbursed by the person primarily liable for the payment, and, if so entitled, may deduct the amount so paid from the amount of any rent from time to time bec oming due from him to such person. Assessment list 75. Assessment list.When a tax assessed on the annual rateable value of buildings or lands or both is imposed, the Chief Executive Officer shall cause an assessment list of all buildings or lands in the cantonment, or of both, as the case may be, to be prepared in such form and in such manner as the Central Government may by rule prescribe. 76. Revision of assessment list. (1) The Chief Executive Officer shall, at the same time, give public notice of a da te, not less than one month thereafter, when he shall proceed to consider the valuation and assessments entered in the assessment list, and, in all cases in which any property is for the first time assessed or the assessment is increased shall also give wr itten notice thereof to the owner and to any lessee or occupier of the property. (2) Any objection to a valuation or assessment shall be made in writing to the Chief Executive Officer before the date fixed in the notice, and shall state in what respect th e valuation or assessment is disputed, and all objections so made shall be recorded in a register to be kept for the purpose by the Chief Executive Officer. (3) The objections shall be inquired into and investigated, and the persons making them shall be allowed an opportunity of being heard either in person or by authorised agent by the Chief Executive Officer. 77. Authentication of assessment list. (1) When all objections made under section 76 have been disposed of, and the revision of the valuation and assessment has been completed, the assessment list shall be authenticated by the signatures of the Chief Executive Officer and the President Cantonment Board, who shall, certify that except in the cases if any, in which amendments have been made as shown therein no valid objection has been made to the annual rateable value or any other matters entered in the said list: Provided that whenever the General Officer Commanding -in-Chief , the Command or the Principal Director comes to the conclusion that the asse ssment lists or any entries therein have not been correctly prepared and are prejudicial to the interests of the Board or of the Central Government, they may suo moto re-open the said assessment and issue such directions a s deemed fit. (2) The assessment list so authenticated shall be deposited in the office of the Board, and shall there be open, free of charge, during office hours to all owners lessees and occupiers of property comp rised therein or the authorised agents of such persons, and a publ ic notice that it is so open shall forthwith be published. 78. Evidential value of assessment list .Subject to such alterations as may thereafter be made in the assessment list under the provisions of this Chapter and to the result of any appeal made thereunder, the entries in the assessment list authenticated and deposited as provided in section 77 shall be accepted as conclusive evidence (a) for the purposes of assessing any tax imposed under this Act, of the annual rateable value or other valuation of all buildings and lands to which such entries respectively refer; and 41 (b) for the purposes of any tax imposed on buildings or lands, of the amount of each such tax leviable thereon during the year to which such list relates. 79. Amendment of assessmen t list. (1) The Chief Executive Officer may after obtaining the approval of President Cantonment Board amend t he assessment list at any time (a) by inserting or omitting the name of any person whose name

antonment Board amend t he assessment list at any time (a) by inserting or omitting the name of any person whose name ought to have been or ought to be inserted or omitted; or (b) by inserting or omitting any property which ought to have been or ought to be inserted or omitted; or (c) by altering the assessment on any property which has been erroneously valued or assess ed through fraud, accident or mistake whether on the part of administration or assessees; or (d) by revaluing or re -assessing any property the value of which has been increased; or (e) in the case of a tax payable by an occupier, by changing the name of the occupier: Provided that no person shall by reason of any such amendment become liable to pay any tax or increase of tax in respect of any period prior to the commencement of the year in whi ch the assessment is made. (2) Before making any amendment under sub -section (1) the Chief Executive Officer shall give to any person affected by the amendment, notice of not less than one month that he proposes to make the amendment. (3) Any person interested in any such amendment may tender an objection to the Chief Executive Officer in writing before the time fixed in the notice, and shall be allowed an opportunity of being heard in support of the same in person or by authorised agent. 80. Prep aration of new assessment list. The Chief Executive Officer shall prepare a new assessment list at least once in every three years, and for this purpose the provisions of sections 75 to 79 shall apply in like manner as they apply for the purpose of the prepar ation of an assessment list for the first time. 81. Notice of transfers. (1) Whenever the title of any person primarily liable for the payment of a tax on the annual rateable value of any building or land to or over such building or land is transferred, t he person whose title is transferred and the person to whom the same is transferred shall, within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instru ment is executed, give notice of such transfer to the Chief Executive Officer. (2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves shall give notice of such devolution to the Chi ef Executive Officer within six months from the death of the deceased. (3) The notice to be given under this section shall be in such form as may be determined by rules made under section 346, and the transferee or other person on whom the title devolves shall, if so required, be bound to produce before the Chief Executive Officer any documents evidencing the transfer or devolution. (4) Every person who makes a transfer as aforesaid without giving such notice to the Chief Executive Officer shall continue liable for the payment of all taxes assessed on the property transferred until he gives notice or until the transfer has been recorded in the registers of the Board, but nothing in this section shall be held to affect the liability of the transfe ree for the payment of the said tax. (5) The Chief Executive Officer shall record every transfer or devolution of title notified to him under sub -section ( 1) or sub -section (2) in the assessment list and other tax registers of the Board. (6) Any failure to comply with the provisions contained in sub -sections ( 1) to ( 3) shall be punishable with fine which may extend to ten thousand rupees. 42 82. No tice of erection of buildings. (1) If any building is erected or re -erected within the meaning of section 235, the owner shall give notice thereof to the Chief Executive Officer within thirty days from the date of its completion or occupation, whichever is earlier. (2) Any person failing to give the notice required by sub -section ( 1) shall be punishable with fine which may extend to five thousand or ten times the amount of the tax payable on the said building, as erected or re -erected, as the case may be, in respect of a period of three months, whichever is greater. Remission and refund 83. Demolition, etc., of buildings .If any building is wholly or partly demolished or destroyed or otherwise deprived of value, the Board may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the annual rateable value ther eof as it thinks fit but no remission or refund shall take effect in respect of any period commencing more than two months before the delivery of such application . 84. Remission of tax. In a cantonment when any building or land has remained vacant and unproductive of rent for sixty or more consecutive days the Chief Executive Officer shall remit or refund, as the case may be, one -half of such portion of any tax assessed on the annual rateable value thereof as may be proportionate to the number of days d uring which the said building or land has remained vacant and unproductive of rent: Provided that in any cantonment which the Central Government, by notification in the Official Gazette, has declared to be a hill cantonment and in respect of which the Cent ral Government by the same or a like notification has declared a portion of the year to be the season for the cantonment (a) when any building or land is leased for occupation through the season only, but the rent charged is the full annual rent, no remis sion or refund shall be admissible under this section in respect of anytime outside the season during which the building or land remains vacant; (b) when such building or land has remained vacant and unproductive of rent, in respect of any time, not being less than sixty consecutive days during which within the season, the Chief Executive Officer shall remit or refund one -half of such portion of any tax assessed on the annual rateable value thereof as bears to the whole of the tax so assessed the same proportion as the number of days during which the building or land has remained vacant and unproductive of rent bears to the total length of the season. 85. Power to require entry in assessment list of details of buildings .(1) For the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the Chief Executive Officer at the time of the assessment of the building, to enter in the assessment list, in addition to the annual rateable value of t he whole building, a note recording in detail the annual rateable value of each separate tenement. (2) When any tenement, the annual value of which has been thus separately recorded, has remained vacant and unproductive of rent for sixty or more consecuti ve days one -half of such portion of any tax assessed on the annual rateable value of the whole building shall be remitted or refunded as would have been remitted or refunded if the tenemen t had been separately assessed. 86. Notice to be given of the circum stances in which r emission or refund is claimed. No remission or refund under section 84 or section 85 shall be made unless notice in writing of the fact that the building, land or tenement has become vacant and unproductive of rent, has been given to the Chief Executive Officer and no remission or refund shall take effect in respect of any period commencing more than fifteen days before the delivery of such notice. 87. What buildings, etc., are to be deemed vacant. (1) For the purposes of sections 84 and 85 no building, tenement or land shall be deemed vacant if maintained as a resort or town or country house or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not. 43 (2) The burden of proving all facts entitling any person to claim relief under section 83 or section 84 or section 85 shall be upon him. 88. Notice to be given of every occupation of vacant building or house. (1) The owner of any building, tenement or land in respect of which a remission or refund of tax has been given under section 84 or section 85 shall give notice of the re -occupation of such building, tenement or land within fifteen days of such re -occupation. (2) Any owner failing to giv e the notice required by sub-section ( 1) shall be punishable with fine which shall not be less than twice the amount of the tax payable on such building, tenement or land in respect of the period during which it has been re -occupied and which may extend to two thousand five hundred rupees, or to ten times the amount of the said tax, whichever sum is greater. Charge on immovable property 89. Tax on buildings and land to be a charge thereon. A tax assessed on the annual rateable value of any building or land shall, subject to the prior payment of the land -revenue, if any, due to the Government thereon, be a first charge upon the building or land. Octroi, terminal tax and toll 90. Inspection of imported goods, octroi, terminal tax and toll, etc .Every person bringing or receiving any goods, vehicles or animals within the limits of any cantonment in which octroi or terminal tax or toll is leviable shall, when so required by an officer duly authorised by the Chief Executive Officer in this behalf, so far as may be necessary for ascertaini ng the amount of tax chargeable (a) permit that officer to inspect, examine or weigh such goods, vehicles or animals; and (b) communicate to that officer any information, and exhibit to him any bill, in voice or documen t of a like nature, which such person may possess relating to such goods, vehicles or animals. 91. Power to seize, etc .(1) Any person who takes or attempts to take past any octroi station or any other place appointed within a cantonment for the collectio n of octroi, terminal tax or toll any goods, vehicles or animals, on account of which octroi, terminal tax or toll is leviable and thereby evades, or attempts to evade, the payment of such octroi, terminal tax or toll and any person who abets any such evasion or attempt at evasion, shall be punishable with fine which may extend either to ten times the value of such octroi, terminal tax or toll, or to two thousand five hundred rupees, whichever is greater, and which shall not be less than twice the value of such octroi, terminal tax or toll, as the case may be. (2) In case of non -payment of any octroi or terminal tax or toll on demand, the officer empowered to collect the same may seize any goods, vehicles or animals on which the octroi, terminal tax or toll is chargeable or any part or number thereof which is of sufficient value to satisfy the demand and shall give a receipt specifying the items seized. (3) The Chief Executive Officer, or an officer of the Board authorised by him, after the lapse of five days from the seizure, and after the issue of a notice in writing to the person in whose possession the goods, vehicles or animals were at the time of seizure, fixing the time and place of sale, may cause the property so seized, or so much thereof as may be necessary, to be sold by auction to satisfy the demand and meet expenses occasioned by the seizure, custody and safe thereof, unless the demand and expenses are in the meantime paid: Provided that the Chief Executive Officer may, in any case, o rder that any article of a perishable nature which cannot be kept for five days without serious risk of damage, or which cannot be kept safe at a cost which, together with the amount of octroi, terminal tax or toll, is likely to exceed its value, shall be sold after the lapse of such shorter times as he may, having regard to the nature of the article, think proper. 44 (4) If, at any time before the sale has begun, the person whose property has been seized tenders to the Chief Executive Officer the amount of a ll expenses incurred and of the octroi, terminal tax or toll, the Chief Executive Officer shall release the property seized. (5) The surplus, if any, of the sale proceeds shall be credited to the cantonment fund, and shall, on application made to the Chie f Executive Officer within six months after the sale, be paid to the person in whose possession the property was at the time of seizure, and, if no such application is made, shall become the property of the Board. 92. Lease o f octroi, terminal tax or toll .It shall be lawful for the Chief Executive Officer, with the previous sanction of the Board to lease the collection of any octroi, terminal tax or toll for any period not exceeding one year; and the lessee and all persons employed by him in the management and collection of the octroi, terminal tax or toll shall, in respect thereof, (a) be bound by any orders made by the Chief Executive Officer for their guidance; (b) have such powers exercisable by officers or employees of the Board under this Act as the Board may confer upon them; and (c) be entitled to the same remedies and be subject to the same responsibilities as if they were employed by the Board for the management and collection of the octroi, terminal tax or toll, as the case may be: Provided that no article distrained may be sold except under the orders of the Chief Executive Officer. Appeals 93. Appeals against assessment. (1) An appeal against the assessment or levy of, or against the refusal to refund, any tax under this Act shall lie to the District Court. (2) If the District Court, on the hearing of an appeal under this section, entertains reasonable doubt on any question as to the liability to, or the principle of assessment of, a tax, the Court may, either on its own motion or on the application of the appellant, draw up statement of the facts of the case and the point on which doubt is entertained, and refer the statement with its opinion on the point for the decision of the High Court. (3) On a reference being made under sub -section (2), the subsequent proceedings in the case shall be, as nearly as may be, in conformity with the rules relating to references to the High Court contained in order XLVI of the First Schedule to the Co de of Civil Procedure, 1908 (5 of 1908) . Explanation .For the purposes of this section and se ctions 94, 95, 96, 97 and 102, District Court , in relation to a cantonment, means the Principal Civil Court of original j urisdiction having jurisdiction over the area in which that cantonment is situated, and includes such other Civil Court having jurisdiction over that area as the Central Government may, by notification in the Official Gazette, specify in this behalf, in consultation with the High Court having ju risdiction over that area. 94. Costs of appeal. In every appeal the costs shall be in the discretion of the District Court hearing the appeal. 95. Recovery of costs from Board .(1

costs shall be in the discretion of the District Court hearing the appeal. 95. Recovery of costs from Board .(1) If the Board fails to pay any cost awarded to an appellant within ten day s after the date of the order for payment thereof, the District Court awarding the costs may order the person having the custody of the balance of the cantonment fund to pay the amount. (2) Where the appellant fails to pay any costs awarded to the Board w ithin ten days after the date of the order for payment thereof, the same shall be recoverable by the Boa rd in the same manner as moneys recoverable by the Board under section 324. 96. Conditions of right to appeal. No appeal shall be heard or determ ined under this Chapter unless (a) the appeal is, in the case of a tax assessed on the annual rateable value of buildings or lands or both, brought within thirty days next after the date of the authentication of the assessment list under section 77 (exclusive of the time required for obtaining a copy of the relevant entries therein), or, as 45 the case may be, within thirty days of the date on which an amendment is finally made under section 79 and in the case of any other tax, within thirty days next af ter the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days next after the date of the presentation of the first bill in respect thereof: Provided that an appeal may be admitt ed after the expiration of the period prescribed there for by this section if the appellant satisfies the District Court before whom the appeal is preferred that he had sufficient cause for not preferring it within that period; (b) the amount including the assessed tax or duty, if any, in dispute in the appeal shall be deposited by the appellant every year on or before the due date in the office of the Board till the appeal is decided by the District Court. 97. Finality of appellate orders. The order of a District Court confirming, setting aside or modifying an order in respect of any valuation or assessment or liability to assessment or taxation shall be final: Provided that it shall be lawful for the District Court, upon application or on its own motion, to review any order passed by it in appeal if application in this behalf is made within three months from the date of the original order. Payment and recovery of taxes 98. Time and manner of payment of taxes .Save as otherwise expressly provided under this Act, any tax imposed under the provisions of this Act shall be payable on such dates and in such manner, as the Chief Executive Officer may, by public notice, direct. 99. Public notice for taxes due. (1) When any tax has become due the Chief Executive Officer shall cause a separate bill and public notice to be issued as well as published in a local newspaper specifying the tax and the period for which it is due for payment. (2) The tax shall become due for payment from the date of issue of pu blic notice under sub-section ( 1) above. (3) Any non -receipt of a Bill by a person shall not be a cause for non -payment of the tax notified under sub -section ( 1). 100. Notice of demand .(1) If the amount of tax for which public notice h as been issued or a bill has been presented is not paid within thirty days from the issue of public notice or presentation of the bill, as the case may be, the Chief Executive Officer may cause to be served upon the person liable for the payment of the sam e a notice of demand in the form set forth in Schedule I. (2) For every notice of demand which the Chief Executive Officer causes to be served on any person under this section, a fee of such amount, not exceeding two hundred rupees as shall in each case be fixed by the Chief Executive Officer, shall be payable by the said person and shall be included in the costs of recovery. 101. Recovery of tax. (1) If the person liable for the payment of any tax does not, within thirty days from the service of the not ice of demand, pay the amount due, or show sufficient cause for non-payment of the same to the satisfaction of the Chief Executive Officer, such sum, with all costs of recovery, may be recovered under a warrant, issued in the form set for th in Schedule II, by distress and sale of the movable property or attac hment and sale of the immov able property of the defaulter: Provided that the Chief Executive Officer shall not recover any sum the liability for which has been remitte d on appeal under this Chapter: Provided further that the sale of any immovable property attached under this sub -section shall not be made save under the orders of the Board. (2) Every warrant issued under this section shall be signed by the Chief Executive Officer. 102. Interest payable on taxes due. (1) If a person on whom a notice of demand has been served under section 100, does not, within thirty days from the service of such notice, pay the sum demanded in 46 the notice, he shall be liable to pay by way of interest, in a ddition to the sum and other charges due one per cent., of the sum due for each complete month from the date of expiry of the period of thirty days as aforesaid. (2) The amount of interest shall be recoverable in the same manner as moneys recoverable by the Board under section 324. Provided that (a) where no appeal has been preferred, the Chief Executive officer with the previous sanction of the Board; and (b) in any other case, the District Court hearing the appeal under section 93, may remit the who le or any part of the interest payable in respect of any period. 103. Distress. (1) It shall be lawful for any official of the Board to whom a warrant issued under section 101 is addressed to distrain, wherever it may be found in the cantonment, any movable property of or standing timber, growing crops or grass belonging to the person therein named as defaulter, subject to the following conditions, ex ceptions and exemption, namely: (a) the following pr operty shall not be distrained (i) the necessary wearing apparel and bedding of the defaulter or of his wife or of his children; (ii) tools of artisans; (iii) books of account; or (iv) when the defaulter is an agriculturist, his implements of husbandry, seed-grain, and such cattle as may be necessary to enable the defaulter to earn his livelihood; (b) the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any property h as been distrained which, in the opinion of the Chief Executive Officer, should not have been distrained, it shall forthwith be returned. (2) The person charged with the execution of a warrant of distress shall forthwith make an inventory of the property which he seizes under such warrant, and shall, at the same time, give a written notice in the form in Schedule III to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned. 104. Disposal of distra ined property. (1) When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Chief Executive Officer shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid. (2) If the warrant is not in the meantime suspended by the Chief Executive Officer, or discharged, the property seized shall, after the expiry of the period named in the notice served under sub -section ( 2) of section 103, be sold by public auction by order of the Chief Executive Officer. (3) For every distraint made under this Chapter a fee of such amount, not exceeding two hundred rupees, as shall in each case be fixed by the Chief Executive Officer shall be charged, and the said fee shall be included in the costs of recovery. 105. Attachment and sale of immovable property .(1) When a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taki ng any benefit from such transfer or charge, and declaring that such property would be sold unless the amount of tax due with all costs of recovery is paid in the office of the Board within fifteen days from the date of attachment. (2) An order under sub -section (1) shall be displayed at some place on or adjacent to such property by pasting the same conspicuously and by publishing the same in a newspaper having circulation in the area 47 in which the property is situated or by any other means or mode as may be considered appropriate by the Chief Executive Officer. (3) Any transfer of or charge on the property attached or any interest thereon made without the written permission of the Chief Executive Officer shall be void as against all claims of the Board enforceable under the attachment. (4) Where the sum due to the Board with the cost incurred by the Board in the sale of the property, including publication of notice in newspaper and a sum equal to five per cent. of the purchase money for payment to the pu rchaser is paid by the defaulter, before the confirmation of the sale under sub-section ( 5), the attachment, if any, of the immovable property shall be deemed to have been removed. (5) After the sale of the property by auction as aforesaid, it shall be confirmed in writing by the Chief Executive Officer who shall put the person declared to be the purchaser in possession of the same and shall grant him a certificate to the effect that he has purchased the property to which the cert ificate refers. (6) The Central Government may make rules for (a) regulating the manner of execution of warrants for the attachment and sale of immovable property; (b) charging of fees for the attachment and sale of immovable property, to be included in t he cost of recovery of the tax due; (c) summary determination of any claim made by any person other than the person liable for the payment of any tax, in respect of any property attached in execution of warrant under this section. 106. Recovery from a person about to leave cantonment and refund of surplus sale proceeds, if any.(1) If the Chief Executive Officer has reason to believe that any person from whom any sum is due or is about to become due on account of any tax is about to move from the canton ment, he may direct the immediate payment by such person of the sum so due or about to become due, and cause a notice of demand for the same to be served on such person. (2) If, on the service of such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress and sale of movable property or attachment and sale of immovable property in the manner hereinbefore provided in this Chapter, and the warrant of such distress and sale or attachment and sale may be issued and executed without any delay. (3) The surplus of the sale proceeds arising out of section 104, section 105 and this section, if any, shall immediately after the sale of the property, be credited to the cantonment fund, and the notice of such credit shall immediately be given to the person whose property has been sold, or to his legal representative and, if such money is claimed, within a period of one year from the date of notice, a refund thereof shall be made to the said person or hi s representative. (4) Any surplus of the sale proceeds not claimed within one year as aforesaid shall be the property of the Board. 107. Power to institute suit for recovery .Instead of proceeding against a defaulter by distress and sale of movable property or attachment and sale of immovable property as hereinbefore provided in this Chapter, or after a defaulter has been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, f rom such defaulter on account of a tax may be recovered from him by a suit in any court of competent jurisdiction. Special provision s relating to taxation, etc 108. Board to be a Municipality for taxation purposes .A Board shall be deemed to be a municipa l committee for the purposes of taxation as per the Municipal Taxation Act, 1881 (11 of 1881) . 109. Payment to be made to a Board as service charges by Central Government or State Government .The Central or the State Government, as the case may be, shall pay to a Board annually service charges for providing collective municipal services or development work in a cantonment where 48 the Central or the State Government properties are situated as worked out by the Board based on the guidelines issued in this beha lf by the Central Government or the State Government. 110. Power to make special provision fo r conservancy in certain cases. A Board may make special provisions for the cleansing of any factory, hotel, club or group of buildings or lands used for any one purpose and under one management, and may fix a special rate and the dates and other conditions for periodical payment thereof, which shall be determined by a written agreement with the person liable for payment of the conservancy or scavenging tax in resp ect of such factory, hotel, club or group of buildings or lands: Provided that, in fixing the amount, proper regard shall be had to the probable cost to the Board of the services to be rendered. 111. Exemption in case of buildings .(1) When in pursuance of section 110, a Board has fixed a special rate for the cleansing of any factory, hotel, club or group of buildings or lands, such premises shall be exempted from the payment of conservancy or scavenging tax imposed in the cantonment. (2) The following b uildings and lands shall be exempt from any property tax other than tax imposed to cover the cost of specific services rendered by the Board, namel y: (a) places set apart for public worship and either actually so used or used for no other purpose and rendering services free of cost without deriving any income whatsoever; (b) buildings used for educational purposes, public libraries, playgrounds and dharamshalas which are open to the public and from which no income is derived; (c) hospitals and dispen saries maintained wholly by charitable contributions; (d) burning and burial grounds, not being the property of the Government or a Board, which are controlled under the provisions of this Act; (e) buildings or lands vested in a Board; and (f) any buildi ngs or lands, or portion of such buildings or lands, which are the property of the Government. 112. General Power o f exemption. The Central Government may, by notification in the Official Gazette, exempt, either wholly or in part from the payment of any ta x

Central Government may, by notification in the Official Gazette, exempt, either wholly or in part from the payment of any ta x imposed under this Act, any person, or class of persons or any property or goods or class of property or goods. 113. Exemption of poor persons .A Board may exempt, for a period not exceeding one year at a time from the payment of any tax, or any portion of a tax imposed under this Act, any person who in its opinion is by reason of poverty unable to pay the same. 114. Composition .(1) The Board may, with the previous sanction of the General Commanding Officer -in-Chief, the Command, allow any person to com pound for any tax. (2) Every sum due by reason of the composition of a tax under sub -section ( 1) shall be recoverable as if it were a tax. 115. Irrecoverable debts .The Board may write off any sum due on account of any tax or rate or of the costs of recovering any tax or rate if such sum is, in its opinion, irrecoverable: Provided that, where the sum written off in favour of any one person exceeds two thousand and five hundred rupees, the sanction of the General Officer Commanding -in-Chief, the Comma nd shall be first obtained. 116. Obligation to disclose liability .(1) The Chief Executive Officer, may, by written notice, call upon any inhabitant of the cantonment to furnish such information as may be necessary for the purpose of ascertaining (a) whet her such inhabitant is liable to pay, or has correctly paid, any tax imposed under this Act; (b) at what amount he should be assessed; or 49 (c) the annual value of the building or land which he occupies and the name and address of the owner or lessee thereof. (2) If any person, when called upon under sub -section ( 1) to furnish information, neglects to furnish it within the period specified in this behalf by the Chief Executive Officer or furnishes information which is not true to the best of his knowl edge or belief, he shall be punishable with fine which may extend to five thousand rupees and shall also be liable to be assessed at such amount on account of tax as the Chief Executive Officer may deem proper, and the assessment so made shall, subject to the provisions of this Act, be final. 117. Immaterial error not to affect liability .No assessment and no charge or demand on account of any tax or fee shall be impeached or affected by reason only of any mistake in the name of any person liable to pay su ch tax or fee, or in the description of any property or thing, or any mistake in the amount of the assessment, charge or demand, if the directions contained in this Act and the rules and bye -laws made thereunder have in substance and effect been complied w ith; but any person who sustains any special damage by reason of any such mistake shall be entitled to recover such compensation for the same, as the Board may decide. 118. Distraint not to be invalid by reason of immaterial defect .No distress levied or attachment made under this Chapter shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account only of any defect of form in the notice of demand, warrant of distress or attachment and sale or other proceeding relating thereto; nor shall any such person be deemed a trespasser ab initio on account of any irregularity afterwards committed by him; but any person who sustains any special damage by reason of any such irregularity shall be entitled to recover such compensation for the same, as the Board may decide. CHAPTER VI CANTONMENT FUND AND PROPERTY Cantonment fund and cantonment development fund 119. Cantonment fund and cantonment development fund. (1) There shall be formed for every cantonment a cantonment fu nd and there shall be placed to the credit there of the following sums, namely: (a) the balance if any, of the cantonment fund formed for the cantonment under the Cantonmen ts Act, 1924 (2 of 1924) ; (b) all sums received by or on behalf of the Board. (2) There shall also be formed for every cantonment, a cantonment development fund and there shall be placed to the credit, there of the following sums, namely: (i) any sum received from the Central Government or the Government of any State by way of contribut ions, grants, subsidies or by any other way for the implementation of any specific scheme or for the execution of any specific project; (ii) any sum received from any individual or association of individuals by way of gift or deposit; and (iii) any sum r aised or borrowed under section 121 for the execution of specific development projects. 120. Custody of cantonment fund and cantonment development fund. (1) The cantonment fund and the cantonment development fund shall be kept in separate accounts which shall be maintained in State Bank of India or any of its subsidiary banks or any nationalised bank or any scheduled commercial bank having its branch either in the cantonment or in the municipal area adjoining the cantonment. Explanation. In this section, (i) nationalised bank means corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or the Banking Companies (Acquisition and Transfer of Undertakings) Act,1980 (40 of 1980) ; 50 (ii) State Bank of India means the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955) ; (iii) subsidiary bank means a subsidiary bank as defined in the State Bank of India (Subsidiary Banks ) Act, 1959 (38 of 1959) . (2) The Chief Executive Officer may with the previous sanction of the President Cantonment Board may invest any portion of cantonment fund or cantonment development fund in securities of Central Government or in such securities, including fixed deposits in banks in the best interest of the Board and may dispose of such investments or vary them for others of a like nature. (3) The income resulting from any fixed deposit or from any such securities as is referred to in sub-section (2) or from the proceeds of the sale of any such security shall be credited to the cantonment fund or, as the case may be, the cantonment development fund. (4) Every action taken under sub -sections (2) and ( 3) may b e subsequently brought to the next meeting of the Board. 121. Power of Board to borrow money. A Board may from time to time by a resolution passed in this behalf borrow money from another Board, on mutually agreeable terms any sum of money which may be req uired for the schemes or projects covered under this Act. property 122. Property. Subject to any special reservation made by the Central Government all property of the nature hereinafter in this section specified which has been acquired or provided or is maintained by a Board shall vest in and belong to that Board, and shall be under its direction, manageme nt and control, that is to say, (a) all markets, slaughter -houses, manure and night -soil depots, and buildings of every description; (b) all water -works for the supply, storage or distribution of water for public purposes and all bridges, buildings, engines, materials, and things connected there with or appertaining thereto; (c) all sewers, drains, culverts and water -courses, and all works, mat erials and things appertaining thereto; (d) all dust, dirt, dung, ashes, refuse, animal matter, filth and rubbish of every kind, and dead bodies of animals collected by the Board from the streets, houses, privies, sewers, cesspools or elsewhere, or deposited in places appointed by the Board for such purposes; (e) all lamps and lamp -posts and apparatus connected therewith or appertaining thereto; (f) all lands or other property transferred to the Board by the Central or a State Government, or by gift, purchase or otherwise for local public purposes; and (g) all streets and the pavements, stones and other materials thereof, and also all trees, erections, materials, implements, and things existing on or appertaining to stree ts. 123. Application of cantonment fund, cantonment development fund and property .The cantonment fund, cantonment development fund and all property vested in a Board shall be applied for the purposes, whether express or implied, for which, by or under this Act or any other law for the time being in force, powers are conferred or duties or obligati ons are imposed upon the Board: Provided that the Board shall not incur any expenditure for acquiring or renting land beyond the limits of the cantonment or fo r constructing any work beyond such limits except (a) with the sanction of the Central Government, and (b) on such terms and conditions as the Central Government may impose: Provided further that priority shall be given in the order hereinafter set fort h to the following liabilities and obligations of a Board, that is to say, (a) to the liabilities and obligations arising from a trust legally imposed upon or accepted by the Board; 51 (b) to the repayment of, and the payment of interest on, any loan incurr ed under the provisions of the Local Authorities Loan Act, 1914 (9 of 1914) or under the provisions of this Act. (c) to the payment of establishment charges; (d) to the payment of any sum the payment of which is expressly required by the provisions of this Act or any rule or bye -law made thereunder. 124. Acquisition of immovable property .When there is any hindrance to the permanent or temporary acquisition upon payment of any land required by a Board for the purposes of this Act, the Central Government may, on the recommendation of the Board, procure the acquisition there of under the provisions of the Land Acquisition Act, 1894 (1 of 1894) , and on payment by the Board of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the Board. 125. Power to make rules regarding cantonment fund, cantonment develpment fund and property .The Central Government may make rules consistent with thi s Act to provide for all or any of the following matters, namely: (a) the conditions on which property may be acquired by Boards or on which property vested in a Board may be transferred by sale, mortgage, lease, exchange or otherwise; and (b) any other matter relating to the cantonment fund or cantonment development fund or cantonment property, in respect of which no provision or insufficient provision is made by or under this Act and provision is, in the opinion of the Central Government necessary. CHA PTER VII CONTRACTS 126. Contracts by whom to be executed .Subject to the provisions of this Chapter, every Board shall be competent to enter into and perform any contract necessary for the purposes of this Act. 127. Sanction. (1) Every contract (a) for which budget provision does not exist, or (b) which involves a value or amount exceeding rupees fifty thousand shall require the sanction of the Board. (2) Every contract other than a contract such as is referred to in sub -section ( 1) shall be sanctioned b y the Chief Executive Officer on behalf of the Board. 128. Execution of contract .(1) Every contract made by or on behalf of a Board, the value or amount of which exceeds fifty thousand rupees, shall be in writing, and every such contract shall, be signed by two members, of whom the President or the Vice -President shall be one, and be countersigned by the Chief Executive Officer and be sealed with the common seal of the Board. (2) Where the Chief Executive Officer executes a contract on behalf of the Board sanctioned under sub-section ( 2) of section 127, he shall submit a report, on the execution of the contract, to the Board at its next meeting. 129. Contracts improperly executed not to be binding on a Board .If any contract is executed by or on behalf of a Board, otherwise than in conformity with the provisions of this Chapter, it shall not be binding on the Board. CHAPTER VIII SANITATION AND THE PREVENTION AND TREATMEN T OF DISEASE Sanitary authorities 130. Responsibility for sanitation. The following officers shall, for the purposes of sanitation, have control over, and be responsible for maintaining in a sanitary condition, those parts of a cantonment, respectively, which are specified in the case of each, that is to say: (a) the Officer Comman ding t he army in the cantonment all buildings and lands which are occupied or used for army purposes; 52 (b) the Officer Comman ding the navy in the cantonment all buildings and lands which are occupied or used for naval purposes; (c) the Officer Commanding the ai r force in the cantonment all buildings and lands which are occupied or used for air force purposes; (d) the Officer Commandi ng the station in the cantonment all buildings and lands, occupied or used for any defence purpose, other than those referred to in clauses ( a), (b) and ( c); (e) the head of any civil department or railway administration occupying as such any part of the cantonment all buildings and lands in his charge as head of that department or administration; (f) the head of any establishment or installation of the Defence Research and Development Organisation in the cantonment buildings and lands which are occupied or used for the purposes of the Defence Research and Development Organisation in the cantonment; (g) the head of a Public Sector Undertaking the buildings and lands belonging to such undertaking in the cantonment; (h) the Chief Executive Officer the buildings and lands in the civil area of the cantonment and all other buildings and lands not covered in clauses ( a) to ( g) above. 131. General duties of Health Officer. (1) The Health Officer shall be the Advisor to the Board in all matters relating to sanitation and exercise a general sanitary supervision over the cantonment and shall periodically submit a report along with his recommendations at least once in every month to the Board. (2) The Assistant Health Officer shall perform such duties in connection with the sanitation of the cantonment as are, subject to the control of the Board, allotted to him by the Health Officer. Conservancy and sanitation 132. Public latrines, urinals and c onservancy establishments. All public latrines and urinals provided or maintained by a Board shall be so constructed as to provide separate compartments for each sex and the compartments so cons tructed shall be made accessible to and barrier free for the persons with disabilities and shall be

sex and the compartments so cons tructed shall be made accessible to and barrier free for the persons with disabilities and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order. 133. Duty of occupier to co llect and depos it rubbish, etc. (1) It shall be the duty of an occupier of a building or land (a) to make adequate arrangements for the house scavenging of the building or land; (b) to provide receptacles of the type and in the manner prescribed by the Chief Executive Officer for the collection therein of all filth, rubbish and other offensive matter from such building or land and to keep such receptacle in good condition and repair; (c) to cause all filth, rubbish and other offensive matter collected in receptacles an d to be removed and deposited in the public receptacles, depots or places provided or appointed under sub-section ( 1) of section 135. (2) For the purpose of this section and section 134, house scavenging means the removal of filth, rubbish or other offensive matter from a privy, latrine, urinal, drain, cesspool or other common receptacle for such matter. 134. Power of Board to undertake private conservancy arrangement .(1) On the application or with the consent of the occupier of any building or land, or, where the occupier of any building or land fails to make arrangements to the satisfaction of the Chief Executive Officer for the matters referred to in this section, without such consent, and after giving notice in writing to th e occu pier, the Chief Executive Officer may undertake the house scavenging of any building or land in the cantonment for such period as he thinks fit on such terms as he may specify in this behalf. (2) Where the Chief Executive Officer has undertaken the duties referred to in this section, all matter removed in the performance of such duties shall be the property of the Board. 53 135. Deposits and disposal of rubbish, etc. (1) Every Board shall provide or appoint, in proper and convenient situations, public receptac les, depots or places for the temporary deposit or disposal of household rubbish, offensive matter, car cases of dead animals and sewage. (2) The Chief Executive Officer may, by public notice, issue directio ns as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub -section ( 1) may be removed along a street or may be deposited or otherwise disposed of. (3) All matter deposited in receptacles, depots or places provided or appointed under this section shall be the property of the Board. 136. Cesspools, receptacles, for filth, etc .The Chief Executive Officer of any canton ment may, by notice in writing (a) require any person having the control w hether as owner, lessee or occupier of any land or building in the cantonment (i) to close any ce sspool appertaining to the land or building which, in the opinion of the Chief Executive Officer, is a nuisa nce, or (ii) to keep in a clean condition, in such manner as may be prescribed by notice, any receptacle for filth or sewage accumulating on the land or in a building, or (iii) to prevent the water of any private latrine, urinal, sink or bathroom or any other offensive matter, from soaking, draining or flowing, or being put, from the land or building upon any street or other public place, or into any water -course or into any drain not intended for the purpose, or (iv) to collect and deposit for removal by the conservancy establishment of the Board, w ithin such time and in such receptacle or place, as may be specified in the notice, any offensive matter or rubbish which such person has allowed to accumulate or remain under, in or on such building or land; or (b) require any person to desist from makin g or altering any drain leading into a public drain; or (c) require any person having the control of a drain in the cantonment to cleanse, purify, repair or alter the same, or otherwise put it in good order, within such time as may be specified in the noti ce. 137. Filling up of tank, etc. (1) Where any well, tank, cistern, reservoir container, desert cooler or any other, receptacle or place in the cantonment where water is stored or accumulated, whether within any private enclosure or not, is in such a con dition as to create a nuisance or, in the opinion of the Health Officer, is or is likely to be a breeding place for mosquitoes, the Board may, by notice in writing, require the owner, lessee or occupier thereof within such period as may be specified in the notice, to fill up or cover the well, cistern, reservoir or receptacle, or to fill up the tank, or to drain off or remove the water, as the case may be. (2) The Board may from time to time take such measures as are necessary in its opinion for prevention of breeding of mosquitoes, insects or any bacterial or viral carriers of disease in public places under the control or management of the Board. (3) The Board may, if it thinks fit, meet the whole or any portion of the expenses incurred in execution of wo rk mentioned in sub -sections ( 1) and (2) of this section. 138. Provision of latr ines, etc. The Chief Executive Officer may, by notice in writing, require the owner or lessee of any building or land in the cantonment to provide, in such manner as may be sp ecified in the notice, any latrine, urin al, cesspool, dust -bin or other receptacle for filth, sewage, or rubbish, or any additional latrine, urinal, cesspool or other receptacle as aforesaid, which should, in his opinion, be provided for the building or la nd. 139. Sanitation in factories, etc .Every person employing, whether on behalf of the Government or otherwise, more than ten workmen or labourers, and every person managing or having control of a market, school, theatre or other place of public resort, in a cantonment shall give notice of the fact to the Chief Executive Officer, and shall provide such latrines and urinals, and shall employ such number of 54 sweepers, as the Chief Executive Officer thinks fit, and shall cause the latrines and urinals to be k ept clean and in proper order: Provided that nothing in this section shall apply in the case of a factory to which the Factories Act, 1948 (63 of 1948) applies. 140. Private latrines .Subject to the provisions of the Employment of Manual Scavenger and Construction of Dry Latrine (Prohibition) Act, 1993 (46 of 1993) , the Chief Executive Officer or any official of the Board authorised by him may, by notice in writing, (a) require the owner or other person having the control of any private l atrine, or, urinal in the cantonment not to put the same to public use; or (b) where any plan for the construction of private latrines or urinals has been approved, and copies thereof may be obtained free of charge on application (i) require any person repairing or constructing any private latrine or urinal not to allow the same to be used until it has been inspected by an official of the Board authorised by the Chief Executive Officer, or under the direction of the Health Officer and approved by him as conforming with such plan; or (ii) require any person having control of any private latrine or urina l to re -build or alter the same in accordance with such plan; or (c) require the owner or other person having the control of any such private latrine or urinal which, in the opinion of the Chief Executive Officer, constitutes a nuisance, to remove the latrine or urinal; or (d) require any person having the control whether as owner, lessee or occupier of any land or building in the cantonment (i) to have any latrines provided for the same shut out by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighborh ood, or (ii) to cleanse in such manner as the Chief Executive Officer may specify in the notice any latrine o r urinal belonging to the land or building; (e) require any person being the owner and having the control of any drain in the cantonment to provide, within ten days from the service of the notice, such covering as may be specified in the notice. 141. Special provisions for collection of rubbish and solid waste management. (1) All solid waste material generated in a cantonment shall be removed by the Board and be brought to the compost sites or sanitary land sites or trenching sites earmarked by it for the purpose . (2) The Board shall also devise schemes for collecting rubbish and garbage from each house in the cantonment and may, if considers necessary, associate residents' welfare associations or such other non governmental organisation for this purpose. (3) As far as possible the Board shall devise appropriate system to ensure that all compostable or bio-degradable waste in the cantonment is recycled and used for generating manure, bio -gas or any other form of energy. 142. Remov al of congested buildings .(1) Where it appears to a Board that any block of buildings in the cantonment is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness or closeness of the street, or of the want of proper drainage or ventilation, or of the impracticability of cleansing the buildings or other similar cause, it may cause the block to be inspected by a committee consisting of (a) the Health Officer, (b) the Civil Surgeon of the district or, if his services are not available, some other medical officer in the service of the Government, (c) the Executive Engineer or a person deputed by the Executive Engineer in this behalf, and 55 (d) two non -official members of the Board. (2) The committee shall make a report in writing to the Board regarding the sanitary condition of the block, and, if it considers that the condition thereof is likely to cause risk of disease to the inhabitants of the building or of the neighbourhood or otherwise to endang er the public health, it shall clearly ind icate on a plan verified by the Executive Engineer or the person deputed by him to serve on the committee, the buildings which should in its opinion wholly or in part be removed in order to abate the un healthy cond ition of the block. (3) If, upon receipt of such report, the Board is of opinion that all or any buildings indicated should be removed, it may, by notice in writing, require the owners thereof to remove them: Provided that the Board shall make compensation as it thinks fit to the owners for any buildings so removed which have been erected under proper authority: Provided further that the Board may if it considers it equitable in the circumstances so to do pay to the owners such sum as it thinks fit as compensation for any buildings so removed which hav e not been erected under proper authority. (4) For the purposes of this section buildings includes enclosure, walls and fences appertaining to buildings. 143. Overcrowding of dwelling hous es.(1) Where it appears to a Board that any building or part of a building in the cantonm ent which is used as a dwelling house is so overcrowded as to endanger the health of the inmates thereof, it may, after such inquiry as it thinks fit, by notice in writing require the owner or occupier of the building or part thereof, as the case may be, within such time not being less than one month as may be specified in the notice, t o abate the overcrowding of the same by reducing the number of lodgers, tenants, or other inmates to such number as may be specified in the notice. (2) Any person who fails, without reasonable cause, to comply with a requisition made upon him under sub-section ( 1) shall be punishable with fine which may extend to two thousand five hundred rupees, and , in the case of a continuing offence, to an additional fine which may extend to two hundred fifty rupees for everyday after the first during which the failure has continued. 144. Power to require repair or alteration of building. (1) Where any building i n a cantonment is so ill-constructed or dilapidated as to be, in the opinion of the Board, in an insanitary state, the Board may, by notice in writing, require the owner, within such time as may be specified in the notice, to execute such repairs or to make such alterations as it thinks necessary for the pu rpose of removing such defects. (2) A copy of every notice issued under sub -section ( 1) shall be conspicuously pasted on the building to which it relates. (3) A notice issued under sub -section ( 1) sha ll be deemed to have been complied with, if the owner of the building to which it relates has, instead of executing the repairs or making the alterations directed by the notice, removed the building. 145. Power to require land or building to be cleansed. (1) If any building or land, wheth er tenantable or otherwise, is (i) in an insanitary, filthy or unwholesome state; or (ii) in the opinion of the Chief Executive Officer, a nuisance to persons residing in the neighbourhood; or (iii) overgrown with prickly -pear or rank and noisome vegetation the Chief Executive Officer may, by notice in writing, require the owner, lessee or occupier of such buil ding or land to clean, lime-wash internally or externally, clear, or otherwise put such building or land in a proper state within such period as may be specified in the notice. (2) Any person who fails to comply with the notice issued under sub -section (1) shall be punishable with fine which may extend to five thousand rupees, and, in the case of a cont inuing offence, with an additional fine which may extend to two hundred fifty rupees for each day after the first during which the offence continues. 56 146. Prohibition in respect of air pollutant .No owner, occupier, lessee or any other occupant of the pre mises shall allow or cause to be allowed any air pollutant above the standards, laid down under clause ( g) of sub -section ( 1) of section 17 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) . 147. Power to order disuse of house. If a Board is satisfied that any building or part of a building in the cantonment which is intended for or used as a dwelling place is unfit for human habitation, it may cause

in the cantonment which is intended for or used as a dwelling place is unfit for human habitation, it may cause a notice to be pasted on some conspicuous part of the building prohibiting the owner or occupier thereof from using the building or room for human habitation, or allowing it to be so used, until it has been rendered fit for such use to the satisfaction of the Board. 148. Removal of noxious vegetation. The Ch ief Executive Officer may, by notice in writing, require the owner, lessee, or occupier of any land in the cantonment to clear away and remove any thick or noxious vegetation or undergrowth which appears to him to be injurious to health or offensive to persons residing in the neighbourhood. 149. Agriculture and irrigation. Where, in the opin ion of a Board, the cultivation in the cantonment of any description of crop or the use therein of any kind of manure or the irrigation of any land therein in any spec ified manner is likely to be injurious to the health of persons dwelling in the neighbourhood, the Board may, by public notice, prohibit such cultivation, use or irrigation after such date as may be specified in the notice, or may, by a like notice, direct that it shall be carried out subject to such conditions as the Board thinks fit : Provided that if, when a notice is issued under this section, any land to which it relates has been lawfully prepared for cultivation or any crop is sown therein or is standing there on, the Board shall, if it directs that the notice is to take effect on a date earlier than that by which the crop would ordinarily be sown or reaped, as the case may be, make compensation to all persons interested in the land or crop for the loss, if any, incurred by them respectively by reason of compliance with the notice. Burial and burning grounds 150. Power to call for information regarding burial and burning grounds .The Chief Executive Officer may, by notice in writing, re quire the owner or person in -charge of any burial or burning ground in the cantonment to supply such information as may be specified in the notice concerning the condition, management or position of such ground. 151. Permission for use of new burial or bur ning ground .(1) No place in a cantonment which has not been used as a burial or burning ground before the commencement of this Act shall be so used without the permission in writing of the Board. (2) Such permission may be granted subject to any conditions which the Board thinks fit to impose for the purpose of preventing annoyance to, or danger to the health of, persons residing in the neighbourhood. 152. Power to require closing of burial or burning ground .(1) Where a Board, after making or causing to be made local inquiry, is of opi nion that any burial or burning ground in the cantonment has become offensive to, or dangerous to the h ealth of, persons living in the neighbourhood, it may, with the previous sanction of the Central Government by no tice in writing, require the owner or person in charge of such ground to close the same from such date as may be specified in the notice. (2) Where the Central Government sanctions the issue of any notice under sub -section ( 1) it shall declare the conditi ons on which the burial or burning ground may be re -opened, and a copy of such declaration shall be annexed to the notice. (3) Where the Central Government sanctions the issu es of any such notice, it shall require a new burial or burning ground to be prov ided at the expense of the cantonment fund, or, if the community concerned is willing to provide a new burial or burning ground, the Central Government shall require a grant to be made from the cantonment fund towards the cost of the same. 57 (4) No corpse s hall be buried or burnt in any burial or burning ground in respect of which a notice issued under this section is for the time being in force. 153. Exemption from operation of sections 150 to 152. The provisions of sections 150, 151 and 152 shall not apply in the case of any burial ground which is for the time being managed by or on behalf of the Government. 154. Removal of corpses. The Board may, by public notice, prescribe routes in the cantonment by which alone corpses may be removed to burial or bu rning grounds. Prevention of infectious, contagious or communicable diseases 155. Obligation concerning infectious, contagi ous or communicable diseases. (1) Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person in a cantonment whom he knows or has reason to believe to be suffering from a contagious, communicable or infectious disease, or being the owner, lessee or occupier of any building in a cantonment in which he knows that any person is so suf fering, shall forthwith give information to the Board respecting the existence of such disease. (2) No person shall (a) knowing that he is suffering from a contagious, communicable or an infectious disease, expo se other persons to the risk of infection by his presence or conduct in any public street or public place; (b) having the care of a person whom he knows to be suffering from a contagious, communicable or an infectious disease cause or permit that person to expose other persons to the risk of infecti on by his presence or conduct in any such street or place as aforesaid; (c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish any matter which he knows or has reason to believe to have been exposed to infection from a contagious, communicable or an infectious disease and which has not been disinfected properly; (d) throw or cause to be thrown into any latrine or urinal any matter which he knows or has reason to believe to have been exposed to infection from a contagio us, communicable or an infectious disease and which has not been disinfected properly. (3) Nothing contained in sub -section ( 1) or sub -section ( 2) shall apply in the case of ve nereal disease where the person suffering there from is under specific and adeq uate medical treatment and is by reason of his habits and conditions of life and residence unlikely to spread the disease. (4) Whoever (a) fails to give information or gives false information to the Board respecting the existence of such disease as is referred to in sub -section ( 1), or (b) contravenes the provisions of sub -section ( 2), shall be punishable with fine which may exte nd to one thousand rupees: Provided that no person shall be punishable for failur e to give information if he had reasonable c ause to believe that the information had already been duly given. 156. Blood Bank .Subject to the provisions of any Act made in this regard and the rules and regulation made thereunder, whoever, being in charge of a blood bank or any other establishment w hich collects or supplies blood, plasma, marrow or any other substance for transfusion or treatment of patients or for any other medical use, fails to take adequate precautions or exercise adequate supervision thereby leading to or resulting in the supply of infected or contaminated blood, plasma, marrow or any other substance, shall be punishable with imprisonment which may extend to five years or with fine which may extend to one lakh rupees or with both. 157. Special measures incase of outbreak of infectious or epidemic diseases. (1) In the event of a cantonment being visited or threatened by an outbreak of any infectious or contagious disease among 58 the inhabitants thereof or of any epidemic disease among any animals therein, the Officer Commanding the Station, if he thinks that the provisions of this Act or of any law for the time being in force in the cantonment are insufficient for the purpose, may, with the previous sanc tion of the Central Government (a) take such special measures, and (b) by pu blic notice, make such temporary regulations to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or the spread of the disease: Provided that where in the opinion of the Officer Commanding the Station, immediate measures are necessary, he may take action without such sanction as aforesaid and, if he does so, shall forthwith report such action to the Central Government. (2) Whoever commits a breach of any temporary regulation made under sub -section ( 1) shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860) . 158. Power to require names of dairyman's customers. Where it is certified to the Chief Executive Officer by a medical practitioner that the outbreak or spread of any infectious or contagious disease in the cantonment is, in the opinion of such medical practitioner, attributable to the milk supplied by any dairyman, the Chief Executive Officer may, by notice in writing, require the dairyman, wi th in such time as may be specified in the notice, to furnish him with a full and complete list of the names and addresses of all his customers within the cantonment, or to give him such information as will enable him to trace the persons to whom the dairy man has sold milk. 159. Power to require names of a washerman's customers. Where it is certified to the Chief Executive Officer by the Health Officer that it is desirable, with a view to prevent the spread of any infectious or contagious disease in the ca ntonment, that the Health Officer should be furnished with a list of the customers of any washerman, the Chief Executive Officer may, by notice in writing, require the washerm an, within a time to be specified in the notice, to furnish the Health Officer wi th a full and complete list of the names and addresses of all owners within the cantonment of clothes and other articles which the washerman washes or has washed during the six weeks immediately pr eceding the date of the notice. Explanation .For the purposes of this section, the expression washerman shall mean an individual, body corporate, association of persons engaged in washing clothes in a cantonment. 160. Power to require names of patients or customers of a medical pract itioner or paramedical workers. Where it is certified to the Chief Executive Officer by the Health Officer or a doctor in the employment of the Board that there is apprehension of the outbreak or spreading of any infectious or contagious or communicable disease in the cantonment because of use of contaminated needles, syringes or any other such equipment by a medical practitioner or by any paramedical worker, the Chief Executive Officer may, by notice in writing, require the medical practitioner or the paramedical worker, within such time as may be specified in the notice, to furnish him with a full and complete list of the names and addresses of all his customers or patients within the cantonment, or to give him such information as will enable him to trace the persons whom the me dical practitioner or the paramedical worker has attended to or treated in the six weeks preceding the date of issuing the notice. 161. Report after inspection of dairy or washerman or medical practitioner's place of business .Where, after inspection the Health Officer is of opinion that any infectious, contagious or communicable disease is caused or is likely to arise in the cantonment from the consumption of the milk supplied from a dairy or from the washing of clothes or other art icles in any place, or from any process employed by a washerman, or from use of contaminated needles, syringes or other such equipment by a medical practitioner or any paramedical staff, he shall report the matter to the Chief Executive Officer. 162. Action on repo rt submitted b y Health Officer. Upon receipt of a report submitted by the Health Officer under section 161, the Chief Executive Officer may, by notice in writing, (a) prohibit the supply of milk from the dairy until the notice has been withdrawn; or 59 (b) prohibit the w asherman from washing clothes or other articles in any such place or by any such process as aforesaid until the notice has been withdrawn or unless he uses such place in such manner, or washes by process, as the Chief Executive Officer may direct in the no tice; or (c) prohibit the medical practitioner or the paramedical worker from using any such needles, syringes or other such equipment unless the notice is withdrawn or rectification as may be required in the notice is carried out. 163. Examination of milk, washed clo thes or needles, syringes, etc. The Health Officer or a doctor in the employment of the Board may take possession of any milk, clothes or other articles which are or have recently been in the possession of any dairyman on whom a notice has been served under section 158, or of any clothes or other articles which are or have recently bee n in the possession of any washerman, on whom a notice has been served under section 159, or any needles, syringes or such other equipment which are or have re cently been in the possession of the medical practitioner or paramedical worker to whom a notice under section 160 has been issued and may subject t he same or cause the same to be subjected to such chemical or other process as he may think necessary; a nd the Board shall pay from the cantonment fund all the costs of the process and shall also pay to the owner of the milk, clothes or other articles such sum as compensation for any loss occasioned by such process as may appear to it to be reasonable. 164. Cont amination of public conveyance .Whoever in a cantonment (a) uses a public conveyance while suffering from an infectious or contagious disease, or (b) uses a public conveyance for the carriage of a person who is suffering from any such disease, or (c) uses a public conveyance for the carriage of the corpse of a person who has died from any such disease, shall be bound to take proper precautions against the communication of the disease to other persons using or who may there after use the conveyance and to notify such use to the owner, driver or person in charge of the conveyance, and further to report without delay to the Chief Executive Officer the number of the conveyance and the name of the person so notified. 165. Di sinfection of public conveyance .(1) Where any person suffering from, or the corpse of any person who has died from, an infectious, communicable or contagious disease has been carried in a public conveyance which ordinarily plies in a cantonment, the driver thereof shall forthwith report the fact to the Chief Executive Officer who shall forth with cause the conveyance to be disinfected if that has not already been done. (2) No such conveyance shall be brought again into use until the Chief Executive Officer has granted a certificate stating that it can be used without causing risk of infection. 166. Penalty for failure to report .Whoever fails to

a certificate stating that it can be used without causing risk of infection. 166. Penalty for failure to report .Whoever fails to make to the Chief Executive Officer any report which he i s required to make by section 164 or section 165 shall be punishable with fine which may extend to one thousand rupees. 167. Driver of conveyance not bound to carry person suffering from infectious or c ontagious disease. Notwithstanding anything contained in any law for the time being in force, no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of a cantonment any person suffering from an infectious or con tagious disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum fixed by the Chief Executive Officer from time to time, to cover any loss and expense which would ordinarily be incurred in disinf ecting the conveyance. 168. Disinfection of building or articles therein .Where a Board is, upon the advice of the Health Officer, of opinion that the cleansing and disinfection of any building or part of a building in the cantonment or of any articles in any such building or part which are likely to retain infection, or the renewal of the flooring of any such building or part of such building, wou ld tend to prevent or check the spread of any infectious or contagious disease, the Board may by notice in wri ting, require the owner or 60 occupier to cleanse and disinfect, the said building, part or articles, as the case may be, or to renew the said flooring, within such time as may be specified in the noti ce: Provided that where, in the opinion of the Board the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the Board may, at the expense of the cantonment fund, cleanse and disinfect the building, part or articles, or as the case may be, renew the flooring . 169. Destruc tion of infectious hut or shed. (1) Where the destruction of any hut or shed in a cantonment is, in the opinion of the Board, necessary to prevent the spread of any infectious or contagious disease, the Board may, by notice in writing, requi re the owner to destroy the hut or shed and th e materials thereof within such time as may be specified in the notice. (2) Where the President of a Board is sa tisfied that the destruction of any hut or shed in the cantonment is immediately necessary for th e purpose of preventing the spread of any infectious or contagious disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith, or may himself cause it to be destroyed after giving not less than two hours' notice to the own er or occupier thereof. (3) The Board shall pay compensation to the owner of any hut or shed destroyed under this section. 170. Temporary shelter for inmates of disinfected or destroyed building or shed .The Board shall provide free of charge temporary shelter or house accommodation for the members of any family in which an infectious or contagious disease has appeared who have been compelled to leave their dwelling by reason of any proceedings taken under section 168 or section 169, and who desire such shelter or accommodation as aforesaid to be provided for them. 171. Disinfection of buil ding before letting the same .(1) Where in a cantonment any building or part of a building is intended to be let, in which any person has, within six weeks immediately preceding, been suffering from an infectious or contagious disease, the person letting the building or part shall before doing so disinfect the same in such manner as the Chief Executive Officer may, by public or special notice, direct, together with all articles therein liable to retain infection. (2) For the purposes of this section, the keeper of a hotel, lodging house or sarai shall be deemed to let to any person who is admitted as a guest therein tha t part of the building in which such person is permi tted to reside. 172. Disposal of infecte d article without disinfection. No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any infectious or contagious disease and is likely to be used in, or taken into, a cantonment. 173. Means of disinfection. (1) Every Board shall (a) provide proper places with necessary attendants and apparat us for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection; (b) cause conveyances, clothing or other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as the Chief Executive Officer may fix. (2) The Chief Executive Officer may notify places at which articles of clothing, bedding, conveyances or other articles which have been exposed to infection shall be washed, and, if it does so, no person sha ll wash any such thing at any place not so not ified without having previously disinfected such thing. (3) The Chief Executive Officer may direct the destruction of any clothing, bedding or other article in the cantonment likely to retain infection, and ma y give such compensation as he thinks fit for any article so destroyed. 174. Making or selling of food, etc., or wash ing clothes by infected person. Whoever, while suffering from, or in circumstances in which he is likely to spread, any inf ectious or contagious disease , (a) makes, carries or offers for sale in a cantonment or takes any part in the business of making, carryi ng or offering for sale therein any article of food or drink or any medicine or drug for human consumption, or any article of clot hing or bedding for personal use or wear, or (b) takes any part in the business of the washing or carrying of clothes, shall be punishable with fine which may extend to five thousand rupees. 61 175. Power to restrict or prohibit sa le of food or drink. When a cantonment is visited or threatened by an outbreak of any infectious or contagious disease, the Chief Executive Officer on behalf of the Board may, by public notice, restrict in such manner or prohibit for such period, as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animals so specified. 176. Control ov er wells, tanks, etc .(1) If the Chief Executive Officer on the advic e given by the Health Officer is of opinion that the water in any well, tank or other place is likely, if used for drin king, to endanger, or cause the spread of, any disease, it may, (a) by public notice, prohibit the removal or use of such water for drin king; (b) by notice in writing, require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or (c) take such other steps as it may consider expedient to prevent the outbreak or spread of any such disease. (2) In the event of a cantonment or any part of a cantonment being visited or threatened by an outbreak of a ny infectious or contagious disease, the Health Off icer or any person authorised by him in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking, and may further take such steps as he thinks fit to ensure the purity of the water or to prevent the use of the same for drinking purposes. 177. Disposal of infectious corpse .Where any person has died in a cantonment from any infectious or contagious disease, the Chief Executive Offic er, may, by notice in writing, (a) require any person having charge of the corpse to convey the same to a mortuary, thereafter to be disposed of in accordance with law; or (b) prohibit the removal of the corpse from the place where death occurred except for the purpose of being buried or burned or of being conveyed to a mortuary. Hospitals and dispensaries 178. Maintenance or aiding of hospitals or dispensaries .(1) A Board may (a) provide and maintain either within or without the cantonment as many hospital s and dispensaries as it thinks fit; or (b) make, upon such terms as it thinks fit t o impose, a grant -in-aid to any hospital or dispensary or veterinary hospital, whether within or without the cantonment, not maintained by it. (2) Every hospital or dispensary maintained or aided under sub -section ( 1) shall have attached to it a ward or wards for the treatment of persons suffering from infectious or contagious diseases. (3) The Medical Officer appointed by the Board shall be in charge of every Hospita l and dispensary maintained or aided under this section and be responsible to the Health Officer for medical activities and to the Chief Executive Officer for over all administrative activities of the hospital. 179. Medical supplies, appliances, etc. (1) Every hospital or dispensary maintained or a ided under section 178 shall be maintained in accordance with any general or special orders of the Central Government for the conduct of hospitals and dispensaries or in accordance with the said orders modifie d in such manner as the Central Government may think fit. (2) The Board shall cause every such hospital or dis pensary to be provided with all requisite drugs, instruments, apparatus, furniture and appliances and with sufficient cots, bedding and clothing for in-patients. 180. Free patients .At every hospital or dispensary maintained or aided under section 178, the sick poor of the cantonment, and other inhabitants of the cantonment suffering from infectious, communicable or contagious disease, and, with the sancti on of the Board, any other sick persons, may receive medical or 62 surgical treatment free of cost, and, if treated as in -patients, shall be either dieted gratuitously or, if the medical officer in charge so directs, shall be gran ted subsistence allowance on such scale as the Board may fix. 181. Paying patients .Any sick person who is ineligible to receive medical or surgical treatment free of cost in any hospital or dispensary under section 180 may be admitted for treatment there in upon such terms as the Board thinks fit. 182. Power to order person to attend hospital or dispensary .(1) If the Health Officer or the Medical Officer in charge of a hospital or dispensary maintained or aided under section 178 has reason to believe that any person living in the cantonment is suffering from an infectious, communicable or contagious disease, he may, by notice in writing, call upon such person to attend for examination at any such hospital or dispensary at such time as may be specified in t he notice and not to quit it without the permission of the Medical Officer in charge; and, on the arrival of such person at the hosp ital or dispensary, the Medical Officer in charge thereof may examine him for the purpose of satisfying himself whether or n ot such person is suffering from an infectious, communicable or contagious disease: Provided that, if, having regard to the nature of the disease or the condition of the person suffering there from, or the genera l environment and circumstances of such per son, the Health Officer or Medical Officer, as the case may be, consid ers that the attendance of such person at a hospital or dispensary is likely to prove unnecessary or inexpedient, he shall examine such person at such person's own residence. (2) If any person on examination under sub -section ( 1), is found to be suffering from an infectious or contagious disease, the Health Officer or Medical Officer, as the case may be, may cause him to be detained in hospital until he is free from the infection or conta gion: Provided that, if having regard to the nature of the disease or the condition of the person suffering there from, or the general environment and circumstances of such person, he considers that the detention of such person at a hospital or dispensary is unnecessary or inexpedient, he shall discharge such person and take such measures or give such directions in the matter as he thinks necessary. 183. Power to exclude from cantonment persons refusing to attend hospital or dispensary. (1) If the Health Officer or the Medical Officer in charge of a hospital or dispensary maintained or aided under section 178 reports in writing to the Officer Commanding the station that any person having received a notice under section 182 has refused or omitted to attend at the hospital or dispensary, specified in the notice, or that such person, having attended the hospital or dispensary, has quitted it without the permission of such Medical Officer, or that any person has failed to comply with any direc tion given to him under section 182, the Officer Commanding the station may, by order in writing, direct such person to be removed from the cantonment within twenty -four hours and not to re -enter it without his permi ssion in writing. (2) No person who has under sub -section (1) been ordered to be removed from and not to re -enter a cantonment shall enter any other cantonment without the written permission of the Officer Commanding the station. Control of traffic for hygienic purposes 184. Routes for pilgrims and others. (1) A Board may provide or prescribe suitable routes for the use of persons assing through the cantonment (a) on their way to or from fairs or places of pilgrimage or ot her places of public resort; or (b) during times when an infectious or contagious disease is prevalent, and may, by public notice, require such persons as aforesaid to use such routes and no others. (2) All routes provided or prescribed under sub -section ( 1) shall be clearly and sufficiently indicated by the Board. 63 Special conditions regard ing essential services 185. Conditions of service of safai karamcharis and others .(1)No person employed in any service, or being employed in connection with the working of any system of public conservancy or sanitation or water supply or hospitals or dispensaries or electric supply or public transport services or such other essential services under a Board in any cantonment area, shall, in the absence of any contract, resign without reasonable cause or absent himself from duty without proper authority and in case of such resignation or absence from duty he shall be punishable with impri sonment which may extend to one month; and the conditions of service specified herein shall, invariably be mentioned in the appointment letter of the persons employed to said services. (2) The Central Government may, by notification in the Official Gazette, direct that on and from such date as may be specified in the notification

(2) The Central Government may, by notification in the Official Gazette, direct that on and from such date as may be specified in the notification, the provisions of this section shall apply in the case of any specified class of employees em ployed by a Board whose functions intimately concern the public health or safety. CHAPTER IX WATER -SUPPLY, DRAINAGE AND SEWAGE COLLECTION Water -supply 186. Maintenance of water -supply. (1) In every cantonment where a sufficient supply of potable water for domestic use does not exist, the Board shall provide or arrange for the provision of such a supply. (2) The Board shall, as far as possible, make adequate provision that such supply shall be continuous throughout the year, and that the water shall be at a ll times fit for human consumption. (3) It shall be the duty of every Board to practise and propagate the scientific methods of water harvesting including harvesting of rain water for use and make arrangement for recharging the sources of ground water inc luding underground aquifers and to preserve rivers, streams, springs and other natural sources of water within and in the vicinity of the cantonment. 187. Terms of water -supply. In this Chapter, unless the context otherwise requires, the following words a nd expression in relation to water supply shall have the respective meanings given below, namely: (1) communication pipe means : (a) where the premises supplied with water abut on the part of the street in which the main is laid, and the service pipe enters those premises otherwise than through the outer wall of a building abutting on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies betwee n the main and that stopcock; (b) in any other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the main, and also, (i) where the communication pipe ends at in a stopcock, that stopcock, and (ii) any stopcock fitted on the communication pipe between the end thereof and the main. (2) main means a pipe laid by the Board for the purpose of giving a general supply of water as distinct from a supply to individual consumers and includes any apparatus used in connection with such a pipe. (3) service pipe means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of some t ap. (4) supply pipe means so much of any service pipe as is not a communicatio n pipe. 64 (5) trunk main means a main constructed for the purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk. (6) water fittings includes pipes (other than mains), taps, cocks, valves, ferrules, meters, ci sterns, baths and other similar apparatus used in connection with the supply and use of water. 188. Board to carry out survey and formulate proposals. (1) The Board may, when so required, (a) carry out a survey of the existing consumption of and demand f or water supplies in cantonment and of the water resources in or likely to be made available in the cantonment; (b) prepare an estimate of the future water supply requirements of the cantonment; (c) carry out a survey of the existing quantity of sewage collection; (d) formulate proposals as to (i) the existing or future water supply requirements of the cantonment; (ii) the existing or future sewage collection requirement in cantonment including proposals for the manner in which and the place or places at which sewage should be carried, collected and treated. (2) If the Board is of the opinion that the works and other properties for the time being vested in the Board, are inadequate for the purpose of sufficient s upply of water or for the purpose of efficient collection of sewage under this Act it may take steps in accordance with the provisions of this Act for the construction of additional works, whether within cantonment or outside the cantonment with the approv al of the Principal Director and for the acquisition of additional properties for such works. 189. Control over sources of public water -supply. (1) The Board may, with the previous sanction of the Central Government, by public notice, declare any lake, str eam, spring, well, tank, reservoir or other source, whether within or without the limits of the cantonment other than a source of water -supply under the control and in use of the Military Engineer Services or the Public Works Department from which water is or may be made available for the use of the public in the cantonment to be source of public water -supply. (2) Every such source shall be under the control of the Board and it shall be the du ty of the Board to preserve and maintain such source. 190. Powe r to require maintenance or closing of private source of public drinking water -supply .The Chief Executive Officer may, by notice in writing, require the owner or any person having the control of any source of public water -supply which is used for drinking purposes (a) to keep the same in good order and to clear it from time to time of silt, refuse and decaying vegetation; or (b) to protect the same from contamination in such manner as the Chief Executive Officer may direct; or (c) if the water therein is proved to the satisfaction of the Chief Executive Officer to be unfit for drinking purpose s, to take such measures as may be specified in the notice to prevent the public from having access to or using such water: Provided that, in the case of a well, such person as aforesaid may, instead of complying with the notice, signify in writing his desire to be relieved of all responsibility for the proper maintenance of the well and his readiness to place it under the control and supervisi on of the Board for the use of the public, and, if he does so, he shall not be bound to carry out the requisition, and the Board shall undertake the control and supervision of the well. 65 191. Supply of water .(1) Subject to the guidelines made by the Board in this regard, the Chief Executive Officer may permit the owner, lessee or occupier of any building or land to connect the building or land with a source of public water -supply by means of communication pipes of such size and description as may be s pecified for the purpose of obtaining water for domestic use. (2) The occupier of every building so connected with the water -supply shall be entitled to have for domestic use, in return for the water tax, if any, such quantity of water as the Chief Execut ive Officer may determine. (3) All water supplied in excess of the quantity to which such supply is limited under sub -section ( 2) and, in a cantonment in which a water tax is not imposed, all water supplied under this section, shall be paid for at such ra te as the Board may fix keeping in view its financial viability. (4) The supply of water for domestic use shall not be deemed to include any supply for (a) animals or for washing vehicles where such animals or vehicle are kept for sale or hire; (b) any trade, manufacture or business; (c) fountains, swimming baths or any ornamental or mechanical purpose; (d) gardens or for purposes of irrigation; (e) making or watering roads or paths; or (f) building purposes. 192. Power to require water -supply to be taken.If it appears to the Chief Executive Officer that any building or land in the cantonment is without a proper supply of potable water, the Chief Executive Officer may, by notice in writing, require the owner, lessee or occupier of the building or la nd to obtain from a source of public water -supply such quantity of water, as is, adequate to the requirements of the persons usually occupying or employed upon the building or land, and to provide communication pipes of the prescribed size and description, and to take all necessary steps for the above purposes. 193. Supply of water under agreement .(1) Subject to the gu idelines made by the Board in this regard, the Chief Executive Officer may, by agreement, supply, from any source of public water supply , the owner, lessee or occupier of any building or land in the cantonment with any water for any purpose, other than a domestic purpose, on such terms and conditions, consistent with this Act and the rules and bye laws made thereunder, as may be agreed upon be tween the Chief Executive Of ficer and such owner, lessee or occupier. (2) The Chief Executive Officer may withdraw such supply or curtail the quantity thereof at any time if it should appear necessary to do so for the purpose of maintaining sufficient supply of water for domestic use by inhabitants of the cantonment. 194. Board not liable for failure of supply .Notwithstanding any obligation imposed on Boards under this Act, a Board shall not be liable to any forfeiture, penalty or damages for failure to supply water or for cur tailing the quantity thereof if the failure or curtailment, as the case may be, arises from accident or from drought or other unavoidable cause unless, in the case of an agreement for the supply of water under section 193, the Boa rd has made express provision for forfeiture, penalty or damages in the event of such failure or curtailment. 195. Conditions of universal application .Notwithstanding anything herein before contained or contained in any agreement under section 193, the s upply of water by a Boar d to any building or land shall be, and shall be deemed to have been granted subject to th e following conditions, namely: (a) the owner, lessee or occupier of any building or land in or on which water supplied by the Board is wast ed by reason of the pipes, drains or other works being out of repair shall, if he has knowledge thereof, give notice of the same to such officer as the Chief Executive Officer may appoint in this behalf; (b) the Chief Executive Officer or any other officer or employee of the Board authorised by him in writing in this behalf may enter into or on any premises supplied with water by the Board, for the 66 purpose of examining all pipes, taps, works and fittings connected with the supply of water and of ascertaining whether there is any waste or misuse of such water; (c) the Chief Executive Officer may, after giving notice in writing, cut off the connection between any source of public water -supply and any building or land to which water is supplied for any purpose there from, or turn off such supply if (i) the owner or occupier of the building or land neglects to pay the water tax or water rate or other charges connected with the water supply within one month from the date on which such tax or rate or charg e falls due for payment; (ii) the occupier refuses to admit the Chief Executive Officer or other authorised officer or employee of the Board into the building or land for the purpose of making any examination or inquiry authorised by clause ( b) or prevent s the making of such examination or inquiry; (iii) the occupier wilfully or negligently misuses or causes waste of water; (iv) the o ccupier wilfully or negligently injures or damages his meter or any pipe or tap conveying water from the water works; (v) any pipes, taps, works or fittings connected with the supply of water to the building or land are found, on examination by any other officer or employee of the Board authorised by the Chief Executive Officer in writing in this behalf, to be out of repair to such an extent as to cause waste of water; (d) the expense of cutting off the connection or of turning off the water in any case referred to in clause ( c) shall be paid by the owner or occupier of the building or land; (e) no action taken under or in pursuance of clause ( c) shall relieve any person from any penalty or liability which he may otherwise have incurred. 196. Supply to persons outside cantonment .A Board may allow any person not residing within the limits of the cantonment to take or be sup plied with water for any purpose from any source of public water supply on such terms as it may prescribe, and may at any time withdraw or curtail such supply. 197. Penalty .Whoever (a) uses for other than domestic purposes any water supplied by a Board for domestic use; or (b) where water is supplied by agreement with a Board for a specified purpose, uses that water for any other purposes shall be punishable with fine which may extend to two thousand five hundred rupees, and in addition, the Board shall be entitled to recover from him the cost of the water misused. Water , Drainage and other connections 198. Power of Board to lay wires, connections, etc .A Board may carry any cable, wire, pipe, drain, se wer or channel of any kind, (a) for the purpose of carrying out, establishing or maintaining any system of water -supply, lighting, drainage, or sewerage, through, across, under or over any road or street or any place laid out or intended as a road or street, or, after giving reasonable noti ce in writing to the owner or occupier, into, through, across, under or over any land or building, or up side of any building, situated within the cantonment; or (b) for the purpose of supplying water or of the introductio n or distribution of outflow of water or for the removal or outflow of sewage, after giving reasonable notice in writing to the owner or occupier, into, through, across, under or over any land or building, or up side of any building, situated outside the cantonment and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, sewer or channel in an effective state for the purpose for which the same may be used or is intended to be used: Provided that no nuis ance shall be caused in excess of what is reasonably necessary for the proper execution of the work: 67 Provided further that compensation shall be payable to the owner or occupier for any damage sustained by him which is directly occasioned by the carrying out of any such operation. 199. Wires, etc., laid above surface of ground .In the event of any cable, wire, pipe, drain, sewer or channel being laid or carried above the surface of any land or through, over or up side of any building, such cable, wire, pipe, drain sewer or channel shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building, and compensation shall be payable by the Board in respect of any substant ial interference with the right to any such enjoyment. 200. Connection with main not to be made without permission. No person shall, for any purpose whatsoever

ment. 200. Connection with main not to be made without permission. No person shall, for any purpose whatsoever, without the permission of the Board at any time make or cause to be made any connection or co mmunication with any cable, wire, pipe, drain, sewer or channel constructed or maintained by, or vested in, a Board. 201. Power to prescribe ferrules and to establish meters, etc .The Chief Executive Officer may prescribe the size of the ferrules to be used for the supply of gas, if any, and may establish meters or other appliances for the purpose of measuring the quantity of any water or gas or testing the quality thereof supplied to any premises by the Board. 202. Power of inspection .The ferrules, communication pipes, connections, meters, stand pipes and all fittings thereon or connected therewith leading from water mains or from pipes, drains, sewers or channels into any house or land, to which water or gas is supplied by a Board, and the pipes, fi ttings, and works inside any such house or within the limits of any such land, shall in all cases be installed or executed subject to the inspection and to the satisfaction of the Chief Executive Officer. 203. Power to fix rates and charges .A Board may fi x the charges to be made for the establishment by them or through their agency or communications from, and connections with, mains, or pipes for the supply of water, or gas, or for meters or other appliances for measuring the quantity, or testing the quant ity thereof supplied, and may levy such charges accordingly. Application of this Chapter to Government water -supplies 204. Government water -supply. (1) Where in any cantonment there is a water -supply (other than a public water -supply under the control of the Board) under the control of the Military Engineer Services or the Public Works Department, the Officer of the Military Engineer Services or of the Public Works Department, as the case maybe, in charge of such water -supply (hereafter in this Chapter ref erred to as the Officer) may publish in the cantonment in such manner as he thinks fit a notice declaring any lake, stream, spring, well, tank, reservoir or other source, whether within or without the limits of the cantonment other than a source of public water -supply and the officer may, for the purpose of keeping any such source in good order or of protecting it from contamination or from use, require the Board to exercise any power conferred upon it by section 190. (2) In the case of any water -supply such as is referred to in sub -section ( 1), the following provisions of this Chapter, namely, the provisions of sections 191, 193, 194, 195, 197, 198, 199, 200, 201, 202 and 203 shall, as far as may be, be applicable in respect of the supply of water to the cantonment, and for the purpose of such application references to the Board shall be construed as references to the Officer, and references to the Chief Executive Officer or other officer or employee of the Board shall be construed as references to such p erson as may be authorised in this behalf by the Officer. (3) The provisions of section 193 shall be applicable in respect of the supply of water by agreement to the Board by the Officer for use for any purpose other than a domestic purpose in like manner as they are applicable to such supply to the owner, lessee or occupier of any building or land in the cantonment. (4) In order to preserve the underground water level, the Board may make regulations for the digging or use of bore wells in the cantonment. 205. Water -supply for domestic consumption. (1) Where it appears to the Chief Executive Officer that any dwelling house in the cantonment is without supply of water for domestic consumption and that such a supply can be given from mains which is not more than one hundred feet distance from 68 any part of such dwelling house, the Chief Executive Officer may by notice require the owner to obtain supply and to execute all such works as may be necessary for this purpose. (2) It shall not be lawful for the owner of any premises which may be constructed or reconstructed, to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Chief Executive Officer that there is provided within, or within a reasonable distance of, the house supply of wholesome water as appears to the Chief Executive Officer to be sufficient for domestic consumption and use of the inmates of the house. 206. Recovery of charges .In any case in which the provisions of section 204 apply and in which the Board is not receiving a bulk supply of water under section 207, the water -tax, if any, imposed in the cantonment and all other rates arising out of the supply of water which may be imposed under the provisions of this Chapter as applied by section 204 shall be rec overed by the Board, and all monies so recovered, or such proportion thereof as the Central Government may in each case determine, shall be paid by the Board to the Officer. 207. Supply of water from Government water -supply to the Board. (1) Where in any cantonment there is a water -supply such as is referred to in sub -section ( 1) of section 204, the Board may, and so long as the Board is unable to provide a water -supply of its own, it shall receive from the Military Engineer Services or the Public Works Dep artment, as the case may be, at such point or points as may be agreed upon between the Board and the Military Engineer Services or Public Works Department, a supply of water adequate to t he requirements for domestic use of all persons in the cantonment oth er than entitled consumers. (2) Any supply of water received under sub -section ( 1) shall be a bulk supply, and the Board shall make such payments to the Military Engineer Services or Public Works Department for all water so received as may be agreed upon between the Board and the Military Engineer Services or Public Works Department, or, in default of such agreement, as may be determined by the Central Government to be reasonable having regard to the actual cost of supplying the water in the cantonment and the rate charge for water in any adjacent municipality: Provided that, notwithstanding anything contained in this Act, the Board shall not charge for the supply to persons in the cantonment of water received by the Board under this section a rate calculated to produce more than the sum of the payments made to the Military Engineer Services or Public Works Department for water received and the actual cost of the supply thereof by the Board to consumers. (3) If any dispute arises between the Board a nd the Military Engineer Services or Public Works Department regarding the rate and amount of water adequate to the requirements of persons in the cantonment other than entitled consumers, the disputes shall be referred to the Central Government whose decision shall be final. 208. Functions of the Board in relation to distribution of bulk supply. Where under the provisions of sub -section ( 1) of section 207 a bulk supply of water is received by the Board, the Board shall be solely responsible for the supply of water to all persons in the cantonment other than entitled consumers; and the provisions of this Act shall apply as if such bulk supply were a source of public water -supply under the control of the Board and as if the communications from and connection s with such bulk supply for the purpose of supplying water to such persons were a system of water supply established and maintained by the Board. 209. Special provisions concerning drainage and sewage. (1) All public drains, all drains in, alongside or und er any public street, except those vesting in the Military Engineer Services or any Department of the Central Government or a State Government or any autonomous body under the Central Government or a State Government and all sewage collection works, whethe r constructed out of the cantonment fund or otherwise and all works, material and things appertaining thereto, which are situated in the cantonment shall vest in the Board. (2) All public and other drains, which are vested in the Board are hereafter in this Act referred to as cantonment drains. 69 (3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or sewage collection work so much of the sub -soil appertaining thereto as may be necessary for the said purpose sh all be deemed also to vest in the Board. (4) All drains and ventilation shafts, pipes and all appliances and fittings connected with drainage works constructed, erected or set up out of the cantonment fund in or upon premises not belonging to the Board wh ether (a) before or after the commencement of this Act; and (b) for the use of the owner or occupier of such premises or not, shall unless the Board has otherwise determined, or does at any time otherwise determine, vest and be deemed always to have vested in the Board. 210. Construction of and control of drains and sewage collection and disposal works .(1) All cantonment drains, all sewage collection and all works, materials and things appertaining thereto shall be under the control of the Board. (2) The Chief Executive Officer shall maintain and keep in repair all cantonment drains and sewage collection and sewage disposal works when authorised by the Board. (3) The Board shall construct as many new drains and sewage collection and sewage disposal works as may from time to time be necessary for effectual drainage and sewage collection. (4) The Board shall ensure that the sewage effluents are treated in accordance with the norms laid down under the relevant laws relating to pollution before it is dispersed into a river, stream, lake or open land. 211. Certain matters not to be passed into cantonments drains .No person shall throw, empty or turn into any cantonment drain or into any drain commun icating with a cantonment drain (a) any matter likely t o injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or (b) any chemical, refuse or waste stream, or any liquid of a temperature higher than forty -five degrees centig rade, being refuse or stream which, or liquid which when so heated is, either alone or in combination with the contents of the drain be dangerous, or the cause of a nuisance, or prejudicial to health; or (c) any dangerous petroleum. Explanation. In this section, the expression dangerous petroleum has the same meaning as in the Petroleum Act, 1934 (3 of 1934) . 212. Application by owners and occupiers to drain into cantonment drains .(1) Subject to such conditions as may be prescribed by bye -laws m ade in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within cantonment may apply to the Chief Executive Officer to have his drain made to communicate with the cantonment drains and thereby to discharge foul water and s urface water from those premises or that private drain: Provided that nothing in this sub -section shall entitle a ny person (a) to discharge directly or indir ectly into any cantonment drain (i) any trade effluent from any trade premises except in accordance with bye -laws made in this behalf; or (ii) any liquid or other matter the discharge of which into cantonment drains is prohibited by or under this Act or any other law; or (b) where separate cantonment drains are pr ovided for foul water and for surface water to discharge directly or indirectly (i) foul water into a drain provided for the surface water; or 70 (ii) except with the permission of the Chief Executive Officer, surface water into a drain provided for foul water; or (c) to have his drains made to communicate directly with a storm -water overflow drain. (2) Any person desirous of availing himself of the provisions of sub -section ( 1) shall give t o the Chief Executive Officer notice of his proposals, and at any time within one month after receipt thereof, the Chief Executive Officer may by notice to him refuse to permit the communication to be made, if it appears to him that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the drainage system, and for the purpose of examining the mode of construction and condition of the drain he may, if necessary, require it to be lai d open for inspection. (3) The Chief Executive Officer may, if he thinks fit, construct such parts of the work necessary for having a private drain made to communicate with a cantonment drain, as is in or under a public street and in such a case, the expe nses incurred by the Chief Executive Officer shall be paid by the owner or occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrears of tax under this Act. 213. Drainag e of undrained premises .(1) Where any premises are in the opinion of the Chief Executive Officer, without sufficient means of effectual drainage and a cantonment drain or some place approved by the Chief Executive Officer for the discharge of filth and ot her polluted and obnoxious matter is situated at a distance of not exceeding thirty metres from any part of the said premises, he may, by written notice, require the owner of the said pre mises (a) to make a drain emptying into such cantonment drain or pla ce; (b) to provide and set up all such appliances and fittings as may appear to the Chief Executive Officer necessary for the purposes of gathering and receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith; (c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health; (d) to provide a closed dr ain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a close drain and such other appliance or thing in substitution of the existing open drai n and other appliance or thing, which is or is likely to be injurious to health; (e) to provide and set up all such appliances and fitting as may appear to the Chief Executive Officer to be necessary for the purpose of gathering and receiving the waste wa ter from floors and galleries of buildings when they are washed, and conveying the same through spouts, by down -take pipes so as to prevent such waste water from discharging directly on streets or inside any lower portion of the premises; (f) to carry out

such waste water from discharging directly on streets or inside any lower portion of the premises; (f) to carry out any work to improve or re -model an existing drain which is inadequate, insufficient or faulty. (2) Where in any case not provided for in sub -section ( 1) any premises are, in the opinion of the Chief Executive Officer, without sufficient means of effectu al drainage, he may, by written notice, require the owner of the premises (a) to construct a drain up to a point to be prescribed in such notice but not at a distance or more than thirty meters from any part of the premises; or (b) to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit. (3) Any requisition for the construction of any drain under sub-section ( 2) may contain any of the details specified in sub -section ( 1). 71 214. New premises not to be erected without drains. (1) It shall not be lawful to erector to re-erect any premises in a cantonment or to o ccupy any such premises unless (a) a drain be constructed of such size, materials and description, at such level and with such fall as shall appear to the Chief Executive Officer to be necessary for the effectual drainage of such premises; (b) there have been provided and set up on such premises such appliances and fittings as may appear to the Chief Executive Officer to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith. (2) The drain so constructed shall empty into a cantonment drain situated at a distance of not exceeding thirty meters from the premises; but if no cantonment drain is situated within that distance then such drain shall empty into a cesspool situated within that distance to be specified by the Chief Executive Officer for the purpose. 215. Power to drain group or block of premises by combined operations .(1) If it appears to the Chief Executive Officer that any group or block of premises may be drained more economically or advantageously in combination than separately, and a cantonment drain of sufficient size already exists or is about to be constructed within thirty metres of any part of that group or block of premises, the Chief Executive Officer may cause that group or block of premises to be drained by a combined operation. (2) The expenses incurred in carrying out any work under sub -section ( 1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportions as the Chief Exe cutive Officer may determine and shall be recoverable from them as an arrears of tax under this Act. (3) Not less than fifteen days before any such work is commenced, the Chief Executive Officer shall give to each such owner (a) written notice of the natu re of the proposed work; and (b) an estimate of the expenses to be incurred in respect thereof and of the proportion of such expenses payable by him. (4) The Chief Executive Officer may require the owners of such groups or block or premises to maintain the work executed under this section. 216. Power to close or limit the use of private drains in certain cases .Where a drain connecting any premises with a cantonment drain is sufficient for the effectual drainage of such premises and is otherwise unobjectionable but is not in the opinion of the Chief Executive Officer, adapted to the general system of drainage in the cantonment, he may, by written notice addressed to the owner of the premises, direct (a) that such drain be c losed, discontinued or destroyed and that any work necessary for that purpose be done; or (b) that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only or for rain water and unpollute d sub -soil water only: Provide d that (i) no drain may be closed, discontinued or destroyed by the Chief Executive Officer under clause ( a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any cantonment drain which he thinks fit; and (ii) the expenses of the construction of any drain so provided by the Board and of any work done under clause ( a) may be paid out of the cantonment fund. 217. Use of drain by a person other than the owner .(1)Where the Chief Executive Officer either on receipt of an application from the owner of any premises or otherwise is of the opinion that the only, or the most convenient means of effectual drainage of the premises into a cantonment drain is through a drain belonging to another person, the Chief Executive Officer may by notice in writing require the owner of such a drain to show cause within a period specified in the notice as to why an order under this section should not be made. 72 (2) Where no cause is shown within the specified period or the cause shown appears to the Chief Executive Officer invalid or insufficient, the Chief Executive Officer may by order in writing either authorise the owner of the premises to use the drain or decl are him to be a joint owner thereof. (3) An order made under sub -section ( 2) may contain directions as to (a) the payment of rent or compensation by the owner of the premises; (b) the construction of a drain for the premises for the purpose of connectin g it with the aforesaid drain; (c) the entry upon the land in which the aforesaid drain is situate with assistants and workmen at all reasonable hours; (d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain. 218. Sewage and rain water drains to be distinct .Wherever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Chief Executive Officer to req uire that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub -soil water or both rain water and unpolluted sub-soil water, each emptying into separate cantonment drains or other suitable pl aces. 219. Power to require owner to carry out certain works for satisfactory drainage. For the purpose of efficient drainage of any premises, the Chief Executive Officer may, by notice in w riting, (a) require any courtyard, alley or passage between two o r more buildings to be paved by the owner or owners of such buildings with such materials and in such manner as may be approved by the Chief Executive Officer; and (b) require such paving to be kept in proper repair. 220. Appointment of places for the emptying of drains and collection of sewage .The Chief Executive Officer may cause any or all of the cantonment drains to empty into, and all sewage to be collected of at, such place or places as he considers suitable: Provided that no place which has not been before the commencement of this Act used for any of the purposes specified in this section shall, after such commencement be used there for without the approval of the Board: Provided further that on and after such date as may be appointed by the Central Government in this behalf no sewage shall be discharged into any water course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged. Miscellaneous 221. Connection with water work s and drains not to be made without permission .Without the written permission of the Chief Executive Officer, no person shall, for any purpose whatsoever, at any time make or cause to be made any connection or communicate with any drain referred to in sec tion 210 or any water works, constructed or maintained by, or vested in, the Board. 222. Buildings, railways and private streets not to be erected or constructed over drains or water works without permission. (1)(a) No railway works shall be constructed on any cantonment drain or any water works constructed or maintained by, or vested in the Board, without the approval of the Central Government. (b) If any railway works are constructed on any drains or water works as aforesaid without the written permissio n of the Central Government, the Chief Executive Officer may remove or otherwise deal with the same as he thinks fit. (2)(a) No private street shall be constructed and no building, wall, fence or other structure shall be erected on any cantonment drain or on any water works constructed or maintained by, or vested in, the Board without the approval of the Board. 73 (b) If any private street is constructed or any building, wall, fence or structure erected on any drain or water works as aforesaid without the wri tten permission of the Board, the Chief Executive Officer may remove or otherwise deal with the same as he may think fit. (3) The expenses incurred by the Chief Executive Officer in doing so shall be paid by the owner of the private street or of the buildi ng, fence wall or other structure or, as the case may be, by the railway administration or the person offending and shall be recoverable as an arrears of tax under this Act. 223. Rights of user of property for aqueducts, lines, etc .(1) The Chief Executiv e Officer may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or without the local limits of the cantonment without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes or drains, enter on any property over, under, along or across which the aqueducts, conduits or lines of mains or pip es, or drains have been placed: Provided that the Board shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed. (2) The power conferred under sub -section ( 1) shall not be exercisable in respect of any property vested in the Union or under the control or management of the Central Government or railway administration or vested in any local authority save with the permission of the Central Government or railway administrati on or the local authority, as the case may be, and in accordance with any bye -laws made in this behalf: Provided that the Chief Executive Officer may, without such permission, repair; renew, or amend any existing works of which the character or position i s not to be altered if such repair, renewal or amendment is urgently necessary in order to maintain without interruption the supply of water, drainage or collection of sewage or is such that delay would be dangerous to health, human life or property. (3) In exercise of the powers conferred upon him by this section, the Chief Executive Officer shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience caused by him. 224. Power of owner of premises to place pipes and drains through land belonging to other persons. (1) If it appears to the Chief Executive Officer that the only or most convenient means of water supply to, and drainage of, any premises is by placing or carrying any pipe or drains over, under, along or across the immovable property of another person, the Chief Executive Officer may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable propert y: Provided that before making any such order the Chief Executive Officer shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried. (2) Upon the making of an order, under sub -section ( 1), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property or for the purpose of repairing the same. (3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall (a) cause the pipe or drain to be placed or carried with the least practicable delay; (b) fill in, re -instate and make good at his own cost and with the least practicable delay, any land opened, broken up or removed for the purpose of placi ng or carrying such pipe or drain; and (c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe or drain. 74 (4) If the owner of the immovable property, over, und er, along or across which a pipe or drain has been placed or carried under this section whilst such immovable property was not built upon, desires to erect any building on such property, the Chief Executive Officer, shall, by notice in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in, re -instate and make good the immovable property as if the pipe or drain had not been placed or carried over, under, along or acro ss the same: Provided that no such requisition shall be made unless in the opinion of the Chief Executive Officer it is necessary or expedient for the construction of proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted. 225. Power to require railway level, etc., to be raised or lowered .If the Board places or carries any pipe or drain or does any other work connected with the water supply or drainage across any railway line, it may, with the sanction of the Central Government and at the cost of the cantonment fund, require the railway administration to raise or lower the level thereof. 226. Power to execute work after giving notice to the person liable .(1) When under the provisions of this Chapter, any person may be required or is liable to execute any work, the Chief Executive Officer may, in accordance with the provisions of this Act and of any bye -laws made in this behalf, cause such work to be executed after giving such person an opportunity of e xecuting the same within such time as may be specified by him for this purpose. (2) The expenses incurred

ecuting the same within such time as may be specified by him for this purpose. (2) The expenses incurred or likely to be incurred by the Chief Executive Officer in the execution of any such work shall be payable by the said person and the expenses incurr ed by the Chief Executive Officer in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities and conveniences. (3) The exp enses referred to in sub -section ( 2) shall be recoverable from the person or persons liable there for as an arrears of tax under this Act. 227. Power to affix shafts, etc., for ventilation of drain or cesspool .For the purpose of ventilating any drain or cesspool, whether vested in the Board or not, the Chief Executive Officer may, in accordance with bye -laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary. 228. Power to examine and test drains, etc., believed to be defective .(1) Where it appears to the Chief Executive Officer that there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudici al to health or a nuisance or that a private drain communicating directly or indirectly with a cantonment drain is so defective as to admit sub soil water, he may examine its condition, and for that purpose may apply any test, other than a test by water under pressure, and if he deems it necessary, open the ground. (2) If on examination the drain or cesspool is found to be in proper condition, the Chief Executive Officer shall, as soon as possible, re -instate any ground which has been opened by him and mak e good any damage done by him. 229. Bulk delivery of sewage by the Board. (1) The Board shall deliver in bulk all the sewage to, the authority prescribed by the Central Government or the State Government, subject to such charges for the delivery of sewage of the area of cantonment as may be determined by means of an agreement entered into between that other authority and the Board. (2) The agreement mentioned in sub -section ( 1) shall provide also for a stipulation therein that in case of any dispute about the payments to be made to that other authority by the Board, the matter shall be referred to the Central Government whose decision thereon shall be final and binding on both parties. 230. Employment of Government agencies for repair, etc .The Central Gov ernment may, for reason to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the Board under this Chapter, shall be carried out on behalf of the Board by the Central Government and the Board sha ll pay the charges there for at the rates and subject to the terms for 75 the time being applicable in the case of works constructed by that Government on behalf of a local authority. 231. Works to be done by licensed plumber. (1) No person other than a lice nsed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the Chief Executive Officer, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed lumber. (2) Every person who employs a licensed plumber to execute any work shall, when so required, furnish to the Chief Executive Officer the name of such plumber. (3) When any work is executed except in accordance with the provisions of sub -section ( 1), such work shall be liable to be dismantled at the discretion of the Chief Executive Officer without prejudice to the right of the Board to prosecute under this Act the person at whose instan ce such work has been executed. (4) The Board may make bye -laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every licence granted to a plumber by the Board. (5) The Board may, from time to time, prescribe the charges to be paid to licensed plumber for any work done by them under or for any of the purposes of this Chapter. (6) No licensed plumber shall, for any work referred to in sub -section ( 5), demand or receive more than the charges prescribed there for, under that sub-section. (7) The Board shall make bye -laws prov iding for (a) the exercise of adequate control on all licensed plumbers; (b) the inspection of all works carried out by them; and (c) the hearing and disposal of complaints made by the owners or occupiers of premises with regard to the quality of work done, material used, delay in execution of work, and the charges made, by a licensed plumber. (8) No licensed plumber shall contravene any of the bye -laws made under this section or execute carelessly or negligently any work under this Act or make use of bad mat erials, appliances or fittings. (9) If any licensed plumber contravenes sub -section (8), his licence may be suspended or cancelled whether he is prosecuted under this Act or not. 232. Prohibition of certain acts. (1) No person shall (a) wilfully obstruct any person acting under the authority of the Board, or the Chief Executive Officer, in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out lines of such work, or deface or destroy any works made for the same purpose; or (b) wilfully or negligently b reak, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Board; or (c) unlawfully obstruct the flow of or flush, draw off, or divert, or take water from any wat er work belonging to the Board; or (d) unlawfully obstruct the flow of or flush, draw off, or divert, or take sewage from any sewage work belonging to the Board or break or damage any electrical transmission line maintained by the Board; or (e) obstruct any officer or other employee of the Board in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water or sewage work; or (f) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather 76 or the skin of any animal, or cause the water of any sink, or drain or any steam -engine or boiler or any polluted water to turn or be brought into any water work, or do any other act whereby the water in any water work is fouled or likely to be fouled. (2) Nothing in clause ( b) of sub-section ( 1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be af fected thereby. CHAPTER X TOWN PLANNING AND CONTROL OVER BUILDINGS, ETC. 233. Preparation of land use plan .(1) On the commencement of this Act, the Chief Executive Officer shall with the approval of the Board, cause to be prepared a spatial plan for land use to be followed in the cantonment which s hall include (a) earmarking of zones for residential, institutional, commercial and other activities; and (b) improvement schemes for areas considered sub -standard on account of narrowness of streets, poor lighting, poor ventilation or irregular line of b uildings in a street. (2) The Board shall give publicity to the land use plan prepared under sub -section ( 1), by publishing a gist of the plan in a local newspaper. 234. Sanction for building. No person shall erect or re -erect a building on any land in a cantonment (a) in an area, other than the civil area, except with the previous sanction of the Board; (b) in a civil area, except with the previous sanction of the Chief Executive Officer, nor otherwise than in accordance with the provisions of this C hapter and of the rules and bye -laws made under this Act relating to the erection and re -erection of buildings: Provided that if an erected or re -erected building is meant for public purposes, then it shall be made accessible to and barrier free for the pe rsons with disabilities. 235. Notice of new buildings. (1) Whoever intends to erect or re -erect any building in a cantonment shall apply for sanction by giving not ice in writing of his intention (a) where such erection or re erection is in an area, other than the civil area, to the Board; (b) where such erection or re -erection is in a civil area, to the Chief Executive Officer. (2) For the purposes of this Act, a person shall be deemed to erect or re -erect a building who (a) makes any material alteration or enlargement of any building; or (b) converts into a place for human habitation any building not originally constructed for human habitation; (c) converts into more than one place for human habitation a building originally constructed as one such plac e; or (d) converts two or more places of human habitation into a greater number of such places; or (e) converts into a stable, cattle -shed or cow -house any building originally constructed for human habitation; or (f) converts into a dispensary, stall, shops, warehouse, godown, factory or garage any building originally constructed for human habitation; or (g) makes any alteration which there is reason to believe is lik ely to affect prejudicially the stability or safety of any building or the condition of any building in respect of drainage, sanitation or hygiene; or 77 (h) makes any alteration to any building which increases or diminishes the height of, or area covered by, or the cubic capacity of, the building, or which reduces the cubi c capacity of any room in the building below the minimum prescribed by any bye -law made under this Act. 236. Conditions of valid notice. (1) A person giving the notice required by section 235 shall specify the purpose for which it is intended to use the bu ilding to which such notice relates. (2) No notice shall be valid until the information required under the sub -section ( 1) and any further information and plans and undertakings which may be required under bye -laws made under this Act have been furnished to the satisfaction of the Chief Executive Officer, along with the notice. 237. Powers of Board under certain sections exercisable by Chief Executive Officer. The powers, duties and functions of the Board under section 238, sub -section (1) of section 241 section 243, section 245 and section 248 excluding the provisions to sub -section ( 1) and the proviso to sub-section (2) of the said section 248 shall be exercised or discharged in a civil area by the Chief Executive Officer. 238. Po wer of Board to sanction or refuse. (1) The Board may either refuse to sanction the erection or re -erection, as the case may be, of the building, or may sanction it either absolutely or subject to such directions as it thinks fit to make in writing in resp ect of all or any of the following matters, namely: (a) the free passage or way to be left in front of the building; (b) the space to be left about the building to secure free circulation of air and facilitate scavenging and the prevention of fire; (c) the ventilation of the building, the minimum cubic area of the rooms and the number of height of the storeys of which the building may consist; (d) the provis ion and position of drains, latrines, urinals, cesspools or other receptacles for filth; (e) the level and width of the foundation, the le vel of the lowest floor and the stability of the structure; (f) the line of frontage with neighbouring buildings if the building abuts on a street; (g) the means to be provided for egress from the building in cas e of fire; (h) the materials and method of construction to be used for external and party walls for rooms, floors, fire -places and chimneys; (i) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking ope rations are to be carried on; and (j) any other matter affecting the ventilation and sanitation of the buildings, and the person erecting or re -erecting the building shall obey all such written directions in every particular. (2) The Board may refuse to s anction the erection or re -erection of any building o n any grounds sufficient in the opinion of the Board affecting the particula r building: Provided that the Board shall refuse to accord sanction the erection or re -erection of any building if such erectio n or re -erection is not in conformity with any general scheme sanctioned under section 240. (3) The Board, before sanctioning the erection or re -erection of a building on land which is under the management of the Defence Estates Officer, shall refer the a pplication to the Defence Estates Officer for ascertaining whether there is any objection on the part of the Government to such erection or re -erection; and the Defence Estates Officer shall return the application together with his report thereon to the Board within thirty days after it has been received by him. (4) The Board may refuse to sanction the erection or re-erection of any building (a) when the land on which it is proposed to erect or re -erect the building is held on a le ase from the Government, if the erection or re -erection constitutes a breach of the terms of the lease; or 78 (b) when the land on which it is proposed to erect or re -erect the building is entrusted to the management of the Board by the Government if the erec tion or re -erection constitutes a breach of the terms of the entrustment of management or contravenes any of the instru ctions issued by the Government regarding the management of the land by the Board; or (c) when the land on which it is proposed to erect or re -erect the building is not held on a lease from the Government, if the right to build on such land is in dispute between the person applying for sanction and the Government. (5) If the Board decides to refuse to sanction the erection

between the person applying for sanction and the Government. (5) If the Board decides to refuse to sanction the erection or re -erection o f the building, it shall communicate in writing the reasons for such refusal to the person by whom notice was given. (6) Where the Board neglects or omits, for one month after the receipt of a valid notice, to make and to deliver to the person who has giv en the notice any order of any nature specified in this section, and such person thereafter by a written communication sent by registered post to the Board calls the attention of the Board to the neglect or omission, then, if such neglect or omission conti nues for a further period of fifteen days from the date of such communication the Board shall be deemed to have given sanction to the erection or r e-erection, as the case may be: Provided that, in any case to which the provisions of sub -section (3) apply, the period of one month herein specified shall be reckoned from the date on which the Board has received the report referred to in that sub -section. 239. Order of stoppage of building or works in certain cases and disposal of things removed . (1) Where the erection of any building or execution of any work has been commenced or is being carried on without or contrary to the sanction, but has not been completed, referred to in section 238 or in contravention of any condition subject to which such s anction has been accorded or in contravention of any provision of this Act or bye -laws made thereunder, the Chief Executive Officer may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith. (2) If an order made by the Chief Executive Officer under sub -section ( 1) directing any per son to stop the erection of any building or execution of any work is not complied with, the Chief Executive Officer may require any police officer to remove such person and all his assistants and workmen from the premises or to seize any construction material, tool, machinery, scaffolding or other things used in the erection of any building o r execution of any work within such time as may be specified in the requisition and such police officer shall comply with the requisition a ccordingly. (3) Any of the things caused or to be seized by the Chief Executive Officer under sub -section ( 2) shall be disposed of by him in a manner specifi ed in sub -sections ( 6) and ( 7). (4) After the requisition under sub -section ( 2) has been complied with the Chief Executive Officer may, if he thinks fit, depute by a written order a police officer or an officer or a n emp loyee of the Board to watch the premises in order to ensure that the erection of the building or the execution of work is not continued. (5) Where a police officer or an officer or an employee of the Board has been deputed under sub-section ( 4) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub -section ( 1) was given and shall be recoverable from such person as an arrear of tax under this Act. (6) Any of the things caused to be removed by the Chief Executive Officer under this section shall unless the owner thereof turns up to take back such things and pays to the Chief Executive Officer charges for removal and storage of such things be disposed of by the Chief Executive Officer by a public auction or in such other manner as he thinks fit: Provided that such things shall only be disposed of by the Chief Executive Officer on the exp iry of fifteen days in case of non perishable things and twenty -four hours in case of perishable things from the date and time of seizure. (7) The charges for removal and storage and sale of things sold under sub -section ( 6) shall be paid out of the proce eds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on 79 a claim being made therefor within a period of one year from the date of sale and if no such claim is made within the said period, shall be credited to the ca ntonment fund. 240. Power to sanction general scheme for prevention of overcrow ding, etc. The General Officer Commanding -in-Chief the Command in Consultation with the Principal Director may sanction a general scheme of erection or re -erection of buildings within such limits as may be specified in the sanction for the prevention of overcrowding or for purpose of sanitation, or in the interest o f persons residing within those limits or for any other purpose, and may, in pursuance of such scheme, impose restri ctions on the erection or re-erection of buildings within those limits: Provided that no such scheme shall be sanctioned by the General Officer Commanding -in-Chief, the Command unless an opportunity has been given by a public notice to be published locally by the Chief Executive Officer requiring persons affected or likely to be affected by the proposed scheme, to file their objections or suggestions in the manner specified in the notice, within a period of thirty days of the publication of such notice, and the Chief Executive Officer shall after considering such objections and suggestions, if any, forward the same along with his recommendations to the Principal Director. 241. Compensation .(1) No compensation shall be claimable by any person for any damage or loss which he may sustain in consequence of the refusal of the Board of sanction to the erection of any building or in respect of any direction issued by it under sub -section ( 1) of section 238. (2) The Board shall make compensation to the owner of any building for any actual damage or loss sustained by him inconsequence of the prohibition of the re -erection of any building or of its requiring any land belonging to him to be added to the street: Provided that the Board shall not be liable to make any co mpensation in respect of the prohibition of the re -erection of any building which for a period of three years or more immediately preceding such refusal has not been in existence or has been unfit for human habitation. 242. Completion notice .Every person to whom sanction for the erection or re -erection of any building in any area in a cantonment has been given under section 237 or section 238 by the Chief Executive Officer or, as the case may be, by the Board shall, within thirty days after completion of the erection or re -erection of the building give a notice of completion in writing to the Chief Executive Officer or the Board, as the case may be, and the Chief Executive Officer or the Board shall on receipt of such notice cause the building to be inspec ted in order to ensure that the building has been completed in accordance with the sanction given by the Chief Executive Officer or the Board, as the case may be. 243. Lapse of sanction .Every sanction for the erection or re -erection of a building given o r deemed to have been given as herein before provided shall be available for two years from the date on which it is given, and, if the building so sanctioned is not begun by the person who ha s obtained the sanction or some one lawfully claiming under him wi thin that period, it shall not thereafter be begun unless the Chief Executive Officer, on application made there for has allowed an extension of that period. 244. Restrictions on use of buildings. (1) No person shall, without the written permission of the Board or otherwise than in conformity with the condition s, if any, of such permission, (a) use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and the bye-laws made thereunder; (b) change or allow the change of the use of any l and or building; (c) convert or allow the conversion of one kind of tenement into another kind. (2) Any person who contravenes the provisions of sub -section ( 1) shall on conviction be punishable with a fi ne which may extend to one lakh rupees and in the case of continuing contravention with an additional fine of ru pees ten thousand for every day during which the contravention continue s after the date it comes to the notice. 245. Period for completion of building .A Board, when sanctioning the erection or re -erection of a building as hereinbefore provided, shall specify a reasonable period after the work has commenced within 80 which the erection or re -erection is to be completed, and, if the erection or re -erection is not completed within the period so fixed, it shall not be continued thereafter without fresh sancti on obtained in the manner hereinbefore provided, unless the Board on application made therefor has allowed an extension of that period: Provided that not more than two such extensions, each for not more than one year, shall be allowed in any case. 246. Co mpletion certificate .The Chief Executive Officer shall on receipt of the notice under section 242 of this Act cause the building to be inspected either by himself or by the officer authorised by him in his behalf in order to ensure that the building has been completed in accordance with the sanction given and issue completion certificate provided that the person seeking the completion certificate shall assist the Chief Executive Officer in inspection of such building: Provided that the building shall not be occupied for habitation unless a certificate is issued by the Chief Executive Offi cer or an officer authorised by him in this behalf: Provided further that if the Chief Executive Officer fails within a period of thirty days after the receipt of the not ice of completion, to communicate his refusal to issue such certificate, such certificate shall be deemed to have been granted. 247. Illegal erection and re -erection .Whoever begins, continues or completes the erectio n or re-erection of a build ing (a) without having given a valid notice as required by sections 235 and 236, or before the building has been sanctioned or is deemed to have been sanctioned; or (b) without complying with any direction made under sub -section ( 1) of section 238; or (c) when sanction has been refused, or has ceased to be available or has been suspended by the General Officer Commanding -in-Chief, the Command, under clause ( b) of sub -section ( 1) of section 58, shall be punishable with fine which may extend to fifty thousand rupees and the cost of sealing the illegal construction and its demolition. 248. Power to stop erection or re -erection or to demolish .(1) A Board may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the Board considers that such erection or re -erection is an offence under section 247 and may, in any such case or in any other case in which the Board considers that the erection or re-erection of a building is an offence under section 247, within twelve months of the completion of such erection or re -erection in like manner, direct the alteration or demolition, as it thinks necessary, of the building, or any part t hereof, so erected or re -erected: Provided that the Board may, instead of requiring the alter ation or demolition of any such building or part thereof, accept by way of composition su ch sum as it thinks reasonable: Provided further that the Board shall not, without the previous concurrence of the General Officer Commanding -in-Chief, the Command, accept any sum by way of composition under the foregoing proviso in respect of any building on land which is not und er the management of the Board. (2) A Board shall by notice in writing direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re -erection of a building in any case in which the order under section 238 sanctioning the erection or re -erection has been susp ended by the General Officer Commanding -in-Chief, the Command, under clause ( b) of sub -section ( 1) of section 58, and shall in any such case in like manner direct the demolition or alteratio n, as the case may be, of the building or any part thereof so erected or re -erected where the General Officer Commanding -in-Chief, the Command, thereafter directs that the order of the Board sanctioning the erection or re -erection of th e building shall not be carried into effect or shall be carried into effect with modifications specified by him: Provided that the Board shall pay to the owner of the building compensation for any loss actually incurred by him in consequence of the demolition or alteration o f any building which has been erected or 81 re-erected prior to the date on which the order of the General Officer Commanding -in-Chief, the Command, has been communicated to him. 249. Power to se al unauthorised constructions .(1) It shall be lawful for the Chief Executive Officer, at any time, before or after making an order of demolition under section 248 or of the stoppage of erection of any building, or execution of any work, to make an order directing the sealing of such erection or work or of the premis es in which such erection or work is being carried on or has been completed at the cost of the offender in such manner as may be prescribed by rules for the purpose of carrying out the provisions of this Act or for preventing any dispute as to the nature a nd extent of such erection or work. (2) Where any erection or work or any premises in which any erection or work is being carried on, has or, has been sealed, the Chief Executive Officer may, for the purpose of demolishing such erection or work in accorda nce with the provisions of this Act, order such seal to be removed. (3) No person shall remove such seal except (a) under an order made by the Chief Executive Officer under sub -section ( 2); or (b) under an order of an appellate authority in an appeal made under this Act. (4) Any person who contravenes the provisions contained in sub -section ( 3) shall be punishable with imprisonment which may extend to six months or with fine which may extend to twenty thousand rupees, or with both. 250. Courts not to entertain proceedings in certain cases .(1) After the commencement of this Act, no court shall entertain any suit, application or other proceedings in respect of any order or notice unless an appeal under section 340 is preferred and the same is disposed of by the appellate authority under sub -section (3) of section 343 of this Act. (2) Notwithstanding anything contained in sub -section (1), every suit, application or other proceedings pending in any court immediately before the commencement of this Act shall continue to be dealt with and disposed of by that court as if the said section has not been brought into

ement of this Act shall continue to be dealt with and disposed of by that court as if the said section has not been brought into force. 251. Power to make bye -laws .A Board may make bye -laws prescribing (a) the manner in which notice of the intention to erect or re-erect a building in the cantonment shall be given to the Board or, as the case may be, the Chief Executive Officer and the information and plans to be furnished with the notice; (b) the manner in which and the form in which a notice of completion of er ection or re -erection of any building in the cantonment shall be given to the Board or, as the case may be, the Chief Executive Officer and the information and plans to be furnished with the notice; (c) the type or description of buildings which may or ma y not, and the purpose for which a building may or may not, be erected or re -erected in the cantonment or any part thereof; (d) the minimum cubic capacity of any room or rooms in a building which is to be erected or re-erected; (e) the fees payable on provision by the Board of plans or specifications of the type of buildings which may be erected in the cantonment or any part thereof; (f) the circumstances in which mosque, temple or church or other sacred building may be erected or re-erected; and (g) with reference to the erection or re -erection of buildings, or of any class of buildings, or any of the following matters, namely: (i) the line of frontage where the building abuts on a street; (ii) the space to be left about the building to secure free circulation of air and facilities for scavenging and for the prevention of fire; (iii) the materials and method of construction to be used for external and party walls, roofs and floors; 82 (iv) the position, the materials and the method of constr uction of stair -cases, fire places, chimneys, drains, latrines, privies, urinals and cess -pools; (v) height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on; (vi) the level and width of the foundation, the level of the lowest floor, the stability of the structure and the protection of building from dampness arising from sub -soil; (vii) the number an d height of the storeys of which the building may consist; (viii) the means to be provided for egress from the building in case of fire; (ix) the safeguarding of wells from pollution; or (x) the materials and method of construction to be used for godowns intended for the storage of food grains in excess of eighteen quintals in order t o render them rat proof. 252. Prohibition of structures or fixtures which cause obstruction in streets .(1) No person shall, except with the permission of the Chief Executive Officer, erect or set up any wall, fence, nail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street so as to form an obstruction to , or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank. (2) The Chief Executive Officer may, by notice in writing, require the owner or occupier of any such building to alter or remove any such projection or encroachment as aforesaid: Provided that, in the case of any projection or encroachment lawfully in existence at the commencement of this Act, the Chief Executive Officer shall make compensation for any damage caused by the removal or alteration. (3) The Chief Executive Officer may, by order in writing, give permission to the owners or occupi ers of buildings in any particular street to put up open verandahs, balconies or rooms projecting from any upper storey thereof to an extent b eyond the line of the plinth or basement wall at such height from the level ground or street as may be specified i n the order. 253. Unauthorised buildings over drains, etc. The Chief Executive Officer may, by notice in writing require any person who has, without his permission in writing, newly erected or re -erected any structure over any public sewer, drain, culvert, water -course or water -pipe in the cantonment to pull down or otherwise deal with the same as he thinks fit. 254. Dr ainage and sewer connections. (1) The Chief Executive Officer may, by notice in writing, require the owner or lessee of any buildin g or land in any street, at his own expense and in such manner as he thinks fit, to put up and keep in good condition, proper troughs and pipes for receiving a nd carrying rain water from the building or land and for discharging the same or to establish and maintain any other connection or communication between such buildings or land and a drain or sewer or a water harvesting structure or facility. (2) For the purpose of efficiently draining any building or land in the cantonment, the Chief Executive Officer may, by notice in writing, require the owner or lessee of the building or land (a) to pave, with such materials and in such manner as he thinks fit, any courtyard, alley or passage between two or more buildings; or (b) to keep any such paving in proper repair; or (c) to make such arrangements as may be specified by the Board under bye -laws to deliver rain water from roof top to the water harvesting facility created or arranged by the Board. 255. Power to attach brackets for lamps and other accessories .The Chief Executive Officer may attach to the out side of any building, or to any tree in the cantonment, brackets for lamps or any accessories for non -conventional sources of energy in such manner as not to occasion injury thereto or inconvenience . 83 256. Maintenance of r oads .(1) All roads in the civil area of a cantonment shall be maintained by the Board. (2) All roads outside the civil area as have been vested in the Board shall also be maintained by the Board. Streets 257. Temporary occupation of street, land, etc. (1) The Chief Executive Officer may, by order in writing, permit the temporary occupation of any street, or of any land vested in the Board, for the purpose of depositing any building materials or making any temporary excavation therein or erection thereon, subject to such conditions as the Board may prescribe for the safety or convenience of the public, and may charge a fee for such permission and may in his discretion withdraw such permission. (2) Where any article or thing is placed on any street or land under the management of the Board or the Defence Estates Officer so as to form an obstruction thereto or any encroachment thereon, the Chief Executive Officer or, as the case may be, the Defence Estates Officer, may cause such article o r thing to be removed and recover from the person who placed such article or thing the expenses incurred in that behalf in the same manner as moneys recoverable by the Board under section 324 and may also, if such person fails to offer satisfactory explana tion, order the confiscation of such article or thing. 258. Closing and opening of streets. (1) A Board may open any street for pu blic use. (2) A Board shall not permanently close any street without the prior permission of the General Officer Commanding in Chief, or the Principal Director: Provided that no such street shall be closed for reasons othe r than the security reasons and without giving a public notice inviting objections and sugge stions from the general public. (3) The Chief Executive Officer may, by public notice, temporarily close any street or any part of a street for repair or for the purpose of carrying out any work connected with drainage, water -supply or lighting or any other work which he is by or under this Act requ ired or permitted to car ry out: Provided th at where, owing to any works or repairs or from any other cause, the condition of any street or of any water -works, drain, culvert or premise vested in the Board, is such as to be likely to cause danger to the public, the Board shall (a) take all reasonable means for the protection of the adjacent buildings and land and provide reasonable means of access thereto; (b) cause sufficient barriers or fences to be erected for the security of life and property, and cause such barriers or fences to be sufficiently lighted from sunset to sunrise. 259. Names of streets and numbers of buildings .(1) A Board may determine the name or number by which any area, street or public place in the cantonment shall be known and may cause name or number t o be affixed on any building in the cantonment in such place as it thinks fit and may also cause a number to be affixed to any such building. (2) Whoever destroys, pulls down, defaces or alters any such name or number or puts up any name or number differin g from that put up by the order of the Board shal l be punishable with fine which may extend to one thousand rupees. (3) When a name or number has been affixed to any building under sub -section (1), the owner of the building shall maintain the name or numbe r in order, and shall replace it if removed or defaced, and if he fails to do so the Chief Executive Officer may b y notice in writing require him to replace it. 260. Group Housing Schemes .A Board, may in accordance with the bye -laws framed for the purpos e, allow the Group Housing Schemes for construction of houses. 261. Boundary walls, hedges and fences. (1) No boundary wall, hedge or fence of any material or description shall be erected in a cantonment without the permission in writing of the Chief Executive Officer . 84 (2) The Chief Exec utive Officer may, by notice in writing, require the owner or lessee of any land in the cantonmen t (a) to remove from the land any boundary wall, hedge or fence which is in his opinion unsuitable, unsightly or otherwis e objectionable; or (b) to construct on the land sufficient boundary walls, hedges or fences of such material, description or dimensions as may be specified in the notice; or (c) to maintain the boundary walls, hedges or fences of such lands in good order: Provided that in the case of any such boundary wall, hedge or fence which was erected with the consent or under the orders of the Chief Executive Officer or which was in existence at the commencement of this Act, the Board shall make compensation f or any damage caused by the removal thereof. (3) The Chief Executive Officer may, by notice in writing, require the owner, lessee or occupier of any such land to cut or trim any hedge on the land in such manner and within such time as may be specified in the notice. 262. Felling, lopping and trimming of trees .(1) Where, in the opinion of a Board, the felling of any tree of mature growth standing in a private enclosure in the cantonment is necessary for any reason, the Board may, by notice in writing, req uire the owner, lessee or occupier of the land to fell the tree within such time as may be specified in the notice. (2) A Board may (a) cause to be lopped or trimmed any tree standing on land in the cantonment which belongs to the Government; or (b) by public notice require all owners, lessees or occupiers of land in the cantonment, or by notice in writing require the owner, lessee or occupier of any such land, to lop or trim, in such manner as may be specified in the notice, all or any trees standing on such land or to remove any dead trees from such land. 263. Digging of public land. Whoever, without the permission in writing of the Chief Executive Officer, digs up the surface of any open space in the cantonment, which is not private property, shall be punishable with fine which may extend to two thousand five hundred rupees and in the case of a continuing offence, with an additional fine which may extend to five hundred rupees for every day after the first during which the offence continues. 264. Impro per use of land .(1) If, in the opinion of the Chief Executive Officer, the working of a quarry in the cantonment, or the removal of stone, earth or other material from the soil in any place in the cantonment, is dangerous to persons residing in or frequenting the neighbourhood or such quarry or place, or creates, or is likely to create, a nuisance, the Chief Executive Officer may, by notice in writing, prohibit the owner, lessee or occupier of such quarry or place or the person responsible for such working or removal, from continuing or permitting the working of such quarry or the moving of such material, or require him to take such steps in the matter as he may direct for the purpose of preventing danger or abating the nuisance arisin g or likely to arise therefrom. (2) If, in any case referred to in sub-section ( 1), the Chief Executive Officer is of opinion that such a course is necessary in order to prevent imminent danger, he may, by order in writing, require a proper hoarding or fence to be put up for the protection of passers -by. CHAPTER XI MARKETS, SLAUGHTER -HOUSES, TRADES AND OCCUPATIONS 265. Public markets and slaughter -houses .(1) A Board may provide and maintain, on the land under its control, public markets and public slaughter -houses, to such number as it thinks fit , together with stalls, shops, sheds, pens and other buildings or conveniences for the use of persons carrying on trade or business in or frequenting such markets or slaughter -houses, and may provide and maintain in 85 any such mar ket buildings, places, machines, weights, scales and measures for the weighment or measurement of goods sold therein. (2)When such market or slaughter -house is situated beyond cantonment limits, the Board shall have the same power for the inspection and p roper regulation of the same as if it were situated within those limits. (3) The Board may at any time, by public notice, close any public market or public slaughter -house or any part thereof. (4) Nothing in this section shall be deemed to authorise the es tablishme nt of a public market or public slaughter -house within the limits of any area administered by any local authority other than the Board, without the permission of such local authority or otherwise than on such conditions as such local authority may approve. 266. Use of public market. (1) No person shall, without the general or special permission in writing of the Chief Executive Officer, sell or expose for sale any animal or article in any public market. (2) Any person contravening the provisions of this section, and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Chief Executive Officer or any official of the Board authorised by him in

be summarily removed from the market by or under the orders of the Chief Executive Officer or any official of the Board authorised by him in this behalf. 267. Power to tra nsfer by public auction, etc .(1) The Board may transfer by public auction, for any period not exceeding five years at a time, the right to occupy or use any stall, shop, standing, shed or pen in a public market, or public slaughter -house or the right to expose goods for sale in a public market or the right to weigh or measure goods sold therein, or the right to slaughter animals in any public slaughter -house: Provided that where the Board is of opinion that such transfer of the aforesaid rights by public auction is not considered desirable or expedient, it may, with the previous sanction of the General Officer Commanding -in-Chief, the Command or in his ab sence, the Principal Director, (a) either levy such stallages, rents or fees as it thinks fit; or (b) farm t he stallages, rents and fees leviable under clause ( a) for any period not exceeding one year at a time: Provided further that the enjoyment of any such aforesaid right by any person for any length of time shall never be deemed to create or confer any tenancy right in such stall, shop, standing, shed, pen, public market or public slaughter -house. (2) The Board may transfer by public auction or otherwise any immovable property other than in a public market or a public slaughter house if such property is capable of being put to remunerative use for such period and on such terms and conditions as may be approved by the General Officer Commanding -in-Chief, the Command or in his absence, the Principal Director. 268. Stallages, rents, etc., to b e published .A copy of the table of stallages, rents and fees, if any, leviable in any public market or public slaughter -house, and of the bye -laws made under this Act for the purpose of regulating the use of such market or slaughter -house, printed in Engl ish language or in such other language or languages as the Board may direct, shall be affixed in some conspicuous place in the market or slaughter -house. 269. Private markets and slaughter -houses. (1) No place in a cantonment other than a public market sha ll be used as a market, and no place in a cantonment other than a public slaughter -house shall be used as a slaughter -house, unless such place has been licensed as a market or slaughter -house, as the case may be, by the Board: Provided that nothing in this sub-sections shall apply in the case of a slaughter -house established and maintained by the Central Government or the State Government, as the case may be. 86 (2) Nothing in s ub-section ( 1) shall be deemed (a) to restrict thes e slaughter of any animal in any place on the occasion of any festival or ceremony, subject to such conditions as to prior or subsequent notice as the Chief Executive Officer with the previous sanction of the District Magistrate may, by public or special notice, impose in this behalf; or (b) to prevent the Chief Executive Officer, with the sanction of the Board, from setting apart places for the slau ghter of animals in accordance with religious custom. (3) Whoever omits to comply with any condition imposed by the Chief Executive Officer under clause (a) of sub -section ( 2) shall be punishable with fine wh ich may extend to five thousand rupees and, in the case of continuing offence, with an additional fine wh ich may extend to one thousand rupees for every day after the first during which the offence is continued. 270. Conditions of grant of licence for private market or slaughter -house. (1) A Board may charge such fees as it thinks fit to impose for the grant of a licence to any person to open a private market or private slaughter -house in the cantonment, and may grant such licence subject to such conditions, consistent with this Act and any bye -laws made thereunder, as it thinks fit to impose. (2) The Board may refuse to grant any such licence without giving reasons for such refusal. 271. Penalty for keeping market or slaughter -house open without licence, etc. (1) Any person who keeps open for public use any market or slaughter -house in respect of which a licence is required by or under this Act, without obtaining licence therefor, or while the licence therefor is suspended, or after the same has been cancelled, shall be punishable with fine which may extend to five thousand rupees and, in the case of a con tinuing offence, with an additional fine which may extend to five hundred rupees for every day after the first during which the offence is continued. (2) When a licence to open a private market or private slaughter -house is granted or refused or is suspen ded or cancelled, the Board shall cause a notice of the grant, refusal, suspension or cancellation to be pasted in English or such language or languages as it thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates. 272. Penalty for using unlicensed market or slaughter -house .Whoever, knowing that any market or slaughter -house has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act, o r that the licence granted therefor is for the time being suspended or that it has been cancelled, sells or exposes for sale any article in such market, or slaughters any animal in such slaughter -house, shall be punishable with fine which may extend to fiv e thousand rupees and, in the case of a continuing offence, with an additional fine which may extend to five hundred rupees for every day a fter the first during which the offence is continued. 273. Prohibition and restriction of use of slaughter -house. (1) Where, in the opinion of the Chief Executive Officer, it is necessary on sanitary grounds so to do, he may, by public notice, prohibit for such period n ot exceeding one month, as may be specified in the notice, or for such further period not exceeding on e month, as he may specify by a like notice, the use of any private slaughter -house specified in the notice, or the slaughter therein of any animal of any description so specified. (2) A copy of every notice issued under sub -section ( 1) shall be conspicuo usly pasted in the slaughter -house to which it relates. 274. Power to inspect slaughter -houses .(1) Any official of a Board, authorised by order in writing in this behalf by the Chief Executive Officer or the Health Officer, may, if he has reason to believe that any animal has been, is being, or is about to be slaughtered in any place in contravention of the provisions of this Chapter, enter into and inspect any such place at any time, whether by day or by night. (2) Every such order shall specify th e place to be entered and the locality in which the same is situated and the period, which shall not exceed seven days for which the order is to remain in force. 87 275. Power to regulate certain activities .A Board may, by order, regulate all or any of t he following matters, namely : (a) the days on, and the hours during, which any private market or private slaughter -house may be kept open for use; (b) the regulation of the design, ventilation and drainage of such mark et or slaughter -houses, and the material to be used in the construction thereof; (c) the keeping of such markets and slaughter -houses and lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth and refuse therefrom, and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same; (d) the manner in which animals shall be stalled at a slaughter -house; (e) the manner in which animals may be slaughtered; (f) the disposal or destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption; (g) the destruction of carcasses which from disease or any other cause are found after slaughter to be unfit for human consumption; and (h) any other matter with respect to the regulation of such markets and slaughter -houses. Trade and occupations 276. Provision of washing places. (1) A Board may provide suitable places for the exercise by washermen of their calling, and may require paymen t of such fees for the use thereof as it thinks fit. (2) Where the Board has provided such places as aforesaid it may, by public notice, prohibit the washing of clothes by washermen at any other place in the cantonment: Provided that such prohibition shall not be deemed to apply to the washing by a washerman of his own clothes or of the clothe s of any other person who is an occupier of the place at which they are washed. (3) Whoever contravenes any prohibition contained in a notice is sued under sub -sectio n (2) shall be punishable with fine which may extend to five hundred rupees. 277. Licences required for carrying on of certain occupations. (1) No person of any of the following classes, namely: (a) butchers and vendors of poultry, game or fish; (b) persons keeping pigs for profit, and dealers in the flesh of pigs which have been slaughtered within or without cantonment; (c) persons keeping milch cattle or milch goats for profit; (d) persons keeping for profit any animals other than pigs, milch catt le or milch goats; (e) dairymen, buttermen and makers and vendors of ghee; (f) makers of bread, biscuits or cake and vendors of bread, biscuits or cake made within or without cantonment; (g) vendors of fruits or vegetables; (h) manufacturers of aerated or other potable waters or of ice or ice -cream, and vendors of the same; (i) vendors of any medicines, drugs or articles of food or drink for human consumption (other than the flesh of pigs, milk, butter, bread, bis cuits, cake, fruit, ve getables, aerated or other potable waters or ice or ice -cream) which are of a perishable nature; (j) vendors of spirituous liquor; (k) vendors of water to be used for drinking purposes; 88 (l) washermen; (m) dealers in hay, straw, wood, charcoal or other i nflammable material; (n) dealers in fire -works, keros ene oil, petroleum or any other inflammable oil or spirit; (o) tanners and dyers; (p) persons carrying on any trade or occupation from which offensive or unwholesome smells arise; (q) vendors of wheat, rice and other grain or of flour; (r) makers and vendors of sugar or sweetmeats; (s) barbers and keepers of shaving saloons; (t) any other person carrying on such other trade, calling or occupation as the Central Government may, by n otification in the Official Gazette, specify in this behalf, shall carry on his trade, calling or occupation in any par t of a cantonment unless he has applied for and obtained a licence in this behalf from the Board. (2) A licence granted under sub-section ( 1) shall be valid until the end of the year in which it is issued and the grant of such licence shall not be withheld by the Board unless it has reason to believe that the business which it is in tended to establish or maintain would be offensi ve or dangerous to the public or that the premises in which the business is intended to be established or maintained are unfit or unsuitable for the purpose. (3) Notwit hstanding anything contained in sub-section ( 1), (a) no person who was, at the commencement of this Act, carrying on his trade, calling or occupation in any part of a cantonment shall be bound to apply for a licenc e for carrying on such trade or occupation in that part until he has received from the Board not less than three month s notice in writing of his obligation to do so, and if the Board refuses to grant him a licence, it shall pay compensation for any loss incurred by reason of such refusal; (b) no person shall be required to take out a licence for the sale or storage of petro leum or for the sale or possession for sale of poisons or white arsenic in any case in which he is required to take out a licence for such sale, storage, or possession for sale by or under the Petroleum Act, 1934 (30 of 1934) or the Poisons Act, 1919 (12 of 1919). (4) The Board may charge for the grant of licences, under this section such reasonable fees, as it may fix keeping in view the fees levied in this regard in a municipality in the State wherein such cantonment is situated . 278. Power to stop use of premises used in contravention of licences .If the Chief Executive Officer is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, caf, restaurant, refreshment room or other place where public is admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, cinema hall, circus, dancing hall or similar other place of public resort, recreation or amusement is kept open without a license or otherwise than in conformity with the terms of a license granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary. 279. Conditions whi ch may be attached to licence s.A licence granted to any person under section 277 shall specify the part of the cantonment in which the licensee may carry on his trade, calling or occupation, and may regulate the hours and manner of transport within the cantonment of any specified articles intended for human consumption, and may contain any other conditions which the Board thinks fit to impose in accordance with bye -laws made under this Act. 89 General provision s 280. Power to vary licence. If the Board is satisfied that any place used under a licence granted under this Chapter is a nuisance or is likely to be dangerous to life, health or property, the Board may, by notice in writing, require the owner, lessee or occupier thereof to discontinue the use of s uch place or to effect such alternations, additions, or improvements as will, in the opinion of the Board

continue the use of s uch place or to effect such alternations, additions, or improvements as will, in the opinion of the Board, render it no longer a nuisance or dangerous. 281. Carrying on trade, etc., without licence or i n contravention of section 280. Whoever carries any trade, calling or occupation for which a licence is required without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled, and whoever, after receiving a notice under section 280, uses or allows to be used any building or place in contravention thereof, shall be punishable with fine which may extend to five thousand rupees and, in the case of a continuing offence, with an additional fine which may extend to five hundred rupees for every day after the first during which the offence is continued. 282. Feeding animals on dirt, etc. Whoever feeds or allows to be fed on filthy or deleterious substances any animal, which is kept for the purpose of supplying milk to, or which is intended to be used as food for , the inhabitants of a cantonment or allows it to graze in any place in which grazing has, for sanitary reasons, been prohibited by public notice by the Board shall be punishable with fine which may extend to one thousand rupees. Entry, inspection and seiz ure 283. Powers of entry and seizure. (1) The President or the Vice -President, the Chief Executive Officer, the Health Officer, the Assistant Health Officer, or any other official of a Board authorised b y it in writing in this behalf (a) may at any time enter into any market, building, shop, stall or other place in the cantonment for the purpose of inspecting, and may inspect, any animal, article or thing intended for human food or drink or for medicine, whether exposed or hawked about for sale or deposit ed in or brought to any place for the purpose of sale, or of preparation for sale, or any utensil or vessel for preparing, manufacturing or containing any such article, or thing, and may enter into and inspect any place used as a slaughter -house and may ex amine any animal or article therein; (b) may seize any such animal, article or thing which appears to him to be diseased, or unwholesome or unfit for human food or drink or medicine, as the case may be, or to be adulterated or to be not what it is represen ted to be, or any such utensil or vessel which is of such a kind or in such a state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human food, drink or medicine, as the case may be. (2) Any article seized unde r sub -section ( 1) which is of a perishable nature may, under the orders of the Health Officer or the Assistant Health Officer, forthwith be destroyed if, in his opinion, it is diseased, unwholesome or unfit for human food, drink or medicine, as the case ma y be. (3) Every animal, article, utensil, vessel or other thing seized under sub -section ( 1) shall, if it is not destroyed under sub -section ( 2), be taken before a Magistrate who shall give orders as to its disposal. (4) The owner or person in possession , at the time of seizure under sub -section ( 1), of any animal or carcass which is diseased or of any article or thing which is unwholesome or unfit for human food, drink or medicine, as the case may be, or is adulterated or is not what it is represented to be, or of any utensil or vessel which is of such kind or in such state as is described in clause ( b) of sub -section ( 1), shall be punishable with fine which may extend to five thousand rupees, and the animal, article, utensil, vessel or other thing shall be liable to be forfeited to the Board or to be destroyed or to be so disposed of as to prevent it being exposed for sale or used for the preparation of food, drink or medicine, as the case may be. 90 Explanation I .If any such article, having been exposed or stored in, or brought to, any place mentioned in sub -section ( 1) for sale as ghee, contains any substance not exclusively derived from milk, it shall be deemed, for the purposes of this section, to be an article which is not what it is represented to be . Explanation II .Meat subjected to the process of blowing shall be deemed to be unfit for human food. Explanation III. The article of food or drink shall not be deemed to be other than what it is represented to be merely by reason of the fact that there has been added to it some substance not injurious to health: Provided that (a) such substance has been added to the article because the same is required for the preparation or production thereof as an article of commerce in a state fit for carriage or co nsumption and not fraudulently to increase the bulk, weight or measure of the food or drink or conceal the inferior quality thereof; or (b) in the process of production, preparation or conveyance of such article of food or drink, the extraneous substance has unavoidably become intermixed therewith; or (c) the owner or person in possession of the article has given sufficient notice by means of a label distinctly and legibly written or printed thereon or therewith, or by other means of a public description, that such substance has been added; or (d) such owner or person has purchased the article with a written warranty that it was of a certain nature, substance and quality and had no reason to believe that it was not of such nature, substance and quality, and has exposed it or hawked it about or brought it for sale in the same state and by the same description as that in and by which he purchased it. Import of cattle and flesh 284. Import of cattle and flesh .(1) No person sh all, without the permission in writing of the Chief Executive Officer, bring into a cantonment any animal intended for human consumption, or the flesh of any animal slaughtered outside the cantonment otherwise than in a slaughter -house maintained by the Central Government or the State Government or the Board: Provided that the Chief Executive Officer shall not grant such permission unless he has considered the recommendation of the Health Officer made this behalf. (2) Any animal or flesh brought into a cantonment in contravention of sub -section ( 1) may be seized by the Chief Executive Officer or by any official of the Board and sold or otherwise disposed of as the President of the Board may direct, and, if it is sold, the sale proceeds may be credited to the cantonment fund. (3) Whoever contravenes the provisions of sub -section ( 1) shall be punishable with fine which may extend to two thousand five hundred rupees. (4) Nothing in this section shall be deemed to apply to cured or preserved meat or to animal s driven or meat carried through a cantonment for consumption outside thereof, or to meat brought into a cantonment by any person for his immediate domestic consumption: Provided that the Board may, by public notice, direct that the provisions of this sect ion shall apply to cured or preserved meat of any specified description or brought from any specified place. CHAPTER XII SPIRITUOUS LIQUORS AND INTOXICATING DRUGS 285. Unauthorised sale of spirituous liquor or intoxicating drug .If within a cantonment, or within such limit sad joining a cantonment as the Central Government may, by notification in the Official Gazette, define, any person not subject to Army, Navy or Air Force law, or any person subject to Army, Navy or Air Force law, otherwise than as a mili tary officer or a soldier knowingly barters, sells or 91 supplies, or offers or attempts to barter, sell or supply, any spirituous liquor or intoxicating drug to or for the use of any soldier or soldier's wife or minor child without the written permission of the Officer Commanding the station, or of some person authorised by the Officer Commanding the station, to grant such permission, he shall be punishable with fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to six months, or with both. 286. Unauthorised possession of spirituous liquor. If within a cantonment, or within any limits defined under section 285 (a) any person subject to, Army, Navy or Air Force law, otherwise than as a military officer or a soldier; or (b) the wife or servant of a ny such person or of a soldier, has in his or her possession, except on behalf of the Central Government or for the private use of a military officer, more than one quart of any spirituous liquor, other than fermented malt-liquor, without the written permission of the Officer Commanding the station or of some person authorised by the Officer Commanding the station, to grant such permission, he or she shall be punishable, in the case of a first offence, with fine which m ay extend to two thousand five hundred rupees, and, in the case of a subsequent offence, with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees. 287. Arrest of persons and seizure and confisca tion of things for offences against t he two last foregoing sections. (1) Any police officer or excise officer may, without an order from a Judicial Magistrate, and without a warrant, arrest any person whom he finds committing an offence under section 285 or section 286, and may seize and detain any spirituous liquor or intoxicating drug in respect of which such an offence has been committed and any vessels or coverings in which the liquor or drug is contained. (2) Where a person accused of an offence under section 285 has been previously convicted of an offence under that section, an officer in charge of a police station may, with the written permission of a Judicial Magistrate, seize and detain any spirituous liquor or intoxicating drug within the cantonment or within any limits defined under that section which, at the time of the alleged, commission of the subsequent offence, belonged to, or was in t he possession of, such person. (3) The court convicting a person of an offence under sect ion 285 or section 286 may order the confiscation of the whole or any part of anything seized under sub -section ( 1) or sub -section ( 2). (4) Subject to the provisions of Chapter XXXIV of the C ode of Criminal Procedure, 1973 (2 of 1974) anything, seized unde r sub -section ( 1) or sub -section ( 2) and not confiscated under sub -section ( 3) shall be restored to the person from whom it was taken. 288. Saving of articles sold or supplied for medicinal purposes. The foregoing provisions of this Chapter shall not apply to the sale or supply of any article in good faith for medicinal purposes by a medical practitioner, chemist or druggist authorised in this behalf by a general or special order of the Officer Commanding the station. CHAPTER XIII PUBLIC SAFETY AND SUPPRESSION OF NUISANCES General Nuisances 289. P enalty for causing nuisances .(1) Whoever (a) in any street or other public pl ace within a cantonment, (i) is drunk and disorderly or drunk and incapable of taking care of himself; or (ii) uses any threatening, abusive or insulting words, or behaves in a threatening or insulting manner with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be occasioned; or (iii) eases himself, or wil fully or indecently exposes h is person; or 92 (iv) loiters, or b egs importunately, for alms; or (v) exposes or exhibits, with the object of exciting charity, any deformity or disease or any offensive sore or wound; or (vi) carries meat exposed to public view; or (vii) is found gaming; or (viii) pickets an imals, or collects vehicles; or (ix) being engaged in the removal of night -soil or other offensive matter or rubbish, willfully or negligently permits any portion thereof to spill or fall, or neglects to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or (x) without proper authority affixes upon any building, monument, post, wall, fence, tree or other thing, any bil l, notice or other document; or (xi) without prop er authority defaces or writes upon or otherwise marks any building, monument, post, wall, fence, tree or other thing; or (xii) without proper authority removes, destroys, defaces or otherwise obliterates any notice or other document put up or exhibited un der this Act; or (xiii) without proper authority displaces, damages, or makes any alteration in, or otherwise interferes with the pavement, gutter, storm water -drain, flags or other materials of any such street, or any lamp, bracket, direction -post, hydra nt or water -pipe maintained by the Board in any such street or public place, or extinguishes a public light; or (xiv) carries any corpse not decently covered or without taking due precautions to prevent risk of infection or injury to the public health or a nnoyance to passers -by or to persons dwelling in the neighbourhood; or (xv) carries night -soil or other offensive matter or rubbish at any hour prohibited by the Chief Executive Officer by public notice, or in any pattern of vehicle or receptacle which has not been approved for the purpose by the Chief Executive Officer, or fails to close such vehicle or receptacle when in use; or (b) carries night -soil or other offensive matter or rubbish along any route in contravention of any prohibition made in this beh alf by the Chief Executi ve Officer by public notice; or (c) deposits, or causes or permits to be deposited, earth or materials of any description, or any offensive matter or rubbish, in any place not intended for the purpose in any street or other public place or waste or unoccupied land under the management of the Board; or (d) having charge of a corpse fails to bury, burn or otherwise lawfully dispose of the same within twenty-four hours after death; or (e) makes any grave or buries or burns any corpse i n any place not set apart for such purpose; or (f) keeps or uses, or knowingly permits to be kept or used, any place as a common gaming house, or assists in conducting th e business of any common gaming house; or (g) at any time or place at which the same h as been prohibited

conducting th e business of any common gaming house; or (g) at any time or place at which the same h as been prohibited by the Chief Executive Officer public or special notice, beats a drum or tom -tom, or blows a horn or trumpet, or beats any utensil, or sounds any brass or other ins trument, or plays any music; or (h) disturbs the public peace or order by singing, screaming or shouting or by using megaphone or loud -speaker; or (i) lets loose any animal so as to cause, or negligently allows any animal to cause, injury, danger, alarm or annoyance to any person; or 93 (j) being the occupier of any building or land in or upon which an animal dies, neglects within three hours of the death of the animal, or, if the death occurs at night, within three hours after sunrise, either (i) to report the occurrence to the Chief Executive Officer or to an officer, if any, appointed by him in this behalf with a view to securing the removal and disposal of the carcass by the public conservancy establishment; or (ii) to remove and dispose of the carcass in accordance with any general directions given by the Board by public n otice or any special direction given by the Chief Executive Officer on receipt of such report as aforesaid; or (k) save with the written permission of the Chief Executive Officer and in such manner as he may authorise, stores or uses night -soil, manure, ru bbish or any other substance emitting an offensive smell; or (l) uses or permits to be used as a latrine any place not intended for the purpose ; or (m) uses or permits to be used without previous permission of the Chief Executive Officer any premises for any trade invo lving offensive smell or smoke, shall be punishable with fine which may extend to two thousand five hundred rupees. (2) Whoever does not take reasonable means to prevent any child under the age of twelve years being in his charge from easing himself in any street or other public place within the cantonment shall be punishable with fine which may extend to two hundred -fifty rupees. (3) The owner or keeper of any animal found picketed or staying without a keeper in a street or other public place in a cantonment shall be punishable with fine which may extend to one thousand rupees. (4) Any animal found picketed or straying as aforesaid may be removed by any officer or employee of the Board to a pound. (5) Whoever in a c antonment manufactures, supplies, carries or uses for packaging or any other purposes material of non -biodegradable nature including polythene bags shall be punished with fine which may extend to five thousand rupees or imprisonment which may extend to six months. Dogs 290. Registration and control of dogs .(1) A Board may make bye -laws to provide for the registration of all dogs kept within the cantonment. (2) Such bye -laws shall (a) require the registration, by any officer authorised in this behalf of all dogs kept in the cantonment; (b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix the fee payab le for the issue thereof; (c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and (d) fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is paid within one week; and may provide for such other m atters as the Board thinks fit. (3) The Chief Exe cutive Officer may (a) cause to be destroyed, or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by any dog or other animal suffering or s uspected to be suffering from rabies; (b) by public notice direct that, after such date as may be specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the 94 streets or beyond the enclosures of the houses of their owners, if any, may be destroyed, and cause them to be destroyed accordingly. (4) No damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section. (5) Whoe ver, being the owner or person in charge of any dog, neglects to restrain it so that it shall not be at large in any street without being muzzled and without being secured by a chain lead in a ny case in which (a) he knows that the dog is likely to annoy o r intimidate any person; or (b) the Board has, by public notice during the prevalence of rabies, directed that dogs shall not be at large without muzzles and chain leads, shall be punishable with fine which may extend to one thousand rupees. (6) Whoever in a cantonment (a) allows any ferocious dog which belongs to him or is in his charge to be at large without being muzzled; or (b) sets on or urges any dog or other animal to attack, worry or intimidate any person; or (c) knowing or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by an animal suffering or reasonably suspected to be suffering from rabies, neglects to give immediate information of the fact to the Chief Executive Officer or gives informat ion which is false, shall be punishable with fine which may extend to two thousand rupees. Traffic 291. Traffic rule of the road. Whoever in driving, leading or propelling a vehicle along a street fails, except in a case of actual necessity, (a) to keep to the left when passing a vehicle coming from the opposite direction; or (b) to keep to the right when passing a vehicle going in the same direction as himself, shall be punishable with fine which may extend to five hundred rupees. Prevention o f fire, etc. 292. Use of inflammable materials for building purpose s.(1) The Chief Executive Officer may, by public notice, direct that within such limits in the cantonment as may be specified in the notice, the roofs and external walls of huts or other buildings shall not, without the permission in writing of the Chief Executive Officer be made or renewed of grass, mats, leaves or other inflammable materials, and may, by notice in writing, require any person who has disobeyed any such direction as afores aid to remove or alter the roofs or walls s o made or renewed. (2) The Chief Executive Officer may, by notice in writing, require the owner of any building in the cantonment which has an external roof or wall made of any such material as aforesaid to remove such roof or wall within such time as may be specified in the notice, notwithstanding that a public notice under sub-section ( 1) has not been issued or that such roof or wall was made with the consent of the Chief Executive Officer or before t he issue of such public notice: Provided that, in the case of any such roof or wall in existence before the issue of such a public notice or made with the consent of the Chief Executive Officer, it shall make compensation, not exceeding the original cost of constructi ng the roof or wall, for any damage caused by the removal. 293. Stacking or collecting inflammable materials. A Board may, by a public notice, prohibit in any case where such prohibition appears to it to be necessary for the prevention of danger to life o r property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place in the cantonment, or within any limits therein, which may be specified in the notice: 95 Provided that Chief Executive Officer may, in case of imminent danger to public life or property, enforce such prohibition in consultation with the President or the Vice -President in the absence of the President. 294. Care of naked lights. No perso n shall set a naked light on or near any building in any street or other public place in a cantonment in such manner as to cause danger of fire: Provided that nothing in this section shall be deemed to prohibit the use of lights for purpose of illumination on the occasion of a festival or public or private entertainment. 295. Regulation of cinematogr aphic and dramatic performances. (1) Notwithstanding anything contained in any other law relating to sanctioning of cinematograph films for exhibition, no exhibition of pictures or other optical effects by means o f a cinematograph or other like apparatus for the purpose of which inflammable films are used, and no public dramatic performance, pantomime, circus, carnival, exhibi tion, dance or ot her similar show for public recreation or amusement, shall be given in any cantonment elsewhere than in premises for which a licence has been granted by the Chief Executive Officer under this section. (2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes any part in any public dramatic performance, pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or amusement, in contravention of the provisions of t his section, or if the occupier of any premises allows them to be used in contravention of the provisions of this section or of any condition of any licence granted under this section, he shall be punishable with fine which may extend to five thousand rupe es, and, in the case of continuing offence, with an additional fine which may extend to two thousand rupees for each day after the first duri ng which the offence continues. (3) Nothing in this section shall be deemed to prohibit the giving of any exhibitio n or any dramatic performance, pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or amusement, in any theatre or institute which is the property of Government where the exhibition, performance, pantomime, circus, ca rnival, exhibition, dance or other similar show for public recreation or amusement, is held with the permission and under the control of the military authorities. 296. Discharging fire -works, fire -arms, etc.Whoever in a cantonment discharges any fire -arm or lets off fire -works or fire -balloons, or detonates or engages in any game or carries on works such as quarries, blasts, timber cutting or building operation in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property shall be liable to fine which may extend to two thousand five hundred rupees. 297. Power to require buildings, we lls, etc., to be rendered safe. Where in a cantonment any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is in the opinion of the Chief Executive Officer, in a ruinous state or, for want of sufficient repairs, protection or enclosure, a nuisance or dange rous to persons passing by or dwelling or working in the neighbourhood, the Chief Executive Officer, by notice in writing may, require the owner, or part -owner or person claiming to be the o wner or part -owner thereof, or, failing any of them, the occupier, thereof, to remove the same or may require him to repair, or to protect or to enclose, the same in such manner as the thinks necessary; and, if the danger is, in the opinion of the Chief Executive Officer, imminent, he shall forthwith take such steps as h e thinks necessary to avert the same. 298. Enclosure of wasteland used for improper purposes. The Chief Executive Officer may, by notice in writing, require the owner or part -owner, or person claiming to be the owner or part -owner, of any building or land in the cantonment, or the lessee or the person claiming to be the lessee of any such land, which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly persons or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves, or is used for gaming or immoral purposes, or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice. 96 CHAPTER XIV REMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF SEXUAL IMMORALITY 299. Power to remove brothels and prostitutes The Officer Commanding the Station or the Board may, on receiving information that any building in the cantonment is used as a brothel or for purposes of prostitution, by order in writing setting forth the substance of information received, summon the owner, lessee, tenant or occupier of the building to appear before him or the Board as the case may be either in person or by an authorised agent, and, if the Officer Commanding the Station or the Board, is then satisfied as to the truth of the information, may, by order in writing, direct the owner, lessee, tenant or occupier, as the case may be, to discontinue such use of the building within such period as may be specified in the order. 300. Penalty for loitering and importuning for purposes of prostitution .(1) Whoever in a cantonment loiters for the purpose of prostitution or importunes any person to the commission of sexual immorality, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees and in case of subsequent offence shall be punishable with imprisonment which m ay extend t o one year. (2) No prosecution for an offence under this section shall be instituted except on the complaint of the person importuned, or of a military officer in whose presence the offence was committed, or of a member of the Military, Naval or Air Force Police, being employed in the cantonment and authorised in this behalf by the Officer Commanding the Station, in whose presence the offence was committed, or of a police officer not below the rank of Assistant Sub -Inspector, who is deployed in the cantonme nt and authorised in this behalf by the Officer Commanding the Station with the concurrence of District Magistrate. 301. Removal of persons from cantonment .If the Officer Commanding the Station or the Board is, after such inquiry as he or it thinks necessary, satisfied that any person residing in or frequenting the cantonment is a prostitute or has been convicted of an offence, under section 300, or of the abetment of such an offence he or, as the case may be

offence, under section 300, or of the abetment of such an offence he or, as the case may be, the Board may cause to be served on such person an order in writing requiring such person to remove from the cantonment within such time as may be specified in the order, and prohibiting such person from re -entering it without the permission in writing of the Officer Commanding the Station or th e Board. 302. Removal and exclusion from cantonment of disorderly persons .(1) A Judicial Magistrate of the First Class, having jurisdiction in a cantonment, on receiving information that any person residing in or frequenting the cantonment (a) is a disorderly person who has been convicted more than once of gaming or who keeps or frequents, a common gaming house, a disorderly drinking shop or a disorderly house of any other description; or (b) has been convicted more than once either within the canto nment or elsewhere, of an offence punishable under Chapter XVII of the Indian Penal Code (45 of 1860) ; or (c) has been ordered under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) either within the cantonment or elsewhere to execute a bon d for his good behaviour, may record in writing the substance of the information received, and may issue a summon to such person requiring him to appear and show cause why he should not be required to remove from the cantonment and be prohibited from re-entering it. (2) Every summons issued under sub -section ( 1) shall be accompanied by a copy of the record aforesaid and the copy shall be served along with the summons on the person against whom the summon is issued. (3) The Magistrate shall, when the pe rson so summoned appears before him, proceed to inquire into the truth of the information received and take such further evidence as he thinks fit, and if upon such inquiry it appears to him that such person is a person of any kind described in sub -section (1) and that it is necessary for the maintenance of good order in the cantonment that such person is required to be removed therefrom and be prohibited from re -entering the cantonment, the Magistrate shall inform the matter to the 97 Officer Commanding the S tation and, the Officer Commanding the Station shall cause to be served on such person an order in writing requiring him to remove from the cantonment within such time as may be specified in the order and prohibiting him from re -entering it without the per mission in writing of the Officer Commanding the Station. 303. Removal and exclusion from cantonment of seditious persons .(1) If any person in a cantonment causes or attempts to cause or does any act which he knows is likely to cause disloyalty; disaffection or breach of discipline amongst any portion of the forces or is a person who, the Officer Commanding the Station has reason to believe, is likely to do any such act, the Officer Commanding the Station may make an order in writing setting forth the reasons for making of the same and requiring such person to remove from the cantonment within such time as may be specified in the order and prohibiting him from re -entering it without the permission in writing of the Officer Commanding the Station: Provided that no order shall be made under this section against any person unless he has had a reasonable opportunity of being informed of the grounds on which it is proposed to make the order and of showing cause why the order should not be made. (2) Eve ry order made under sub -section (1) shall be sent to the Superintendent of Police of the District, who shall c ause a copy thereof to be served on the person concerned. (3) Upon the making of any order under sub -section ( 1), the Officer Commanding the Stat ion shall forthwith send a copy of the s ame to the Central Government. (4) The Central Government may of its own motion and shall on application made to it in this behalf within one month of the date of the order by the person against whom the order has be en made, call upon the District Magistrate to make after such inquiry as the Central Government may prescribe a report regarding the justice of the order and the necessity therefor: Provided that at every such inquiry the person against whom the order has been made shall be given an opportunity of being heard in his own defence. (5) The Central Government may, at any time after the receipt of the copy of an order sent under sub-section ( 3) or where a report has been called for under sub-section ( 4), on receipt of that report, if it is of opinion that the order should be varied or rescinded, make such orders thereon as it thinks fit. (6) Any person who has been excluded from a cantonment by an order made under this section may, at any time after the expiry of one month from the date thereof, apply to the General Officer Commanding -in-Chief, the Command for the rescission of the same and, on such application being made, the said Officer may, after making such inquiry, if any, as he think s necessary, either reject the application or rescind the order. 304. Penalty .Whoever (a) fails to comply with an order issued under this Chapter within the period specified therein or whilst an order prohibiting him from re -entering a cantonment withou t permission is in force, re-enters the cantonment without such permission; or (b) knowing that any person has, under this Chapter been required to remove from the cantonment and has not obtained the requisite permission to re -enter it, harbours or conceals such person in the cantonment, shall be punishable with fine which may extend to five thousand rupees and in case of continuing offence with an additional fine which may extend to five hundred rupe es for every day after the first during which he has persisted in the offence. CHAPTER XV POWERS, PROCEDURES, PENALTIES AND APPEALS Entry and inspection 305. Powers of entry .It shall be lawful for the President or the Vice -President of a Board, or the Chief Executive Officer, or the Health Officer or any person specially authorised by the Chief Executive 98 Officer, or the Health Officer or for any other person authorised by general or special order of a Board in this behalf, to enter into or upon any buil ding or land with or without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work, which is authorised by or under this Act or which it is necessary to make or execute for any of the purpo ses or in pursuance of any of the provisions of this Act or of any rule, by e-law or order made thereunder: Provided that nothing in this section shall be deemed to confer upon any person any power such as is referred to in section 274 or section 283 or to authorise the conferment upon any person of any such power. 306. Power of inspection by member of a Board .A Board may by special order authorise or order any member to inspect any work or institution constructed or maintained, in whole or part, at the exp ense of the Board, and any register, book accounts or other documents belonging to, or in the possession of, the Board. 307. Power of inspection, etc. (1) A Board or the Chief Executive Officer may, by general or special order, authorise any person (a) to inspect any drain, privy, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or land in the cantonment, and, in his discretion, to cause, the ground to be opened for the purpose of preventing or removing any nuisance arising from the drain, privy, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be; (b) to examine works under construction in the cantonment, to take levels or to remove, test, examine, replace or read any meter. (2) If, on such inspection, the opening of the ground is found to be necessary for the prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or building, but if it is found that no nuisance exists or but for such opening would have arisen, the ground or portion of any building, drain or other work opened, injured or removed for the purpose of such inspection shall be filled in, reinstated, or made good, as the case may be by the Board or the Chief Executive Officer. 308. Power to ent er land, adjoining land where work is in progress. (1) The Chief Executive Officer of a cantonment may, with or without assistants or workmen, enter on any land within fifty yards of any work authorised by or under this Act for the purpose of depositing th ereon any soil, gravel, stone or other materials, or of obtaining access to such work, or for any other purpose connected with the carrying on of the same. (2) The Chief Executive Officer shall, before entering on any land under sub -section ( 1), give the occupier, or, if there is no occupier, the owner not less than three day's previous notice in writing of his intention to make such entry, and shall state the purpose thereof, and shall, if so required by the occupier or owner, fence off so much of the lan d as may be required for such purpose. (3) The Chief Executive Officer shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Board to the owner or occupier of such land, or to both, for any such damage whether permanent or temporary. 309. Breaking into premises .It shall be lawful for any person, authorised by or under this Act to make any entry into any place, to open or cause to be opened any door, gate or other barrier (a) if he considers the opening thereof necessary for the purpose of such entry; and (b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier. 310. Ent ry to be made in the day ti me.Save as otherwise expressly provided in this Act, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset. 311. Owner's con sent ordinarily to be obtained. Save as otherwise expressly provided in this Act, no building or land shall be entered without the consent of the occupier, or if there is no occupier of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than four hours, written noti ce of the intention to make such entry: 99 Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for carrying on any trade, calling or occupation specified in section 277 or a stable for horses or a shed for cattle or a latrine, privy or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any bye -law made thereunder. 312. Regard to be had to social and religious usages .When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apart ment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing. 313. Penalty for obstruction .Whoever obstructs or molests any person acting on behalf of the Board, who is not a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) or any person with whom the Board has lawfully contracted, in the execution of his duty or of anything which he is empowered or required to do by virtue or in consequence of any of the provisions of this Act or any rule, bye -law or order made thereunder, or in fulfilment of his contract, as the case may be, shall be punishable with fine which may extend to five thousand rupees . Powers and duties of p olice officers 314. Arrest without warrant .Any member of the police force employed in a cantonment may, without a warrant, arrest any person committing in his view a breach of any of the provisions of this Act which are specified in Schedule IV: Provided that (a) in the case of a breach of any such provisions as is specified in Part B of Schedule IV, no person shall be so arrested who consents to give his name and address, unless there is reasonable ground for doubting the accuracy of the name or address so given, the burden of proof of which shall lie on the arresting officer, and no person so arrested shall be detained after his name and address have been ascertained; and (b) no person shall be so arrested f or an offence under section 300 except (i) at the request of the person importuned, or of a military officer in whose presenc e the offence was committed; or (ii) by or at the request of a member of the Military, Naval or Air Force Police, who is employed in the cantonment and authorised in this behalf by the Officer Commanding the Station, and in whose presence the offence was committed or by or at the request of any police officer not below the rank of assistant sub -inspector who is deployed in the canto nment and authorised in this behalf by the Officer Commanding the station. 315. Duties of police officers .It shall be the duty of all police officers to give immediate information to the Board of the commission of, or attempt to commit any offence against the provisions of this Act or of any rule or bye -law made thereunder, and to assist all cantonment officers and employees in the exe rcise of their lawful authority. Notices 316. Notices to fix reasonable time .Where any notice, order or requisition made under this Act or any other rule or bye -law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or in the rule or bye -law, the notice, order or requisition shall specify a reasonable time for doing the sam e. 317. Authentication and validity of notices issued by Board .(1) Every notice, order or requisition issued by a Board under this Act or any rule or bye law made thereunder shall be signed (a) either by the President of the Board or by the Chief Executive Officer; or 100 (b) by the members of any committee especially authorised by the Board in this behalf. (2) Whenever under this Act or any rule or bye -law made thereunder the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Board, a written document signed by any officer or member specified in sub -section ( 1) purporting to convey or set -forth such approval, sanction, consent , concurrence, declaration, opinion

( 1) purporting to convey or set -forth such approval, sanction, consent , concurrence, declaration, opinion or satisfaction shall be sufficient evidence thereof. (3) Every license, written permission, notice, bill summons or other document which is required by this Act or any rule or bye -law made thereunder to bear the signat ure of the President, Vice -President or the Chief Executive Officer, or of any such member of any committee as has been specially authorised by the Board in this behalf shall be deemed to be properly signed if it bears facsimile of the signature of any such officer or member, as the case may be, stamped thereon. 318. Service of notice, etc. (1) Every notice, order or requisition issued under this Act or any rule or bye -law made thereunder shall, save as otherwise expressely pr ovided, be served or presented (a) by giving or tendering the notice, order or requisition, or sending it by post, to the person for whom it is intended; or (b) if such person cannot be found, by affixing the notice order or requisition on some conspicuous part of his last known place of abode or business, if within the cantonment, or by giving or tendering the notice, order or requisition to some adult member or servant or his family, or by causing it to be affixed on some conspicuous part of the buildings or land, if any, to which it relates. (2) When any such notice, order or requisition is required or permitted to be served upon an owner, lessee or occupier of any building or land, it shall not be necessary to name the owner, lessee or occupier therein, and the service thereof shal l, save as otherwise expressl y provided, be effected either (a) by giving or tendering the notice, order or requisition, or sending it by post, to the owner, lessee or occupier, or, if there are more owners, lessees, or occupiers than one to any one of th em; or (b) if no such owner, lessee or occupier can be found, by giving or tendering the notice, order or requisition to the authorised agent, if any, of any such owner, lessee or occupier, or to an adult member or servant of the family of any such owner, lessee, occupier, or by causing it to be affixed on some conspicuous part of the building or land to which it relates. (3) When the person on whom a notice, order or requisition is to be served is a minor, service upon his guardian or upon an adult member or servant of his family shall be deemed to be service upon the minor. 319. Method of giving notice .Every notice which, by or under this Act, is to be given or served as a public notice or as a notice which is not required to be given to any individual therein specified shall, save as otherwise expressly provided, be deemed to have been sufficiently given or served if a copy thereof is affixed in such conspicuous part of the office of the Board or in such other public place during such period, or is publ ished in such local newspaper or in such other manner, as the Board may direct. 320. Powers of Board in case of non -compliance with notice, etc .In the event of non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule or bye-law made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the Board, or the civil area committee or the Chief Executive Officer at whose instance the notice, order or requisition has been issued whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as ma y be necessary for the completion of the act or work required to be done or executed by him, and all the expenses incurred on such account shall be recoverable by the Chief Executive Officer on demand, and if not paid within ten days after such demand, shall be recoverable in the same manner as moneys recoverable by the Board under section 324: Provided that where the action or step relates to the demolition of any erection or re -erection under section 248 or the removal of any projection or encroachment under section 252, the Board or the civil area co mmittee or the Chief Executive O fficer may request any police officer to render such assistance as 101 considered necessary for the lawful exercise of any power in this regard and it shall be the duty of such police officer to render forthwith such assistance on such requisition. 321. Occupier not to obstruct owner when complying with notice. If the owner of any property in respect of which a notice as is referred to in section 320 has been given is prevented by the occupier from complying with such notice, the Board or civil area committee or the Chief Executive Officer at whose instance such notice has been given, may, by order, require the said occupier to permit the owner within eight days from the date of service of such notice to take all such actions as may be necessary to comply with the said notice and such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of non -compliance with such notice. Recovery of Money 322. Liability of occupier to pay in default of owner .(1) If any such notice as is referred to in section 320 has been given to any person in respect of property of which he is the owner , and he fails to comply with the notice so given, the Board or the civil area committee or the Chief Executive Officer at whose instance such notice has been issued may require any occupier of such property or of any part thereof to pay to it or him inste ad of to the owner any rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner under section 320: Provided that if the occupier, on application made to him by the Board or the civil area committee or the Chief Executive Officer at whose instance such notice has been issued, refuses to truly disclose the amount of his rent or the name or address of the person to whom it is payable, the Chief Executive Officer may recover from the occupier the whole amoun t recoverable under section 320 in the same manner as money i s recoverable by the Board under section 324. (2) Any amount recovered from an occupier inst ead of from an owner under sub -section ( 1) shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner. 323. Relief to Agents and Trustees. (1) Where any person, by r eason of his receiving the rent of immovable property as an agent or trustee, or of his being as an agent or trustee the person who would receive the rent if the property were let to a tenant, would under this Act be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obl igation unless he has or but for his own improper act or default might have had funds in his hands belonging to the owner sufficient for the purpose. (2) The burden of proving any fact entitling an agent or trustee to relief under sub -section ( 1) shall li e upon him. (3) Where any agent or trustee has claimed and established his right to relief under this section, the Board may, by notice in writing, require him to apply to the discharge of such obligation as aforesaid the first monies which may come to his hands on behalf, or for the use, of the owner and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation. 324. Method of recovery. (1) Notwithstanding anything elsewhere contained in this Act arrears o f any tax, and any other money recoverable, including rent on land and buildings due or damages and fine due under leases or licences executed by or in favour of a Board or the Defence Estates Officer under this Act or the rules made thereunder may be reco vered together with the cost of recovery either by suit or on application to a Judicial Magistrate having jurisdiction in the cantonment or in any place where the person from whom such tax, rent or money is recoverable may for the time being be residing, either by the distress and sale of movable property of such person, or by the attachment and sale of immovable property of that person, which is within the limits of the jurisdiction of such Judicial Magistrate, or by both these methods, and shall, if paya ble by the owner of any property as such, be a charge on the property until paid : Provided that the tools of artisans, growing crops up to the value of five thousand rupees and implements and cattle used for the purposes of agriculture shall be exempt fr om such distress or sale. 102 (2) An application to a Judicial Magistrate under sub -section ( 1) shall be in writing and shall be signed by the President or Vice -President of the Board or by the Chief Executive Officer or the Defence Estates Officer or the Off icer Commanding the Station or any other officer authorised by any of these officers, but shall not require to be personally presented. (3) Upon receiving the application, the Judicial Magistrate referred to in sub-section ( 1) may take action for the reco very of the amount of tax, rent or money from the person specified in the application as if such amount were a fine recoverable under a sentence passed by him and the provisions of section s 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974) , shall, so far as may be, apply to the recovery of such amount: Provided that the recovery of no such amount shall be made by the arrest or detention in prison of the said person. Committees of Arbitration 325. Application for a Committee of Arbitration. In the event of any disagreement as to the liability of a Board to pay any compensation under this Act, or as to the amount of any compensation so payable, the person claiming such compensation may apply to the Board shall for the reference of the matter to a Committee of Arbitration, and the Board shall forthwith proceed to convene a Committee of Arbitration to determine the matter in dispute. 326. Procedure for convening Committee of Arbitration. When a Committee of Arbitration is to be conve ned, the Board shall cause a public notice to be published stating the matter to be determined, and shall forthwith send copies of the order to the District Magistrate, and to the other party concerned, and shall, as soon as may be, nominate such members o f the Committee as it is entitled to nominate under section 327, and by notice in writing call upon the other persons who are entitled to nominate a member or members of the Committee to nominate such member or members in accordance with provisions of that section. 327. Constitution of the Committee of Arbitration. (1) Every Committee of Arbitration shall consist of five members, namely: (a) a Chairman who shall be a person not in the service of the Government or the Board, and who shall be nominated by t he Officer Commanding the Station; (b) two persons nominated by the Board; (c) two persons nominated by the other party concerned. (2) If the Board or the other party concerned or the Officer Commanding the Station fails within seven days of the date of issue of the notice referred to in section 326 to make any nomination which it or he is entitled to make or if any member who has been so nominated neglects or refuses to act and the Board or other person by whom such member was nominated fails to nominate another member in his place within seven days from the date on which it or he may be called upon to do so by the District Magistrate, the District Magistrate shall forthwith appoint a member or members, as the case may be, to fill the vacancy or vacancies . 328. No person to be nominated who has direct interest or whose services are not immediately available. (1) No person who has a direct interest in the matter under reference, or whose services are not immediately available for the purposes of the Commit tee shall be nominated a member of the Committee of Arbitration. (2) If, in the opinion of the District Magistrate any person who has been nominated has a direct interest in the matter under reference or is otherwise disqualified for nomination or if the services of any such person are not immediately available as aforesaid and if the Board or the other person by whom any such person was nominated fails to nominate another member within seven days from the date on which it or he may be called upon to do so by the District Magistrate, such failure shall be deemed to constitute a failure to make a nomination within the meaning of section 327. 103 329. Meetings and powers of Committee of Arbitration. (1) When a Committee of Arbitration has been duly constituted, the Board shall, by notice in writing inform each of the members of the fact, and the Committee shall meet as soon as may be thereafter. (2) The Chairman of the Committee shall fix the time and place of the meetings and shall have power to adjourn any meet ing from time to time as may be necessary. (3) The Committee shall receive and record evidence, and shall have power to administer oaths to witnesses, and on requisition in writing signed by the Chairman of the Committee, the District Magistrate shall issu e the necessary processes for the attendance of witnesses and the production of documents required by the Committee and may, enforce the said processes as if they were processes for attendance or production before himself. 330. Decisions of Committee of A rbitration. (1) The decisions of every Committee of Arbitration shall be in accordance with the majority of votes taken at a meeting at which the Chairman and at least three of the other members are present. (2) If there is not a majority of votes in favou r of any proposed decision, the opinion of the Chairman shall prevail. (3) The decision of a Committee of Arbitration shall be final and shall not be questioned in any court. Prosecutions 331. Prosecutions. Save as otherwise expressly provided in this Act, no court shall proceed to the trial of any offence made punishable by or under this Act, other than an offence specified in Schedule IV, except on the complaint of or upon information received from the Board concerned or a person authorised by the Boa rd by a general or special order in this behalf. 332. Composition of offence .(1)The Chief Executive Officer or any person authorised by him, by general or special order in this behalf, may, before or after the institution of the proceedings, compound an offence, made punishable by or under this Act other tha n an offence under Chapter XIV: Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf

shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Chief Executive Officer, unless and until the same has been complied with in so far as compliance is possible. (2)Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of t he offence so compounded. General Penalty Provisions 333. General penalty. Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to five thousand rupees, and, in the case of a continuing failure or contravention, with an additional fine which may extend to five hundred rupees for everyday after the first during which he has persisted in the failure or contravention. 334. Offences by companies .(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing containe d in this sub -section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything c ontained in sub -section ( 1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, se cretary or other 104 officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against punished accordingly. Explanation .For the purposes of this section, (a) compa ny means any body corporate and includes a firm or other association of individuals; and (b) director , in relation to a firm, means a partner in the firm. 335. Cancellation or suspension of licences, etc. Where any person to whom a licence or written permission has been granted under this Act or any agent or servant of such person commits a breach of any of the conditions thereof, or of any bye -law made under this Act for the purpose of regulating the manner or circumstances in, or t he conditions subject to, which anything permitted by such licence or written permission is to be or may be done, or where the Board or the civil area committee, as the case may be, is satisfied that such licence or written permission has been secured by t he holder through misrepresentation or fraud, the Board or the civil area committee, as the case may be, may, without prejudice to any other penalty which may have been incurred under this Act, by order in writing, cancel the licence or written permission or suspend it for such period as it thinks fit: Provided that no such order shall be made unless an opportunity has been given to the holder of the licence or written permission to show cause why it should not be made. 336. Recovery of amount payable in respect of damage to cantonment property .Where any person has incurred a penalty by reason of having caused any damage to the property of a Board, he shall be liable to make good such damage, and the amount payable in respect of the damage shall, in case of dispute, be determined by the Judicial Magistrate by whom the person incurring such penalty is convicted, and, on non -payment of such amount on demand, the same shall be recovered either by the distress and sale of the movable property of such person, o r by the attachment and sale of the immovable property of that person, or by both these methods and the Judicial Magistrate shall recover the amount in accordance with the provisions of sections 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974 ) as if it were a fine recoverable under a sentence passed by him. Limitation 337. Limitation for prosecution. No court shall try any person for an offence made punishable by or under this Act, after the expiry of six months from the date of the commission of the offence, unless complaint in respect of the offence has been made to a Judicial Magistrate within the six months aforesaid. Suits 338. Prot ection of action of Board, etc. No suit or prosecution shall be entertained in any cou rt against a Board or against the Chief Executive Officer, the Officer Commanding a station, Defence Estates Officer, Principal Director, General Officer Commanding in Chief, the Command, Director General Defence Estates, or against any member of a Board, or against any officer or employee of a Board, for anything which is in good faith done or intended to be done, under this Act or any rule or bye-law made thereunder. 339. Notice to be given of suits. (1) No suit shall be instituted against any Board or against any member of a Board, or against any officer or employee of a Board, in respect of any act done, or purporting to have been done, in pursuance of this Act or of any rule or bye -law made thereunder, until the expiration of two months after notice in writing has been left at the office of the Board, and, in the case of such member, officer or employee, unless notice in writing has also been delivered to him or left at his office or place of abode, and unless such notice states explicitl y the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and unless the plaint contains a statement that such notice has been so delivered or left. 105 (2) If the B oard or member, officer or employee has, before the suit is instituted, tendered sufficient amounts to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered, and shall also pay all costs incurred by the defendant after such tender. (3) No suit, such as is described in sub -section ( 1), shall, unless it is an action for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises. (4) Nothing in sub -section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit or proceeding. Appeals and Revision 340. Appeals from executive orders. (1) Any person aggrieved by any order described in the third column of Schedule V may appeal to the appellate authority specified in that behalf in the fourth column of the said Schedule. (2) The Central Government may, for the purposes of expeditious disposal of the pending appeals, by notification in the Official Gazette, amend Schedule V so as to designate additional appellate authority in the fourth column of the said Schedule. (3) No such appeal shall be admitted if it is made after the expiry of the period specified in that behalf in the fifth column of the said Schedule. (4) The period specified as aforesaid shall be computed in accordance with the provisions of the Limitation Act, 1963 (36 of 1963) , with respect to the computation of periods of limitation thereunder. 341. Petition of Appeal. (1) Every appeal under section 340 shall be made by petition in writing accompanied by a copy of the order appealed against. (2) Any such peti tion may be presented to the authority which made the order against which the appeal is made, and that authority shall be bound to forward it to the appellate authority, and may attach thereto any report which it may desire to make by way of explanation. 342. Suspension of Action Pending Appeal .On the admission of an appeal from an order, other than an order contained in a notice issued under section 144, section 183, section 238, section 273 or section 302, where the appellate authority so directs, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, disobedience thereto shall not be deemed to be an offence. 343. Revision .(1) Where an appeal from an order made by the Board has been disposed of by the District Magistrate, either party to the proceedings may, within thirty days from the date thereof, apply through the General Officer Commanding -in-Chief, the Command to the Central Government, or to such authority as the Central Government may appoint in this behalf, for revision of the decision. (2) The provisions of this Chapter with respect to appeals shall apply, as far as may be, to the applications for revision made under this section. (3) The appellate authority shall make endeavours to dispose of the appeal made under section 340 of this Act within a period of ninety days. 344. Finality of the Appellate Orders. Save as otherwise provided in section 343, every order of appellate authority shall be final. 345. Right of appellant to be heard. No appeal shall be decided under this Chapter unless the appellant has been heard, or has had a reasonable opportunity of being heard in person or through a legal practition er. 106 CHAPTER XVI RULES AND BYE -LAWS 346. Power to make rules. (1) The Central Government may, after previous publication, make rules to carry out the purposes and objects of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : (a) the manner in which, and the authority to which, application for permission to occupy and belonging to the Government in a cantonment is to be made; (b) the auth ority by which such permission may be granted and the conditions to be annexed to the grant of any such permission; (c) the allotment to a Board of a share of the rents and profits accruing from property entrusted to its management under the provisions of section 63; (d) the appointment, promotion, transfer, tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence, discipline and other condition of service of employees of Boards; (e) the circumstances in which security shall be demanded from employees of Boards and the amount and nature of such security; (f) the keeping of accounts by Boards and the manner in which such accounts shall be audited and published; (g) the definition of the persons by whom, and the manner in which, money may be paid out of a cantonment fund or cantonment development fund; (h) the preparation of estimates of income and expenditure by Boards and the definition of the persons by whom, and the conditions subject to which, such estimates may be sanctioned; (i) the regulation of the procedure of Committees of Arbitration; (j) the prescribing of registers, statements and forms to be used and maintained by any authority for the purposes of this Act; (k) the grant of leave to the members o f the Board; (l) the form of notices, required to be sent under this Act and t he manner of their service; and (m) any other matter which is required to be, or may be prescribed. 347. Supplemental provisions respecting rules .(1) A rule under section 346 may be made either generally for all cantonments or for the whole or any part of any one or more cantonments. (2) The power to make rules under clause ( c) of sub-section ( 2) of section 346 shall include power to give retrospective effect from a date not e arlier than the date of commencement of the Cantonments Act, 2006, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable : Provided t hat where any rule has to be given retrospective operation, the reasons therefor and the effect of giving such retrospective operation shall be published along with the draft of the rules when such draft is published for eliciting public opinion under sub -section ( 1) of section 346. (3) All rules made under this Act shall be published in the Official Gazette and in such other manner, if any, as the Central Government may direct and, on such publication, shall have effect as if enacted in this Act. (4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more s uccessive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in 107 making any modification in the rule or both Houses agree that the rule should not be made, the rule sh all thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 348. Power to make by e-laws. Subject to the provisions of this Act and of the rules made thereunder, a Board may, in addition to any bye -laws which it is empowered to make by any other provision of this Act, make bye -laws to provide for all or any of the following matt ers in t he cantonment, namely : (1) the registration of births, deaths and marriages, and the taking of a census; (2) the enforcement of compulsory vaccination and inoculation and levy of fees where such vaccination or inoculation is carried out at the houses of residents; (3) the regulation of the collection and recovery of taxes, tolls and fees under this Act and the refund of taxes; (4) the regulation of any description of traffic in the streets and the enforcement of measures for the reduction of noise caused thereby or the prohibition of any description of such traffic; (5) the manner in which vehicles standing, driven, led or propelled in the streets between sunset and sunrise shall be lighted; (6) the seizure and confiscation of ownerless animals str aying within the limits of the cantonments and regulation and control of cattle pounds; (7) the prevention and extinction

aying within the limits of the cantonments and regulation and control of cattle pounds; (7) the prevention and extinction of fire; (8) the construction of scaffolding for building operations to secure the safety of the general public and of persons worki ng thereon; (9) the regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation, cleaning and repairs of drains, ventilation -shafts, pipes, water -closets, privies, latr ines, urinals, cesspools and other drainage works; (10) the regulation or prohibition of the discharge into, or deposit in, drains of sewage, polluted water and other offensive or obstructive matter; (11) the regulation or prohibition of the stabling or herding of animals, or of any class of animals, so as to prevent danger to public health; (12) the proper disposal of corpses, the regulation and management of burial and burning places and other places for the disposal of corpses, and the fees chargeable for the use of such places where the same are provided or maintained by Government or at the expense of the cantonment fund; (13) the permission, regulation or prohibition of the use or occupation of any street or place by itinerant vendors or by any per son for the sale of articles or the exercise of any calling or the setting up of any booth or stall, and the fees chargeable for such use or occupation; (14) the regulation and control of encamping grounds, sarais, hotels, dak -bangalows, lodging - houses, boarding -houses, buildings let intenements, residential clubs, restaurants, eating -houses, cafes, refreshment -rooms, guest houses, holiday resorts, cinemas and places of public recreation, entertainment or resort; (15) the regulation of the ventilation, lighting, cleansing, drainage and water -supply of the buildings used for the manufacture or sale of aerated or other potable waters and of butter, milk, sweetmeats and other articles of food or drink for human consumption; (16) the matters regarding which conditions may be imposed by licences granted under section 295 or section 277; (17) the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise any inj urious, offensive or dangerous effects arising or likely to arise there from; 108 (18) the regulation of the erection of any enclosure, fence, tent, awning or other temporary structure of whatsoever material or nature on any land situated within the cantonmen t and the fees chargeable in respect thereof; (19) the laying out of streets, and the regulation and prohibition of the erection of buildings without adequate provision being made for the laying out and location of streets; (20) the form of and the partic ulars which shall be contained in a development scheme or an improvement scheme and the manner in which such scheme shall be framed or altered and levy of development charges; (21) the regulation of the use of public parks and gardens and other public pla ces, and the protection of avenues, trees, grass and other appurtenances of streets and other public places; (22) the regulation of the grazing of animals and the fees chargeable in respect thereof; (23) the fixing and regulation of the use of public bath ing and washing places; (24) the regulation of the posting of bills and advertisment, and of the position, size, shape or style or name boards, sign-boards and sign -posts; (25) the fixation of a method for the sale of articles whether by measure, weight, piece or any other method; (26) the rendering necessary of lice nces within the cantonment for (a) persons working as job porters for the conveyance of goods; (b) animals or vehicles let out on hire or used for hawking articles; (c) the proprieto rs or drivers of vehicles, boats or other conveyances, or of animals kept or plying for hire or used for hawking articles; (d) persons impelling or carrying such vehicles or other conveyances; or (e) persons practising as nurses, midwives or dais; (27) the prescribing of the fee payable for any licence required under clause ( 26), and of the conditions subject to which such licences may be granted, revised, suspended or withdrawn; (28) the regulation of the charges to be made for the services of such job porters and of the hire of such animals, vehicles or other conveyances, and for the remuneration of persons impelling or carrying such vehicles or conveyances as are referred to in clause ( 26); (29) the prescribing of fee payable for any licence except as otherwise specifically provided in the Act, sanction or for any written permission granted by the Chief Executive Officer; (30) the regulation or prohibition, for purposes of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance, and for the regulation or prohibition of which no provision is made elsewhere by or under this Act; (31) the circumstances and the manner in which owners of buildings or land in the cantonment, who are temporarily absent from, or are not resident in, the cantonment, may be required to appoint as their agents, for all or any of the purposes of this Act of any rule or bye -law made thereunder, persons residing within or near the cant onment; (32) the prevention of the spread of infectious or contagious diseases within the cantonment; (33) the segregation in, or the removal and exclusion from, the cantonment, or the destruction, of animals suffering from or reasonably suspected to be s uffering from any infectious or contagious disease; (34) the supervision, regulation, conservation and protection from injury, contamination or trespass of sources and means of public water -supply and of appliances for the distribution of water whether wi thin or without the limits of the cantonment; 109 (35) the manner in which connections with water -works may be constructed or maintained, and the agency which shall or may be employed for such construction and maintenance; (36) the regulation of all matters a nd things relating to the supply and use of water including the collection and recovery of charges there for and the prevention of evasion of the same; (37) the maintenance of schools, and the furtherance of education generally; (38) the regulation or prohibition of the cutting or destruction of trees or shrubs, or of the making of excavations, or of the removal of soil or quarrying, where such regulation or prohibition appears to the Board to be not prejudicial to the maintenance of ecological balance and to be necessary for the maintenance of a water -supply, the preservation of the soil, the prevention of landscape or of the formation of ravines or torrents, or the protection of land against erosion, or against the deposit thereon of sand, gravel or st ones; (39) the rendering necessary of licences for the use of premises within the cantonment as stables, kennels, sites or cow houses or as accommodation for sheep, goats or fowls; (40) the control of the use in the cantonment of mechanical whistles, siren s or trumpets; (41) the regulation of supply of copies of official document and prescribing the fee payable in respect t hereof; (42) the regulation of permission for granting licence for use of loud -speakers and prescribing the fee payable in respect there of; (43) the conservation and maintenance of ancient and historical monuments, archaeological sites and remains or place of public importance in the cantonment; and (44) generally for the regulation of the administration of the cantonment under this Act. 349. Penalty for breach of bye -laws .(1) Any bye -law made by a Board under this Act may provide that a contravent ion thereof shall be punishable (a) with fine which may extend to five thousand rupees; or (b) with fine which may extend to five thousand rupees and, in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention; or (c) with fine which may ext end to one hundred fifty rupees for every day during which the contravention continues after the receipt of a notice from the Board or Chief Executive Officer by the person contravening the bye -law requiring such person to discontinue such contravention. (2) Any such bye -law may also provide that a person contravening the same shall be required to remedy, so far as lies in his power, the damage or mischief, if any, caused by such contravention. 350. Supplemental provisions regarding bye -laws and regulations .(1) Any power to make bye-laws conferred by this Act is conferred subject to the conditions of bye -laws being made after previous publication and of their not taking effect until they have been approved and confirmed by the Central Governmen t and published in the Official Gazette. (2) The Central Government in confirming a bye -law may make any change therein which appears to it to be necessary. (3) The Central Government may, after previous publication of its intention, cancel any bye -law which it has confirmed, and thereupon the bye -law shall cease to have effect. (4) Every bye -law and Regulation made under this Act and every order made under sub -section (3) shall be laid as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the bye -law and Regulation, or order or both Houses agree that the bye-law and Regulation, or order should not be made, the bye -law and Regulation, or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, 110 however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that bye-law and Regulation or order. 351. Rules and bye -laws to be available for inspec tion and purchase. (1) A copy of all rules and bye-laws made under this Act shall be kept at the office of the Board and shall, during office hours, be open free of charge to inspection by any inhabitant of the cantonment. (2) Copies of all such rules and bye-laws shall be kept at the office of the Board and shall be sold to the public at cost price singly, or in collection at the option of the purchaser. CHAPTER XVII SUPPLEMENTAL PROVISIONS 352. Extension of certain provisions of the Act and rules to place beyond cantonments .The Central Government may, by notification in the Official Gazette, and subject to any conditions as to compensation or otherwise which thinks fit to impose, extend to any area beyond a cantonment and in the vicinity thereof, wit h or without restriction or modification, any of the provisions of Chapters VIII to XV or of any rule or bye -law made under this Act for the cantonment which relates to the subject -matter of any of those Chapters, and every enactment, rule or bye -law so ex tended shall thereupon apply to that area as if the area were included in the cantonment. 353. Power to delegate functions to the President, etc. (1) The Board may, by a resolution passed in this behalf, delegate to the President, Vice -President, Chief Ex ecutive Officer or Health Officer, subject to such conditions, if any, as may be specified in the resolution, all or any of its functions under clause ( b) of sub -section ( 5) of section 290, section 168, section170, section 175, section 167, section 263 and section 264. (2) The civil a rea committee may, by passing a similar resolution, delegate subject to such conditions, if any, as may be specified in such resolution, all or any of its functions to the Vice -President, Chief Executive Officer or Health Officer. 354. Registration .(1) Paragraphs 2 and 3 of section 54, and section 59, 107 and 123 of the Transfer of Property Act, 1882 (4 of 1882) , with respect to the transfer of prop erty by registered instrument, shall, on and from the commencement of this A ct, extend to every cantonment. (2) The Registrar or Sub -Registrar of the district or sub-district formed for the purpose s of the Registration Act, 1908 (16 of 1908) in which any c antonment is situated, shall, when any document relating to immovable property within the cantonment is registered, send information of the registration forthwith to the Chief Executive Officer and the Defence Estates Officer and such other authority as th e Central Government may prescribe in this behalf. 355. Validity of notices and other documents .No notice, order, requisition, licence, permission in writing or other such document issued under this Act shall be invalid merely by reason of any defect of form. 356. Admissibility of document or entry as evidence. A copy of any receipt, application, plan, notice, order or other document or of any entry in a register, in the possession of a Board shall, if duly certified by the legal keeper thereof or other person authorised by the Chief Executive Officer in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions there in recorded in every case where, and to the same e xtent to which, the original documents or entry would, if produced, have been a dmissible to prove such matters . 357. Evidence by off icer or employee of the Board. No officer or employee of a Board shall, in any legal proceeding to which the Board is not pa rty, be required to produce any register or document the contents of which can be proved under section 356 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause. 358. Application of Act 4 of 1899 .For the purposes of the Government Buildings Act, 1899, cantonments and Boards shall be deemed to be municipalities and municipal authorities respectively and the references to the State Government in section 4 of that Act shall be construed as references to the Central Government. 111 359. Power to

Act shall be construed as references to the Central Government. 111 359. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act . (2) Every order made under sub -section ( 1) shall be laid, as soon as may be after it is made, before each House of Parliament. 360. Repeals and savings .(1) The Cantonment s Act, 1924 (2 of 1924) is hereby repealed. (2) Notwithstanding the repeal of the Cant onments Act, 1924 (2 of 1924) (a) any appointment, notification, order, scheme, rule, form, notice or bye -law made or issued, and any licence or permission granted under the Act shall, in so far as it is not in consistent with the provisions of this Act continue in force and be deemed to have been made, issued or granted, under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice or bye -law made or issued or any licence or permis sion gra nted under the said provisions; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Board shall be deemed to have been incurred, entered into or engaged t o be done by, with or for the Bo ard constituted under this Act; (c) all budget estimates, assessments, valuations, measurements or divisions made by the Board shall in so far as they are not inconsistent with the provisions of this Act, continue in force a nd be deemed to have been made under the provisions of this Act unless and until they are superseded by any budget estimate, assessment, valuation, measurement or division made by the Board constit uted under the said provisions; (d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in the Board shall with all rights of whatsoever description, use, enjoyed or possessed by the said Board vest in the Bo ard constituted under this Act; (e) all rates, taxes, fee s, rents and other sums of money due to the Board shall be deemed to be due to the Board constituted under this Act; (f) all rates, taxes, fees, rents, fares and other charges shall, until and unless they are varied by the Board constituted under this Act, continue to be levied at the same rate at which they were being levied by the Board immediately befor e the commencement of this Act; (g) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the B oard may be continued or instituted by or against the Board constituted under this Act. 112 SCHEDULE I (See section 100) NOTICE OF DEMAND To residing at Taking notice that the Board demands from.................................... the sum of .................... due from ...................................on account of......................................(here describe the property, occupation , circumstance or thing in respect of which the sum is payable) leviable under ....................... .................. for the period of ........................................................ Commencing on the ............ ............................... day of ...............................20............, and ending on the .........................day of ........................20......................, and that if, within thirty days from the service of this notice, the said sum is not paid to the Boar d at.................................. or sufficient cause for non -payment is not shown to the satisfa ction of the Chief Execut ive Officer, warrant of distress /attachment* will be issued for the recovery of the same with costs. Dated this.......................................day of ......................20......................... (Signed) Chief Executive Officer, Cantonment. [*Strike out whichever is not applicable.] 113 SCHEDULE II. (See section 101) FORM OF WARRANT (Here insert the name of the officer charged with the execution of warrant) Whereas A.B. of ................... has not paid, and has not shown satisfactory cause for the non -payment of, the sum of ................... due on account of... .............. *............... for the period of............................commencing on the day of......... ...........20.............. and ending with the .......................... day of................20........ which sum is leviable under....................... And whereas thirty days have elapsed since the service on him of notice of demand for the same. This is to command you to [distraint/ attach# ] subject to the provisions of the Cantonments Act , 2006, the [movable/immovable# ] property of the said A.B. to the amount of the said sum of Rs. ..................; and forthwith to certify to me, together with this warrant, all particulars of the property [s eized/attached # ] by you thereunder. Dated this .......................day of ...........................20....................... (Signed) Chief Executive Officer, Cantonment. *Here describe the liability. # Strike out whichever is not applicable. 114 SCH EDULE III (See section 103) FORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE To, residing at .......................................................................... Take notice that I have this day seized the property specified in the inventory annexed hereto, for the value of.................due for the liability* men tioned in the margin for the period commencing with......................day of ..................20................ and ending with the ............................day of....................20................, together with Rs............. due for service of notice of demand, and that, unless within seven days from the date of the service of this notice you pay to the Board the said amount, together with the costs of recovery, the said property will be sold by public auction. Dated this ............................................day of ..................................20.............. . (Signature of officer executing the warrant .) INVENTORY (Here state particulars of property seized). *Here describe the liability. 115 SCHEDULE IV (See section 314) CASES IN WHICH POLICE MAY ARREST WITHOUT WARRANT PART A Section Subject 174 Making or selling of food, etc., or washing of clothes, by infected person. 289(1) (a)(i) Drunkenness, etc. PART B 183(1) Remaining in, or re -entering, cantonment after notice of expulsion for failure to attend hospital or dispensary. 259 Destroying, etc., name of street or number affixed to building. 282 Feeding animal on faith, etc. 289(1)(a)(ii) Using threatening or abusive words, etc. 289(1)(a)(iii) Indecent exposure of person, etc. 289(1)(a)(iv) Begging. 289(1)(a)(v) Exposing deformity, etc. 289(1)(a)(vii) Gaming. 289(1)(a)(xii) Destroying notice, etc. 289(1)(a)(xiii) Displaces, damages, alters, pavements, gutter, storm water drain. 289(1)(f) Keeping common gaming -house, etc. 289(1)(g) Beating drum, etc. 289(1)(h) Singing, etc., so as to disturb public peace or order. 290(6) Setting loose, or setting on, ferocious dog. 296 Discharging fire -arms, etc., so as to cause danger. 300 Loitering or importuning for sexual immorality. 304(a) Remaining in, or returning to, a cantonment after notice of expulsion. 116 SCHEDULE V APPEALS FROM EXECUTIVE ORDERS (See section 340) Sl. No. Section Executive Order Appellate Authority Time allowed for appeal 1 2 3 4 5 1. 2 (zc) Declaring 'inhabitant' District Magistrate Fifteen days . 2. 137 Notice to fill up well, tank , etc., or to drain off or remove water. Principal Director Thirty days from service of notice. 3. 138 Notice requiring the owner to provide latrine, urinal, cesspool dust -bin or other receptacle. Board Fifteen days from service of notice. 4. 139 Notice requiring provision of sanitary facilities in market, school, theatre or other place of public resort. Board Fifteen days from service of notice. 5. 142 Notice for removal of congested building . General Officer Commanding -in-Chief, the Command Thirty days from service of notice. 6. 144 Notice requiring a building to be repaired or altered so as to remove sanitary defects . Principal Director Thirty days from service of notice . 7. 147 Notice prohibiting owner or occupier to use a building or part of a building for human habitation. Principal Director Twenty -one from days service of notice. 8. 183 Order directing a person to remove from the Cantonment and prohibiting him from re-entering it without permission. General Officer Commanding -in-Chief, the Command Thirty days from service of notice. 9. 190 Notice requiring maintenance or closing of private source of public drinking water supply . Board Fifteen days from service of notice. 10. 192 Notice requiring the owner, lessee or occupier of a building or land to obtain water from a source of public water supply . Board Fifteen days from service of notice . 117 1 2 3 4 5 11. 195 Notice for cutting off the connection between any source of public water supply and any building or land to which water is supplied. Board Fifteen days from service of notice. 12. 238 (a) Refusal to sanction the erection or re-erection of a building in a civil area. Principal Director Thirty days from service of communication . (b) Refusal to sanction the erection or re-erection of a building in a Cantonm ent (Other than a civil area) . General Officer Commanding -in-Chief , the Command Thirty days from service of communication. 13. 239 Order of stoppage of building or works in certain cases. Board Thirty days from service of communication. 14. 248 (a) Notice to stop erection or re-erection of, or to alter or demolish, a building in a civil area. Principal Director Thirty days from service of communication. (b) Notice to stop erection or re-erection of, or to alter or demolish, a building in a Cantonment (Other than a civil area General Officer Commanding -in Chief, the Command Thirty days from service of communication . 15. 252 Notice requiring the owner or the occupier to alter or remove any projection or encroachment. Board Thirty days from service of notice. 16. 253 Notice to pull down or otherwise deal with a building newly erected or re - built without permissio n over a sewer, drain, culvert, water course or water - pipe. Board Thirty days from service of notice. 118 1 2 3 4 5 17. 273 Notice prohibiting or restricting the use of a slaughter -house. Board Twenty -one days from service of notice . 18. 297 Notice to remove , repair, protect, or enclose a building, wall or anything affixed thereto, or well, tank, reservoir, pool, depression or excavation. Board Thirty days from service of notice . 19. 302 Notice directing disorderly person to remove from cantonment and prohibiting him from re - entering it without permission . District Magistrate Thirty days from service of notice.

THE DOWRY PROHIBITION ACT, 1961 ACT NO. 28 OF 1961 [20th May, 1961 .] An Act to prohibit the giving or taking of dowry. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows: 1. Short title, extent and commencement .(1) This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition of dowry.In this Act, dowry means any property or valuable security given or agreed to be given either directly or indirectly (a) by one party to a marriage to the other party to the marriage; or (b) by the parent s of either party to a marriage or by any other person, to either party to the marriage or to any other person ; at or before 3[or any time after the marriage] 4[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law ( Shariat ) applies. 5* * * * * Explanation II.The expression valuable security has the same meaning as in section 30 of the Indian Penal Code (45 of 1860). 3. Penalty for giving or taking dowry .6[(1)] If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry , he shall be punis hable 7[with imprisonment for a term which shall not be less than 8[five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more]: Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than 9[five years].] 10[(2) Nothing in sub -section ( 1) shall apply to, or in relation to, (a) presents which are given at the time of a marriage to the br ide (without any demand having been made in that behalf): Provided that such presents ar e entered in a list maintained in accordance with the rules made under this Act; (b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf): 1. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019) . 2. 1st July, 1961, vide notification No. S.O. 1410, dated 20th June, 1961, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 3. Subs. by Act 43 of 1986, s. 2, for or after the marriage (w.e.f. 19 -11-1986). 4. Subs. by Act 63 of 1984, s. 2, for certain words (w.e.f. 2 -10-1985). 5. The Explanation I omitted by s. 2, ibid. (w.e.f. 2 -10-1985). 6. Section 3 renumbered as sub -section ( 1) of that section by s. 3, ibid. (w.e.f. 2 -10-1985). 7. Subs. by s. 3, ibid., for certain words (w.e.f. 2 -10-1985). 8. Subs. by Act 43 of 1986, s. 3, for certain words (w.e.f. 19-11-1986). 9. Subs. by s. 3, ibid., for six months (w.e.f. 19 -11-1986). 10. Ins. by Act 63 of 1984, s. 3 (w.e.f. 2 -10-1985). 3 Provided that such presents are entered in a list maintained in accordance with the rules made under this Act: Provided further that where su ch presents are made by or on behalf of the bride or any person related to the bride, such presents ar e of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such prese nts ar e given.] 1[4. Penalty for demanding dowry .If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonme nt for a term of less than six months.] 2[4A. Ban on advertisement .If any person (a) offers, through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative , (b) prints or publishes or circulates any advertisement referred to in clause ( a), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees: Provided that the Court may, for adequate and special reasons to be rec orded in the judgment, impose a sentence of imprisonment for a term of less than six months.] 5. Agreement for giving or taking dowry to be void .Any agreement for the giving or taking of dowry shall be void. 6. Dowry to be for the benefit of the wife or h er heirs .(1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman (a) if the dowr y was received before marriage, within 3[three months] after the date of marriage; or (b) if the dowry was received at the time of or after the marriage, within 3[three months] after the date of its receipt; or (c) if the dowry was received when the woman was a minor, within 3[three months] after she has attained the age of eighteen years; and pending such transfer, shall hold it in trust for the benefit of the woman. 4[(2) If any person fails to transfer any property as required by sub -section ( 1) within the time limit specified therefor 5[or as required by sub -section ( 3),] he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine 6[which shall not be less than five thousand rupees, but which may extend to ten thousand rupees] or with both.] (3) Where the woman entitled to any property under sub -section ( 1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being: 7[Provided that where such woman dies within seven years of he r marriage, otherwise than due to natural causes, such property shall, (a) if she has no children, be transferred to her parents , or 1. Subs. by Act 63 of 1984, s . 4, for section 4 (w.e.f. 2 -10-1985). 2. Ins. by Act 43 of 1986, s. 4 (w.e.f. 19 -11-1986). 3. Subs. by Act 63 of 1984, s. 5, for one year (w.e.f. 2 -10-1985). 4. Subs. by s. 5, ibid., for sub -section ( 2) (w.e.f. 2 -10-1985). 5. Ins. by Act 43 of 1986, s. 5 (w.e.f. 19 -11-1986). 6. Subs. by s. 5, ibid., for which may extend to ten thousand rupees (w.e.f. 19 -11-1986). 7. The proviso inserted by s. 5, ibid. (w.e.f. 19 -11-1986). 4 (b) if she has children, be transferred to such children and pending such transfer, be held in trust for such children.] 1[(3A) Where a person convicted under sub -section ( 2) for failure to transfer any property as required by sub -section ( 1) 2[or sub -section ( 3)] has not, before his conviction under that sub -section, transferred such property to the woman entitled thereto or , as the case may be, 3[her heirs, parents or children] the Court shall, in addition to awarding punishment under that sub -section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, 3[her heirs, parents or children] within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be, 3[her heirs, parents or children ].] (4) Nothing contained in this section shall affect the provisions of section 3 or section 4. 4[7. Cognizance of offences .(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), (a) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act; (b) no court shall take co gnizance of an offence under this Act except upon (i) its own knowledge or a police report of the facts which constitute such offence, or (ii) a complaint by the person aggrieved by the offence or a parent or other relative of such person, or by any recog nised welfare institution or organisation; (c) it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by this Act on any person convicted of an offence under this Act. Explanation. For the purposes of this sub -section, recogni sed welfare institution or organisation means a social welfare institution or organisation recogni sed in this behalf by the Central or State Government. (2) Nothing in Chapter XXXVI of the Code of Criminal Proced ure, 1973 (2 of 1974) , shall apply to any offence punishable under this Act.] 5[(3) Notwithstanding anything contained in any law for the time being in force a statement made by the person aggrieved by the offence shall not subject such person to a prosecu tion under this Act.] 6[8. Offences to be cognizable for certain purposes and to be bailable and non-compoundable .(1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences under this Act as if they were cognizable offences (a) for the purposes of investigation of such offences; and (b) for the purposes of matters other than (i) matters referred to in section 42 of that Code; and (ii) the arrest of a person without a warrant or without an order of a Magistrate. (2) Every offence under this Act shall be 7[non-bailable] and non -compoundable.] 8[8A. Burden of proof in certain cases .Where any person is prosecuted for taking or abetting the taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under th ose sections shall be on him.] 1. Ins. by Act 63 of 1984, s. 5 (w.e.f. 2 -10-1985). 2. Ins. by Act 43 of 1986, s. 5 (w.e.f. 19 -11-1986). 3. Subs. by s. 5, ibid., for her heirs (w.e.f. 19 -11-1986). 4. Subs. by Act 63 of 1984, s. 6, for section 7 (w.e.f. 2 -10-1985). 5. Ins. by Act 43 of 1986, s. 6 (w.e.f. 19 -11-1986). 6. Subs. by Act 63 of 1984, s. 7, for section 8 ( w.e.f. 2 -10-1985). 7. Subs. by Act 43 of 1986, s. 7, for bailable (w.e.f. 19 -11-1986). 8. Ins. by s. 8, ibid. (w.e.f. 19 -11-1986). 5 8B. Dowry Prohibition Officers .(1) The State Government may appoint as many D owry Prohibition Officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this Act. (2) Every Dowry Prohibition Officer shall exercise and perform the following powers and functions, namely : (a) to see that the provision s of this Act are complied with; (b) to prevent, as far as possible, the taking or abetting the taking of, or the demanding of, dowry; (c) to collect such evidence as may be necessary for the prosecution of persons committing offences under the Act; and (d) to perform such additional functions as may be assigned to him by the State Government, or as may be specified in the rules made under this Act. (3) The State Government may, by notification in the Official Gazette, confer such powers of a police officer as may be specified in the notification on the Dowry Prohibition Officer who shall exercise such powers subject to such limitations and cond itions as may be specified by rules made under this Act. (4) The State Government may, for the purpose of advising and assisting Dowry Prohibition Officers in the efficient performance of their functions under this Act, appoint an advisory board consisting of not more than five social welfare workers (out of whom at least two shall be women) from the area in respect of which such Dowry Prohibition Officer exercises jurisdiction under sub -section ( 1).] 9. Power to make rules .(1) The Central Government may, by notification in the Official Gazette, make

( 1).] 9. Power to make rules .(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. 1[(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for (a) the form and manner in which, and the person s by whom, any list of presents referred to in sub-section ( 2) of section 3 shall be maintained and all other matters connected therewith; and (b) the better co -ordination of policy and action with respect to the administration of this Act.] 2[(3)] Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 3[in two or more successive sessions, and if, be fore the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect on ly in such modified form or be of no effect, as the case may be , so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 4[10. Power of the State Government to make rules .(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the foll owing matters, namely: (a) the additional functions to be performed by the Dowry Prohibition Officers under sub-section ( 2) of section 8B; (b) limitations and conditions subject to which a Dowry Prohibition Officer may exercise his functions under sub -section ( 3) of section 8B. (3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made before the State Legislature.] 1. Ins. by Act 63 of 1984, s. 8 (w.e.f. 2 -10-1985). 2. Sub -section ( 2) renumbered as sub -section ( 3) thereof by s. 8, ibid. (w.e.f. 2 -10-1985). 3. Subs. by Act 20 of 1983, s. 2 and the Schedule , for certain words (w.e.f. 15 -3-1984). 4. Subs. by Act 43 of 1986, s. 9, for section 10 (w.e.f. 19 -11-1986).

THE CONTEMPT OF COURTS ACT, 1971 ACT NO. 70 OF 1971 [24th December, 1971 .] An Act to define and limit the powers of certain courts in punishing contempt s of courts and to regulate their procedure in relation thereto. BE it enacted by Parliament in the Twenty -second Year of the Republic of India as follows: 1. Short title and extent .(1) This Act may be called the Contempt of Courts Act, 1971. (2) It extends to the whole of India: 1* * * * * 2. Definitions .In this Act, unless the context otherwise requires, (a) contempt of court means civil contempt or criminal contempt; (b) civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court; (c) criminal contempt means the p ublication (whether by words, spoken or written, or by signs, or by visible representation s, or otherwise) of any matter or the doing of any other act whatsoever which (i) scandalises or tends to scandalise , or lowers or tends to lower the authority of, any court; or (ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the a dministration of justice in any other manner; (d) High Court means the High Court for a State or a Union territory, and includes the court of the Judicial Commissioner in any Union territory. 3. Innocent publication and distribution of matter not contempt .(1) A person shall not be guilty of contempt of court on the ground that he has published (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) any mat ter which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of justice in connection with any civil or criminal proceeding pending at that time of publication, if at that time he had no reasonable grounds for believing th at the proceeding was pending. (2) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, the publication of any such matter as is mentioned in sub -section ( 1) in connection with any civil or criminal p roceeding which is not pending at the time of publication shall not be deemed to constitute contempt of court. (3) A person shall not be guilty of contempt of court on the ground that he has distributed a publication containing any such mat ter as is mentio ned in sub -section ( 1), if at the time of distribution he had no reasonable grounds for believing that it contained or was likely to contain any such matter as aforesaid: Provided that this sub -section shall not apply in respect of the distribution of (i) any publication which is a book or paper printed or published otherwise than in conformity with the rules contained in section 3 of the Press and Registration of Books Act, 1867 (25 of 1867); 1. The Provis o omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019). 3 (ii) any publication which is a newspaper published otherwise t han in conformity with the rules contained in section 5 of the said Act. Explanation. For the purposes of this section, a judicial proceeding (a) is said to be pending (A) in the case of a civil proceeding, when it is instituted by the filing of a plaint or otherwise, (B) in the case of a criminal proceeding under the Code of Criminal Procedure, 1898 (5 of 1898) , or any other law (i) where it relates to the commission of an offence, when the charge -sheet or challan is filed, or when the court issues summons or warrant, as the case may be, against the accused, and (ii) in any other case, when the court takes cognizance of the matter to which the proceeding relates, and in the case of a civil or criminal proceeding, shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, unt il the period of limitation prescribed for such appeal or revision has expired; (b) which has been heard and finally decided shall not be deemed to be pending merely by reason of the fact that proceedings for the execution of the decree, order or sentence passed therein are pending. 4. Fair and accurate report of judicial proceeding not contempt .Subject to the provisions contained in section 7, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceed ing or any stage thereof. 5. Fair criticism of judicial act not contempt .A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided. 6. Complaint against presiding o fficers of subordinate courts when not contempt .A person shall not be guilty of contempt of court in respect of any statement made by him in good faith concerning the presiding officer of any subordinate court to (a) any other subordinate court, or (b) the High Court, to which it is subordinate. Explanation .In this section, subordinate court means any court subordinate to a High Court. 7. Publication of information relating to proceeding s in chambers or in camera not contempt except in certain cases .(1) Notwithstanding anything contained in this Act, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding before any court sitting in chambers or in camera except in the following cases, that is to say, (a) where the publication is contrary to the provisions of any enactment for the time being in force; (b) where the court, on ground s of public policy or in exercise of any power vested in it, expressly prohibits the publication of all information relating to the proceeding or of information of the description which is published; (c) where the court sits in chambers or in camera for rea sons connected with public order or the security of the State, the publication of information relating to those proceedings; (d) where the information relates to a secret process, discovery or invention which is an issue in proceedings. 4 (2) Without prejudice to the provisions contained in sub -section ( 1), a person shall not be guilty of contempt of court for publishing the text or a fair and accurate summary of the whole , or any part, of an order made by a court sitting in chambers or in camera , unl ess the court has expressly prohibited the publication thereof on grounds of public policy, or for reasons connected with public order or the security of the State, or on the ground that it contains information relating to a secret process, discovery or invention, or in exercise of any power vested in it. 8. Other defences not affected .Nothing contained in this Act shall be construed as implying that any other defence which would have been a valid defence in any proceedings for contempt of court has ceased to be available merely by reason of the provisions of this Act. 9. Act not to imply enlargement of scope of contempt .Nothing contained in this Act shall be construed as implying that any disobedience, b reach, publication or other act is punishable as contempt of court which would not be so punishable apart from this Act. 10. Power of High Court to punish contempt s of subordinate courts .Every High Court shall have and exercise the same jurisdiction, powe rs and authority, in accordance with the same procedure and practice, in respect of contempt s of courts subordinate to it as it has and exercises in respect of contempt s of itself: Provided that no High C ourt shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860). 11. Power of High Court to try offences committed or offenders found outside jurisdiction .A High Court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to it, whether the contempt is alleged to have been committed within or outside the local limits of its jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits. 12. Punishment for contempt of court .(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court. Explanation. An apology shall not be r ejected merely on the ground that it is qualified or conditional if the accused makes it bona fide . (2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in sub -section ( 1) for any contempt either in respect of itself or of a court subordinate to it. (3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court , if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit. (4) Where the person found guilty o f contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the comp any, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person: Provided that nothing contained in this sub -section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission. (5) Notwithstanding anything contained in sub -section ( 4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to 5 be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer. Explanation. For the purpose of sub -sections ( 4) and ( 5), (a) company means any body corporate and includes a firm or other association of individuals; and (b) director, in relation to a firm, means a partner in the firm. 1[13. Contempts not punishable in certain cases .Notwithstanding anything contained in any law for the time being in force, (a) no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it s ubstantially interferes, or tends substantially to interfere with the due course of justice; (b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and t he request for inv oking the said defence is bona fide.] 14. Procedure where contempt is in the face of the Supreme Court or a High Court .(1) When it is alleged, or appears to the Supreme Court or the High Court upon its own view, that a person has been guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained in custody, and, at any time before the rising of the Court, on the same day, or as early as possible thereafter, shall (a) cause him to be informed in writing of the contempt with which he is charged; (b) afford him an opportunity to make his defence to the charge; (c) after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or a fter adjournment, to determine the matter of the charge; and (d) make such order for the punishment or discharge of such person as may be just. (2) Notwithstanding anything contained in sub -section ( 1), where a person charged with contempt under that sub-section applies, whether orally or in writing, to have the charge against him tried by some judge other than the Judge or Judges in whose presence or hearing the offence is alleged t o have been committed, and the C ourt is of opinion that it is practica ble to do so and that in the interests of proper administration of justice the application should be allowed, it shall cause the matter to be placed, together with a statement of the facts of the case, before the Chief Justice for such directions as he may think fit to issue as respects the trial thereof. (3) Notwithstanding anything contained in any other law, in any trial of a person charged with contempt under sub -section ( 1) which is held, in pursuance of a direction given under sub -section ( 2), by a Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, it shall not be necessary for the Judge or Judges in whose presence or hearing the offence is alleged to have been committed to appear as a witn ess and the statement placed before the Chief Justice under sub -section ( 2) shall be treated as evidence in the case. (4) Pending the determination of the charge, the Court may direct that a person charged with contempt under this section shall be detained in such custody as it may specify: Provided that he shall be released on bail, if a bond for such sum of money as the Court thinks sufficient is executed with or without sureties conditioned that the person charged shall attend at the time and place menti oned in the bond and shall continue to so attend until otherwise directed by the Court: Provided further that the Court may, if it thinks fit , instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendanc e as aforesaid. 1. Subs. by Act 6 of 2006, s. 2, for section 13 (w.e.f. 17 -3-2006). 6 15. Cognizance of criminal contempt in other cases .(1) In the case of a criminal contempt, other than a contempt referred to in section 14, the Supreme Court or the High Court

In the case of a criminal contempt, other than a contempt referred to in section 14, the Supreme Court or the High Court may take action on its own motion or on a motion made by (a) the Advocate -General, or (b) any other person, with the consent in writing of the Advocate -General, 1[or] 1[(c) in relation to the High Court for the Union territory of Delhi, such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf, or any other person, with the consent in writing of such Law Officer.] (2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate -General or, in relation to a Union territory, by such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf. (3) Every motion or reference made under this section shall spe cify the contempt of which the person charged is alleged to be guilty. Explanation. In this section, the expression Advocate -General means , (a) in relation to the Supreme Court, the Attorney -General or the Solicitor -General; (b) in relation to the High Court, the Advocate -General of the State or any of the States for which the High Court has been established; (c) in relation to the court of a Judicial Commissioner, such Law Officer as the Central Government may, by notification in the Official Gazette, s pecify in this behalf. 16. Contempt by judge, magistrate or other person acting judicially .(1) Subject to the provisions of any law for the time being in force, a judge, magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this Act shall, so far as may be, apply accordingly. (2) Nothing in this section shall apply to any observation s or remarks made by a judge, magistr ate or other person acting judicially, regarding a subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgment of the subordinate court. 17. Procedure after cognizance .(1) Notice of every proceeding under section l5 shall be served personally on the person charged, unless the Court for reasons to be recorded directs otherwise. (2) The notice shall be accompanied , (a) in the case of proceedings commenced on a motion, by a copy of the motion as also copies of the affidavits, if any, on which such motion is founded; and (b) in case of proceedings commenced on a reference by a subordinate court, by a copy of the reference. (3) The Court may, if it is satisfied that a person ch arged under section 15 is likely to abscond or keep out of the way to avoid service of the notice, order the attachment of his property of such value or amount as it may deem reasonable. (4) Every attachment under sub -section ( 3) shall be effected in the m anner provided in the Code of Civil Procedure, 1908 (5 of 1908), for the attachment of property in execution of a decree for payment of money, and if, after such attachment, the person charged appears and shows to the satisfaction of the Court that he did not abscond or keep out of the way to avoid service of the notice, the Court shall order the release of his property from attachment upon such terms as to costs or otherwise as it may think fit. 1. Ins. by Act 45 of 1976, s. 2 (w.e.f. 30 -3-1976). 7 (5) Any person charged with contempt under section 15 may fil e an affidavit in support of his defence, and the Court may determine the matter of the charge either on the affidavits filed or after taking such further evidence as may be necessary, and pass such order as the justice of the case requires. 18. Hearing of cases of criminal contempt to be by Benches .(1) Every case of criminal contempt under section 15 shall be heard and determined by a Bench of not less than two judges. (2) Sub -section ( 1) shall not apply to the Court of a Judicial Commissioner. 19. Appeals .(1) An appeal shall lie as of right from any order or decision of the High Court in the exercise of its jurisdiction to punish for contempt (a) where the order or decision is that of a single judge, to a Bench of not less than two judges of the Court; (b) where the order or decision is that of a Bench, to the Supreme Court: Provided that where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court. (2) Pending any appeal, the appellate Court may order that (a) the execution of the punishment or order appealed against be suspended; (b) if the appellant is in confinement, he be released on bail; and (c) the appeal be heard notwithstanding that the appellant has not purged his contempt. (3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High Court that he intends to prefer an appe al, the High Court may also exercise all or any of the powers conferred by sub -section ( 2). (4) An appeal under sub -section ( 1) shall be filed (a) in the case of an appeal to a Bench of the High Court, within thirty days; (b) in the case of an appeal to t he Supreme Court, within sixty days, from the date of the order appealed against. 20. Limitation for actions for contempt .No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed. 21. Act not to apply to Nyaya Panchayats or other village courts .Nothing contained in this Act shall apply in relation to contempt of Nyaya Panchayats or other village courts, by whate ver name known, for the administration of justice, established under any law. 22. Act to be in addition to, and not in derogation of, other laws relating to contempt .The provisions of this Act shall be in addition to, and not in derogation of , the provisi ons of any other law relating to contempt of courts. 23. Power of Supreme Court and High Courts to make rules .The Supreme Court or, as the case may be, any High Court, may make rules, not inconsistent with the provisions of this Act, providing for any matter relating to its procedure. 24. Repeal .The Contempt of Courts Act, 1952 (32 of 1952), is hereby repealed.

THE SALE OF GOODS ACT, 1930 ACT NO. 3 OF 19301 [15th March , 1930.] An Act to define and amend the law relating to the sale of goods. WHEREAS it is expedient to define and amend the law relating to the sale of goods; It is hereby enacted as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the 2*** Sale of Goods Act, 1930. 3[(2) It extends to the whole of India 4***.] (3) It shall come into force on the 1st day of July, 1930. 2. Definitions. In this Act, unless there is anything repugnant in the subject or context, (1) buyer means a person who buys or agrees to buy goods; (2) delivery means voluntary transfer of possession from one person to another; (3) goods are said to be in a deliverable state when they are in such state that the buyer would under the contract be bound to take delivery of them; (4) document of title t o goods includes a bill of lading, dockwarrant, warehouse keeper s certificate, wharfingers certificate, railway receipt, 5[multimodal transport document,] warrant or order for the delivery of goods and any other document used in the ordinary course of b usiness as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented; (5) fault means wrongful act or defau lt; (6) future goods means goods to be manufactured or produced or acquired by the seller after the making of the contract of sale; (7) goods means every kind of moveable property other than actionable claims and money; and includes stock and shares, g rowing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale; (8) a person is said to be insolvent who has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of insolvency or not; (9) mercantile agent means a mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods; (10) price means the money consideration for a sale of goods; 1. The Act has been extended to Berar by Act 4 of 1941, to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1 -7-1965); to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule ; to Pondicherry by the Pondicherry (Extension of Laws) Act, 1968, s. 3 and Sch edule ; to Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule (w.e f. 1-10-1967); and to Sikkim on 1 -91984 vide Notif ication No. S.O. 645 (E), dated 24 -8-1984, Gazette of India, Extraordinary, Pt. II, Sec. 3( 11). 2. The word Indian omitted by Act 33 of 1963, s. 2 (w.e.f. 22 -9-1963). 3. Subs. by the A.O. 1950, for sub -section (2). 4. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10-2019). . 5. Ins. by Act 28 of 1993, s. 31 and the Schedule , Part III. 5 (11) property means the general property in goods, and not merely a special property; (12) quality of goo ds includes their state or condition; (13) seller means a person who sells or agrees to sell goods; (14) specific goods means goods identified and agreed upon at the time a contract of sale is made; and (15) expressions used but not defined in this Ac t and defined in the Indian Contract Act, 1872 (9 of 1872), have the meaning assigned to them in that Act. 3. Application of provisions of Act 9 of 1872. The unrepealed provisions of the Indian Contract Act, 1872, save in so far as they are in consistent with the express provisions of this Act, shall continue to apply to contracts for the sale of goods. CHAPTER II FORMATION OF THE CONTRACT Contract of sa le 4. Sale and agreement to sell. (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part -owner and another. (2) A contract of sale may be absolute or condit ional. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some conditi on thereafter to be fulfilled, the contract is called an agreement to sell. (4) An agreement to, sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. Formalities of the c ontract 5. Contract of sale how made. (1) A contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. The contract may provide for the immediate delivery of the goods or immediate payment of the price or both, or for the delivery or payment by instalments, or that the delivery or payment or both shall be postponed. (2) Subject to the provisions of any law for the time being in force, a contract of sale may be made in writing or by word of mouth, or partly in wri ting and partly by word of mouth or may be implied from the conduct of the parties. Subject -matter of contract 6. Existing or future goods. (1) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the s eller, or future goods. (2) There may be a contract for the sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen. (3) Where by a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods. 7. Goods perishing before making of contract. Where there is a contract for the sale of specific goods, the contract is void if the goods without the knowledge of the seller have, at the time when the contract was made, perished or become so damaged as no longer to answer to their description in the contract. 8. Goods perishing before sale but after agreement to sell .Where there is an agreement to sell specific goods, and subsequently the goods without any fault on the part of the seller or buyer perish or become so damaged as no longer to answer to their description in the agreement before the risk passes to the buyer, the agreement is thereby avoided. 6 The price 9. Ascertai nment of price. (1) The price in a contract of sale may be fixed by the contract or may be left to be fixed in manner thereby agreed or may be determined by the course of dealing between the parties. (2) Where the price is not determined in accordance with the foregoing provisions, the buyer shall pay the seller a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case. 10. Agreement to sell at valuation. (1) Where there is an agreement to se ll goods on the terms that the price is to be fixed by the valuation of a third party and such third party cannot or does not make such valuation, the agreement is thereby avoided: Provided that, if the goods or any part thereof have been delivered to, and appropriated by, the buyer, he shall pay a reasonable price therefor. (2) Where such third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintain a suit for damages against the party in fault. Conditions and waranties 11. Stipulations as to time. Unless a different intention appears from the terms of the contract, stipulations as to time of payment arc not deemed to be of the essence of a contract of sale. Whether any other Stipulation as to ti me is of the essence of the contract or not depends on the terms of the contract. 12. Condition and warranty. (1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty. (2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. (3) A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. (4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a co ndition, though called a warranty in the contract. 13. When condition to be treated as warranty. (1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated . (2) Whe re a contract of sale is not severable and the buyer has accepted the goods or part thereof, 1*** the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as .repudiated, unless there is a term of the contract, express or implied, to that effect. (3) Nothing in this section shall affect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or oth erwise. 14. Implied undertaking as to title, etc. In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is (a) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass; (b) an implied warranty that the buyer shall have and enjoy quiet possession of the goods; 1. The words or where the contract is for specific goods the p roperty in which has passed to the buyer, omitted by Act 33 of 1963, s. 3 (w.e.f. 22 -9-1963) . 7 (c) an impli ed warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made. 15. Sale by description. Where there is a contract for the sale of good s by description, there is an implied condition that the goods shall correspond with the description; and, if the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not a lso correspond with the description. 16. Implied conditions as to quality or fitness. Subject to the provisions of this Act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness for any par ticular purpose of goods supplied under a contract of sale, except as follows: (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller s skill or judgment, and the goods are of a description which it is in the course of the seller s business to supply (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be reasonably fit for such purpose: Provided that, in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose. (2) Where goods are bought by de scription from a seller who deals in goods of that description (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be of merchantable quality: Provided that, if the buyer has examined the goods, there shall be no implied condition as regards defects which such examination ought to have revealed. (3) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade. (4) An express warranty or conditio n does not negative a warranty or condition implied by this Act unless inconsistent therewith. 17. Sale by sample. (1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect. (2) In th e case of a contract for sale by sample there is an implied condition (a) that the bulk shall correspond with the sample in quality; (b) that the buyer shall have a reasonable opportunity of comparing the bulk with the sample; (c) that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample. CHAPTER III EFFECTS OF THE CONTRACT Transfer of property as between seller and buyer 18. Goods must be ascertained. Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. 19. Property passes when intended to pass. (1) Where there is a contract for the sale of speci fic or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to he transferred. (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case. (3) Unless a different intention appears, the rules

of the contract, the conduct of the parties and the circumstances of the case. (3) Unless a different intention appears, the rules contained in sections 20 to 24 are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer. 8 20. Specific goods in a deliverable state. Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immater ial whether the time of payment of the price or the time of delivery of the goods, or both, is postponed. 21. Specific goods to be put into a deliverable state. Where there is a contract for the sale of specific goods and the seller is bound to do somethin g to the goods for the purpose of putting them into a deliverable state, the property does not pass until such thing is done and the buyer has notice thereof. 22. Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price. Where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the prop erty does not pass until such act or thing is done and the buyer has notice thereof. 23. Sale of unascertained goods and appropriation. (1) Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expre ss or implied, and may by given either before or after the appropriation is made Delivery to carrier. (2) Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) fo r the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract. 24. Goods sent on approval or on sale or return. When goods are delivered to the buyer on approval or on sale or return or other similar terms, the property therein passes to the buyer (a) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction; (b) if he does not signify his approval or ac ceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. 25. Reserva tion of right of disposal. (1) Where there is a contract for the sa le of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled. In such case, notwithstandin g the delivery of the goods to a buyer or to a carrier or other b ailee for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled. 1[(2) Where goods are shippe d or delivered to a railway administration for carriage by railway and by the bill of lading or railway receipt, as the case may be, the goods are deliverable to the order of the seller or his agent, the seller is prima facie deemed to reserve the right of disposal. (3) Where the seller of goods draws on the buyer for the price and transmits to the buyer the bill of exchange together with the bill of lading or, as the case may be, the railway receipt, to secure acceptance or payment of the bill of exch ange, the buyer is bound to return the bill of lading or the railway receipt if he does not honour the bill of exchange; and, if he wrongfully retains the bill of lading or the railway receipt, the property in the goods does not pass to him. Explanation . In this section, the expressions railway and railway administration shall have the meanings respectively assigned to them under the Indian Railways Act, 1890 (9 of 1890).] 26. Risk prima facie passes with property. Unless otherwise agreed, the goods re main at the seller s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer s risk whether delivery has been made or not: 1. Subs by Act 33 of 1963, s. 4, for sub -sections ( 2) and ( 3) (w.e.f. 22 -9-1963) . 9 Provided that, where delivery has been del ayed through the fault of either b uyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault: Provided also that noth ing in this section shall affect the duties or liabilities of eit her seller or buyer as a bailee of the goods of the other party. Transfer of title 27. Sale by person not the owner. Subject to the provisions of this Act and of any other law for the time being in force, where goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller s authorit y to sell: Provided that, where a mercantile agent is, with the consent of the owner, in possession of the goods or of a document of title to the goods, any sale made by him, when acting in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorised by the owner of the goods to make the same; provided that the buyer acts in good faith and has not at the time of the contract of sale notice that the seller has not authority to sell. 28. Sale by one of joint owne rs. If one of several joint owners of goods has the sole possession of them by permission of the co -owners, the property in the goods is transferred to any person who buys them of such joint owner in good faith and has not at the time of the contract of s ale notice that the seller has not authority to sell. 29. Sale by person in possession under voidable contract. When the seller of goods has obtained possession thereof under a contract voidable under section 19 or section 19A of the Indian Contract Act, 1872 (9 of 1872), but the contract has not been rescinded at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller s defect of title. 30. Seller or buyer in possession after sale.(1) Where a person, having sold goods, continues or is in possession of the goods or of the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him, of the goods or documents of title under an y sale, pledge or other disposition thereof to any person receiving the same in good faith and wit hout notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goo ds to make the same. (2) Where a person, having bought or agreed to buy goods, obtains, with the consent of the seller, possession of the goods or the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods shall have effect as if such lien or right did not exist. CHAPTER IV PERFORMANCE OF THE CONTRACT 31. Duties, of seller and buyer. It is the duty to the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of sa le. 32. Payment and delivery are concurrent conditions. Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the goods. 33. Delivery. Delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorised to hold them on his behalf. 34. Effect of part delivery. A delivery of part of goods, in progress of the delive ry of the whole, has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole; but 10 a delivery of part of the goods, with an intention of severing it from the whole, does not operate as a delivery of the remainder. 35. Buyer to apply for delivery. Apart from any express contract, the seller of goods is not bound to delivery them until the buyer applies for delivery. 36. Rules as to delivery. (1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, goods sold are to be delivered at the place at which they are at the time of the sale, and goods a greed to be sold are to be delivered at the place at which they are at the time of the agreement to sell, or, if not then in existence, at the place at which they are manufactured or produced. (2) Where under the contract of sale the seller is bound to se nd the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. (3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless an d until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller. 37. Delivery o f wrong quantity. (1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but it the buyer accepts the goods so delivered he shall pay for them at the contract rate. (2) Where the seller de livers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered, he shall pay for t hem at the contract rate. (3) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reje ct the rest, or may reject the whole. (4) The provisions of this section are subject to any usage of trade, special agreement or course of dealing between the parties. 38. Instalment deliveries. (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments. (2) Where there is a contract for the sale of goods to be delivered by stated instalments which are to be separately paid for, and the seller makes no delivery or defective delivery in respect of one or more insta lments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated. 39. Delivery to carrier or wharfinger. (1) Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, or delivery of the goods to a wharfinger for safe custody, is prima facie deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authorised by the buyer, the seller shall make such contract with the carrier or wharfing er on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other cir cumstances of the case. If the seller omits so to do, and the goods are lost or damaged in course 11 of transit or whilst in the custody of the wharfinger, the buyer may decline to treat the delivery to the carrier or wharfinger as a delivery to himself, or m ay hold the seller responsible in damages. (3) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, in curcumstances in which it is usual to insure, the seller shall give such notice to the buyer as may enable him to insure them during their sea transit, and if the seller fails so to do, the goods shall be deemed to be at his risk during such sea transit. 40. Risk where goods are delivered at distant place. Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer shall, nevertheless, unless otherwise agreed, take any risk of deterioration in the goods necessarily incident to the course of transit. 41. Buyer s right of examining the goo ds.(1) Where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformit y with the contract. (2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in confo rmity with the contract. 42. Acceptance. The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him and he does any act in relation to them which is inconsistent wi th the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them. 43. Buyer

a reasonable time, he retains the goods without intimating to the seller that he has rejected them. 43. Buyer not bound to return rejected goods. Unless otherwise agreed, where goods are delivered to the buyer and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them. 44. Liability of buyer for neglecting or refusing deliv ery of goods. When the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasion ed by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery am ounts to a repudiation of the contract. CHAPTER V RIGHTS OF UNPAID SELLER AGAINST THE GOODS 45. Unpaid seller defined. (1) The seller of goods is deemed to be an unpaid seller within the meaning of this Act (a) when the whole of the price has not been paid or tendered; (b) when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. (2) In this Chapter, the term seller includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who has himself paid, or is directly responsible for, the price. 46. Unpaid seller s sights. (1) Subject to the provisions of this Act and of any law for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of good s, as such, has by implication of law (a) a lien on the goods for the price while he is in possession of them; 12 (b) in case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them; (c) a right of re -sale as limited by this Act. (2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and co -extensive with his rights of lien and stoppag e in transit where the property has passed to the buyer. Unpaid seller s lien 47. Seller s lien. (1) Subject to the provisions of this Act, the unpaid seller of goods who is in possession of them is entitled to retain p ossession of them until payment or te nder of the price in the following cases, namely: (a) where the goods have been sold without any stipulation as to credit; (b) where the goods have been sold on credit, but the term of credit has expired; (c) where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer. 48. Part delivery. Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery has been made under such circumstances as to show an agreement to waive the lien. 49. Termination of lien. (1) The unpaid seller of goods loses his lien thereon (a) when he delivers the goods to a carrier or other bailee for th e purpose of transmission to the buyer without reserving the right of disposal of the goods; (b) when the buyer or his agent lawfully obtains possession of the goods; (c) by waiver thereof. (2) The unpaid seller of goods, having a lien thereon, does not lo se his lien by reason only that he has obtained a decree for the price of the goods. Stoppage in transit 50. Right of stoppage in transit. Subject to the provisions of this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted wi th the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in the course of transit, and may retain them until payment or tender of the price. 51. Duration of transit. (1) Goods are deemed to be in course of transit from the time when they are delivered to a carrier or other bailee for the purpose of transmission to the buyer, until the buyer or his agent in that behalf takes delivery of them from such carrier or other bailee. (2) If the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the appointed destination, the transit is at an end. (3) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent, the transit is at an end and it is immaterial that a further destination for the goods may have been ind icated by the buyer. (4) If the goods are rejected by the buyer and the carrier or other bailee continues in possession of them, the transit is not deemed to be at an end, even if the seller has refused to receive them back. (5) When goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case, whether they are in the possession of the master as a carrier or as agent of the buyer. 13 (6) Where the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf, the transit is deemed to be at an end. (7) Where part delivery of the goods has been made to the buyer or his agent in that behalf, the remainder of the goods may be stopped in transit, unless such part delivery has been given in such circumstances as to show an agreement to give up possession of the whole of the goods. 52. How stoppage in transit is effected. (1) The unpaid sellermay exercise his right of stoppage in transit either by taking actual possession of the goods, or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, shall be given at such time and in such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer. (2) When not ice of stoppage in transit is given by the seller to the carrier or other bailee in possession of the goods, he shall re -deliver the goods to, or according to the directions of, the seller. The expenses of such re -delivery shall be borne by the seller. Transfer by buyer and seller 53. Effect of sub -sale or pledge by buyer. (1) Subject to the provisions of this Act, the unpaid seller s right of lien or stoppage in transit is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented thereto: Provided that where a document of title to goods has been issued or lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes the document i n good faith and for consideration, then, if such last mentioned transfer was by way a sale, the unpaid seller s right of lien or stoppage in transit is defeated, and, if such last mentioned transfer was by way of pledge or other disposition for value, the unpaid seller s right of lien or stoppage is transit can only be exercised subject to the rights of the transferee. (2) Where the transfer is by way of pledge, the unpaid seller may require the pledgee to have the amount secured by the pledge satisfied in the first instance, as far as possible, out of any other goods or securities of the buyer in the hands of the pledgee and available against the buyer 54. Sale not generally rescinded by lien or stoppage in transit. (1) Subject to the provisions of this se ction, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit. (2) Where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in t ransit gives notice to the buyer of his intention to re -sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, re -sell the goods within a reasonable time and recover from the original buyer damages for any loss occasioned by his breach of contract, but the buyer shall not be entitled to any profit which may occur on the re -sale. If such notice is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the pro fit, if any, on the re -sale. (3) Where an unpaid seller who has exercised his right of lien or stoppage in transit re -sells the goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the re-sale has been given to the original buyer. (4) Where the seller expressly reserves a right of re -sale in case the buyer should make default, and, on the buyer making default, re -sells the goods, the original contract of sale is thereby rescinded, but without prejudice to any claim which the seller may have for damages. CHAPTER VI SUITS FOR BREACH OF THE CONTRACT 55. Suit for price. (1) Where under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may sue him for the price of the goods. 14 (2) Where under a contract of sale the price is payable on a day certain irrespective of delivery and the buyer wrongfully neglects or r efuses to pay such pirce, the seller may sue him for the price although the property in the goods has not passed and the goods have not been appropriated to the contract. 56. Damages for non -acceptance. Where the buyer wrongfully neglects or refuses to acc ept and pay for the goods, the seller may sue him for damages for non -acceptance. 57. Damages for non -delivery. Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non -delivery. 58. Specific performance. Subject to the provisions of Chapter II of the Specific Relief Act, 1877 (1 of 1877), in any suit for breach of contract to deliver specific or ascertained goods, the Court may, if it thinks fit, on the application of the plaintiff, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. The decree may be unconditional, or upon such terms and conditions as to damages, payment of the price or otherwise, as the Court may deem just, and the application of the plaintiff may be made at an y time before the decree. 59. Remedy for breach of warranty. (1) Where there is a breach of warranty by file seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to rej ect the goods; but he may (a) set up against the seller the breach of warranty in diminution or extinction of the price; or (b) sue the seller for damages for breach of warranty. (2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price do es not prevent him from suing for the same breach of warranty if he has suffered further damage. 60. Repudiation of contract before due date. Where either party to a contract of sale repudiates the contract before the date of deli very, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach. 61. Interest by way of damages and special damages. (1) Nothing in this Act shall affect the right of the seller or the buyer to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover the money paid where the consideration for the payment of it has failed. (2) In the absence of a contract to the contrary, the Court may award interest at such rate as it thinks fit on the amount of the price (a) to the seller in a suit by him for the amount of the price from the date of the tender of the goods or from the dat e on which the price was payable; (b) to the buyer in a suit by him for the refund of the price in a case of a breach of the contract on the part of the seller from the date on which the payment was made. CHAPTER VII MISCELLANEOUS 62. Exclusion of implied terms and conditions. Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage is such as t o bind both parties to the contract. 63. Reasonable time a question of fact. Where in this Act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact. 15 64. Auction sale. In the case of a sale by auction (1) Where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (2) the sale is complete when the auctioneer announces its completion by the fall of the ha mmer or in other customary manner; and, until such announcement is made, any bidder may retract his bid; (3) a right to bid may be reserved expressely by or on behalf of the seller and, where such right is expressly so reserved, but not otherwise, the seller or any one person on his behalf may, subject to the provisions hereinafter contained, bid at the auction; (4) where the sale is not notified to be subject to a right to bid on behalf

fter contained, bid at the auction; (4) where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sal e, or for the auctioneer knowingly to take any bid from the seller or any such person; and any sale contravening this rule may be treated as fraudulent by the buyer; (5) the sale may be notified to be subject to a reserved or upset, price; (6) if the selle r makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer. 1[64A. In contracts of sale, amount of increased or decreased taxes to be added or deducted . (1) Unless a different intention appears from the terms of the contract, in the event of any tax of the nature described in sub -section ( 2) being imposed, increased, decreased or remitted in respect of any goods after the making of any contract for the sale or purchase of such goods without stipulation as to the p ayment of tax where tax was not chargeable at the time of the making of the contract, or for the sale or purchase of such goods tax -paid where tax was chargeable at that time, (a) if such imposition or increase so takes effect that the tax or increased t ax, as the case may be, or any part of such tax is paid or is payable, the seller may add so much to the contract price as will be equivalent to the amount paid or payable in respect of such tax or increase of tax, and he shall be entitled to be paid and t o sue for and recover such addition; and (b) if such decrease or remission so takes effect that the decreased tax only, or no tax, as the case may be, is paid or is payable, the buyer may deduct so much from the contract price as will be equivalent to the decrease of tax or remitted tax, and he shall not be liable to pay, or be sued for, or in respect of, such deduction. (2) The provisions of sub -section ( 1) apply to the following taxes, namely: (a) any duty of customs or excise on goods; (b) any tax on the sale or purchase of goods.] 65. [Repeal .] Rep. by the Repealing Act , 1938 (1 of 1938), s. 2 and Sch . 66. Savings. (1) Nothing in this Act or in any repeal effected thereby shall affect or be deemed to affect (a) any right, title, interest, obligatio n or liability already acquired, accrued or incurred before the commencement of this Act, or (b) any legal proceedings or remedy in respect of any such right, title, interest, obligation or liability, or (c) anything done or suffered before the commencement of this Act, or (d) any enactment relating to the sale of goods which is not expressly repealed by this Act, or (e) any rule of law not inconsistent with this Act. 1. Subs. by Act 33 of 1963, s. 5, for section 64A (w.e.f. 22 -9-1963). Earlier it was inserted by Act 41 of 1940 , s 2. 16 (2) The rules of insolvency relating to contracts for the sale of goods shall continue to apply thereto, notwithstanding anything contained in this Act. (3) The provisions of this Act relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to opera te by way of mortgage, pledge, charge or other security. _______

THE HINDU SUCCESSION ACT, 1956 ACT NO. 30 OF 19561 [17th June , 1956.] An Act to amend and codify the law relating to int estate succession among Hindus. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title and extent .(1) This Act may be called the Hindu Succession Act, 1956. (2) It extends to the whole of India 2***. 2. Application of Act .(1)This Act applies (a) to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the B rahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein i f this Act had not been passed. Explanation .The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be: (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; (c) any person who is a convert or reconvert to the Hindu, Bu ddhist, Jaina or Sikh religion. (2) Notwithstanding anything contained in sub -section ( 1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause ( 25) of article 366 of the Constitution unless the Central Government, by notification in the Offic ial Gazette, otherwise directs. (3) The expression Hindu in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. 3. De finitions and interpretation .(1)In this Act, unless t he context otherwise requires, (a) agnate one person is said to be an agnate of another if the two are related by blood or adoption wholly through males; (b) aliyasantana law means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Aliyasantana A ct, 1949, (Madras Act 9 of 1949 ) or by the customary aliyasantana law with respect to the matters for whic h provision is made in this Act; 1. The Act hasbeen extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule and to Pondicherry by Reg. 7 of 1963, s. 3 and First Schedule. 2. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019). 4 (c) cognate one person is said to be a cognate of another if the two are related by blood or adoptio n but not wholly through males; (d) the expressions custom and usage signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy: and Provided further that in the case of a rule applicable only to a family it has not b een discontinued by the family; (e) full blood half blood and uterine blood (i) two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife, and by half blood when they are descended from a common ances tor but by different wives; (ii)two persons are said to be relate d to each other by uterine blood when they are descended from a common ancest ress but by different husbands; Explanation .In this clause ancestor includes the father and ancestress the mother ; (f) heir means any person, male or female, who is entitled to succeed to the property of an intestate under this Act; (g) intestate a person is deemed to die intestate in respect of property of which he or she has not made a testa mentary dispo sition capable of t aking effect; (h) marumakkattayam law means the system of law appli cable to persons (a)who, if this Act had not been passed, would have been governed by the Madras Marumakkattayam Act, 1932 (Madras Act 22 of 1933 ); the Travancore Nayar Act (2 of 1100K ); the Travancore Ezhava Act (3 of 1100K ); the Travancore Nanjinad Vellala Act (6 of 1101K ); the Travancore Kshatriya Act (7 of 1108K ); the Travancore Krishnanvaka Marumak kathayee (Act 7 of 1115K ); the Cochin Marumak kathayam Act (33 of 1113K ); or the Coch in Nayar Act (29 of 1113K ); with respect to the matters for whic h provision is made in this Act; or (b) who belong to any community, the members of which are largely domiciled in the State of Travancore Cochin or Madras 1[as it existed immediately before the 1st November, 1956], and who, if this Act had not been passed, would have been governed with respect to the matters for which provision is made in this Act by any system of inheritance in which descent is traced through the female line; but does no t include the aliyasantana law; (i) nambudri law means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Nambudri Act, 1932 Madras Act (21 of 1933 ); the Cochin Nambudri Act (17 of 111K ); or t he Travancore Malayala Brahmin Act (3 of 1106K ); with respect to the matters for which provision is made in this Act; (j) related means related by legitimate kinship: Provided that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be rel ated to them and to one another ; and any word expressing relationship or denoting a relative shall be const rued accordingly. (2) In this Act, unless the context otherwise requires, w ords importing the masculine gender shall n ot be taken to include females. 1. Ins. by the Adaptation of Laws (No. 3) Order, 1956. 5 4. Over riding effect of Act .(1) Save as otherwise expressly provided in this Act, (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for whic h provision is made in this Act; (b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the pr ovisions contained in this Act. 1* * * * * CHAPTER II INTESTATE SUCCESSION General 5. Act not to apply to certain properties .This Act shall not apply to (i) any property succession to which is regulated by t he Indian Succession Act, 1925 ( 39 of 1925 ), by reason of the provisions contained in section 21 of the Special M arriage Act, 1954 (43 of 1954); (ii) any estate which descends to a single heir by the terms of any covenant or agreement entere d into by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed befo re the commencement of this Act; (iii) the Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board by reason of the powers conferred by Proclamation (IX of 1124) dated 29th June, 1949, promulg ated by the Maharaja of Cochin. 2[6. Devolut ion of interest in coparcenary property .(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005) , in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall, (a) by birth become a coparcener in her own r ight the same manner as the son; (b) have the same rights in the coparcener y property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcener y property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub -section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004. (2) Any property to which a female Hindu becomes entitled by virtue of sub -section ( 1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other la w for the time being in force , as property capable of being disposed of by her by testamentary disposition. (3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005) , his i nterest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcener y property shall be deemed to have been div ided as if a partition had taken place and, (a) the daughter is allotted the same share as is allotted to a son; 1. Omitted by Act 39 of 2005, s. 2 (w.e.f. 9 -9-2005). 2. Subs. by s. 3, ibid., for section 6 (w.e.f. 9 -9-2005). 6 (b) the share of the pre -deceased son or a pre -deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre -deceased son or of such pre -deceased daughter; and (c) the share of the pre -deceased child of a pre -deceased son or of a pre -deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre -deceased child of the pre -deceased so n or a pre -deceased da ughter, as the case may be. Explanation .For the purposes of this sub -section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. (4) After the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005) , no court shall recogni se any right to proceed against a son, grandson or great -grandson for the recovery of any debt due from h is father, grandfather or great -grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great -grandson to discharge any such debt: Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005) , nothing contained in this sub -section shall affect (a) the right of any creditor to proceed again st the son, grandson or great -grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 (39 of 2005) had not been enacted. Explanation .For the purposes of clause ( a), the expression son, grandson or great -grandson shall be deemed to refer to the son, grandson or great -grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005) . (5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004 Explanation .For the purposes of this section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.] STATE AMENDMENTS Karnataka . Insertion of new sections in Central Act 30 of 1956. In the Hindu Succession Act, 1956 (Central Act 30 of 1956) after section 6, the following sections shall be inserted, namely: 6A. Equal rights to daughter in co -parcenary property. Notwithstanding anything cont ained in section 6 of this Act, (a) in a joint Hindu family governed by Mitakshara law, the daughter of a co -parcener shall by birth become a co -parcener in her own right in the same manner as the son and have the same rights in the co -parcenary property as she would have had if she had been a son inclusive of the right to claim by surv ivorship and shall be subject to the same

she would have had if she had been a son inclusive of the right to claim by surv ivorship and shall be subject to the same liabilities and disabilities in respect thereto as the son; (b) at a partition in such Joint Hindu Family the co -parcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son: Provided that the share which a predeceased son or a predeceased daughter would have got at the partition if he or she had been alive at the time of the partition, shall be allotted to the surviving child of such predeceased son or of such predeceased daughter: 7 Provided further that the share allotable to the predeceased child of the predeceased son or of a predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such predeceased child of the pr edeceased son or of such predeceased daughter, as the case may be; (c) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (a) shall be held by her with the incidents of co -parcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; (d) nothing in clause (b) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of Hindu Succession (Karnataka Amendment) Act, 1990. 6B. Interest to de volve by survivorship on death .When a female Hindu dies after the commencement of the Hindu Succession (Karnataka Amendme nt) Act, 1990, having at the time of her death an interest in a Mitakshara co -parcenary property, her interest in the property shall devolve by survivorship upon the surviving members of the co -parcenary and not in accordance with this Act: Provided that i f the deceased had left any child or child of a pre -deceased child, the interest of the deceased in the Mitakshara co -parcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship. Explanation .(1) For the purposes of this section the interest of female Hindu Mitakshara co- parcener shall be deemed to be the share in the property that would have been allotted to her if a partition of the property had taken place immediately before her death, irrespective of whether she was entitled to claim partition or not. (2) Nothing c ontained in the proviso to this section shall be construed as enabling a person who, before the death of the deceased had separated himself or herself from the co -parcenary, or any of his or her heirs to claim on intestacy a share in the interest referred to therein. 6C. Preferential right to acq uire property in certain cases .(1) Where, after the commencement of Hindu Succession (Karnataka Amendment) Act, 1990 an interest in any immovable property of an intestate or in any business carried on by him or her, whether solely or in conjunction with others devolves under sections 6A or 6B upon two or more heirs and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acq uire the interest proposed to be transferred. (2) The consideration for which any interest in the property of the deceased may be transferred under sub-section (1) shall, in the absence of any agreement between the parties, be determined by the court, on application, being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incidental to the application. (3) If ther e are two or more heirs proposing to acquire any interest under, this section, that heir who offers the highest consideration for the transfer shall be preferred. Explanation .In this section 'Court' means the court within the limits of whose jurisdiction the immoveable property is situate or the business is carried on, and includes any other court which the State Government may by notification in the official Gazette specify in this behalf.] [Vide Karnataka Act 2 3 of 1994 , sec. 2]. 7. Devolution of interest in the property of a tarwad, tav azhi, kutumba, kavaru or illom .(1)When a Hindu to whom the marumakkattayam or nambudri law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an interest in the property of a tarwad , tavazhi or illom , as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the marumakkattayam or nambudri law. Explanation .For the purposes of this sub -section, the interest of a Hindu in the property of a tarwad, tavazhi or illom shall be deemed to be the share in the property of the tarwad, tavazhi or illom , as 8 the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all t he members of the tarwad, tavazhi or illom , as the case may be, then living, whether he or she was entitled to claim such partition or not under the marumakkattayam or nambudri law applicable to him or her, and such share shall be deemed to have been allotted to him or her absolutely. (2) When a Hindu to whom the aliyasantana law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an undivided interest in the property of a kutumba or kavaru , as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not acc ording to the aliyasantana law. Explanation .For the purposes of this sub -section, the interest of a Hindu in the property of a kutumba or kavaru shall be deemed to be the share in the property of the kutumba or kavaru , as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of the kutumba or kavaru , as the case may be, then living, whether he or she was entitled to claim such partition or not under the aliyasantana law, and such share shall be deemed to have been all otted to him or her absolutely. (3) Notwithstanding anything contained in sub -section ( 1), when a sthanamdar dies after the commencement of this Act, the sthanam property held by him shall devolve upon the members of the family to which the sthanamdar belonged and the heirs of the sthanamdar as if the sthanam property had been divided per capita immediately before the death of the sthanamdar among himself and all the members of his family then living,, and the shares falling to the members of h is family and the heirs of the sthanamdar shall be held by t hem as their separate property. Explanation .For the purposes of this sub -section, the family of a sthanamdar shall include every branch of that family, whether divided or undivided, the male memb ers of which would have been entitled by any custom or usage to succeed to the position of sthanamdar if this Ac t had not been passed. 8. General rules of s uccession in the case of males .The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter: (a) firstly, upon the heirs, being the relatives speci fied in class I of the Schedule; (b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specif ied in class II of the Schedule; (c) thirdly, if there is no heir of any of the two classes, then u pon the agnates of the deceased ; and (d) lastly, if there is no agnate, then upo n the cognates of the deceased. 9. Order of successi on among heirs in the Schedule .Among the heirs specified in the Schedule, those in class I shall take simultaneously and to t he exclusion of all other heirs ; those in the first entry in class II shall be preferr ed to those in the second entry ; those in the second entry shall be prefer red to those in the third entry ; and so on in succession. 10. Distribution of property among he irs in class I of the Schedule .The property of an intestate shall be divided among the heirs in class I of the Schedule in accord ance with the following rules: Rule 1.The intestate s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.The heirs in the branch of each pre -deceased son or ea ch pre -deceased daughter of the intestate sha ll take between them one share. Rule 4 .The distribution of th e share referred to in Rule 3 9 (i) among the heirs in the branch of the pre -decease d son shall be so made that his widow (or widows together ) and the surviving sons a nd daughters get equal portions ; and the branch of his pre-decea sed sons gets the same portion; (ii) among the heirs in the branch of the pre -deceased daughter shall be so made that the surviving sons an d daughters get equal portio ns. 11. Distribution of property among hei rs in class II of the Schedule .The property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that th ey, share equally. 12. Order of succes sion among agna tes and cognates .The order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preferenc e laid down hereunder: Rule 1.Of two heirs, the one who has fewer or no degrees of ascent is preferred. Rule 2.Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent. Rule 3.Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2 they take simultaneously. 13. Computation of degrees .(1) For the purposes of determining the order of succession among agnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of desce nt or both, as the case may be. (2) Degrees of ascent and degrees of descent shall be compu ted inclusive of the intestate. (3) Every generation constitutes a degree either ascending or descending. 14.Property of a female Hin du to be her absolute property .(1)Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner ther eof and not as a limited owner. Explanation .In this sub -section, property includes both mov able and immovable property acquired by a fema le Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescr iption, or in any other manner whatsoever, and also any such property held by her as stridhana immediately befor e the commencement of this Act. (2) Nothing contained in sub -section ( 1) shall apply to any pro perty acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restrict ed estate in such property. 15. General rules of succession in the case of female Hindus .(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16, (a) firstl y, upon the sons and daughters (including the children of any pre -deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband; (c) thirdly, upon the mother and father; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the mother. (2) Notwithstanding anything conta ined in sub -section ( 1), (a) any property inheri ted by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre -deceased son or daughter) not upon the other heirs referred in sub -section ( 1) in the order specified therein, but upon the heirs of the father; and (b) any property inherited by a female Hindu from her husband or fro m her father -in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub -section ( 1) in the order specified therein , but upon the heirs of the husband. 10 STATE AMENDMENT Kerala. Amendment of section 15 .In the Hindu Succession Act, 1956 (Central Act 30 of 1956), in section 15, after clause (b) of sub -section (2), the following clause shall be inserted, namely: (c) any property inherited by a female Hindu from her pre -deceased son shall devolve, not upon the other heirs referred to in sub -section (1) in the order specified t herein, but upon the heirs of the pre - deceased son from whom she inherited the property. [Vide Kerala Act 17 of 2016 , sec. 2]. 16. Order of succession and manner of distribution among heirs of a female Hindu .The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate s property among those heirs shall take place according t o the following rules, namely: Rule 1.Among the heirs specified in sub -section ( 1) of section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same e ntry shall take simultaneously. Rule 2.If any son or daughter of the intestate had pre -deceased the intestate leaving his or her own children alive at the time of the intestate s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if l iving at the intestate

children of such son or daughter shall take between them the share which such son or daughter would have taken if l iving at the intestate s death. Rule 3.The devolution of the property of the intestate on the heirs referred to in clauses ( b), (d) and (e) of sub -section (1) and in sub-section ( 2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father s or the mother s or the husband s as the case may be, and such person had died intestate in respect thereof immediate ly after the intestate s death. 17. Special provisions respecting persons governed by marumak kattayam and atiyasantana laws .The provisions of sections 8, 10, 15 and 23 shall have effect in relation to persons who would have been governed by the marumakkattayam law or aliyasantana law if this Act had not been passed as if (i) for sub -clauses ( c) and ( d) of section 8, the followi ng had been substituted, namely: (c) thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnates or cognates. ; (ii) for clauses ( a) to ( e) of sub -section ( 1) of section 15, the followi ng had been substituted, namely : (a) firstly, upon the sons and daughter s (including the children of any pre -deceased son or daughter) and the mother; (b) secondly, upon the father and the husband; (c) thirdly, upon the heirs of the mot her; (d) fourthl y, upon the heirs of the father; and (e) lastly, upon the heirs of the husban d.; (iii) clause ( a) of sub -section ( 2) of section 15 had been omitted; (iv) section 23 had been omitted. General pr ovisions relating to succession 18. Full blood preferred to half blood .Heirs related to an intestate by full blood shall be preferred to heirs related by half blood, if the nature of the relationship is t he same in every other respect. 19. Mode of s uccession of two or more heirs .If two or more heirs succeed together to the property of an intestate, they shall take the property, (a) save a s otherwise expressly provided in this Act, per capita and not per stirpes ; and (b) as tenants -in-commo n and not as joint tenants. 20. Right of child in womb .A child who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had been born before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate. 21. Presumption i n cases of simultaneous deaths .Where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other, then, for all purposes 11 affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder. 22. Preferential right to acq uire property in certain cases .(1) Where, after the commencement of this Act, an interest in any immova ble property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others, devolves upon two or more heirs specified in class I of the Schedule, and any one of such heirs proposes to transfer his or her interes t in the property or business, the other heirs shall have a preferential right to acquire the inter est proposed to be transferred. (2) The consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any pe rson proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application. (3) If there are two or more heirs specified in class I of the Schedule proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred. Explanation .In this section, court means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on, and includes any other court which the State Government may, by notification in the Official G azette, specify in this behalf. 23. [Special provision respecting dwelling -houses. ]Omitted by the Hindu Succession (Amendment) Act, 2005 (39 of 2005 ), s. 4 (w.e.f. 9-9-2005 ). 24. [Certain windows re -marry ing may not inherit as windows .]Omitted by s. 5, ibid. (w.e.f. 9-9- 2005 ). 25. Murderer disqualified .A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abette d the commission of the murder. 26. Converts descendants disqualif ied.Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the proper ty of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens. 27. Succession when heir disqualified .If any person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate. 28. Disease, defect, etc., not to disqualify .No person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Act, on any other ground whatsoever. Escheat 29. Failure of heirs .If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which a n heir would have been subject. STATE AMENDMENTS Tamil Nadu In the Hindu Succession Act, 1956 (hereinafter referred to as the principal act), after chapter II, the following chapter shall be inserted, namely: -- 12 "CHAPTER II -A, Succession by survivorship. 29-A. Equal rights to daughter in coparcenary property .Notwithstanding anything contained in section 6 of this Act, -- (i) in a Joint Hindu Family governed by Mitakshara Law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as a son and have the same rights in the coparcenary property as she would have had if she had been a son, inclusive of the right to claim by survivor ship; and shall be subject to the same liabilities and disabilities in respect thereto as the son; (ii) at a partition in such a Joint Hindu Family the coparcenary property shall be so divided as to allot to a daughter the same share as is allotable to a s on: Provided that the share which a pre -deceased son or a pre -deceased daughter would have got at the partition if he or she had been alive at the time of the partition shall be allotted to the surviving child of such pre -deceased son or of such pre -deceas ed daughter: Provided further that the share allotable to the pre -deceased child of a predeceased son or of a pre-deceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such pre -deceased child of the predeceased son or of the pre -deceased daughter, as the case may be; (iii) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (i) shall be held by her with the incidents of coparcenary ownership and shall be regard ed, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; (iv) nothing in this Chapter shall apply to a daughter married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989; (v) nothing in clause (ii) shall apply to a partition which had been effected before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) A ct, 1989. 29-B. Interest to devolve by survivorship on death .When a female Hindu dies after the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989, having, at the time of her death, an interest in a Mitakshara coparcenary property by virtue of the provisions of section 29 -A, her interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act: Provided that if the deceased had left any chil d or child of a pre -deceased child, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship. Explanation I. --For the purposes of t his section, the interest of a female Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to her if a partition of the property had taken place immediately before her death, irrespective of whether she was entitled to claim partition or not. Explanation II. --Nothing contained in the proviso to this section shall be construed as enabling a person who, before the death of the deceased, had separated himself or herself from the coparcenary or any of his or her heirs to claim on intestacy a share in the interest referred to therein. 13 29-C. Preferential right to acquire property in certain cases .--(1) Where, after the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989, an interest in any immovable property of an intestate or in any business carried on by him or her, whether solely or in conjunction with others, devolves under section 29 -A or section 29 -B upon two or more heirs, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. (2) The consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, su ch person shall be liable to pay all costs of, or incidental to, the application. (3) If there are two or more heirs proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred. Explanation. --In this section "court" means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on and includes any other court which the State Government may, by notification in the Tamil Nadu Gove rnment Gazette, specify in this behalf.".] [Vide Tamil Nadu Act 1 of 1990, s. 2] CHAPTER III TESTAMENTARY SUCCESSION 30. Testamentary succession .1*** Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so 2[disposed of by him or by her] , in accordance with the provisions of t he Indian Succession Act, 1925 (39 of 1925 ), or any other law for the time being in force and applicable to Hindus. Explanation .The interest of a ma le Hindu in a Mitakshara copar cenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom , kutumba or kavaru shall, notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this 3[section.] 4* * * * * CHAPTER IV REPEALS 31. [Repeals .]Rep. by the Repealing and Amending Act , 1960 (58 of 1960 ), s.2 and the First Schedule (w.e.f. 26-12-1960 ). 1. The brackets and figure ( 1) omitted by Act 58 of 196 0, s. 3 and the Second Schedule (w.e.f. 26 -12-1960). 2. Subs. by Act 39 of 2005, s. 6, for disposed of by him (w.e.f. 9 -9-2005). 1. Subs. by Act 56 of 1974, s. 3 and the Second Schedule for sub -section (w.e.f. 20 -12-1974 ). 2. Omitted b y Act 78 of 1956, s. 29 (w.e.f. 21 -12-1956 ). 14 15 THE SCHEDULE (See section 8) HEIRS IN CLASS I AND CLASS II Class I Son; daughter; widow ; mother; son of a pre -deceased son; daughter of a pre -deceased son ; son of a pre-deceased daughter ; daughter of a pre -deceased daughter; widow of a pre -deceased son; son of a pre-deceased son of a pre -deceased son; daughter of a pre -deceas ed son of a pre -deceased son; widow of a pre -deceased son of a pre -deceased son 1[son of a predeceased daughter of a pre -deceased daughter; daughter of a pre -deceased daughter of a pre -deceased daughter; daughter of a pre -

deceased daughter; daughter of a pre -deceased daughter of a pre -deceased daughter; daughter of a pre -deceased son of a pre-deceased da ughter; daughter of a pre -deceased daughter of a pre -deceased son]. Class II I. Father. II. (1) Son s daughter s son, (2) sons daughter s dau ghter, (3) brother, (4) sister. III. (1) Daughter s son s son, (2) daughter s son s daughter, (3) daughter s daughters son, (4) daughter s daughte rs daughter. IV. (1) Brother s son, (2) sister s son, (3) brother s daughter , (4) sister s daughter. V. Father s father ; father s mother. VI. F ather s widow; brother s widow. VII. Fath ers brother ; father s sister. VIII. Mother s father; mother s mother. IX. Moth ers brother ; mother s sister. Explanation .In this Schedule , references to a brother or sister do not include references to a brother or sister by uterine blood. 1. Added by Act 39 of 2005, s. 7 (w.e.f. 9 -9-2005).

THE TRANSFER OF PROPERTY ACT, 1882 ACT NO. 4 OF 1882 [17th February, 1882.] An Act to amend the law relating to the Transfer of Property by act of Parties. Preamble .WHEREAS it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties; It is hereby enacted as follows: CHAPTER I PRELIMINARY 1. Short title. This Act may be called the Transfer of Property Act, 1882. Commencement. It shall come into force on the first day of July, 1882. Extent .1[It extends2 in the first instance to the whole of India. except 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of], Bombay, Punjab and Delhi.] 4[But this Act or any part thereof may by 5notification in the Official Gazette be extended to the whole or any part of 6[the said territories] by the State Government concerned.] 7[And any State Government may 8*** from time to time, by notification in the Official Gazette, exempt, either retrospectively or prospectively, any part of the territories administere d by such State Government from all or any of the following provisions, namely: Sections 54, paragraphs 2 and 3, 59, 107 and 123.] 1. Subs. by the A.O. 1950, for the third paragraph. 2. The application of this Act was barred in the Naga Hills District, including the Mokokchung Sub -division, the Dibrugarh Frontier Tract, the North Cachar Hills, the Garo Hills, the Khasi and Jantia Hills and the Mikir hills Tract, by notification under s. 2 of the Assa m Frontier Tracts Regulation, 1880 ( Reg. 2 of 1880). Partially extended to Berar by Act 4 of 1941. Extended to Manipur by Act 68 of 1956; to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I; to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch.; to Lakshadweep by Reg. 8 of 1965, s. 3 and Sch., to Pondicherry by Act 26 of 1 968, s. 3 and Sch. It has been amended to Bombay by Bombay Act 14 of 1939, 57 of 1959, in U.P. by U.P. Act 24 of 1954, 14 of 1970 and 57 of 1976. Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and Fifth Schedule (w .e.f. 31 -10-2019). 3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for Part B States . 4. Subs. by the A.O. 1937, for the original paragraph. 5. The Act has been extended to The Presidency of Bombay (except Scheduled Districts) w.e.f. 1 -1-1893; to Mehwassi Estate by Born. Reg. 1 of 1949; and to former princely area w.e.f. 1 -4-1951; now applicable to whole of Maharashtra; Gujarat (Saurashtra area) by Saurashtra Ordinance 25 of 1949, and to Kutch area w.e.f. 1-1-1950. Madhya Pradesh: Mysore, w.e.f. 1 -4-1951; Rajasthan, w.e.f. 1 -7-1952; the former State of Travancore -Cochin, w.e.f. 1 -5-1952, now applicable to whole of Kerala. The provisions o( sections 54, 107 and 123 were extended to Delhi, w.e.f. 30 -5-1939. Section 129 was extended to certain areas of Delhi w.e.f. 16 -11-1940 and to the remaining areas w.e.f. 1 -12-1962. the remaining provisions were also extended to the Union territory of Delhi w.e.f. 1 -12-1962; Himachal Pradesh, w.e.f. 7 -12-1970: Punjab, w.e.f. 1 -4-1955 and to former princely area w.e.f. 15 -5-1957. (Section 59 was enforced in Haryana area, w.e.f. 5 -8-1967). The Act has been declared in force in the Pargana of Manpur by the Manpur Law Regulation, 1926 ( Reg. 2 of 1926), in Panth Piploda by the Panth Piploda Laws Regulation, 1929 ( Reg. 1 of 1929) , and in the State of Sikkim on 1.9.1984 vide Notification No. S.O. 643(E), dated 24 -8-1984, Gazette of India, Extraordinary, Pt. II, sec. 3(0. The Act has been repealed as to Government Grants by the Government Grants Act, 1895 (15 of 1895). The Act has been repealed or modified to the extent necessary to give effect to the provisions of Madras Act 3 of 1922, in the City of Madras see s. 13 of Madras Act 3 of 1922. 6. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for said States . 7. Subs. by Act 3 of 1885, s. 1, for the original paragraph. 8. The words with the previous sanction of the Governor General in Council omitted by Act 38 of 1920, s. 2 and the Schedule . 8 1[Notwithstanding anything in the foregoing part of this section, sections 54, paragraphs 2 and 3, 59, 107 and 123 shall not extend or be extended to any district or tract of country for the time being excluded from the operation of the Indian Registration Act, 2[1908 (16 of 1908)], under the power conferred by the first section of that Act or otherwise.] 2. Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc. In the territories to which this Act extends for the time being the enactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing herein contained shall be deemed to affect (a) the provisions of any enactment not he reby expressly r epeal ed: (b) any terms or incidents of any contract or constitution of property which ar e consistent with the provisions of this Act, and ar e allowed by the law for the time being in force : (c) any right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability : or (d) save as provided by section 57 and Chapter IV of this Act, any transfer by operation of law or b y, or in execution of, a decree or order of a Court of competent jurisdiction : and nothing in the second chapter of this Act shall be deemed to affect any rule of 3*** Muhammadan 4*** law. 3. Interpretation -clause .In this Act, unless there is something repugnant in the subject or context, immoveable property does not include standing timber, growing crops or grass : instrument , means a non -testamentary instrument : 5[attested , in relation t o an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the dir ection of the executant, or has received from the executant a personal acknowledgement of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be nece ssary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary :] registered means registered in 6[7[any part of the territories] to which this Act extends] under the law8 for the time being in force regulating the registration of documents : attached to the earth means (a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in the earth, as in the case of walls or buildings; or (c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached : 9[actionable claim means a claim to any debt, other than a debt secured by mortgage of 1. Added by Act 3 of 1885, s. 2 (w.e.f. 1 -7-1882). 2. Subs. by Act 20 of 1929, s. 2, for 1877. 3. The word Hindu omitted by s. 3, ibid. 4. The words or Buddhist omitted by s. 3, ibid. 5. Ins. by Act 27 of 1926, s. 2, as amended by Act 10 of 1927, s. 2 and Sch. I. 6. Subs. by Act 3 of 1951, s. 3 and the Schedule, for a Part A State or a Part C State (w.e.f. 1 -4-1951). 7. Subs. by the Adaptation of Laws (No. 2) Order 1956, for any State. 8. See the Indian Registration Act, 1908 (16 of 1908). 9. Ins. by Act 2 of 1900 , s. 2. 9 immoveable property or by hypothecation or pledge of moveable property, or to any benefic ial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accuring, conditional or contingent :] 1[a person is said to have notice ] of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation I.Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instr ument as from the date of registration or, 2[where the property is not all situated in one sub -district, or where the registered instrument has been registered under sub -section ( 2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub -Registrar within whose sub -district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situate d]: Provided that (1) the instrument has been registered and its registration completed in the manner prescribed by the Indian Registration Act, 1908 (16 of 1908) and the rules made thereunder, (2) the instrument 3[or memorandum] has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and (3) the particulars regarding the transaction to which the instrument relates have been correctly entered in the indexes kept under section 55 of that Act. Explanation II.Any person acquiring any immoveable property or any share or interest in any such property shall be deemed to have notice of the title, if any, of any person who is for the time being in actual possession thereof. Explanation III.A person shall be deemed to h ave had notice of any fact if his agent acquires notice thereof whilst acting on his behalf in the course of business to which that fact is material: Provided that, if the agent fraudulently conceals the fact, the principal shall not be charged with notice thereof as against any person who was a party to or otherwise cognizant of the fraud.] 4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. The chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872 (9 of 1872) . 4[And sections 54, paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the Indian Registration Act , 5[1908 (16 of 1908 )].] 1. Subs. by Act 20 of 1929, s. 4, for certain words. 2. Subs. by Act 5 of 1930, s. 2, for certain words. 3. Ins. by s. 2, ibid. 4. Added by Act 3 of 1885, s. 3. 5. Subs. by Act 20 of 1929, s. 5, for 1877 . 10 CHAPTER II1 OF TRANSFERS OF PROPERTY BY ACT OF PARTIES (A) Transfer of Property, whether moveable or immoveable 5. Transfer of property defined .In the following sections transfer of property means an act by which a liv ing person conveys property, in present or in future, to one or more other living persons, or to himself, 2[or to himself] and one or more other living persons; and to transfer property is to perform such act. 3[In this section living person includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.] 6. What may be transferred .Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force . (a

any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force . (a) The chance of an heir -apparent succeeding to an estate, the chance of a relation obtaining a legac y on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred. (b) A mere right of re -entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby. (c) An easement cannot be transferred apart from the dominant heritage. (d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him. 4[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred .] (e) A mere right to sue 5***cannot be transferred. (f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable. (g) Stipends allowed to military 6[,naval], 7[air-force] and civil pensioners of 8[Government] and political pensions cannot be transferred. (h) No transfer can be made ( 1) in so far as it is opposed to the nature of the interest affected thereby, or (2) 9[for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872), or (3) to a person legally disqualified to be transferee]. 10[(i) Nothing in this section shall be deemed to authori se a tenant having an untr ansferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.] 7. Persons competent to transfer. Every person competent to contract and entitled to transferable property, or authori sed to dispose of transferable property not his own, is competent to transfer such property either wholly or in part and either absolutely or conditi onally, in the circumstances, to the extent and in the manner, allowed and prescribed by any law for the time being in force. 1. Nothing in Chapter II is to be deemed to affect any rule of Muhammadan Lawsee s. 2, supra 2. Ins. by Act 20 of 1929, s. 6. 3. Added by s. 6, ibid. 4. Ins. by s. 7, ibid. 5. The words for compensation for a fraud or for harm illegally caused omitted by Act 2 of 1900, s. 3. 6. Ins. by Act 35 of 1934, s. 2 and the Schedule . 7. Ins. by Act 10 of 1927, s. 2 and the First Schedule. 8. The word Government successively adapted by the A.O. 1937 and A.O. 1950 to re ad as above. 9. Subs. by Act 2 of 1900, s. 3, for for an illegal purpose. 10. Added by Act 3 of 1885, s. 4. 11 8. Operation of transfer. Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents thereof. Such incidents include, where the property is land, the easements annexed thereto, the rents and profits there of accruing after the transfer, and all things attached to the earth; and, where the property is machinery attached to the earth, the moveable parts thereof; and, where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows and all other things provided for permanent use therewith; and, where the property is a debt or other actionable claim, the securities therefor (except where they are also for other debts or claims n ot transferred to the transferee), but not arrears of interest accrued before the transfer; and, where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect. 9. Oral transfer. A transfer of property may be made without writing in every case in which a writing is not expressly required by law. 10. Condition restraining alienation .Where property is transferred subject to a condition or limitation absolutely restraining the transfer ee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him: provide d that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein. 11. Restriction repugna nt to interest created. Where, on a transfer of property, an interest ther ein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receive and dispose of such interest as if there were no such direction. 1[Where any such direction has been made in respect of one piece of immoveable property for the purpose of securing the beneficial enjoyment of another piece of such property, nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof.] 12. Conditi on making interest determinable on insolvency or attempted alie nation. Where property is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit of any person, to cease on his becoming insolvent or endeavouring to transfer or dispose of the same, such cond ition or limitation is void. Nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him. 13. Transfer for benefit of unborn person. Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property. 1. Subs. by Act 20 of 1929, s. 8, for the second paragraph. 12 Illustration A transfers property of which he is the owner to B in trust for A and his intended wife succesively for their lives, and, aft er the death of the survivor for the eldest son of the intended marriage fo r life, and after his death for A's second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A's remaining inte rest in the property. 14. Rule against perpetuity .No transfer of p roperty can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong. 15. Transfer to class some of whom come under sections 13 and 14. If, on a transfer of property, an interest therein is created for the benefit of a class of persons with regard to some of whom such interest fails by reason of any of the rules contained in sections 13 and 14; such interest fails 1[in regard to those persons only and not in regard to the whole class]. 2[16. Transfer to take effect on failure of prior interest. Where, by reason of any of the rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class of persons fails in regard to such person or the whole of such class, any interest created in the same transaction and intended to take effect after or upon failure of such prior interest also fails. 17. Direction for accumulation .(1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period longer than (a) the life of the transferor, or (b) a period of eighteen years from the date of the transfer, such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last -mentioned period the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed. (2) This section shall not affect any directio n for accumulation for the purpose of (i) the payment of the debts of the transferor or any other person taking any interest under the transfer, or (ii) the provision of portions for children or remoter issue of the transferor or of any other person takin g any interest under the transfer, or (iii) the preservation or maintenance of the property transferred; and such direction may be made accordingly. 18. Transfer in perpetuity for benefit of public .The restrictions in sections 14, 16 and 17 shall not apply in the case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety, or any other object beneficial to mankind.] 19. Vested interest .Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, su ch interest is vested, unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession. Explanation. An intention that an interest shall not be vested is not to be inferred merely -from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is 1. Subs. b y Act 20 of 1929, s. 9, for as regards the whole class. 2. Subs. by s. 10, ibid., for s . 16, 17 and 18. 13 directed to be accumulated until t he time of enjoyment arrives, or from a provision that if a particular event shall happen the interest shall pass to another person. 20. When unborn person acquires vested interest on transfer for his benefit .Where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appear from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his bi rth. 21. Contingent interest. Where , on a transfer of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event shall not happen, such person thereb y acquires a contingent interest in the property. Such interest becomes a vested interest, in the former case, on the happening of the event, in the latter, when the happening of the event becomes impossible. Exception. Where, under a transfer of property, a person becomes entitled to an interest therein upon attaining a particular age, and the transferor also gives to him absolutely the income to arise from such interest before he reaches that age, or directs the income or so much thereof as may be necessa ry to be applied for his benefit, such interest is not contingent. 22. Transfer to members of a class who attain a particular age. Where, on a transfer of property, an interest therein is created in favour of such members only of a class as shall attain a particular age, such interest does not vest in any member of the class who has not attained that age. 23. Transfer contingent on happening of specified uncertain event. Where, on a transfer of property, an interest therein is to accrue to a specified perso n if a specified uncertain event shall happen, and no time is mentioned for the occurrence of that event, the interest fails unless such event happens before, or at the same time as, the intermediate or precedent interest ceases to exist. 24. Transfer to such of certain persons as survive at some period not specified .Where , on a transfer of property, an interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is not specified, the interest shall go to such of them as shall be alive when the intermediate or precedent interest ceases to exist, unless a contrary intention appears from the terms of the transfer. Illustration A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the life of B. D survives B . At B's death the property passes to D. 25. Conditional transfer. An interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the Court rega rds it as immoral or opposed to public policy. Illustrations (a) A lets a farm to B on condition that he shall walk a hundred miles in an hour. The lease is void. (b) A gives Rs. 500 to B on condition that he shall marry A's daughter C. At the d ate of the transfer C was dead. The transfer is void. (c) A transfers Rs. 500 to B or condition that she shall murder C. The transfer is void. (d) A transfer s Rs. 500 to his n iece C if she will desert her husband. The transfer is void. 26. Fulfilment of condition precedent. Where the terms of a transfer of property impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been fulfilled if it has been substantially complied with. Illustr ations (a) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D, and E. E dies. B marries with the consent of C and D. B is deemed to have fulfilled the condition. (b) A transfers Rs. 5,000 to B on condition that he shall ma rry with the consent of C, D and E. B marries without the consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition. 14 27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition .Where, on a transfer of property, an interest therein is created in favour of one person, and by the same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ul

same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of the prior disposition, although the failure may not have occurred in the manner contemplated by the transferor. But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not take effect unless the prior disposi tion fails in that manner. Illustrations (a) A transfers Rs. 500 to B on condition that he shall execute a certain lease within three months after A s death, and, if he should neglect to do so, to C. B dies in A's life -time. The disposition in favour of C takes effect. (b) A transfers property to his wife; but, in case she should die in his life -time, transfers to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died befor e him. The disposition in favour of B does not take effect. 28. Ulterior transfer conditional on happening or not happening of specified event .On a transfer of property an interest therein may be created to accrue to any person with the condition superadd ed that in case a specified uncertain event shall happen such interest shall pass to another person, or that in case a specified uncertain event shall not happen such interest shall pass to another person. In each case the dispositions are subject to the r ules contained in sections 10, 12, 21, 22, 23, 24, 25 and 27. 29. Fulfilment of condition subsequent .An ulterior disposition of the kind contemplated by the last preceding section cannot take effect unless the condition is strictly fulfilled. Illustration A transfers Rs. 500 to B, to be paid to him on his attaining his majority or marrying, with a proviso that, if B dies a minor or marries without C's consent, the Rs. 500 shall go to D. B marries when only 17 years of age, without C's consent. The transfer to D takes effect. 30. Prior disposition not affected by invalidity of ulterior disposition .If the ulterior disposition is not valid, the prior disposition is not affected by it. Illustration A transfers a farm to B for her life, and, if she do not deser t her husband to C. B is entitled to the farm during her life as if no condition had been inserted. 31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen .Subject to the provisions of section 12, on a transfer of property an interest therein may be created with the condition superadded that it shall cease to exist in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations (a) A trans fers a farm to B for his life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. He loses his life -interest in the farm. (b) A transfers a farm to B, provided that, if B shall not go to England within three years after the date of the transfer, his interest in the farm shall cease. B does not go to England within the term prescribed. His interest in the farm ceases. 32. Such condition must not be invalid .In order that a condition that an interest shall cease to exist may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of the creation of an interest. 33. Transfer conditional on performance of act, no time being specifi ed for performance .Where, on a transfer of property, an interest therein is created subject to a condition that the person taking it shall perform a certain act, but no time is specified for the performance of the act, the conditi on is broken when he renders impossible, permanently or for an indefinite period, the performance of the act. 34. Transfer conditional on performance of act, time being specified .Where an act is to be performed by a person either as a condition to be fulf illed before an interest created on a transfer of 15 property is enjoyed by him, or as a condition on the non -fulfillment of which the interest is to pass from him to another person, and a time is specified for the performance of the act, if such performance within the specified time is prevented by the fraud of a person who would be directly benefited by non -fulfilment of the condition, such further time shall as against him be allowed for performing the act as shall be requisite to make up for the delay caus ed by such fraud. But if no time is specified for the performance of the act, then, if its performance is by the fraud of a person interested in the non -fulfilment of the condition rendered impossible or indefinitely postponed, the condition shall as again st him be deemed to have been fulfilled. Election 35. Election when necessary .Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it; and in the latter case he shall relinquish the benefit so conferred, and the benefit so relinquished shall revert to the transferor or his representative as if it had not been disposed of, subject nevertheless, where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to th e disappointed transferee the amount or value of the property attempted to be transferred to him. Illustrations The farm of Sultanpur is the property of C and worth Rs. 800. A by an instrument of gift professes to transfer it to B, givin g by the same instr ument Rs. 1,000 to C. C elects to retain the farm. He forfeits the gift of Rs. 1,000. In the same case, A dies before the election. His representative must out of the Rs. 1,000 pay Rs. 800 to B. The rule in the first paragraph of this section applies whether the transferor does or does not believe that which he professes to transfer to be his own. A person taking no benefit directly under a transaction, but deriving a benefit under it indirectly, need not elect. A person who in his one capacity takes a benefit under the transaction may in another dissent therefrom. Exception to the last preceding four rules. Where a particular benefit is expressed to be conferred on the owner of the property which the transferor professes to transfer, and such benefit i s expressed to be in lieu of that property, if such owner claim the property, he must relinquish the particular benefit, but he is not bound to relinquish any other benefit conferred upon him by the same transaction. Acceptance of the benefit by the person on whom it is conferred constitutes an election by him to confirm the transfer, if he is aware of his duty to elect and of those circumstances which would influence the judgment of a reasonable man in making an election, or if he waives enquiry into the c ircumstances. Such knowledge or waiver shall, in the absence of evidence to the contrary, be presumed, if the person on whom the benefit has been conferred has enjoyed it for two years without doing any act to express dissent. Such knowledge of waiver may be inferred from any act of his which renders it impossible to place the persons interested in the property professed to be transferred in the same condition as if such act had not been done. Illustration A transfers to B an estate to which C is entitled, and as part of the same transaction gives C a coal -mine. C takes possession of the mine and exhausts it. He has thereby confirmed the transfer of the estate to B. 16 If he does not within one year after the date of the transfer signify to the transferor or hi s representatives his intention to confirm or to dissent from the transfer, the transferor or his representative may, upon the expiration of that period, require him to make his election; and, if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to confirm the transfer. In case of disability, the election shall be postponed until the disability ceases, or until the election is made by some competent authority. Appointment 36. Appor tionment of periodical payments determination of interest of person entitled .In the absence of a contract or local usage to the contrary, all rents annuities, pensions, dividends and other periodical payments in the nature of income shall, upon the transf er of the interest of the person entitled to receive such payments, be deemed, as between the transferor and the transferee, to accrue due from day to day, and to be apportionable accordingly, but to be payable on the days appointed for the payment thereof . 37. Apportionment of benefit of obligation on severance .When, in consequence of a transfer, property is divided and held in several shares, and thereupon the benefit of any obligation relating to the property as a whole passes from one to several owners of the property, the corresponding duty shall, in the absence of a contract to the contrary amongst the owners, be performed in favour of each of such owners in proportion to the value of his share in the property, provided that the duty can be severed an d that the severance does not substantially increase the burden of the obligation; but if the duty cannot be severed, or if the severance would substantially increase the burden of the obligation the duty shall be performed for the benefit of such one of t he several owners as they shall jointly designate for that purpose: Provided that no person on whom the burden of the obligation lies shall be answerable for failure to discharge it in manner provided by this section, unless and until he has had reasonable notice of the severance. Nothing in this section applies to leases for agricultural purposes unless and until the State Government by notification in the Official Gazette so directs. Illustrations (a) A sells to B, C and D a house situated in a village and leased to E at an annual rent of Rs. 30 and delivery of one fat sheep, B having provided half the purchase -money and C and D one quarter each. E, having notice of this, must pay Rs. 15 to B, Rs. 7 to C, and Rs. 7 to D, and must deliver the sheep according to the Joint direction of B, C and D. (b) In the same case, each house in the village being bound to provide ten days' labour each year on a d yke to prevent inundation , E had agreed as a term of his lease to perform this work for A. B, C and D severally require E to perform the ten days' work due on account of the house of each. E is not bound to do more than ten days' work in all, according to such direc tions as B, C and D may join in giving. (B) Transfer of Immovable property 38. Transfer by person authorised only under certain circumstances to transfer .Where any person, authori sed only under circumstances in their nature variable to dispose of immoveable property, transfers such property for consideratio n, alleging the existence of such circumstances, they shall, as between the transferee on the one part and the transferor and other persons (if any) affected by the transfer on the other part, be deemed to have existed, if the transferee, after using reaso nable care to ascertain the existence of such circumstances, has acted in good faith. Illustration A, a Hindu widow, whose husband has left collateral heirs, alleging that the property held by her as such is insufficient for her maintenance, agrees, for pu rposes neither religious nor charitable, to sell a field, part of such property, to B. B satisfies himself by reasonable enquiry that the income of the property is insufficient for A's maintenance, and that the sale of the f ield is necessary, and acting in good faith, buys the field from A. As between B on the one part and A and the collateral heirs on the other part, a necessity for the sale shall be deemed to have existed. 39. Transfer where third person is entitled to maintenance .Where a third person has a right to receive maintenance, or a provision for advancement or marriage, from the profits of immoveable property, and such property is transferred 1*** the right may be enforced against the transferee, if he has notice 2[thereof] or if the 1. The words with the intention of defeating such right omitted by Act 20 of 1929, s. 11. 2. Subs. by s. 11, ibid., for of such intention. 17 transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor against such property in his hands. 1* * * * * 40. Burden of obligation imposing restriction on use of land .Where, for the more beneficial enjoyment of his own immoveable property, a third person has, independently of any interest in the immoveable property of another or of any easement thereon, a right to restrain the enjoyment2 [in a particular manner of the latter property], or or of obligation annexed to ownership but not amounting to interest or easement .where a third person is entitled to the benefit of an obligation arising out of contract and annexed to the ownership of immoveable property, but not amounting to an interest therein or easeme nt thereon, such right or obligation may be enforced against a transferee with notice thereof or a gratuitous transferee of the property affected thereby, but not against a transferee for consideration and without notice of the right or obligation, nor aga inst such property in his hands. Illustration A contracts to sell Sultanpur to B. While the contract is still in force he sells Sultanpur to C, who has notice of the contr act. B may enforce the contract against C t o the same extent as against A. 41. Transf er by ostensible owner .Where, with the consent, express or implied, of the persons interested in immoveable property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be violable on the gro und that the transferor was not authorised to make it: Provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith. 42. Transfer by person having authority to revoke fo rmer transfer .Where a person transfers any immoveable property, reserving power to revoke the transfer, and subsequently transfers the property for consideration to another transferee, such transfer operates in favour of such transferee (subject to any condition attached to the exercise of the power) as a revocation of the former transfer to the extent of the power. Illustration A lets a house to B, and reserves power to revoke the lease if, in the opinion of a specified surveyor, B should make a use of it detrimental to its value. Afterwards A, thinking that such a use has been made, lets the house to C. This operates as a revocati on of B's lease subject to the opinion of the surveyor as to B's use of the house having been detrimental to its value . 43. Transfer by unauthori sed person who subsequently acquires interest in property transferred .Where a person 3[fra

43. Transfer by unauthori sed person who subsequently acquires interest in property transferred .Where a person 3[fraudulently or] errone ously represents that he is authori sed to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists. Nothing in this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option. Illustration A, a Hindu who has separated from his father B, sells to C three fields, X, Y and Z, representing that A is authori sed to transfer the same. Of these fields Z does not belong to A, it having been retained by B on the partition; but on B's dying A as heir obtains Z.C, not having rescinded the contract of sale, may require A to deliver Z to him . 44. Transfer by one co -owner .Where one of two or more co -owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give effect to the transfer, the transferor's 1. The Illustrations omitted by Act 20 of 1929, s. 11. 2. Subs. by s. 12, ibid., for of the latter property or to compel its enjoyment in a particular manner. 3. Ins. by s. 13, ibid. 18 right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so t ransferred. Where the transferee of a share of a dwelling -house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house. 45. Joint transfer for consideration .Where immoveable property is transferred for consideration to two or more persons and such consideration is paid out of a fund belonging to them in common, they are, in the absence of a contract to the contrary, respectivel y entitled to interests in such property identical, as nearly as may be, with the interests to which they were respectively entitled in the fund; and, where such consideration is paid out of separate funds belonging to them respectively, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property in proportion to the shares of the consideration which they respectively advanced. In the absence of evidence as to the interests in the fund to which they were respe ctively entitled, or as to the shares which they respectively advanced, such persons shall be presumed to be equally interested in the property. 46. Transfer for consideration by persons having distinct interests .Where immoveable property is transferred f or consideration by persons having distinct interests therein, the transferors are, in the absence of a contract to the contrary, entitled to share in the consideration equally, where their interests in the property were of equal value, and, where such int erests were of unequal value, proportionately to the value of their respective interests. Illustration (a) A, owing a moiety, and B and C, each a quarter share, of mauza Sultanpur, exchange an eighth share of that mauza for a quarter share of mauza Lalpura . There being no agreement to the contrary, A is entitled to an eighth share in Lalpura, and B and C each to a sixteenth share in that mauza. (b) A, being entitled to a life -interest in mauza Atrali and B and C to the reversion, sell the mauza for Rs. 1,00 0. A's life-interest is ascertained to be worth Rs. 600, the reversion Rs. 400 . A is entitled to receive Rs. 600 out of the purchase -money. B and C to receive Rs. 400 0. 47. Transfer by co -owners of share in common property .Where several co-owners of immoveable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transferors, the transfer, as among such transferors, takes effect on such shares equally where the s hares were equal, and , where they were unequal, proprotionately to the extent of such shares. Illustration A, the owner of an eight -anna share, and B and C, each the owner of a four -anna share, in mauza Sultanpur, transfer a two-anna share in the mauza to D, without specifying from which of their several shares the transfer is made. To give effect to the transfer one -anna share is taken from the share of A, and half -an-anna share from each of the shares of B and C. 48. Priority of ri ghts created by transfer. Where a person purports to create by transfer at different times rights in or over the same immoveable property, and such rights cannot all exist or be exercised to their full extent together, each later created right shall, in th e absence of a special contract or reservation binding the earlier transferees, be subject to the rights previously created. 49. Transferee s right under policy. Where immoveable property is transferred for consideration, and such property or any part thereof is at the date of the transfer insured against loss or damage by fire, the transferee, in case of such loss or damage, may, in the absence of a contract to the contrary, require any money which the transferor actually receives under the policy, or so much thereof as may be necessary, to be applied in reinstating the property. 50. Rent bona fide paid to holder under defective title. No person shall be chargeable with any rents or profits of any immoveable property, which he has in good faith paid or delivered to any person of whom he in good faith held such property, notwithstanding it may afterwards appear that the person to whom such payment or delivery was made had no right to receive such rents or profits. 19 Illustration A lets a field to B at a r ent of Rs. 50, and then transfers the field to C. B, having no notice of the transfer, in good faith pays the rent to A. B is not chargeable with the rent so paid. 51. Improvements made by bona fide holders under defective titles .When the transferee of immoveable property makes any improvement on the property, believing in good faith that he is absolutely entitled thereto, and he is subsequently evicted there from by any person having a better title, the transferee has a right to require the person causing the eviction either to have the value of the improvement estimated and paid or secured to the transferee, or to sell his interest in the property to the transferee at the then market value thereof , irrespective of the value of such improvement. The amount to be paid or secured in respect of such imp rovement shall be the estimated value thereof at the time of the eviction. When, under the circumstances aforesaid, the transferee has planted or sown on the property crops which ar e growing when he is evicted t herefrom, he is entitled to such crops and to free ingress and egress to gather and carry them. 52. Transfer of property pending suit relating thereto .During the 1[pendency] in any Court having authority 2[3[within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by 4[the Central Government 5***] , of 6[any] suit or proceeding 7[which is not collusive and] in. which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or or der which may be made therein, except under the authority of the Court and on such terms as it may impose. 7[Explanation. For the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation o f the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order , has been ob tained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.] 8[53. Fraudulent transfer .(1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed. Nothing in this sub -section shall impair the rights of a transferee in good faith and for consideration. Nothing in this sub -section shall affect any law for the time being in force relating to insolvency. A suit instituted by a creditor (which term includes a decree -holder whether he has or has not applied for execution of his decree) to avoid a transfer on the ground that it has been made with intent to defeat or delay the creditors of the transferor, shall be instituted on behalf of, or for the benefit of, all the creditors. (2) Every transfer of immoveable property made without consideration with intent to defraud a subsequent transferee shall be voidable at the option of such transferee. 1. Subs. by Act 20 of 1929, s.14, for active prosecution. 2. Subs. by A.O. 1950, for in the Provinces or established beyond the limits of the Provinces. 3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for within the limits of Part A States and Part C States (w.e.f. 1 -4-1951). 4. Subs. by A.O. 1937, for the Governor General in Council. 5. The words or the C rown Representative Rep. by the A.O. 1948. 6. Subs. by Act 20 of 1929, s. 14, for a contentious . 7. Ins. by s. 14, ibid 8. Subs. by s. 15, ibid., for s . 53. 20 For the purposes of this sub -section, no transfer made without consideration shall be deemed to have been made with intent to defraud by reason only that a subsequent transfer for consid eration was made.] 1[53A. Part performance .Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasona ble certainty, and the transferee has , in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that 2***, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the t ime being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, ot her than a right expressly provided by the terms of the contract : Provided that nothing in this section sh all affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.] CHAPTER III OF SALES OF IMMOVEABLE PROPERTY 54. Sale defined .Sale is a transfer of ownership in exchange for a price paid or promised or part -paid and part -promised. Sale how made .Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument. In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instru ment or by delivery of the property. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property. Contract for sale .A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties . It does not, of itself, create any interest in or charge on such property. STATE AMENDMENTS Assam. Amendment of section 54 of the Central Act 4 of 1882. In Section 54 of the principal Act, in para 2, for the expression by a registered instrument the following expression shall be substituted, namely: by an instrument registered in the State of Assam, notwithstanding anything contained in the India Registration Act, 1908 (Act 16 of 1908) to the contrary. [Vide Assam Act 10 of 1976, s. 2.] 55. Rights and liabilities of buyer and seller .In the absence o f a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold: (1) The seller is bound (a) to disclose to the buyer any material defect in the property 3[or in the seller s title thereto] of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover ; 1. Ins. by Act 20 of 1929, s. 16. 2. The words the contract though required to be registered, has not been registered, or omitted by Act 48 of 2001, s. 10 (w.e.f. 24-9-2001). 3. Ins. by Act 20 of 1929, s. 17. 21 (b) to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller's possession or power; (c) to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title there to; (d) on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place; (e) between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents; (f) to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits; (g) to pay all public charges and rent accru

as he directs, such possession of the property as its nature admits; (g) to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all incumbrances on such property due on such date, and, except where the property is sold subject to incumbrances, to discharge all incumbrances on the property then existing. (2) The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same : Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no act whereby the property is incumbered or whereby he is hindered from transferring it. The benefit of the contract mentioned in this rule shall be annexed to, and shall go with, the interest of the transferee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested. (3) Where the whole of the purchase -money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller s possession or power: Provided that, ( a) whe re the seller retains any part of the property comprised in such documents, he is entitled to retain them all, and, ( b) where the whole of such property is sold to different buyers the buyers, of the lot of greatest value is entitled to such documents. But in case ( a) the seller, and in case ( b) the buyer , of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the buyer of the lot of greatest value, as the case may be, shall keep the said documents safe, uncancelled and undefaced, unless p revented from so doing by fire or other inevitable accident. (4) The seller is entitled (a) to the rents and profits of the property till the ownership thereof passes to the buyer; (b) where the ownership of the property has passed to the buyer before payment of the whole of the purchase -money, to a charge upon the property in the hands of the buyer, 1[any transferee without consideration or any transferee with notice of the non -paymen t,] for the amount of the purchase -money, or any part thereof remaining unpaid, and for interest on such amount or part 1[from the date on which possession has been delivered]. (5) The buyer is bound (a) to disclose to the seller any fact as to the nature or extent of the seller s interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; 1. Ins. by Act 20 of 1929, s. 17. 22 (b) to pay or tender, at the time and place of completing the sale, the purchase -money to the seller or such person, as he directs: provided that, where the property is sold free from incumbrances, the buyer may retain out of the purchase -money the amount of any incumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not cau sed by the seller; (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any incumbrances subj ect to which the property is sold, and the interest thereon afterwards accruing due. (6) The buyer is entitled (a) where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof; (b) unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him 1*** to the extent of the seller's interest in the property, for the amount of any purchase -money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission. An omission to make such disclosures as are mentioned in this section, paragraph ( 1), clause ( a), and paragraph ( 5), clause ( a), is fraudulent. 2[56. Marshalling by subsequent purchaser .If the owner of two or more properties mortgages them to one person and then sells one or more of the properties to another person, the buyer is, in the absence of a contract to the contrary, entitled to have the mortgage -debt sat isfied out of the property or properties not sold to him, so far as the same will extend, but not so as to prejudice the rights of the mortgagee or p ersons claiming under him or any other person who has for consideration acquired an interest in any of the properties.] Discharge of Incumbrances on Sale 57. P rovision by Court for incumbrances and sale freed therefrom .(a) Where immoveable property subject to any incumbrance, whether immediately payable or not, is sold by the Court or in execution of a decree, or out of Court, the Court may, if it thinks fit, on the application of any party to the sale, direct or allow payment into Court, (1) in case of an annual or monthly sum charged on the property, or of a capital sum charged on a determinable interest in the property of such amount as, when invested in securities of the Central Government, the Court considers will be sufficient, by means of the interest thereof, to keep down or otherwise provide for that charge, and (2) in any other case of a capital sum c harged on the property of the amount sufficient to meet the incumbrance and an interest due thereon. But in either case there shall also be paid into Court such additional amount as the Court considers will be sufficient to meet the contingency of further costs, expenses and interest, and any other contingency, except depreciation of investments, not exceeding one -tenth part of the original amount to be paid in, unless the Court for special reasons (which it shall record) thinks fit to require a larger addi tional amount. (b) Thereupon the Court may, if it thinks fit, and after notice to the incumbrance r, unless the Court, for reasons to be recorded in writing, thinks fit to dispense with such notice, declare the property to be freed from the incumbrance, and make any order for conveyance, or vesting order, 1. The words with notice of the payment omitted by Act 20 of 1929, s. 17 . 2. Subs. by s. 18, ibid., for s. 56. 23 proper for giving effect to the sale, and give directions for the retention and investment of the money in Court. (c) After notice served on the persons interested in or entitled to the money or fund in Court , the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof. (d) An appeal shall lie from any declaration, order or direction under this section as if the same were a decree. (e) In this sect ion Court means ( 1) a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, ( 2) the Court of a District Judge within the local limits of whose jurisdiction the property or any part thereof is situate, ( 3) any other Court which the State Government may, from time to time, by notification in the Official Gazette, declare to be competent to exercise the jurisdiction conferred by this section. CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES 58. Mortgage , mortgagor , mortgagee , mortgage -money and mortgage -deed defined .(a) A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being arc called the mortgage -money, and the instrument (if any) by which the transfer is effected is called a mortgage -deed. (b) Simple mortgage .Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage -money, and agrees, expressly or impliedly , that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payme nt of the mortgage -money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee. (c) Mortgage by conditional sale .Where the mortgagor ostensibly sells the mortgaged property on condition that on default of payment of the mortgage -money on a certain date the sale shall become absolute, or on condition that on such payment being made the sale shall become void, or on condition that on such payment being made the buyer shall transfer the property to the seller, the transactio n is called a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale: 1[Provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale.] (d) Usufructuary mortgage .Where the mortgagor delivers possession 1[or expressly or by implication binds himself to deliver possession] of the mortgaged property to the mortgagee, and authori ses him to retain such possession until payment of t he mortgage -money, and to receive the rents and profits accruing from the property 2[or any part of such rents and profits and to appropriate the same] in lieu of interest, or in payment of the mortgage -money, or partly in lieu of interest 3[or] partly in payment of the mortgage -money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee. 1. Added b y A c t 2 0 o f 1 9 2 9, s . 1 9 . 2. Subs. by s. 19, ibid., for and to appropriate them. 3. Subs. by s. 19, ibid., for and . 24 (e) English mortgage. Where the mortgagor binds himself to re -pay the mortgage -money on a certain date, and transfers the mortgag ed property absolutely to the mortgagee, but subject to a proviso that he will re -transfer it to the mortgagor upon payment of the mortgage -money as agreed, the transaction is called an English mortgage. 1[(f) Mortgage by deposit of title -deeds.Where a person in any of the following towns, namely, the towns of Calcutta, Madras , 2[and Bombay], 3*** and in any other town which the 4[State Government concerned] may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immoveable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title -deeds. (g) Anomalous mortgage. A mortgage which is not a simple mortgage, a mortgage by conditional sale, a n usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.] 59. Mortgage wh en to be by assurance .Where the principal money secured is one hundred rupees or upwar ds, a mortgage 5[other than a mortgage by deposit of title -deeds] can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by 6[a registered instrument] signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property. 7* * * * 8[59A. References to mortgagors and mortgagees to include persons deriving ti tle from them.Unless otherwise expressly provided, references in this Chapter to mortgagors and mortgagees shall be deemed to include references to persons deriving title from them respectively.] Rights and Liabilities of Mortgagor 60. Right of mortgagor to redeem. At any time after the principal money has become 9[due], the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgage - money, to require the mortgagee (a) to deliver 10[to the mortgagor the mortgage -deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], ( b) where the mortgagee is in possession of the mortgaged prope rty, to deliver possession thereof to the mortgagor, and ( c) at the cost of the mortgagor eithe r to re -transfer the mortgaged property to him or to such third person as he may direct, or to execute and (where the mortgage has been effected by a registered instrument) to have registered an acknowledgement in writing that any right in derogation of hi s interest transferred to the mortgagee has been extinguished: Provided that the right conferred by this section h as not been extinguished by act of the parties or by 11[decree] of a Court. The right conferred by this section is called a right to redeem and a suit to en force it is called a suit for redemption. Nothing in this section shall be deemed to render invalid any provision to the effect that, if the time fixed for payment of the principal money has been allowed to pass or no such time has been fixed , the mortgagee shall be entitled to

fixed for payment of the principal money has been allowed to pass or no such time has been fixed , the mortgagee shall be entitled to reasonable notice before payment or tender of such money. 1. Added by Act 20 of 1929, s. 19 . 2. Subs. by A.O. 1948, for Bombay and Karachi. The word and had been ins. by A.O. 1937. 3. The words Rangoon, Moulmein, Bassein and Akyab omitted by A.O. 1937. 4. The words Governor General in Council successively amended by A.O. 1937 and the A.O. 1950 to read as above. 5. Ins. by Act 20 of 1929, s. 20. 6. Subs. by Act 6 of 1904, s. 3, for an instrument. 7. Third paragraph omitted by Act 20 of 1929, s. 20. 8. Ins. by s. 21, ibid. 9. Subs. by s. 22, ibid., for payable. 10. Subs. by s. 22, ibid., for the mortgage -deed, if any, to the mortgagor. 11. Subs. by Act 20 of 1929, s. 22, for order. 25 Redemption of portion of mortgaged property .Nothing in this section shall entitle a person interested in a share only of the mortgaged property to redeem his own share only, on payment of a proportionate part of the amount remaining due on the mortgage, except 1[only] where a mortgagee, or, if there are more mortgagees than one, all such mortgagees, has or have acquired, in whole or in part, the share of a mortgag er. 2[60A. Obligation to transfer to third party instead of re -transference to mortgagor . (1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the fulfilment of which he would be entitled to require a re -transfer, he may require the mortgagee, instead of re -transferring the property, to assign the mortgage -debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly. (2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance ; but the requisition of any encumbrancer shall prevail over a requisition of the mortgagor and, as betw een encumbrancers, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer. (3) The provisions of this section do not apply in the case of a mortgagee who is or has been in possession. 60B. Right to inspection and produ ction of documents .A mortgagor, as long as his right of redemption subsists, shall be entitled at all reasonable times, at his request and at his own cost, and on payment of the mortgagee s costs and expenses in this behalf, to inspect and make copies or abstracts of, or extracts from, documents of title relating to the mortgaged property which ar e in the custody or power of the mortgagee.] 3[61. Right to redeem separately or simultaneously .A mortgagor who has executed two or more mortgages in favour of the same mortgagee shall, in the absence of a contract to the contrary, when the principal money of any two or more of the mortgages has become due, be entitled to redeem any one such mortgage separately, or any two or more of such mortgages together.] 62. Right of usufructuary mortgagor to recover possession. In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 4[together with the mortgage - deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee] , (a) where the mortgagee is authori sed to pay himself the mortgage -money from the rents and profits of the property. when such money is paid: (b) where the mortgagee is authori sed to pay himself from such rents and profits 5[or any part thereof a part only of the mortgage -money] ,when the term (if any), prescribed for the payment of the mortgage -money has expired and the mortgagor pays or tenders to the mortgagee 6[the mortgage -money or the balance thereof] or deposits it in Court as hereinafter provided. 63. Accession to mortgaged property. Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, received any accession, the mort - gagor, upon redemption, sha ll, in the absence of a contract to the contrary, be entitled as against the mortgagee to such accession. 1. Ins. by Act 20 of 1929, s. 22. 2. S. 60A and 60B ins. by s. 23, ibid. 3. Subs. by s. 24, ibid., for s. 61. 4. Ins. by s. 25, ibid. 5. Subs. by s. 25, ibid., for the interest of the principal money. 6. Subs. by s. 25, ibid., for the principal money . 26 Accession acquired in virtue of transferred ownership .Where such accession has been acquired at the expense of the mortgagee, and is capable of separ ate possession or enjoyment wit hout detriment to the principal property, the mortgagor desiring to take the accession must pay to the mortgagee the expense of acquiring it. If such separate possession or enjoyment is not possible, the accession must be del ivered with the property; the mortgagor being liable, in the case of an acquisition necessary to preserve the property from destruction, forfeiture or sale, or made with his assent, to pay the proper cost thereof, as an addition to the principal money, 1[with interest at the same rate as is payable on the principal, or, where no such rate is fixed , at the rate of nine per cent. per annum]. In the case last mentioned the profits, if any, arising from the accession shall be credited to the mortgagor. Where th e mortgage is usufructuary and the accession has been acquired at the expense of the mortgagee, the profits, if any, arising from the accession shall, in the absence of a contract to the contrary, be set off against interest, if any, payable on the money s o expended. 2[63A. Improvements to mortgaged property .(1) Where mortgaged property in posses sion of the mortgagee has, during the continuance of the mortgage, been improved, the mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled to the improvement; and the mortgagor shall not, save only in cases provided for in sub-section ( 2), be liable to pay the cost thereof. (2)Where any such improvement was effected at the cost of the mortgagee and was necessary to preserve the property from destruction or deterioration or was necessary to prevent the security from becoming insuffic ient, or was made in compliance with the lawful order of any public servant or public authority, the mortgagor shall, in the absence of a contrac t to the contrary, be liable to , pay the proper cost thereof as an addition to the principal money with interest at the same rate as is payable on the principal, or, where no such rate is fixed, at the rate of nine per cent. per annum, and the profits, if any, accruing by reason of the improvement shall be credited to the mortgagor.] 64. Renewal of mortgaged lease .Where the mortgaged property is a lease 3***, and the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption, shall, in the absence of a contract by him to the contrary, have the benefit of the new lease. 65. Implied contracts by mortgagor .In the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgagee, (a) that the interest which the mortgagor professes to transfer to the mortgagee subsists, and that the mortgagor has power to transfer the same; (b) that the mortgagor will defend, or, if the mortgagee be in possession of the mortgaged property, enable him to defend, the mortgagor s title thereto; (c) that the mortgagor will, so long as the mortgag ee is not in possession of the mortgaged property, pay all public charges accruing due in respect of the property; (d) and, where the mortgaged property is a lease 4***, that the rent payable under the lease, the conditions contained therein, and the contracts binding on the lessee have been paid, performed and observed down to the commencement of the mortgage; and that the mortgagor will, so long as the security exists and the mortgagee is not in possession of the mortgaged property, pay the rent reserved by the lease, or, if the lease be renewed, the renewed lease, perform the conditions contained therein and observe the contracts binding on the lessee, and 1. Subs. by Act 20 of 1929, s. 26, for at the same rate of interest. 2. Ins. by s. 27, ibid. 3. The words for a term of years omitted by s. 28, ibid. 4. The words for a term of years omitted by s. 29 , ibid. 27 indemnify t he mortgagee against all claims sustained by reason of the non -payment of the said rent or the a non-performance or non -observance of the said conditions and contracts; (e) and, where the mortgage is a second or subsequent incumbrance on the property, that the mortgagor will pay the interest from time to time accruing due on each prior incumbrance as and when it becomes due, and will at the proper time discharge the principal money due on such prior incumbrance. 1* * * * *. The benefit of the contra cts mentioned in this section shall be annexed to and shall go with the interest of the mortgagee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested. 2[65A. Mortgagor s power to lease .(1) Subject to the provisions of sub -section ( 2), a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof which shall be binding on the mortgagee. (2) (a) Every such lease shall be such as would be made in the ordinary course of management of the property concerned , and in accordance with any local law, custom or usage. (b) Every such lease shall reserve the best rent that can reasonably be obtained, and no premium shall be paid or promised and no rent shall be payable in advance. (c) No such lease shall contain a covenant for renewal. (d) Every such lease shall take effect from a date not later than six months from the date on which it is made. (e) In the case of a lease of buildings, whether leased it or without the land on which they stand, the duration of the lease shall in no case exceed three years, and the lease shall contain a covenant for payment of the rent and a condition of re -entry on the rent n ot being paid within a time therein specified. (3) The provisions of sub -section ( 1) apply only if and as far as a contrary intention is not expressed in the mortgage -deed; and the provisions of sub -section ( 2) may be varied or extended by the mortgage -deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub -section.] 66. Waste by mortgagor in possessi on.A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; but he must not commit any act which is destructive or permanently injurious thereto, if the security is insufficient or will b e rendered insufficient by such act. Explanation. A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one -third, or, if consisting of buildings, exceeds by one -half, the amount for the time be ing due on the mortgage. Rights and Liabilities of Mortgagee 67. Right to foreclosure or sale. In the absence of a contract to the contrary, the mortgagee has, at any time after the mortgage -money has become 3[due] to him, and before a decree has been made for the redemption of the mortgaged property, or the mortgage -money has been paid or deposited as hereinafter provided, a right to obtain from the Court 4[a decree] that the mortgagor shall be absolutely deba rred of his right to redeem the property, or 4[a decree] that the property be sold. A suit to obtain 4[a decree] that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called a suit for foreclosure. 1. Certain words omitted by Act 20 of 1929, s. 29 . 2. Ins. by s. 30, ibid. 3. Subs. by s. 31, ibid., for payable. 4. Subs. by s. 31, ibid., for an order. 28 Nothing in this s ection shall be deemed 1[(a) to authori se any mortgagee other than a mortgagee by conditional sale or a mortgagee under an anomalous mortgage by the terms of which he is entitled to foreclose, to institute a suit for foreclosure, or an usufructuary mortga gee as such or a mortgagee by conditional sale as such to institute a suit for sale; or] (b) to authori se a mortgagor who holds the mortgagee's rights as his trustee or legal representative, and who may sue for a sale of the property, to institute a suit for foreclosure; or (c) to authori se the mortgagee of a railway, canal or other work in the maintenance of which the public are interested, to institute a suit for foreclos

gagee of a railway, canal or other work in the maintenance of which the public are interested, to institute a suit for foreclosure or sale; or (d) to authori se a person interested in part only of the mortgage -money to -institute a suit relating only to a corresponding part of the mortgaged property, unless the mortga gees have, with the consent of the mortgagor, severed their interests under the mortgage. 2[67A. Mortgagee when bound to bring one suit on several mortgages. A mortgagee who holds two or more mortgages executed by the same mortgagor in respect of each of which he has a right to obtain the same kind of decree under section 67, and who sues to obtain such decree on any one of the mortgages, shall, in the absence of a contract to the contrary, be bound to sue on all the mortgages in respect of which the mortg age-money has become due.] 3[68. Right to sue for mortgage -money .(1) The mortgagee has a right to sue for the mortgage - money in the following cases and no others, namely: (a) where the mortgagor binds himself to repay the same; (b) where by any cause ot her than the wrongful act or default of the mortgagor or mortgagee, the mortgaged property is wholly or partially destroyed or the security is rendered insufficient within the meaning of section 66, and the mortgagee has given the mortgagor a reasonable op portunity of providing further security enough to render the whole security sufficient, and the mortgagor has failed to do so; (c) where the mortgagee is deprived of the whole or part of his security by or in consequence of the wrongful act or default of t he mortgagor; (d) where, the mortgagee being entitled to possession of the mortgaged property, the mortgagor fails to deliver the same to him, or to secure the possession thereof to him without disturbance by the mortgagor or any person claiming under a title superior to that of the mortgagor: Provided that, in the case referred to in clause ( a), a transferee from the mortgagor or from his legal repre sentative shall not be liable to be sued for, the mortgage -money. (2) Where a suit is brought under clause (a) or clause ( b) of sub -section ( 1), the Court may, at its discretion, stay the suit and all proceedings therein, notwithstanding any contract to the contrary, until the mortgagee has exhausted all his available remedies against the mortgaged property or what remains of it, unless the mortgagee abandons his security and, if necessary, re-transfers the mortgaged property.] 69. Power of sale when valid .4[(1)] 5[6*** A mortgagee , or any person acting on his behalf, shall, subject to the provisions of this section, have power to sell or, concur in selling the mortgaged property, or any part thereof, in default of payment of the mortgage -money, without the intervention of the Court, in the following cases and in no others, namely: ] 1. Subs. by Act 20 of 1929, s. 31, for clause ( a). 2. Ins. by s. 32, ibid. 3. Subs. by s. 33, ibid., for s . 68. 4. Section 69 re-numbered as sub -section ( 1) of that section by Act 20 of 1929, s. 34. 5. Subs. by s. 34, ibid., for certain words. 6. The words and figures Notwithstanding anything contained in the Trustees and Mort gagees Powers Act, 18 66 (28 of 1866) omitted by Act 48 of 1952, s. 3 and the Second Schedule . 29 (a) where the mortgage is an English mortgage, and neither the mortgagor nor the mortgagee is a Hindu, Muhammadan or Buddhist 1[or a member of any other race, sect, tribe or class from time to time specified in this behalf by 2[the State Government], in the Of ficial Gazette]; (b) where 3[a power of sale without the intervention of the Court is expressly conferred on the mortgagee by the mortgage -deed and] the mortgagee is 4[the Govern ment]; (c) where 3[a power of sale without the intervention of the Court is expressly conferred on the mortgagee by the mortgage -deed and] the mortgaged property or any part thereof 5[was, on the date of the execution of the mortgage -deed ], situate within the towns of Calcu tta, Madras, Bombay, 6*** 7[or in any other town or area which the State Government may, by notification in the Official Gazette, specify in this behalf]. 8[(2)] 9*** No such power shal l be exercised unless and until 10[(a)] notice in writing requiring payment of the principal money has been served on the mortgagor, or, one of several mortgagors, and default has been made in payment of the principal money, or of part thereof, for three months after such service; or 11[(b)] some interest under the mortgage amounting at least to five hundred r upees is in arrear and unpaid for three months after becoming due. 12[(3)] When a sale has been made in professed exercise of such a power, the title of the purchaser shall not be impeachable on the ground that no case had arisen to authorize the sale, or that due notice was not given, or that the power was otherwise improperly or irregularly exercised; but any person damnified by an unauthorised or improper or irregular exercise of the power shall have his remedy in dam ages against the person exercising the power. 13[(4)] The money which is received by the mortgagee, arising from the sale, after discharge of prior incumbrances, if any, to which the sale is not made subject, or after payment into Court under section 57 of a sum to meet any prior incumbrance, shall, in the absence of a contract to the contrary, be held by him in trust to be applied by him, first, in payment of all costs, charges and expenses properly incurred by him as incident to the sale or any attempted s ale; and, secondly, discharge of the mortgage -money and costs and other money, if any, due under the mortgage; and the residue of the money so received shall be paid to the person entitled to the mortgaged property, or authori sed to give receipts for the p roceeds of the sale thereof. 14[(5) Nothing in this section or in section 69A applies to powers conferred before the first day of July, 1882.] 15* * * * * 1. Ins. by Act 3 of 1885, s. 5. 2. The words the L.G., with the previous sanction of the G. G. in C. successively a mended by A.O. 1937 and A.O. 1950 to read as above. 3. Ins. by Act 20 of 1929, s. 34. 4. The words the Secretary of State for India in Council successively amended by A.O. 1937 and A.O. 1950 to read as above. 5. Subs. by Act 20 of 1929, s. 34, for is. 6. The word Karachi omitted by A.O. 1948. 7. The words or Rangoon have been successively amended by Acts 6 of 1904, 11 of 1915, 20 of 1929, the A.O. 1937 and the A.O. 1950 to read as above. 8. Second paragraph numbered as sub -section (2) by Act 20 of 1929, s . 34. 9. The word 'But omitted by s. 34, ibid. 10. Clause ( 1) was lettered ( a) by s. 34, ibid. 11. Clause (2) was lettered ( b) by s. 34, ibid. 12. Third paragraph numbered as sub -section ( 3) by s. 34, ibid. 13. Fourth paragraph numbered as sub -section (4) by Act 20 of 1 929, s. 34. 14. Subs. by s. 34, ibid., for fifth paragraph. 15. The last paragraph of this section omitted by s. 34, ibid. 30 1[69A. Appointment of receiver .(1) A mortgagee having the right to exercise a power of sale under section 69 shall, subject to the provisions of sub -section ( 2), be entitled to appoint, by writing signed by him or on his behalf, a receiver of the income of the mortgaged property or any part thereof. (2) Any person who has been named in the mortga ge-deed and is willing and able to act as receiver may be appointed by the mortgagee. If no person has been so named, or if all persons named are unable or unwilling to act, or are dead, the mortgagee may appoint any person to whose appointment the mortgag or agrees; failing such agreement, the mortgagee shall be entitled to apply to the Court for the appointment of a receiver, and any person appointed by the Court shall be deemed to have been duly appointed by the mortgagee. A receiver may at any time be re moved by writing signed by or on behalf of the mortgagee and the mortgagor, or by the Court on application made by either party and on due cause shown. A vacancy in the office of receiver may be filled in accorda nce with the provisions of this sub-section. (3) A receiver appointed under the powers conferred by this section shall be deemed to be the agent of the mortgagor; and the mortgagor shall be solely responsible for the receiver's acts or d efaults, unless the mortgage -deed otherwise provides or unless such acts or defaults ar e due to the improper intervention of the mortgagee. (4) The receiver shall have power to demand and recover all the income of which he is appointed receiver, by suit, e xecution or otherwise, in the name either of the mortgagor or of the mortgagee to the full extent of the interest which the mortgagor could dispose of, and to give valid receipts accordingly for the same, and to exercise any powers which may have been delegated to him by the mortgagee in accordance with the provisions of this section. (5) A person paying money to the receiver shall not be concerned to inquire if the appointment of the receiver was valid or not. (6) The receiver shall be entitled to retain o ut of any money received by him, for his remuneration, and in satisfaction of all costs, charges and expenses incurred by him as receiver, a commission at such rate not exceeding five per cent. on the gross amount of all money received as is specified in h is appointment, and, if no rate is so specified, then at the rate of five per cent. on that gross amount, or at such other rate as the Court thinks fit to allow, on application made by him for that purpose. (7) The receiver shall, if so directed in writing by the mortgagee, insure to the extent, if any, to which the mortgagee might have insured, and keep insured against loss or damage by fire, out of the money received by him, the mortgaged property or any part thereof being of an insurable nature. (8) Subject to the provisions of this act as to the application of insurance money, the receiver shall apply all money received by him as follows, namely , (i) in discharge of all rents, taxes, land revenue, rates and outgoings whatever affecting the mortgaged property; (ii) in keeping down all annual sums or other payments, and the interest on all principal sums, having priority to the mortgage in right whereof he is receiver; (iii) in payment of his commission, and of the premiums on fire, life or other insur ances, if any, properly payable under the mortgage -deed or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgagee; (iv) in payment of the interest falling due under the mortgage; 1. Ins. by Act 20 of 1929, s. 35. 31 (v) in or towards dischar ge of the principal money, if so directed in writing by the mortgagee; and shall pay the residue, if any, of the money received by him to the person who, but for the possession of the receiver, would have been entitled to receive the income of which he is appointed receiver, or who is otherwise entitled to the mortgaged property. (9) The provisions of sub -section ( 1) apply only if and as far as a contrary intention is not expressed in the mortgage -deed; and the provisions of sub -sections ( 3) to ( 8) inclusive may be varied or extended by the mortgage -deed, and, as so varied or extended, shall, as far as may be, operate in like manner and with all the like incidents, effects and consequences, as if such variations or extensions were contained in the sa id sub -sections. (10) Application may be made, without the institution of a suit, to the Court for its opinion, advice or direction on any present question respecting the management or administration of the mortgaged property, other than questions of diffi culty or importance not proper in the opinion of the Court for summary disposal. A copy of such application shall be served upon, and the hearing thereof may be attended by, such of the persons interested in the application as the Court may think fit. The costs of every application under this sub -section shall be in the discretion of the Court. (11) In this section, the Court means the Court which would have jurisdiction in a suit to enforce the mortgage.] 70. Accession to mortgaged property .If, after th e date of a mortgage, any accession is made to the mortgaged property, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to such accession. Illustrations (a) A mortgages to B a certain field bordering on a river. The field is increased by alluvion. For the purposes of his security, B is entitled to the increase. (b) A mortgages a certain plot of building land to B and afterwards erects a house on the plot. For the purposes of his security, B is entitled to the house as well as the plot. 71. Renewal of mortgaged lease .When the mortgaged property is a lease 1***, and the mortgagor obtains a renewal of the lease, the mortgagee, in the absence of a contract to the contrary, shall

agor obtains a renewal of the lease, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to the new lease. 72. Rights of mortgagee in possession .2[A mortgagee] may s pend such money as is necessary 3* * * * * (b) for 4[the preservation of the mortgaged property] from destruction, for feiture or sale; (c) for supporting the mortgagor's title to the property; (d) for making his own title thereto good against the mortgagor; and (e) when the mortgaged property is a renewable lease -hold, for the renewal of the lease; and may, in the absence of a contract to the contrary, add such money to the principal money, at the rate of interest payable on the principal, and, where no such rate is fixed, at the rate of nine per cent. per annum: 1. The words for a term of years omitted by Act 20 of 1929, s. 36. 2. Subs. by s. 37, ibid., for certain words. 3. Clause ( a) omitted by s. 37, ibid. 4. Subs. by s. 37, ibid., for its preservation. 32 1[Provided that the expenditure of money by the mortgagee under clause ( b) or clause ( c) shall not be deemed to be necessary unless the mortgagor has been called upon and has failed to take proper and timely steps to preserve the property or to support the title.] Where the property is by its nature insurable, the mortgagee may also, in the abs ence of a contract to the contrary, insure and keep insured against loss or damage by fire the whole or any pa rt of such property; and the premiums paid for any such insurance shall be 2[added to the pri ncipal money with interest at the same rate as is payable on the principal money or, where no such rate is fixed, at the rate of nine per cent. per annum]. But the amount of such insurance shall not exceed the amount specified in this behalf in the mortgag e-deed or (if no such amount is therein specified) two -thirds of the amount that would be required in case of total destruction to reinstate the property insured. Nothing in this section shall be deemed to authori se the mortgagee to insure when an insurance of the property is kept up by or on behalf of the mortgagor to the amount in which the mortgagee is hereby authori sed to insure. 3[73. Right to proceeds of revenue sale or compensation on acquisition .(1) Where th e mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears of revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgage e, the mortgagee shall be entitled to claim payment of the mortgage -money, in whole or in part, out of any surplus of the sale proceeds remaining after payment of the arrears and of all charges and deductions directed by law. (2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immoveable property, the mortgagee shall be en titled to claim payment of the mortgage -money, in whole or in part, out of the amount due to the mortgagor as compensation. (3) Such claims shall prevail against all other claims except those of prior encumbran ces, and may be enforced notwithstanding that the principal money on the mortgage has not become due.] 74. [Right of subsequent mortgagee to pay off prior mortgagee. ] Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of 1929), s. 39. 75. [Rights of mesne mortgagee against and subsequent mortgagees. ] Rep. by s. 39, ibid. 76. Liabilities of mortgagee in possession .When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property, (a) he must manage the property as a person of ordinary prudence would ma nage it if it were his own; (b) he must use his best endeavours to collect the rents and profits thereof; (c) he must, in the absence of a contract to the contrary, out of the income of the property, pay the Government -revenue, all other charges of a publi c nature 4[and all rent] accruing due in respect thereof during such possession, and any arrears of rent in default of payment of which the- property may be summarily sold; (d) he must, in the absence of a contract to the contrary, make such necessary repairs of the property as he can pay for out of the rents and profits thereof after deducting from such rents and profits the payments mentioned in clause (c)and the interest on th e principal money; (e) he must not commit any act which is destructive or permanently injurious to the property; 1. Ins. by Act 20 of 1929, s. 37. 2. Subs. by s. 37, ibid., for certain words. 3. Subs. by s. 38, ibid., for s. 73. 4. Ins . by s. 40, ibid. 33 (f) where he has insured the whole or any part of the property against loss or damage by fire, he must, in case of such loss or damage, apply a ny money which he actually receives under the policy or so much thereof as may be necessary, in reinstating the property, or, if the mortgagor so directs, in reduction or discharge of the mortgage -money; (g) he must keep clear, full and accurate accounts of all sums received and spent by him as mortgagee, and, at any time during the continuance of the mortgage, give the mortgagor, at his request and cost, true copies of such accounts and of the vouchers by which they are supported; (h) his receipts from the mortgaged property, or, where such property is personally occupied by him a fair occupation -rent in respect thereof shall, after deducting the expenses 1[properly incurred for the management of the property and the collection of rents and profits and the other expenses] mentioned in clauses (c) and (d), and interest thereon, be debited against him in reduction of the amount (if any) from time to time due to him on account of interest 2*** and, so far as such receipts exceed any interes t due, in reduction or discharge of the mortgage -money; the surplus, if any, shall be paid to the mortgagor; (i) when the mortgagor tenders, or deposits in manner hereinafter provided, the amount for the time being due on the mortgage, the mortgagee must, notwithstanding the provisions in the other clauses o f this section, account for his 3*** receipts from the mortgaged property from the date of the tender or from the earliest time when he could take such amount out of Court, as the case may be 1[and shall not be entitled to deduct any amount therefrom on account of any expenses incurred after such date or time in connection with the mortgaged property]. Loss occasioned by his default .If the mortgagee fail to perform any of the duties imposed upon him by t his section, he may, when accounts are taken in pursuance of a decree made under this Chapter, be debited with the loss, if any, occasioned by such failure. 77. Receipts in lieu of interest .Nothing in section 76, clauses ( b), (d), (g) and ( h), applies to cases where there is a contract between the mortgagee and the mortgagor that the receipts from the mortgaged property shall, so long as the mortgagee is in possession of the property, be taken in lieu of interest on the principal money, or in lieu of such interest and defined portions of the principal. Priority 78. Postponement of prior mortgagee. Where, through the fraud, misrepresentation or gross neglect of a prior mortgagee, another person has been induced to advance money on the security of the mortgaged property, the prior mortgagee shall be postponed to the subsequent mortgagee. 79. Mortgage to secure uncertain amount when maximum is expressed. If a mortgage made to secure future advances, the performance of an engagement or the balance of a ru nning account, expresses the maximum to be secured thereby, a subsequent mortgage of the same property shall, if made with notice of the prior mortgage, be postponed to the prior mortgage in respect of all advances or de bits not exceeding the maximum, thou gh made or allowed with notice of the subsequent mortgage. Illustration A mortgages Sultanpur to his bankers, B & Co., to secure the balance of his account with them to the extent of Rs. 10,000. A then mortgages Sultanpur to C, to secure Rs. 10,000 , C having notice of the mortgage to B & Co., and C gives notice to B & Co. of the second mortgage. At the date of the second mortgage, the balance due to B & Co. does not exceed Rs. 5,000. B & Co. subsequently advance to A sums making the balance of the ac count against him exceed the sum of Rs. 10,000. B & Co. are entitled , to the extent of Rs. 10,000, to priority over C . 80. [Tacking abolished. ] Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of 1929) , s. 41. 1. Ins. by Act 20 of 1929, s. 40. 2. The words on the mortgage -money omitted by s. 40, ibid. 3. The word gross omitted by s. 40, ibid. 34 Marshalling and Contribution 1[81. Marshalling securities .If the owner of two or more properties mortgages them to one person and then mortgages one or more of the properties to another person, the subsequent mortgagee is, in the absence of a contract to the contrary, entitled to have the prior mortgage - debt satisfied out of the property or properties not mortgaged to him, so far as the same will extend, but not so as to prejudice the rights of the prior mortgagee or of any other person who has for consideration acquired an int erest in any of the properties. ] 82. Contribution to mortgage -debt .2[Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts of such property owned by such persons are, in the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage, and, for the purpose of determining the rate at which each such share or part shall contribute, the value thereof shall be deemed to be it s value at the date of the mortgage after deduction of the amount of any other mortgage or charge to which it may have been subject on that date.] Where, of two properties belonging to the same owner, one is mortgaged to secure one debt and then both are m ortgaged to secure another debt, and the former debt is paid out of the former property, each property is, in the absence of a contract to the contrary, liable to contribute rateably to the latter debt after deducting the amount of the former debt from the value of the property out of which it has been paid. Nothing in this section applies to a property liable under section 81 to the claim of the 3[subsequent] mortgagee. Deposit in Court 83. Power to d eposit in Court money due on mor tgage .At any time after the principal money 4[payable in respect of any mortgage has become due] and before a suit for redemption of the mortgaged property is barred, the mortgagor, or any other person entitled to institute such suit, may deposit, in any Court in which he might have instituted such suit, to the account of the mortgagee, the amount remaining due on the mortgage. Right to money deposited by mortgagor .The Court sha ll thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in manner prescribed by 5law for the verification of plaints) stating the amount then due on the mortgage, and his willingness to accept the money so deposited in full discharge of such amount, and -on depositing in the same Court the mortgage -deed 6[and all documents in his possession or power relating to the mortgaged property], apply for and receive the money, and the mortgage -deed, 7[and all such other documents], so deposited shall be delivered to t he mortgagor or such other person as aforesaid. 7[Where the mortgagee is in possession of the mortgaged. property, the Court shall, before paying to him the amount so deposited , direct him to deliver possession thereof to the mortgagor and at the cost of the mortgagor either to re -transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and (where the mortgage has been eff ected by a registered instrument) have registered an acknowledgment in writing that any right in derogation of the mortgagor's interest transferred to the mortgagee has been extinguished.] 1. Subs. by Act 20 of 1929, s. 42, for s. 81. 2. Subs by s. 43, ibid., for the first paragraph. 3. Subs . by s. 43, ibid., for second. 4. Subs. by s. 44, ibid., for has become payable. 5. See the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order VI, rule 15. 6. Subs. by Act 20 of 1929, s. 44, for if then in his possession or power . 7. Ins. by s. 44, ibid. 35 84. Cessation of interest .When the mortgagor or such other person as aforesaid has tendered or deposited in Court under section 83 the amount remaining due on the mortgage, interest on the principal money shall cease from the date of the tender or 1[in the case of a deposit, where no previous tender of such amount has be en made] as soon as the mortgagor or such other person as aforesaid

, where no previous tender of such amount has be en made] as soon as the mortgagor or such other person as aforesaid has done all that has to be done by him to enable the mortgagee to take such amount out of Court, 2[and the notice required by section 83 has been served on the mortgagee: Provided that, w here the mortgagor has deposited such amount without having made a previous tender thereof and has subsequently withdrawn the same or any part thereof, interest on the principal money shall be payable from the date of such withdrawal .] Nothing in this sect ion or in section 83 shall be deemed to deprive the mortgagee of his right to interest when there exists a contract that he shall be entitled to reasonable notice before payment or tender of the mortgage -money 3[and such notice has not been given before the making of the tender or deposit, as the case may be]. 4Suits for Foreclosure, Sale or Redemption 85.[Parties to suits for foreclosure, sale and redemption .] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and V Schedule. Foreclosure and Sale4 86. [Decree of foreclosure suit .] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and V Schedule. 87. [Procedure in case of payment of amount due .] Rep. by s . 156 and the fifth Schedule , ibid. 88. [Decree of sale .] Rep. by s . 156 and V Schedule , ibid. 89. [Procedure when defendant pay amount due .] Rep. by s . 156 and V Schedule , ibid. 90. [Recovery of balance due on mortgage .] Rep. by s . 156 and V Schedule , ibid. Redemption 5[91. Persons who may sue for redemption .Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of, the mortgaged property, namely: (a) any person (other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same; (b) any surety for the payment of the mortgage -debt or any part thereof; or (c) any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property.] 6[92. Subrogation .Any of the persons referred to in section 91 (other than the mortgagor) and any co -mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure or sa le of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee. The right conferred by this section is called the right of subrogation, and a person acquiring the same is said to be subrogated to the rights of the mortgagee whose mortgage he redeems. 1. Ins. by Act 20 of 1929, s. 45 . 2. Subs. by s. 45, ibid., for as the case may be. 3. Added by s. 45, ibid. 4. For the repealed provisions, as re -enacted , see (Act 5 of 1908), Sch. I, Order XXXIV . 5. Subs. by Act 20 of 1929, s. 46, for s. 91. 6. Ins. by s. 47, ibid. Original ss. 92 to 94 were rep. by Act 5 of 1908, s. 156 and the fifth Schedule. 36 A person who has advanced to a mortgagor money with which the mortgage has been redeemed shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed, if the mortgagor has by a registered instrument agreed that such persons shall be so subrogated. Nothing in this section shall be deemed to confer a right of subrogation on any person unless the mortgage in respect of which the right is claimed has been redeemed in full. 93. Prohibition of tacking .No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his original security; and, except in the case provided for by section 79, no mortgagee making a subsequent advance to the mortgagor, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his security for such subsequent advance. 94. Rights of mesne mortgagee .Where a property is mortgaged for successive debts to successive mortgagees, a mesne mortgagee has the same rights against mortgagees posterior to himself as he has against the mortgagor.] 1[95. Right of redeeming co -mortgagor to expenses .Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation under section 92 against his co -mortgagors, be entitled to add to the mortgage -money recoverable from them such proportion of the expenses properly incurred in such redemption a s is attributable to their share in the property. 96. Mortgage by deposit of title -deeds.The provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title -deeds.] 297. [Application of proceeds. ] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and V Schedule. Anomalous Mortgages 98. Rights and liabilities of parties to anomalous mortgages .In the case of 3[an anomalous mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage -deed, and, so far as such contract does not extend, by local usage. 99. [Attachment of mortgaged property. ] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and V Schedule . Charges 100. Charges .Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the prop erty; and all the provisions hereinbefore contained 4[which apply to a simple mortgage shall, so far as may be, apply to such charge]. Nothing in this section applies to the charge of a trustee on the trust property for expenses properly incurred in the ex ecution of his trust, 5[and, save as otherwise expressly provided by any law for the time being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the charge]. 6[101. No merger in case of subsequent encumbrance. Any mortgagee of, or person having a charge upon, immoveable property, or any transferee from such mortgagee or charge -holder, may purchase or otherwise acquire the rights in the pr operty of the mortgagor or owner, as the case may be, without thereby causing the mortgage or charge to be merged as between himself and any subsequent mortgagee of, or person having a subsequent charge upon, the same property; and no 1. Subs. by Act 20 of 1929, s. 48, for s . 95. Original s. 96 was rep. by Act 5 of 1908, s. 156 and Sch. V. 2. For the repealed provisions, as re -enacted, see (Act 5 of 1908), Sch. I, Order XXXIV, rules 12 and 13. 3. Subs. by Act 20 of 1929, s. 49, for certain words. 5. Subs. by Act 20 of 1929, s . 50, for certain words. 6. Added by s. 50, ibid. 7. Subs. by s. 51, ibid., for s. 101. 37 such subsequent mortg agee or charge -holder shall be entitled to for close or sell such property without redeeming the prior mortgage or charge, or otherwise than subject thereto.] Notice and Tender 102. Service or tender on or to agent. Where the person on or to whom any notic e or tender is to be served or made under this Chapter does not reside in the district in which the mortgaged property or some part thereof is situate, service or tender on or to an agent holding a general power -of-attorney from such person or otherwise du ly authori sed to accept such service or tender shall be deemed sufficient. 1[Where no person or agent on whom such notice should be served can be found or is known] to the person required to serve the notice, the latter person may apply to any Court in whi ch a suit might be brought for redemption of the mortgaged property, and such Court shall direct in what manner such notice shall be served, and any notice served in compliance with such direction shall be deemed sufficient: 2[Provided that, in the case of a notice required by section 83, in the case of a deposit, the application shall be made to the Court in which the deposit has been made.] 3[Where no person or agent to whom such tender should be made can be found or is known] to the person desiring to make the tender, the latter person may deposit 4[in any Court in which a suit might be brought for redemption of the mortgaged property] the amount sought to be tendered, and such deposit shall have the effect of a tender of such amount. 103. Notice, etc., to or by person incompetent to contract .Where, under the provisions of this Chapter, a notice is to be served on or by, or a tender or deposit made or accepted or taken out of Court by, any person incompetent to contract, such notice may be served 5[on o r by], or tender or deposit made, accepted or taken by , the legal curator of the property of such person; but where there is no such curator, and it is requisite or desirable in the interests of such person that a notice should be served or a tender or dep osit made under the provisions of this Chapter, application may be made to any Court in which a suit might be brought for the redemption of the mortgage to appoint a guardian ad litem for the purpose of serving or receiving service of such notice, or makin g or accepting such tender, or making or taking out of Court such deposit, and for the performance of all consequential acts which could or ought to be done by such person if he were competent to contract; and the provisions of 6[Order XXXII in the First S chedule to the Code of Civil Procedure, 1908 (5 of 1908)] shall, so far as may be, apply to such application and to the parties thereto and to the guardian appointed thereunder. 104. Power to make rules .The High Court may, from time to time, make rules consistent with this Act for carrying out, in itself and in the Courts of Civil Judicature subject to its superintendence, the provisions contained in this Chapter. CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY 105. Lease defined .A lease of immoveable proper ty is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. Lessor, lessee, premium and rent defined .The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent. 1. Subs. by Act 20 of 1929, s. 52, for certain words. 2. Ins. by s. 52, ibid. 3. Subs. by Act 20 of 1929, s. 52, for certain words. 4. Subs. by s. 52, ibid., for in such Court as last aforesaid. 5. Ins. by s. 53, ibid. 6. Subs. by s. 53, ibid., for Chapter XXXI of the Code of Civil Procedure. 38 1[106. Duration of certain leases in absence of written contract or local usage .(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by s ix months notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or l essee, by fifteen days notice. (2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub -section ( 1) shall commence from the dat e of receipt of notice. (3) A notice under sub -section ( 1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub -section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub -section. (4) Every notice under sub -section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personal ly to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a con spicuous part of the property.] 107. Leases how made .A lease of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. 2[All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession. 3[Where a lease of immoveable property is made by a registered instrument, such instrument or, where there are more instruments than one, each such instrument shall be executed by both the lessor and the lessee:] Provided that the State Government may, 4*** from tim e to time, by notification in the Official Gazette, direct that leases of immoveable property,

Government may, 4*** from tim e to time, by notification in the Official Gazette, direct that leases of immoveable property, other than leases from year to year, or for any term exceeding one year, or reserving a yearly rent, or any class of such leases, may be made by unregistered ins trument or by oral agreement without delivery of possession.] 108. Rights and liabilities of lessor and lessee . In the absence of a contract or local usage to the contrary, the lessor and the lessee of immoveable property, as against one another, respecti vely, possess the rights and ar e subject to the liabilities mentioned in the rules next following, or such of them as are applicable to the property leased: (A) Rights and liabilities of the lessor (a) the lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended use, of which the former is and the latter is not aware, and which the latter could not with ordinary care discover: (b) the lessor is bound o n the lessee s request to put him in possession of the property: (c) the lessor shall be deemed to contract with the lessee that, if the latter pays the rent reserved by the lease and performs the contracts binding on the lessee, he may hold the property d uring the time limited by the lease without interruption. The benefit of such contract shall be annexed to and go with the lessee s interest as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time t o time vested; (B) Rights and Liabilities of the Lessee (d) if during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease: (e) if by fire, tempest or flood, or violence of an army or of a mob, or other irresistible force, any material part of the property be wholly destroyed or rendered substantially and 1. Subs. by Act 3 of 2003, s. 2, for s . 106 (w.e.f. 31 -12-2002). 2. Subs. by Act 6 of 1904, s. 5, for the Second paragraph. 3. Ins. by Act 20 of 1929, s. 55 . 4. The words with the previous sanction of the Governor General in Council omitted by A. O. 1937. 39 permanently unfit for the purposes for which it was let, th e lease shall, at the option of the lessee, be void: Provided that, if the injury be occasioned by the wrongful act or default of the lessee, he shall not be entitled to avail himself of the benefit of this provision: (f) if the lessor neglects to make, within a reasonable time after notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct the expense of such repairs with interest from the rent, or otherwise recover it from the lessor: (g) if the lessor neglects to make any payment which he is bound to make, and which , if not made by him, is recoverable from the le ssee or against the property, the lessee may make such payment himself, and deduct it with interest from the rent, or otherwise recover it from the lessor: (h) the lessee may 1[even after the determination of the lease] remove, at any time 2[whilst he is in possession of the property leased but not afterwards] , all things which he has attached to the earth: provided he leaves the property in the state in which he received it: (i) when a lease of uncertain duration determines by any means except the fault of the lessee, he or his legal representative is entitled to all the crops planted or sown by the lessee and growing upon the property whe n the lease determines, and to free ingress and egress to gather and carry them: (j) the lessee may transfer absolutely or by way of mortgage or sub -lease the whole or any part of his interest in the property, and any transferee of such interest or part ma y again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease: nothing in this clause shall be deemed to authori se a tenant having an un -transferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee: (k) the lessee is bound to disclose to the lesso r any fact as to the nature or extent of the interest which the lessee is about to take, of which the lessee is, and the lessor is not, aware, and which materially increases the value of such interest: (l) the lessee is bound to pay or tender, at the prope r time and place, the premium or rent to the lessor or his agent in this behalf: (m) the lessee is bound to keep, and on the termination of the lease to restore, the property in as good condition as it was in at the time when he was put in possession, subj ect only to the changes caused by reasonable wear and tear or irresistible force, and to allow the lessor and his agents, at all reasonable times during the term, to enter upon the property and inspect the condition thereof and give or leave notice of any defect in such condition; and, when such defect has been caused by any act or default on the part of the lessee, his servants or agents, he is bound to make it good within three months after such notice has been given or left: (n) if the lessee becomes awa re of any proceeding to recover the property or any part thereof, or of any encroachment made upon, or any interference with, the lessor s rights concerning such property, he is bound to give, with reasonable diligence, notice thereof to the lessor: (o) the lessee may use the property and its products (if any) as a person of ordinary prudence would use them if they were his own; but he must not use, or permit another to use, the property for a purpose other than that fo r which it was leased, or fell 1[or sell] timber, pull down or damage buildings 1[belonging to the lessor , or] work mines or quarries not open when the lease was granted, or commit any other act which is destructive or permanently injurious thereto: 1. Ins. by Act 20 of 1929, s. 56. 2. Subs. by s. 56, ibid., for during the continuance of the lease. 40 (p) he must not, without the lessor s cons ent, correct on the property any permanent structure, except for agricultural purposes: (q) on the determination of the lease, the lessee is bound to put the lessor into possession of the property. 109. Rights of lessor s transferee. If the lessor transfer s the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer, cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as t he person liable to him: Provided that the transferee is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liabl e to pay such rent over again to the transferee. The lessor, the transferee and the lessee may determine what proportion of the premium or rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased. 110. Exclusion of day on which term commences .Where the time limited by a lease of immoveable property is expressed as commencing fro m a particular day, in computing that time such day shall be excluded. Where no day of commencement is named, the time so limited begins from the making of the lease. Duration of lease for a year .Where the time so limited is a year or a number of years, i n the absence of an express agreement to the contrary, the lease shall last during the whole anniversary of the day from which such time commences. Option to determine lease .Where the time so limited is expressed to be terminable before its expiration, an d the lease omits to mention at whose option it is so terminable, the lessee, and not the lessor, shall have such option. 111. Determination of lease .A lease of immoveable property determines (a) by efflux of the time limited thereby: (b) where such time is limited conditionally on the happening of some event by the happening of such event: (c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event by the happening of such event: (d) in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right: (e) by express surrender; that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them: (f) by implied surrender: (g) by forfeiture; that is to say, ( 1) in case the lessee breaks an express condition which provides that, on breach thereof, the lessor may re -enter 1***; or ( 2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; 2[or ( 3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re -enter on the happening of such 1. The words or the lease shall become void omitted by Act 20 of 1929, s. 57. 2. Ins. by s. 57, ibid. 41 event]; and in 1[any of these cases] the lessor or his transferee 2[gives notice in writing to the lessee of] his intention to determine the lease: (h) on the expiration of a notice to determine the lease, or to quit, or of i ntention to quit, the property leased, duly given by one party to the other. Illustration to clause ( f) A lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease, and such lease determines thereupon. 112. Waiver of forfeiture. A forfeiture under section 111, clause ( g) is waived by acceptance of rent which has become due since the forfeiture, or by distress for such rent, or by any oth er act on the part of the lessor showing an intention to treat the lease as subsisting: Provided that the lessor is aware that the forfeiture has been incurred: Provided also that, where rent is accepted after the institution of a suit to eject the lessee on the ground of forfeiture; such acceptance is not a waiver. 113. Waiver of notice to quit. A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting. Illustrations (a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires . B tenders, and A accepts, rent which has become due in respect of the prop erty since the expiration of the notice. The notice is waived. (b) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived. 114. Relief against forfeiture for non -payment of rent. Where a lease of immoveable property has determined by forfeiture for non -payment of rent, and the lessor sues to eject the lessee, if, at the hearing of the suit, the lessee pays or tenders to the lessor the rent in arrear, together with interest thereon and his full costs of the suit, or gives such security as the Court thinks sufficient for making such payment within fifteen days, the Court may, in lieu of making a decree for ejectment, pas s an order relieving the lessee against the forfeiture; and thereupon the lessee shall hold the property leased as if the forfeiture had not occurred. 3[114A. Relief against forfeiture in certain other cases .Where a lease of immoveable property has determ ined by forfeiture for a breach of an express condition which provides that on breach thereof the lessor may re -enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing (a) specifying the particular breach complained of; and (b) if the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fails, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy. Nothing in this section shall apply to an express condition against the assigning, under - letting, parting with the possession, or disposing, of the property leased, or to an express condition relating to forfeiture in case of non -payment of rent.] 115. Eff ect of surrender and forfeiture on under -leases.The surrender, express or implied, of a lease of immoveable property does not prejudice an under -lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantia lly the same (except as regards the amount of rent) as those of the original lease; but, unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under -lessee shall be respectively payabl e to and enforceable by the lessor. 1. Subs. by Act 20 of 1929, s. 57, for either case. 2. Subs . by s. 57, ibid., for does some act showing. 3. Ins. by s. 58, ibid. 42 The forfeiture of such a lease annuls all such under -leases, except where such forfeiture has been procured by the lessor in fraud of the under -lessees, or relief against the forfeiture is granted under section 114. 116. Effect of holding over. If a les

or relief against the forfeiture is granted under section 114. 116. Effect of holding over. If a lessee or under -lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under -lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106. Illustrations (a) A lets a house to B for five years. B underlets the house to C at a monthly rent of Rs. 100. The five years expire, but C continues in possession of the house and pays the rent to A. C's lease is renewed from month to month. (b) A lets a farm to B for the life of C. C dies, but B continues in possession with A's assent. B's lease is renewed from year to year. 117. Exemption of leases for agricultural purposes .None of the provisions of this Chapter apply to leases for a gricultural purposes, except in so far as the State Government 1*** may by notification published in the Official Gazette, declare all or any of such provisions to be so applicable 2[in the case of all or any such leases], together with, or subject to, tho se of the local law, if any, for the time being in force. Such notification shall not take effect until the expiry of six months from the date of its publication. CHAPTER VI OF EXCHANGES 118. Exchange defined. When two persons mutually transfer the ownership of one thing for the ownership of another , neither thing or both things being money only, the transaction is called an exchange . A transfer of property in completion of an exchange can be made only in manner provided for the transfer of such pr operty by sale. 3[119. Right of party deprived of thing received in exchange .If any party to an exchange or any person claiming through or under such party is by reason of any defect in the title of the other party deprived of the thing or any part of the thing received by him in exchange, then, unless a contrary intention appears from the terms of the exchange, such other party is liable to him or any person claiming through or under him for loss caused thereby, or at the option of the person so deprived, for the return of the thing transferred, if still in the possession of such other party or his legal representative or a transferee from him without consideration.] 120. Rights and liabilities of parties .Save as otherwise provided in this Chapter, each p arty has the rights and is subject to the liabilities of a seller as to that which he gives, and has the rights and is subject to the liabilities of a buyer as to that which he takes. 121. Exchange of money .On an exchange of money, each party thereby warr ants the genuineness of the money given by him. 1. The words with the previous sanction of the Governor General in Council omitted by Act 38 of 1920, s. 2 and I Schedule. 2. Ins. by Act 6 of 1904, s. 6. 3. Subs. by Act 20 of 1929, s. 59, for s . 119. 43 CHAPTER VII OF GIFTS 122. Gift defined .Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Acceptance when to be made .Such acce ptance must be made during the lifetime of the donor and while he is till capable of giving, If the donee dies before acceptance, the gift is void. 123. Transfer how effected. For the purpose of making a gift of immoveable property, the transfer must be ef fected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. For the purpose of making a gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. Such delivery may be made in the same way as goods sold may be delivered. 124. Gift of existing and future property. A gi ft comprising both existing and future property is void as to th e latter. 125. Gift to several, of whom one does not accept .A gift of a thing to two or more donees, of whom one does not accept it, is void as to the interest which he would have taken had he accepted. 126. When gift may be suspended or revoked .The dono r and done e may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part , at the mere w ill of the donor , is void wholly or in part, as the case may be. A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a gift cannot be revoked. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice. Illustrations (a) A gives a field to B, reserving to himself, with Bs assent, the right to take back the field in case B and his descendants dies before A . B dies without descendants in As lifetime. A may take back the field. (b) A gives a lakh of rupees to B, reserving to himself, with Bs assent, the right to take back at pleasure Rs. 10,000 out of the lakh. The gift holds good as to Rs. 90,000, but is vo id as to Rs.10,000, which continue to belong to A. 127. Onerous gifts. Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not, burdened by an obligation, the donee can take nothing by the gift unless he accepts it fully. Where a gift is in the form of two or more separate and independent transfers to the same person of several things, the don ee is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous. Onerous gift to disqualified person .A don ee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound. 44 Illustrations (a) A has shares in X, a prosperous joint stock company, and also shares in Y, a joint stock company, in difficulties. Heavy calls are expected in respect of the s hares in Y. A give s B all his shares in joint stock companies. B refuses to accept the shares in Y. He cannot take the shares in X. (b) A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is more than the house can be let for, given to B the lease, and also, as a separate and independent transaction, a sum of money. B refuses to accept the lease. He does not by his refusal forfeit the money. 128. Universal donee. Subject to the provisions of section 127, where a gift consists of the donors whole property, the done is personally liable for all the debts due by 1[and liabilities of] the donor at the time of the gift to the extent of the property comprised therein. 129. Saving of donations mortis causa and Muhammadan law. Nothing i n this Chapter related to gifts of moveable property made in contemplation of death, or shall be deemed to affect any rule of Muhammadan law 2***. 3[CHAPTER VIII OF TRANSFERS OF ACTIONABLE CLAIMS 130. Transfer of actionable claim .(1) The transfer of an actionable claim 4[whether with or without consideration] shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, 5*** shall be complete and effectual upon the execution of such instrument, and thereupon all the rights and remedies of the transferor, whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the transfer as is hereinafter provid ed be given or not: Provided that every dealing with the debt or other actionable claim by the debtor or other person from or against whom the transferor would, but for such instrument of transfer as aforesaid, have been entitled to recover or enforce such debt or other actionable claim, shall (save where the debtor or other person is a party to the transfer or has received express notice thereof as hereinafter provided) be valid as against such transfer. (2) The transferee of an actionable claim may, upon the execution of such instrument of transfer as aforesaid, sue or institute proceedings for the same in his own name without obtaining the transferor's consent to such suit or proceedings and without making him a party thereto. Exception. Nothing in this s ection applies to the transfer of a marine or fire policy of insurance 6[or affects the provisions of section 38 of the Insurance Act, 1938 (4 of 1938)]. Illustrations (i) A owes money to B, who transfers the debt to C. B then demands the debt from A, who, not having received notice of the transfer, as prescribed in section 131, pays B. The payment is valid, and C cannot sue A for the debt. (ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A's executor, subject to the proviso in sub -section ( 1) of section 130 and to the provisions of section 132 . 7[130A . Transfer of policy of marine insurance. ] Rep. by the Marine Insurance Act, 1963 (11 of 1963), s. 92 (w .e.f. 1-8-1963). 1. Ins. by Act 20 of 1929, s. 60. 2. The words and figures or, save as provided by s . 123, any rule of Hindu or Buddhist law omitted by Act 20 of 1929, s. 61. 3. Subs. by Act 2 of 1900, s. 4, for the original Chapter VIII. 4. Ins. by Act 20 of 1929, s. 62. 5. The words and figures and notwithstanding anything contained in section 123 ins. by Act 38 of 1925, s. 2, omitted by Act 20 of 1929, s. 62. 6. Added by Act 4 of 1938, s. 121 (w.e.f. 1 -7-1939). 7. Ins. by Act 6 of 1944, s. 2. 45 131. Notice to be in wr iting, signed. Every notice of transfer of an actionable claim shall be in writing, signed by the transferor or his agent duly authori sed in this behalf, or, in case the transferor refuses to sign, by the transferee or his agent, and shall state the name and address of the transferee. 132. Liability of transferee of actionable claim. The transferee of an actionable claim shall take it subject to all the liabilities and equities to which the transferor was subject in respect thereof at the date of the trans fer. Illustrations (i) A transfers to C a debt due to him by B, A being then indebted to B. C sues B for the debt due by B to A. In such suit B is entitled to set off the debt due by A to him; although C was unaware of it at the date of such transfer. (ii) A executed a bond in favour of B under circumstances entitling the former to have it delivered up and cancelled. B assigns the bond to C for value and without notice of such circumstances. C cannot enforce the bond against A. 133. Warranty of solvency of debtor .Where the transferor of a debt warrants the solvency of the debtor, the warranty, in the absence of a contract to the contrary, applies only to his solvency at the time of the transfer, and is limited, where the transfer is made for consideration, to the amount or value of su ch consideration. 134. Mortgaged debt .Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if received by the transferor or recovered by the transferee, is applicable, first, in payment of the costs of such recovery : secondly, in or towards satisfaction of the amount for the time being secured by the transfer; and the residue, if any, belongs to the transferor or other person entitled to receive the same. 1[135. Assignment of rights under pol icy of in surance against fire. Every assignee by endorsement or other writing, of a policy of insurance against fire, in whom the property in the subject insured shall be absolutely vested at the date of the assignment, shall have transferred and vested in him all rights of suit as if the contract contained in the policy had been made with himself.] 2[135A. [Assignment of rights under policy of marine insurance. ] Rep. by the Marine Insurance Act, 1963 (11 of 1963), s. 92 (w.e.f. 1-8-1963). 136. Incapacity of officers con nected with Courts of Justice. No Judge, legal practitioner or officer connected with any Court of Justice shall buy or traffic in, or stipulate for, or agree to receive any share of, or interest in, any actionable claim, and no Court of Justic e shall enforce, at his instance, or at the instance of any person claiming by or through him, any actionable claim so dealt with by him as aforesaid. 137. Saving of negotiable instruments, etc .Nothing in the foregoing sections of this Chapter applies to stocks, shares or debentures, or to instruments which are for the time being, by law or custom, negotiable, or to any mercantile document of title to goods. Explanation. The expression mercantile document of title to goods includes a bill of lading, dock -warrant, warehouse keeper's certificate, railway receipt, warrant or order for the delivery of goods, and any other document used

warehouse keeper's certificate, railway receipt, warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authori sing or purporting to authori se, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented.] 1. Subs. by Act 6 of 1944, s. 3, for s . 135. 2. Ins. by s. 4, ibid. 46 THE SCHEDULE (a) STATUTES Year and Chapter Subject Extent of repeal 27 Hen Year VIII, c. 10 Uses. . . The whole. 13 Eliz., c. 5.. . . Fraudulent conveyances The whole. 27 Eliz., c. 4.. . . Fraudulent conveyances The whole. 4 Mm., and Mary, c. 16 Clandestine mortgages The whole. (b) ACTS OF THE GOVERNOR GENERAL IN COUNCIL Number and year Subject Extent of repeal IX of 1842 Lease and release . The whole. XXXI of 1854. Modes of conveying land. Section 17. XI of 1855 Mesne profits and improvements. Section 1; in the title, the words to mesne profits and , and in the preamble to limit the liability for mesne profitand. XXVII of 1866.. Indian Trustee Act Section 31. IV of 1872 Punjab Laws Act So far as it relates to Benga l Regulations I of 1798 and XVII of 1806. XX of 1875 . Central Provinces Laws Act So far as it relates to Bengal Regulations I of 1798 and XVII of 1806. XVIII of 1876 .. Oudh Laws Act So far as it relates to Benga l Regulation XVII of 1806. I of 1877 Specific Relief In sections 35 and 36, the word in writing. (c) REGULATIONS Number and year Subject Extent of repeal Bengal Regulation I of 1798 Conditional sales The whole Regulation. Bengal Regulation XVII of 1806. Redemption The whole Regulation. Bombay Regulation V of 1827. Acknowledgment of debts; Interest; Mortgagees in possession. Section 15. _____________

THE MARINE INSURANCE ACT, 1963 ACT NO. 11 OF 1963 [18th April, 1963 .] An Act to codify the law relating to marine insurance. BE it enacted by Parliament i n the Fourteenth Year of the Republic of India as follows: 1. Short title and commencement .(1) This Act may be called the Marine Insurance Act, 1963. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions .In this Act, unless the context otherwise requires, (a) contract of marine insurance means a contract of marine insu rance as defined by section 3; (b) freight includes the profit derivable by a ship -owner from the employment of his ship to carry his own goods or other movables, as well as freight payable by a third party, but does not include passage money; (c) insur able property means any ship, goods or other movables which are exposed to maritime perils; (d) marine adventure includes any adventure where (i) any insurable property is exposed to maritime perils; (ii) the earnings or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the security for any advances, loans , or disbursements is endangered by the exposure of insurable property to maritime perils; (iii) any liability to a third party may be incurred by the owne r of, or other person interested in or responsible for, insurable property by reason of maritime perils; (e) maritime perils means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the sea s, fire, war perils , pirates, rovers, thieves, captures, seizures, restraints and detainments of princes and peoples, jettisons, barratry and any other perils which are either of the like kind or may be designated by the policy; (f) movables means any movable tangible prop erty, other than the ship, and includes money, valuable securities and other documents; (g) policy means a marine policy; (h) ship includes every description of vessel used in navigation; (i) suit includes counter -claim and set -off. MARINE INSURANCE 3. Marine insurance defined .A contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, against marine losses, that is to say, the losses incidental to marine adve nture. 4. Mixed sea and land risks.(1) A contract of marine insurance may, by its express terms, or by usage of trade, be extended so as to protect the assured against losses on inland waters or on any land risk which may be incidental to any sea voyage. (2) Where a ship in course of building or the launch of a ship, or any adventure analogous to a marine adventure, is covered by a policy in the form of a marine policy, the provisions of this Act, in so far as applicable, shall apply thereto, but except as by this section provided, nothing in this Act shall alter or 1. 1st August, 1963, vide notification No . S.O. 1925, dated 8th July, 1963, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 5 affect any rule of law applicable to any contract of insurance other than a contract of marine insurance as by this Act defined. Explanation. An adventure analogous to a marine adventure includes an adventure where any ship, goods or other movables are exposed to perils incidental to local or inland transit. 5. Lawful marine adventure .Subject to the provisions of this Act, every lawful marine adventure may be the subject of a contract of marine insurance. INSURABLE INTEREST 6. Avoidance of wagering contracts .(1) Every contract of marine insurance by way of wagering is void. (2) A contract of marine insurance is deemed to be a wagering contract : (a) where the assured has not an insurable interest as defined by this Act, and the contract is entered into with no expectation of acquiring such an interest; or (b) where the policy is made interest or no interest , or without further proof of interest than the policy itself, or without benefit of salvage to the insurer , or subject to any other like term: Provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurer. 7. Insurable interest defined .(1) Subject to the provisions of this Act, every person has an insurable interest who is interested in a marine adventure. (2) In particular a person is interested in a marine adventure where he stands in any legal or equitable relation to the adventure or to any insurable property at risk therein, in consequence of which he may benefit by the safety or due arrival of insurable property, or may be prejudiced by its loss, or by damage thereto, or by the detention thereof, or may incur liability in respect thereof. 8. When interest must attach .(1) The assured must be interested in the subject -matter insured at the time of the loss, though he need not be interested when the insurance is effected : Provided that, where the subject -matter is insured lost or not lost , the assured may recove r although he may not have acquired his interest until after the loss, unless at the time of effecting the contract of insurance the assured was aware of the loss, and the insurer was not. (2) Where the assured has no interest at the time of the loss, he c annot acquire interest by any act or election after he is aware of the loss. 9. Defeasible or contingent interest .(1) A defeasible interest is insurable, as also is a contingent interest. (2) In particular, where the buyer of goods has insured them, he ha s an insurable interest, notwithstanding that he might, at his election, have rejected the goods, or have treated them as at the seller s risk, by reason of the latter s delay in making delivery or otherwise. 10. Partial interest .A partial interest of any nature is insurable. 11. Reinsurance .(1) The insurer under a contract of marine insurance has an insurable interest in his risk, and may reinsure in respect of it. (2) Unless the policy otherwise provides, the original assured has no right or interest in respect of such reinsurance. 12. Bottomry .The lender of money on bottomry or respondentia has an insurable interest in respect of the loan. 13. Masters and seamens wages.The master or any member of the crew of a ship has an insurable interest in respect of his wages. 14. Advance freight .In the case of advance freight, the person advancing the freight has an insurable interest, in so far as such freight is not repayable in ca se of loss. 6 15. Charges of insurance .The assured has an insurable interest in the charges of any insurance which he may effect. 16. Quantum of interest .(1) Where the subject -matter insured is mortgaged, the mortgagor has an insurable interest in the full value thereof, and the mortgagee has an insurable interest in respect of any sum due or to become due under the mortgage. (2) A mortgagee, consignee, or other person having an interest in the subject -matter insured may insure on behalf and for the benefit of other persons interested as well as for his own benefit. (3) The owner of insurable property has an insurable interest in respect of the full value thereof, notwithstanding that some third person may have agreed, or be liable to indemnify him in case o f loss. 17. Assignment of interest .Where the assured assigns or otherwise parts with his interest in the subject -matter insured, he does not thereby transfer to the assignee his rights under the contract of insurance, unless there be an express or implied agreement with the assignee to that effe ct. But the provisions of this section do not affect transmission of interest by operation of law. INSURABLE VALUE 18. Measure of insurable value .Subject to any express provision or valuation in the policy, the insurable value of the subject -matter insure d must be ascertained as follows : (1) In insurance on ship, the insurable value is the value, at the commencement of the risk, of the ship, including her outfit , provisions, and stores for the officers and crew, money advanced for seamen s wages, and othe r disbursements (if any ) incurred to make the ship fit for the voyage or adventure contemplated by the policy, plus the charges of insurance upon the whole . The insurable value, in the case of a steamship, includes also the machinery, boilers, and coals and engine stores if owned by the assured; in the case of a ship driven by power other than steam includes also the machinery and fuels and engine stores, if owned by the assured; and in the case of a ship engaged in a special trade, includes also the ordina ry fittings requisite for that trade . (2) In insurance on freight, whether paid in advance or otherwise, the insurable value is the gross amount of the freight at the risk of the assured, plus the charges of insurance . (3) In insurance on goods or merchand ise, the insurable value is the prime cost of the property insured, plus the expenses of and incidental to shipping and the char ges of insurance upon the whole. (4) In insurance on any other subject -matter, the insurable value is the amount at the risk of the assured when the policy attaches, plus the charges of insurance. DISCLOSURE AND REPRESENTATIONS 19. Insurance is uberrimae fidei .A contract of marine insurance is a contract based upon the utmost good faith, and if the utmost good faith be not observed by either party, the contract may be avoided by the other party. 20. Disclosure by assured .(1) Subject to the provisions of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which, is known to the assured, and the assured is deemed to know every circumstance which, in the ordinary course of business, ought to be kno wn to him. If the assured fails to make such disclosure, the insurer may avoid the contract. (2) Every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) In the absence of inquiry the following circumstances need not be disclosed, namely: (a) any circums tance which diminishes the risk; (b) any circumstance which is known or presumed to be known to the insurer. The insurer is presumed to know matters of co mmon notoriety or knowledge, and matters which an insurer in the ordinary course of his business as such ought to know; 7 (c) any circumstance as to which information is waived by the insurer; (d) any circumstance which it is superfluous to disclose by reaso n of any express or implied warranty. (4) Whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact. (5) The term circumstance includes any communication made to, or information received by, the assured. 21. Disclosure by agent effecting insurance .Subject to the provisions of the preceding section as to circumstances which need not be disclosed, where an insurance is effected for the assured by an agent, the agent must disclose to the insurer (a) every material circumstance which is known to himself, and an agent to insure is deemed to know every circumstance which in the ordinary course of business ought to be known by, or to have been communicated to, him; and (b) every material circumstance wh ich the assured is bound to disclose, unless it comes to his knowledge too late to communicate it to the agent. 22. Representations pending negotiation of contract .(1) Every material representa tion made by the assured or his agent to the insurer during t he negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. (2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or det ermining whether he will take the risk. (3) A representation may be either as to a matter of fact, or as to a matter of expectation or belief. (4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the diffe rence between what is represented and what is actually correct would not be considered material by a prudent insurer. (5) A representation as to a matter of expectation or belief is true if it be made in good faith. (6) A representation may be withdrawn or corrected before the contract is concluded. (7) Whether a particular representation be material or not, is, in each case, a question of fact. 23. When contract is deemed to be concluded .A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the insurer, whether the policy be then issued or not; and for the purpose of showing when the proposal was accepted, reference may be made to the slip, covering note or other customary memorandum of the contract, alt hough it be unstamped. THE POLICY 24. Contract must be embodied in policy .A contract of marine insurance shall not be admitted in evidence unless it is embodied in a marine policy in accordance with this Act. The policy may be executed and issued either at the time when the contract is concluded, or afterwards. 25. What policy mu st specify .A marine policy must specify (1) the name of the assured, or of some person who effects the insurance on his behalf; (2) the subject -matter insured and the risk insured against; (3) the voyage, or period of time, or both, as the case may be, c overed by the insurance; (4) the sum or sums insured; (5) the name or names of the insurer or insurers. 8 26. Signature of insurer .(1) A marine policy must be signed by or on behalf of the insurer. (2) Where a policy is subscribed by or on behalf of two or more insurers, each subscription, unless the contrary be expressed, constitute s a distinct contract with the assured. 27. Voyage and time policies .(1) Where the contract is to insure the subject -matter at and from, or from one place to another or other s, the policy is called a voyage policy , and, where the contract is to insure the subject -matter for a definite period of time, the policy is called a time policy . A contract for both voyage and time may be included in the same policy. (2) A time polic y which is made for any time exceeding twelve months is invalid. 28. Designation and subject -matter .(1) The subject -matter insured must be designat ed in a marine policy with reasonable certainty. (2) The nature and extent of the interest of the assured in the subject -

at ed in a marine policy with reasonable certainty. (2) The nature and extent of the interest of the assured in the subject -matter insured need not be specified in the policy. (3) Where the policy designates the subject -matter insured in general terms, it shall be construed to apply to the interest intended by the assured to be covered. (4) In the application of this section regard shall be had to any usage regulating the designation of the subject -matter insured. 29. Valued policy .(1) A policy may be either valued or unvalued. (2) A valued policy is a policy which specifies the agreed value of the subject -matter insured. (3) Subject to the provisions of this Act, and in the absence of fraud, the value fixed by the policy is, as between the insurer and assured, conclusive of the insurable value of the subject intended to be insured, whether the loss be total or pa rtial. (4) Unless the policy otherwise provides, the value fixed by the policy is not conclusive for the purpose of determining whether there has been a constructive total loss. 30. Unvalued policy .An unvalued policy is a policy which does not specify the value of the subject -matter insured, but subject to the limit of the sum insured, leaves the insurable value to be subsequently ascertained, in the manner hereinbefore explained. 31. Floating policy b y ship or ships .(1) A floating policy is a policy which describes the insurance in general terms, and leaves the name or names of the ship or ships and other particulars to be defined by subsequent declaration. (2) The subsequent declaration or declaratio ns may be made by endorsement on the policy, or in other customary manner. (3) Unless the policy otherwise provides, the declarations must be made in the order of dispatch or shipment. They must, in the case of goods, comprise all consignments within the t erms of the policy, and the value of the goods or other property must be honestly stated, but an omission or erroneous declaration may be rectified even after loss or arrival, provided the omission or declaration was made in good faith. (4) Unless the poli cy otherwise provides, where a declaration of value is not made until after notice of loss or arrival, the policy must be treated as an unvalued policy as regards the subject -matter of that declaration. 32. Construction of terms in policy .(1) A policy may be in the form in the Schedule. (2) Subject to the provisions of this Act, and unless the context of the policy otherwise requires, the terms and expressions mentioned in the Schedule shall be construed as having the scope and meaning assigned to them in the Schedule. 33. Premium to be arranged .(1) Where an insurance is effected at a premium to be arranged, and no arrangement is made, a reasonable premium is payable. 9 (2) Where an insurance is effected on the terms that an additional premium is to be arranged in a given event, and that event happens but no arrangement is made, then a reasonable additional premium is payable. DOUBLE INSURANCE 34. Double insurance .(1) Where two or more policies are effected by or on behalf of the assured on the sa me adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this Act, the assured is said to be over -insured by double insurance. (2) Where the assured is over -insured by double insurance (a) the assured, unless the policy otherwise provides, may claim payment from the insurers in such order as he may think fit, provided that he is not entitled to receive any sum in excess of the indemnity allowed by this Act; (b) where the policy under which the assured claims is a valued policy, the assured must give credit as against the valuation, for any sum received by him under any other policy, without regard to the actual value of the subject -matter insured; (c) where the policy under which the assured claims is an unvalued policy he must give credit, as against the full insurable value, for any sum received by him under any other policy; (d) where the assured receives any sum in excess of the indemnity allowed by this Act, he is deemed to hold such sum in trust for the insurers, according to their right of contribution among themselves. WARRANTIES, ETC. 35. Nature of warranty .(1) A warranty, in the following sections relating to warranties, means a promissory warranty , that is to say a warranty by which the assured undertakes that some particular thing shall or shall not be done, or that some condition shall be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts. (2) A warranty ma y be express or implied. (3) A warranty, as above defined, is a condition which must be exactly complied with, whether it be material to the risk or not. If it be not so complied with, then, subject to any express provision in the policy , the insurer is di scharged from liability as from the date of the breach of warranty , but without prejudice to any liability incurred by him before that date. 36. When breach of warranty excused .(1) Non -compliance with a warranty is excused when, by reason of a change of c ircumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law. (2) Where a warranty is broken, the assured cannot avail himself of the defence that the breach has been remedied, and the war ranty complied with before loss. (3) A breach of warranty may be waived by the insurer. 37. Express warranties .(1) An express warranty may be in any form of words from which the intention to warrant is to be inferred. (2) An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. (3) An express warranty does not exclude implied warranty, unless it be inconsistent therew ith. 38. Warranty of neutrality .(1) Where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the as sured can control the matter, its neutral character shall be preserved during the risk. 10 (2) Where a ship is expressly warranted neutral , there is also an implied condition that, so far as the assured can control the matter, she shall be properly docume nted, that is to say, that she shall carry the necessary papers to establish her neutrality, and that she shall not falsify or suppress her papers, or use simulated papers. If any loss occurs through breach of this condition, the insurer may avoid the cont ract. 39. No implied warranty of nationality .There is no implied warranty as to the nationality of a ship, or that her nationality shall not be changed during the risk. 40. Warranty of good safety .Where the subject -matter insured is warranted well or in good safety on a particular day, it is sufficient if it be safe at any time during that day. 41. Warranty of seaworthiness of ship .(1) In a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy f or the purpose of the particular adventure insured. (2) Where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port. (3) Where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworth y in respect of such preparation or equipment for the purposes of that stage. (4) A ship is deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured. (5) In a time policy there is no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the privity of the assured, the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness. 42. No implied warranty that goods are seaworthy .(1) In a policy on goods or other moveable there is no implied warranty that the goods or movables are seaworthy. (2) In a voyage policy on goods or other movables there is an implied warranty that at the comme ncement of the voyage the ship is not only seaworthy as a ship, but also that she is reasonably fit to carry the goods or other movables to the destination contemplated by the policy. 43. Warranty of legality .There is an implied warranty that the adventure insured is a lawful one, and that, so far as the assured can control the matter, the adventure shall be carried out in a lawful manner. THE VOYAGE 44. Implied condition as to commencement of risk .(1) Where the subject -matter is insured by a voya ge policy at and from or from a particular place, it is not necessary that the ship should be at that place when the contract is concluded, but there is an implied condition that the adventure shall be commenced within a reasonable time, and that if th e adventure be not so commenced the insurer may avoid the contract. (2) The implied condition may be negatived by showing that the delay was caused by circumstances known to the insurer before the contract was concluded, or by showing that he waived the condition. 45. Alteration of port of departure .Where the place of departure is specified by the policy, and the ship instead of sailing from that place sails from any other place, the risk does not attach. 46. Sailing for diffe rent destination .Where the destination is specified in the policy, and the ship, instead of sailing for that destination, sails for any other destination, the risk does not attach. 47. Change of voyage .(1) Where, after the commencement of the risk, the d estination of the ship is voluntarily changed from the destination contemplated by the policy, there is said to be a change of voyage. 11 (2) Unless the policy otherwise provides, where there is a change of voyage, the insurer is discharged from liability as from the time of change, that is to say, as from the time when the determination to change it is manifested ; and it is immaterial that the ship may not in fact have left the course of voyage contemplated by the policy when the loss occurs. 48. Deviation .(1) Where a ship, without lawful excused, deviates from the voyage contemplated by the policy, the insured is discharged from liability as from the time of deviation, and it is immaterial that the ship may have regained her route before any loss occurs. (2) There is a deviation from the voyage contemplated by the policy (a) where the course of the voyage is specifically designated by the policy, and that course is departed from; or (b) where the course of the voyage is not specifically designated by the policy, but the usual and customary course is departed from. (3) The intention to deviate is immaterial; there must be a deviation in fact to discharge the insurer from his liability under the contract. 49. Several ports of discharge .(1) Where several ports of discharge are specified by the policy, the ship may proceed to all or any of them, but, in the absence of any usage or sufficient cause to the contrary, she must proceed to them, or such of them as she goes to, in the order designated by the policy. If she does not , there is a deviation. (2) Where the policy is to ports of discharge , within a given area, which are not named, the ship must, in the absence of any usage or sufficient cause to the contrary, proceed to them, or such of them as she goes to, in their geographical order. If she does not , there is a deviation. 50. Delay in voyage .In the case of a voyage policy, the adventure insured must be prosecuted throughout its course with reasonable dispatch, and, if without lawful excuse it is not so prosecuted, the insurer is discharged from liability as from the time when the delay became unreasonable. 51. Excuse for deviation or delay .(1) Deviation or delay in prosecuting the voyage co ntemplated by the policy is excused (a) where authorised by any special term in the policy; or (b) where caused by circumstances beyond the control of the master and his employer; or (c) where reasonably necessary in order to comply with an express or imp lied warranty; or (d) where reasonably necessary for the safety of the ship or subject -matter insured; or (e) for the purpose of saving human life or aiding a ship in distress where human life may be in danger; or (f) where reasonably necessary for the pur pose of obtaining medical or surgical aid for any person on board the ship; or (g) where caused by the barratrous conduct of the master or crew, if barratry be one of the perils insured against. (2) When the cause excusing the deviation or delay ceases to operate, the ship must resume her course, and prosecute her voyage with reasonable dispatch. ASSIGNMENT OF POLICY 52. When and how policy is assignable .(1) A marine policy may be transferred by assignment unless it contains terms expressly prohibiting assignment. It may be assigned either before or after loss. (2) Where a marine policy has been assigned so as to pass the beneficial interest in such policy, the assignee of the policy is entitled to sue thereon in his own name; and the defendant is entitled to make any defence arising out of the contract which he would have been entitled to make if the suit had been brought in the name of the person by or on beha lf of whom the policy was effected. 12 (3) A marine policy may be assigned by endorsement thereon or in other customary manner. 53. Assured who has no interest cannot assign .Where the assured has parted with or lost his interest in the subject -matter insured , and has not , before or at the time of so doing expressly or impliedly agreed to assign the policy, any subsequent assignment of the policy is inoperative: Provided that nothing in this section affects the assignment of a policy after loss. THE PREMIUM 54. When premium payable .Unless otherwise agreed, the duty of the assured or his agent to pay the premium, and the duty of the insurer to issue the policy to the assured or his agent, are concurrent conditions, and the insurer is not bound to issue the poli cy until payment or tender of the premium. LOSS AND ABANDONMENT 55. Included and excluded losses .(1) Subject to the provisions of this Act, and unless the policy otherwise provides, the insurer is liable for any loss proximately caused by a peril

provisions of this Act, and unless the policy otherwise provides, the insurer is liable for any loss proximately caused by a peril insured against, but, subject as aforesaid, he is not liable for any loss which is not proximately caused by a peril insured against. (2) In particular (a) the insurer is not liable for any loss attributable to the wilful misconduct of the assured, but, unless th e policy otherwise provides, he is liable for any loss proximately caused by a peril insured against, even though the loss would not have happened but for the misconduct or negligence of the master or crew; (b) unless the policy otherwise provides, the ins urer on ship or goods is not liable for any loss proximately caused by delay, although the delay be caused by a peril insured against; (c) unless the policy otherwise provides, the insurer is not liable for ordinary wear and tear, ordinary leakage and breakage, inherent vice or nature of the subject -matter insured, or for any loss proximately caused by rats or vermin, or for any injury to machinery not proximately caused by maritime perils. 56. Partial and total loss .(1) A loss may be either total or p artial. Any loss other than a total loss, as hereinafter defined, is a partial loss. (2) A total loss may be either an actual total loss, or a constructive total loss. (3) Unless a different intention appears from the terms of the policy, an insurance agai nst total loss includes a constructive, as well as an actual, total loss. (4) Where the assured brings a suit for a total loss and the evidence proves only a partial loss, he may, unless the policy otherwise provides, recover for a partial loss. (5) Where goods reach their destination in specie, but by reason of obliteration of marks, or otherwise, they are incapable of identification, the loss, if any , is partial and not total. 57. Actual total loss .(1) Wher e the subject -matter insured is destroyed, or so damaged as to cease to be a thing of the kind insured, or where the assured is irretrievably deprived thereof, there is an actual total loss. (2) In the case of an actual total loss no notice of abandonment n eed be given. 58. Missing ship .Where the ship concerned in the adventure is missing, and after the lapse of a reasonable time no news of her has been received, an actual total loss may be presumed. 59. Effect of transhipment, etc. Where, by a peril insured against, the voyage is interrupted at intermediate port or place, under such circumstances as, a part from any special stipulation in the contract of a freightment , to justify the master in landing and reshipping the goods or other movables, or in transhipping them, and sending them on to their destination, the liability of the insurer continues, notwithstanding the landing or transhipment. 13 60. Constructive total loss defined .(1) Subject to any express provision in the policy, there is a constructi ve total loss where the subject -matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because it could not be preserved from actual total loss without an expenditure which would exceed its value when the expenditure had been incurred. (2) In particular, there is a constructive total loss (i) where the assured is deprived of the possession of his ship or goods by a peril insured against, and (a) it is unlikely that he can recover the ship or goods, as the case may be, or (b) the cost of recovering the ship or goods, as the case may be, would exceed their value when recovered; or (ii) in the case of damage to a ship, where she is so damaged by a peril insured against that the cost of repairing the damage would exceed the value of the ship when repaired. In estimating the cost of repairs, no deduction is to be made in respect of general average contributions to those repairs payable by other interests, but account is to be taken of the expense of future sa lvage operations and of any future general average contributions to which the ship would be liable if required; or (iii) In the case of damage to goods, where the cost of repairing the damage and forwarding the goods to their destination would exceed their value on arrival. 61. Effect of constructive total loss .Where there is a constructive total loss the assured may either treat the loss as a partial loss, or abandon the subject -matter insured to the insurer and treat the loss as if it were an actual tota l loss. 62. Notice of abandonment .(1) Subject to the provisions of this section, where the assured elects to abandon the subject -matter insured to the insurer, he must give notice of abandonment. If he fails to do so the loss can only be treated as a partial loss. (2) Notice of abandonment may be given in writing, or by word of mouth, or partly in writing and partly by word of mouth, and may be given in any terms which indicate the intention of the assured to abandon his insured interest in the subject -matter insured unconditionally to the insurer. (3) Notice of abandonment must be given with reasonable diligence after the receipt of reliable information of the loss, but where the information is of a doubtful character the assured is entitled to a reaso nable time to make enquiry. (4) Where notice of abandonment is properly given, the rights of the assured are not prejudiced by the fact that the insurer refuses to accept the abandonment. (5) The acceptance of an abandonment may be either express or implie d from the conduct of the insurer. The mere silence of the insurer after notice is not a n acceptance. (6) Where notice of abandonment is accepted the abandonment is irrevocable. The acceptance of the notice conclusively admits liability for the loss and th e sufficiency of the notice. (7) Notice of abandonment is unnecessary where at the time when the assured receives information of the loss, there would be no possibility of benefit to the insurer if notice were given to him. (8) Notice of abandonment may be waived by the insurer. (9) When an insurer has reinsured his risk, no notice of abandonment need be given by him. 63. Effect of abandonment .(1) Where there is a valid abandonment the insurer is entitled to take over the interest of the assured in whateve r may remain of the subject -matter insured, and all proprietary rights incidental thereto. 14 (2) Upon the abandonment of a ship, the insurer thereof is entitled to any freight in course of being earned, and which is earned by her subsequent to the casualty causing the loss, less the expenses of earning it incurred after the casualty; and, where the ship is carrying the owner s goods, the insurer is entitled to a reasonable remuneration for the carriage of them subsequent to the casualty causing the loss. PARTIAL LOSSES (INCLUDING SALVAGE AND GENERAL AVERAGE AND PARTICULAR CHARGES) 64. Particular average loss .(1) A particular average loss is a partial loss of the subject -matter insured, caused by a peril insured against, and which is not a general average lo ss. (2) Expenses incurred by or on behalf of the assured for the safety or preservation of the subject -matter insured, other than general average and salvage charges, are called particular charges. Particularly charges are not included in particu lar average. 65. Salvage charges .(1) Subject to any express provision in the policy, salvage charges incurred in preventing a loss by perils insured against may be recovered as a loss by those perils. (2) Salvage charges means the charges recoverable un der maritime law by a salvor independently of contract. They do not include the expenses of services in the nature of salvage rendered by the assured or his agents, or any person employed for hire by them, for the purpose of averting a peril insured agains t. Such expenses, where properly incurred, may be recovered as particular charges or as a general average loss, according to the circumstances under which they were incurred. 66. General average loss .(1) A general average loss is a loss caused by or directly consequential on a general average act. It includes a general average expenditure as well as a general average sacrifice. (2) There is a general average act where any extraordinary sacrifice or expendit ure is voluntarily and reasonably made or incurred in time of peril for the purpose of preserving the property imperilled in the common adventure. (3) Where there is a general average loss, the party on whom it falls is entitled, subject to the conditions imposed by maritime law, to a rateable contribution from the other parties interested, and such contribution is called a general average contribution. (4) Subject to any express provision in the policy, where the assured has incurred a general average or expenditure, he may recover from the insurer in respect of the proportion of the loss which falls upon him; and in the case of a general average sacrifice, he may recover from the insurer in respect of the whole loss without having enforced his right of con tribution from the other parties liable to contribute. (5) Subject to any express provision in the policy, where the assured has paid, or is liable to pay, a general average contribution in respect of the interest i nsured, he may recover therefor from the insurer. (6) In the absence of express stipulation, the insurer is not liable for any general average loss or contribution where the loss was not incurred for the purpose of avoiding, or in connection with the avoidance of a peril insured against . (7) Where ship, freight, and cargo, or any two of those interests, are owned by the same assured, the liability of the insurer in respect of general average losses or contributions is to be determined as if those interests were owned by different persons . MEASURE OF INDEMNITY 67. Extent of liability of insurer for loss .(1) The sum which the assured can recover in respect of a loss on a policy by which he is insured, in the case of an unvalued policy to the full extent of the insurable value , or, in the case of a valued policy to the full extent of the value fixed by the policy, is called the measure of indemnity. (2) Where there is a loss recoverable under the policy, the insurer , or each insurer if there be more than one, is liable for such prop ortion of the measure of indemnity as the amount of his subscription bears to the value fixed by the policy in the case of a valued policy, or to the insurable value in the case of an unvalued policy. 15 68. Total loss .Subject to the provisions of this Act, and to any express provision in the policy, where there is a total loss of the subject -matter insured (1) if the policy be a valued policy, the measure of indemnity is the sum fixed by the policy; (2) if the policy be an unvalued policy, the measure of in demnity is the insurable value of the subject -matter insured. 69. Partial loss of ship .Where a ship is damaged, but is not totally lost, the measure of indemnity subject to any express provision in the policy, is as follows (1) where the ship has been repaired, the assured is entitled to the reasonable cost of the repairs, less the customary deductions, but not exceeding the sum insured in respect of any one casualty; (2) where the ship has been only partially repaired, the assured is entitled to the reasonable cost of such repairs, computed as above, and also to be indemnified for the reasonable depreciation, if any, arising from the unrepaired damage, provided that the aggregate amount shall not exceed the cost of repairing the whole damage, computed as above; (3) where the ship has not been repaired, and has not been sold in her damaged state during the risk, the assured is entitled to be indemnified for the reasonable depreciation arising from the unrepaired damage, but not exceeding the reasonable cost of repairing such damage, computed as above; (4) where the ship has not been repaired, and has been sold in her damaged state during the risk, the assured is entitled to be indemnified for the reasonable cost of repairing the damage, computed as above , but not exceeding the depreciation in value as ascertained by the sale. 70. Partial loss of freight .Subject to any express provision in the policy, where there is a partial loss of freight, the measure of indemnity is such proportion of the sum fixed by the policy in the case of a valued policy or of the insurable value in the case of an unvalued policy, as the proportion of freight lost by the assured bears to the whole freight at the risk of the assured under the policy. 71. Partial loss of goods, merc handise, etc. Where there is a partial loss of goods, merchandise, or other movable, the measure of indemnity, subject to any express provision in the policy, is as follows: (1) where part of the goods, merchandise or other movable insured by a valued pol icy is totally lost, the measure of indemnity is such proportion of the sum fixed by the policy as the insurable value of the part lost bears to the insurable value of the whole, ascertained as in the case of an unvalued policy; (2) where part of the goods, merchandise or other movable insured by an unvalued policy is totally lost, the measure of indemnity is the insurable value of the part lost, ascertained as in case of total loss; (3) where the whole or any part of the goods or merchandise insured h as been delivered damaged at its destination, the measure of i demnity is such proportion of the sum fixed by the policy in the case of a valued policy, or of the insurable value in the case of an unvalued policy, as the difference between the gross sound a nd damaged values at the place of arrival bears to the gross sound value; (4) Gross value means the wholesale price, or, if there be no such price, the estimated value, with, in either case, freight, landing charges, and duty paid beforehand; provided that, in the case of goods or merchandise customarily sold in bond, the bonded price is deeme d to be the gross value. Gross proceeds means the actual price obtained at a sale where all charges on sale are paid by the sellers. 72. Apportionment of valuation .(1) Where different species of property are insured under a single valuation, the valuati on must be apportione d over the different species in proportion to their respective insurable values, as in the case of an unvalued policy. The insured value of any part of a species is such proportion of the total insured value of the same as the insurabl e value of the part bears to the insurable value of the whole, ascertained in both cases as provided by this Act. 16 (2) Where a valuation has to be apportioned, and particulars of the prime cost of each separate species, quality, or description of goods cann ot be ascertained, the division of the valuation may be made over the net arrived sound values of the different species, qualities, or descriptions of goods. 73. General average contributions and salvage charges .(

net arrived sound values of the different species, qualities, or descriptions of goods. 73. General average contributions and salvage charges .(1) Subject to any express provision in the policy, where the assured has paid, or is liable for, any general average contribution, the measure of indemnity is the full amount of such contribution if the subject -matter liable to contribution is insured for its full contributory value; but, if such subject -matter be not insured for its full contributory value, or if only part of it be insured, the indemnity payable by the insurer must be reduced in proportion to the under -insurance, and where there has been a particular average loss which constitute s a deduction from the contributory value, and for which the insurer is liable, that amount must be deducted from the insured value in order to ascertain what the insurer is liable to contribute. (2) Where the insurer is liable for salvage charges the exte nt of his liabilities must be determined on the like principle . 74. Liabilities to third parties .Where the assured has effected an insurance in express terms against any liability to a third party, the measure of indemnity, subject to any express provision in the policy, is the amount paid or payable by him to such third party in respect of such liability. 75. General provisions as to measure of indemnity .(1) Where there has been a loss in respect of any subject -matter not expressly provided for in the foregoing provisions of this Act, the measure of indemnity shall be ascertained as nearly as may be, in a ccordance with those provisions, in so far as applicable to the particular case. (2) Nothing in the provisions of this Act relating to the measure of indemnity shall affect the rules relating to double insurance, or prohibit the insurer from disproving int erest wholly or in part, or from showing that at the time of the loss the whole or any part of the subject -matter insured was not at risk under the policy. 76. Particular average warranties .(1) Where the subject -matter insured is warranted free from particular average, the assured cannot recover for a loss of part, other than a loss incurred by a general average sacrifice, unless the contract contained in the policy be apportionable; but, if the contract be apportionable, the assured may recover for a tota l loss of any apportionable part. (2) Where the subject -matter insured is warranted free from particular average, either wholly or under a certain percentage, the insurer is nevertheless liable for salvage charges, and for particular charges and other expe nses properly incurred pursuant to the provisions of the suing and labouring clause in order to avert a loss insured against. (3) Unless the policy otherwise provides , where the subject -matter insured is warranted free from particular average under a speci fied percentage, a general average loss cannot be added to a particular average loss to make up the specified percentage. (4) For the purpose of ascertaining whether the specified percentage has been reached, regard shall be had only to the actual loss suf fered by the subject -matter insured. Particular charges and the expenses of and incidental to ascertaining and proving the loss must be excluded. 77. Successive losses .(1) Unless the policy otherwise provides, and subject to the provisions of this Act, th e insurer is liable for successive losses, even though the total amount of such losses may exceed the sum insured. (2) Where, under the same policy, a partial loss, which has not been repaired or otherwise made good, is followed by a total loss, the assure d can only recover in respect of the total loss: Provided that nothing in this section shall affect the liability of the insurer under the suing and labouring clause. 78. Suing and labouring clause .(1) Where the policy contains a suing and labouring clause, the engagement thereby entered into is deemed to be supplementary to the contract of insurance, and the assured may recover from the insurer any expenses properly incurred pursuant to the clause, 17 notwithstanding that the insurer may have paid for a total loss, or that the subject -matter may have been warranted free from particular average, either wholly or under a certain percentage. (2) General average losses and contributions and salvage charges, as defined by this Act, are not recoverable under the suing and labouring clause. (3) Expenses incurred for the purpose of averting or diminishing any loss not covered by the policy are not recoverable under the suing and labouring clause. (4) It is the duty of the assured and his agents, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising a loss. RIGHTS OF INSURER ON PAYMENTS 79. Right of subrogation .(1) Where the insurer pays for a total loss, either of the whole, or in the case of goods of any apportionabl e part, of the subject -matter insured, he thereupon becomes entitled to take over the interest of the assured in whatever may remain of the subject -matter so paid for, and he is thereby subrogated to all the rights and remedies of the assured in and in res pect of that subject -matter as from the time of the casualty causing the loss. (2) Subject to the foregoing provisions, where the insurer pays for a partial loss, he acquires no title to the subject -matter insured, or such part of it as may remain, but he is thereupon subrogated to all rights and remedies of the assured in and in respect of the subject -matter insured as from the time of the casualty causing the loss, in so far as the assured has been indemnified, according to this Act, by such payment for the loss. 80. Right of contribution .(1) Where the assured is over -insured by double insurance, each insurer is bound, as between himself and the other insurers, to contribute rateably to the loss in proportion to the amount for which he is liable under his contract. (2) If any insurer pays more than his proportion of the loss, he is entitled to maintain a suit for contribution against the other insurers, and is entitled to the like rem edies as a surety who has paid more than his proportion of the debt. 81. Effect of unde r-insurance .Where the assured is insured for an amount less than the insurable value, or, in the case of a valued policy, for an amount less than the policy valuation, he is deemed to be his own insurer in respect of the uninsured balance. RETURN OF PREMIUM 82. Enforcement of return .Where the premium, or a proportionate part thereof, is, by this Act, declared to be returnable (a) if already paid, it may be recovered by the assured from the insurer, and, (b) if unpaid, it may be retained by the assured or his agent. 83. Return by agreement .Where the policy contains a stipulation for the return of the premium, or a proportionate part thereof, on the happening of a certain event, and that event happens, the premium, or, as the case may be, the proportionate part thereof, is thereupon returnable to the assured. 84. Return for failure of consideration .(1) Where the consideration for the payment of the premium totally fails, and there has been no fraud or illegality on the part of the assured or his agents, the premium is thereupon returnable to the assured. (2) Where the consideration for the payment of the premium is apportionable and th ere is a total failure of any apportionable part of the consideration, a proportionate part of the premium is, under the like conditions, thereupon returnable to the assured. (3) In particular: (a) where the policy is void, or is avoided by the insurer as from the commencement of the risk, the premium is returnable, provided there has been no fraud or illegality on the part of the assured; but if the risk is not apportionable, and has once attached, the premium is not returnable; 18 (b) where the subject -matter insured, or part thereof, has never been inperilled the premium, or, as the case may be, a proportionate part thereof, is returnable: Provided that where the subject -matter has been insured lost or not lost , and has arrived in safety at the time when the contract is concluded, the premium is not returnable unless, at such time, the insurer knew of the safe arrival; (c) where the assured has n o insurable interest throughout the currency of the risk the premium is returnable, provided th at the rule does not apply to a policy effected by way of wagering; (d) where the assured has a defeasible interest which is terminated during the currency of the risk, the premium is not returnable; (e) where the assured has over -insured under an unvalued policy, a proportionate part of the premium is returnable; (f) subject to the foregoing provisions, where the assured has over -insured by double insurance, a proportionate part of the several premiums is returnable: Provided that, if the policies are effe cted at different times, and any earlier policy has at any time borne the entire risk, or if a claim has been paid on the policy in respect of the full sum insured thereby, no premium is returnable in respect of that policy, and when the double insurance i s effected knowingly by the assured no premium is returnable. SUPPLEMENTAL 85. Ratification by assured .Where a contract of marine insurance is in good faith effected by one person on behalf of another, the person on whose behalf it is effected may ratify the contract even after he is aware of a loss. 86. Implied obligation varied by agreement or usage .(1) Where any right, duty, or lia bility would arise under a contract of marine insurance by implication of law, it may be negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract. (2) The provisions of this section extend to any right, duty, or liability declared by this Act which may be lawfully modified by agreement. 87. Reasonable time, etc., a question of fact .Where by this Act any reference is made to reasonable time, reasonable premium, or reasonable diligence, the question what is reasonable is a question of fact. 88. Covering note as evidence .Where there is a duly stamped policy, reference may be made, as heretofore, to the slip or covering note, in any legal proceeding. 89. Power to apply Act with modifications , etc., in certain cases .The Central Government may, by notification in the Official Gazette, direct that the provisions of this Act shall, in their application to contracts of marine insurance relating to any class of ships exclusively used in inland navigation, be subject to such conditions, exceptions and modifications as it may specify in the notification. 90. Certain provisions to override Transfer of Property Act, 1882 .Nothing in clause ( e) of section 6 of the Transfer of Property Act, 1882 (4 of 1882) , shall affect the provisions of sections 17, 52, 53 and 79. 91. Savings .The rules of law, including the law merchant, which applied to contracts of marine insurance immediately before the commencement of this Act , save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts of marine insurance. 92. [Repeals. ] Rep. by the Repealing and Amending Act, 1974 (56 of 1978), s. 2 and the First Schedule (w.e.f. 20-12-1974). 19 SCHEDULE FORM OF POLICY (See section 24) BE IT KNOWN THAT ...... as well in .. own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all doth make assurance and cause . and them, and every of them, to be insured lost or not lost, at and from upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat and other furnit ure, of and in the good ship or vessel called the . whereof is master for this present voyage or whosoever else shall go for master in the said ship or by whatsoever other name or names the said ship, or the master thereof, is or shall be named or called; beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship . upon the said ship, etc and so shall continue and endure, during her abode there, upon the said ship etc. And further, until the said ship , with all her ordnance, tackle, apparel, etc., and goods and merchandises whatsoever shall be arrived at . upon the said ship, etc., until she hath moored at anchor twenty -four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed. And it shall be lawful for the said ship, etc., in this voyage to proceed and sail to and touch and stay at any ports or plac es whatsoever without prejudice to this insurance. The said ship, etc., goods and merchandises, etc., for so much as concerned the assured by agreement between the assured and assurers in this policy, are and shall be . valued at . Touching the adventures and perils which we the assurers are contended to bear , and do take upon us in this voyage; they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letter of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what n ation, condition, or quality so ever, barratry of the master and mariners, and of all other perils , losses, and misfortunes that have or shall come to the hurt, detriment , or damage of the said goods and merchandises, and ship, etc., or any part thereof. And in case of any loss or misfortune it shall be lawful to the assured, their factors, servants and assigns, to sue, labour, and travel for, in and about the defence, saf eguards and recovery of the said goods and merchandises and ship , etc., or any part thereof, without prejudice to this Insurance; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured . And it is especially declared and agreed that no acts of the insurer or insured in recovering, saving, or preserving the property insured shall be considered as a waiver, or acceptance of abandonment. And so we, the assurers, are contended, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due into us for this assurance

, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due into us for this assurance by the assured, at and after the rate of In witness whereof we, the assurers, have subscribed our names and sums assured in ..... MEMORANDUM N. B.Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general o r the ship be stranded, sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five per cent. and all other goods , also the ship and freight, are warranted free from average, under three per cent . unless general , or the ship be stranded. RULES FOR CONSTRUCTION OF POLICY The following are the rules referred to by this Act for the construction of a policy in the above or other like form, where the context does n ot otherwise require : 1. Lost and not lost. Where the subject -matter is insured lost or not lost and the loss has occurred before the contract is concluded, the risk attaches unless, at such time the assured was aware of the loss, and the insurer was not. 20 2. From.Where the subject -matter is insur ed from a particular place, the risk does not attach until the ship starts on the voyage insured. 3. At and from. (a) Where a ship is insured at and from a particular place, and she is at that place in good safety when the contract is concluded, the ri sk attaches immediately. (b) If she be not at that place when the contract is concluded, the risk attaches as soon as she arrives there in good safety, and, unless the policy otherwise provides, it is immaterial that she is covered by another policy for a specified time after arrival. (c) Where chartered freight is insured at and from a particular place, and the ship is at that place in good safety when the contract is concluded, the risk attaches immediately. If she be not there when the contract is conc luded, the risk attaches as soon as she arrives there in good safety. (d) Where freight, other than chartered freight, is payable without special conditions and is insured at and from a particular place, the risk attaches pro rata as the goods or merchan dise are shipped; provided that if there be cargo in readiness which belongs to the ship -owner, or which some other person has contracted with him to ship, the risk attaches as soon as the ship is ready to receive such cargo. 4. From the loading thereof. Where goods or other movables are insured from the loading thereof , the risk does not attach until such goods or movables are actually on board, and the insurer is not liable for them while in transit from the shore to the ship. 5. Safe ly landed. Where the risk on goods or other movables continues until they are safely landed , they must be landed in the customary manner and within a reasonable time after arrival at the port of discharge, and if they are not so landed the risk ceases. 6. Touch and stay .In the absence of any further license or usage, the liberty to touch and stay at any port or place whatsoever does not authorise the ship to depart from the course of her voyage from the port of departure to the port of destination. 7. Perils of the seas.The term perils of the seas refers only to fortuitous accidents or casualties of the seas. It does not include the ordinary action of the winds and waves. 8. Pirates. The term pirates includes passengers who mutiny and rioters who attack the ship from the shore. 9. Thieves. The term thieves does not cover clandestine theft or a theft committed by any one of the ship s company, whether crew or passengers. 10. Restraint of Princes. The term arrests, etc., of kings, princes, and people refers to p olitical or executive acts, and does not include a loss caused by riot or by ordinary judicial process. 11. Barratry. The term barratry includes every wrongful act wilfully committed by the master of crew to the prejudice of the owner , or, as the case ma y be, the charterer. 12. All other perils. The term all other perils includes only perils similar in kind to the perils specifically mentioned in the policy. 13. Average unless general.The term average unless general means a partial loss of the subject -matter insured other than a general average loss, and does not include particular charges . 14. Stranded. Where the ship has stranded, the insurer is liable for the excepted losses although the loss is not attributable to the stranding, provided t hat when the standing takes place the risk has attached and, if the policy be on goods, that the damaged goods are on board. 15. Ship. The term ship includes the hull, material and outfit, stores and provisions for the officers and crew, and, in the case of vessels engaged in a special trade, the ordinary fittings requisite for the trade, and also , in the case of a steamship, the machinery, boilers, and coals and engine stores, if owned by the assured and also in the case of a ship driven by power other t han steam, the machinery and fuels and engine stores, if owned by the assured. 21 16. Freight. The term freight includes the profit derivable by a ship -owner from the employment of his ship to carry his own goods or movables as well as freight payable by a third party, but does not include passage money. 17. Goods. The term goods means goods in the nature of merchandise, and does not include personal effects or provisions and stores for use on board. In the absence of any usage to the contrary, deck cargo and living animals must be insured specifically, and not under the general denomination of goods.

1 THE CONSUMER PROTECTION ACT, 2019 ____________ ARRANGEMENT OF SECTIONS Last Updated:17 -9-2021 ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application . 2. Definitions . CHAPTER II CONSUMER PROTECTION COUNCILS. 3. Central Consumer Protection Council. 4. Procedure for meetings of Central Council . 5. Objects of Central Council. 6. State Consumer Protection Councils . 7. Objects of State Council . 8. District Consumer Protection Council . 9. Objects of District Council . CHAPTER III CENTRAL CONSUMER PROTECTION AUTHORITY 10. Establishment of Central Consumer Protection Authority . 11. Qualifications, method of recruitment, etc., of Chief Commissioner and Commissioners . 12. Vacancy, etc., not to invalidate proceedings of Central Authority . 13. Appointment of off icers, experts, professionals and other employees of Central Authority . 14. Procedure of Central Authority . 15. Investigation Wing . 16. Power of District Collector . 17. Complaints to authorities . 18. Powers and functions of Central Authority . 19. Power of Central Authority to refer matter for investigation or to other Regulator . 20. Power of Central Authority to recall goods, etc . 21. Power of Central Authority to issue directions and penalties against false or misleading advertisements. 22. Search and seizure . 23. Designation of any statutory authority or body to function as Central Authority . 24. Appeal . 25. Grants by Central Government . 26. Accounts and audit . 27. Furnishing of annual reports, etc . CHAPTER IV CONSUMER DISPUTES REDRESSAL COMMISSION 28. Establishment of District Consumer Disputes Redressal Commis sion. 29. Qualifications, etc., of President and members of District Commission . 2 SECTIONS 30. Salaries, allowances and other terms and conditions of service of President and members of District Commission . 31. Transitional provision . 32. Vacancy in office of member of District Commission . 33. Officers and other employees of District Commission . 34. Jurisdiction of District Commission . 35. Manner in which complaint shall be made. 36. Proceedings before District Commission . 37. Reference to mediation . 38. Procedure on admission of complaint . 39. Findings of District Commission. 40. Review by District Commission in certain cases . 41. Appeal against order of District Commission . 42. Establishment of State Consumer Disputes Redressal Commission . 43. Qualifications, etc., of President and members of State Commission . 44. Salaries, allowances and other terms and conditions of service of President and members of State Commission . 45. Transitional provision. 46. Officers and employees of State Commission . 47. Jurisdiction of State Commission . 48. Transfer of cases . 49. Procedure applicable to Stat e Commission . 50. Review by State Commission in certain cases . 51. Appeal to National Commission . 52. Hearing of appeal . 53. Establishment of National Consumer Disputes Redressal Commission . 54. Composition of National Commission . 55. Qualifications, etc., of President and members of National Commission . 56. Transitional provision . 57. Other officers and employees of National Commission . 58. Jurisdiction of National Commission . 59. Procedure applicable to National Commission . 60. Review by National Commission in certain cases . 61. Power to set aside ex parte orders . 62. Transfer of cases . 63. Vacancy in office of President of National Commission . 64. Vacancies or defects in appointment not to invalidate orders . 65. Service of notice, etc . 66. Experts to assist National Commission or State Commission . 67. Appeal against order of National Commission . 68. Finality of orders . 69. Limitation period . 70. Administrative control . 71. Enforcement of orders of District Commission, State Commission and National Commission. 72. Penalty for non -compliance of order . 73. Appeal against order passed under section 72 . 3 CHAPTER V MEDIATION SECTIONS 74. Establishment of consumer mediation cell . 75. Empanelment of mediators . 76. Nomination of mediators from panel . 77. Duty of mediator to disclose certain facts. 78. Replacement of mediator in certain cases . 79. Procedure for mediation . 80. Settlement through mediation. 81. Recording settlement and passing of order . CHAPTER VI PRODUCT LIABILLITY 82. Application of Chapter. 83. Product liability action 84. Liability of product manufacturer . 85. Liability of product service provider. 86. Liability of product sellers . 87. Exceptions to product liability action . CHAPTER VII OFFENCES AND PENALTIES 88. Penalty for non -compliance of direction of Central Authority. 89. Punishment for false or misleading advertisement . 90. Punishment for manufacturing for sale or storing, se lling or distributing or importing products containing adulterant . 91. Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods. 92. Cognizance of offence by court. 93. Vexatious search. CHAPTER VIII MISCELLANEOUS 94. Measures to prevent unfair trade practices in e -commerce, direct selling, etc. 95. Presidents, members, Chief Commissioner, Commissioner and certain officers to be public servants. 96. Compounding of offences. 97. Manner of crediting penalty . 98. Protection of action take n in good faith. 99. Power to give directions by Central Government . 100. Act not in derogation of any other . 101. Power of Central Government to make rules. 102. Power of State Government to make rules. 103. Power of National Commission to make regulations . 104. Power of Central Auth ority to make regulations . 105. Rules and regulations to be laid before each House of Parliament. 106. Power to Remove Difficulties . 107. Repeal and savings. 4 THE CONSUMER PROTECTION ACT, 2019 ACT NO. 35 OF 2019 [9th August , 2019.] An Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers' disputes and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent, commencement and application. (1) This Act may be called the Consumer Protection Act, 2019. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date1 as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. (4) Save as otherwise expressly provided by the Central Government, by notification, this Act shall apply to all goods and services. 2. Definitions. In this Act, unless the context otherwise requires, (1) "advertisement" means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic medi a, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents; (2) "appropriate laboratory" means a laboratory or an organisation (i) recognised by the Central Government; or (ii) recognised by a State Government, subject to such guidelines as may be issued by the Central Government in this behalf; or (iii) established by or under any law for the time being in force, which is maintained, financed or aided by the Central Government or a State Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect; (3) "branch office" means (i) any office or place of work described as a branch by the establishment; or (ii) any establishment carrying on either the same or substantially the same activity carried on by the head office of the establishment; (4) "Central Authority" means the Central Consumer Protection Authority established under 1. 20th July, 2020 .S. 2 [Except clauses (4), (13), (14), (16), (40)], s. 3 to 9 (both inclusive), s. 28 to 73 (both inclusive) [Except sub -clause (iv) of clause (a) of sub -section (1) of section 58], s. 74 to 81 (both inclusive), s. 82 to 87 (both inclusive), s. 90 and 91 [Except sections 88, 89, 92 and 93], s. 95, 98,100 and 101 [Except clauses (f) to (m) and clauses (zg), (zh) and (zi) of sub -section 2], s. 102, 103, 105, 106, 107 [Excep t sections 94, 96 , 97, 99, 104] , vide notification No. S.O. 2351(E), dated 15 th July, 2020, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 2. 24th July, 2020 .-- S. 2 [clause s (4), (13), (14), (16), (40)], s. 10 to 27 (both inclusive), sub -clause (iv) of clause (a) of sub-section (1) of section 58, s. 88, 89, 92 and 93, 94, 96, 97 and 99, clause (f) to (m) of sub -section 2 and clauses (zg), (zh) and (zi) of sub -section 2 of s. 101, 104, vide notification No. S.O. 2421(E), dated 23rd July 2020, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 5 section 10; (5) "complainant" means (i) a consumer; or (ii) any voluntary consumer association registered under any law for the time being in force; or (iii) the Central Government or any State Government; or (iv) the Central Authority; or (v) one or more consumers, where there are numerous consumers having the same interest; or (vi) in case of death of a consumer, his legal heir or legal representative; or (vii) in case of a consumer being a minor, his parent or legal guardian; (6) "complaint" means any allegation in writing, made by a compl ainant for obtaining any relief provided by or under this Act, that (i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; (ii) the goods bought by him or agreed to be bought by him suffer from one or more defects; (iii) the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency; (iv) a trader or a service provider, as the case may be, has charged for the goods or for the services mentio ned in the c omplaint, a price in excess of the price (a) fixed by or under any law for the time being in force; or (b) displayed on the goods or any package containing such goods; or (c) displayed on the price list exhibited by him by or under any law for the time being in force; or (d) agreed between the parties; (v) the goods, which are hazardous to life and safety when used, are being offered for sale to the public -- (a) in contravention of standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force; (b) where the trader knows that the goods so offered are unsafe to the public; (vi) the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety; (vii) a claim for product liability action lies against the product manufacturer, product seller or product service provider, as the case may be; (7) "consumer" means any person who (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial pur pose; or (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the s ervices for 6 consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such ser vice for any commercial purpose. Explanation . For the purposes of this clause, (a) the expression "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of se lf-employment; (b) the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi -level marketing; (8) "consumer dispute" means a dispute wh ere the person against whom a complaint has been made

-level marketing; (8) "consumer dispute" means a dispute wh ere the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint; (9) "consumer rights" includes, -- (i) the right to be protected against the marketing of goods, products or services which are hazardous t o life and property; (ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices; (iii) the right to be assu red, wherever possible, access to a variety of goods, products or services at competitive prices; (iv) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate for a; (v) the right to seek redressal ag ainst unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and (vi) the right to consumer awareness; (10) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or product and the expression "defective" shall b e construed accordingly; (11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken t o be performed by a person in pursuance of a contract or otherwise in relati on to any service and includes (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and (ii) deliberate withholding of r elevant information by such person to the consumer; (12) "design", in relation to a product, means the intended or known physical and material characteristics of such product and includes any intended or known formulation or content of such product and the usual result of the intended manufacturing or other proces s used to produce such product; (13) "direct selling" means marketing, distribution and sale of goods or provision of services through a network of sellers, other than through a permanent retail location; (14) "Director -General" means the Director -General appointed under sub -section ( 2) of section 15; (15) "District Commission" means a District Consumer Disputes Redressal Commission established under sub -section ( 1) of section 28; 7 (16) "e-commerce " means buying or selling of goods or services including digital products over digital or electronic network; (17) "electronic service provider" means a person who provides technologies or processes to enable a product seller to engage in advertising or se lling goods or services to a consumer and includes any online market place or online auction sites; (18) "endorsement", in relat ion to an advertisement, means (i) any message, verbal statement, demonstration; or (ii) depiction of the name, signature, like ness or other identifiable personal characteristics of an individual; or (iii) depiction of the name or seal of any institution or organisation, which makes the consumer to believe that it reflects the opinion, finding or experience of the person making su ch endorsement; (19) "establishment" includes an advertising agency, commission agent, manufacturing, trading or any other commercial agency which carries on any business, trade or profession or any work in connection with or incidental or ancillary to any commercial activity, trade or profession, or such other class or classes of persons including public utility entities in the manner as may be prescribed; (20) "express warranty" means any material statement, affirmation of fact, promise or description relating to a product or service warranting that it conforms to such material statement, affirmation, promise or description and includes any sample or model of a product warranting that the whole of such product conforms to such sample or model; (21) "goods" means every kind of movable property and includes "food" as defined in clause ( j) of sub -section ( 1) of section 3 of the Food Safety and Standards Act, 2006 (34 of 2006); (22) "harm", in relation to a product liability, includes (i) damage to any property, other than the product itself; (ii) personal injury, illness or death; (iii) mental agony or emotional distress attendant to personal injury or illness or damage to property; or (iv) any loss of consortium or services or other loss resulting from a harm referred to in sub - clause ( i) or sub -clause ( ii) or sub -clause (iii), but shall not include any harm caused to a product itself or any damage to the property on account of breach of warranty conditions or any commercial or economic loss, including any direct, incidental or consequential loss relating thereto; (23) "injury" means any harm whatever illegally caused to any person, in body, mind or property; (24) "manufacturer" means a person who (i) makes any goods or parts thereof; or (ii) assembles any goods or parts thereof made by others; or (iii) puts or causes to be put his own mark on any goods made by any other person; (25) "mediation" means the process by which a mediator mediates the consumer disputes; (26) "mediator" means a mediator referre d to in section 75; (27) "member" includes the President and a member of the National Commission or a State Commission or a District Commission, as the case may be; (28) "misleading advertisement" in relation to any product or service, means an advertiseme nt, which (i) falsely describes such product or service; or 8 (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) conveys an express or implied represen tation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or (iv) deliberately conceals important information; (29) "National Commission" means the National Consumer Disputes Redressal Commi ssion established under sub -section ( 1) of section 53; (30) "notification" means a notification published in the Official Gazette and the term "notify" shall be construed accordingly; (31) "person" includes -- (i) an individual; (ii) a firm whether registered or not; (iii) a Hindu undivided family; (iv) a co -operative society; (v) an association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not; (vi) any corporation, company or a body of individuals whether incorporated or not; (vii) any artificial juridical person, not falling within any of the preceding sub -clauses; (32) "prescribed" means prescribed by rules made by the Central Government, or, as the case may be, the State Government; (33) "product" means any article or goods or substance or raw material or any extended cycle of such product, which may be in gaseous, liquid, or solid state possessing intrinsic value which is capable of delivery either as wholly assembled or as a component part and is produc ed for introduction to trade or commerce, but does not include human tissues, blood, blood products and organs; (34) "product liability" means the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto; (35) "product liability action" means a complaint filed by a person before a District Commission or State Commission or National Commiss ion, as the case may be, for claiming compensation for the harm caused to him; (36) "product manufacturer" means a person who (i) makes any product or parts thereof; or (ii) assembles parts thereof made by others; or (iii) puts or causes to be put his own mark on any products made by any other person; or (iv) makes a product and sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains such product or is otherwise involved in placing such product for commercial purpose; or (v) designs, produces, fabricates, constructs or re -manufactures any product before its sale; or (vi) being a product seller of a product, is also a manufacturer of such product; (37) "product seller", in relation to a product, means a person who, in th e course of business, imports, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is involved in placing such product for commercial purpose and includes -- 9 (i) a manufacturer who is also a product se ller; or (ii) a service provider, but does not include (a) a seller of immovable property, unless such person is engaged in the sale of constructed house or in the construction of homes or flats; (b) a provider of professional services in any transaction in which, the sale or use of a product is only incidental thereto, but furnishing of opinion, skill or services being the essence of such transaction; (c) a person who (I) acts only in a financial capacity with respect to the sale of the product; (II) is not a manufacturer, wholesaler, distributor, retailer, direct seller or an electronic service provider; (III) leases a product, without having a reasonable opportunity to inspect and discover defects in the product, under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor; (38) "product service provider", in relation to a product, means a person who provides any service in respect of such product; (39) "regulati ons" means the regulations made by the National Commission, or as the case may be, the Central Authority; (40) "Regulator" means a body or any authority established under any other l aw for the time being in force; (41) "restrictive trade practice" means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and sha ll include -- (i) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price; (ii) any trade practice which requires a consumer to buy, hire or avail of any good s or, as the case may be, services as condition precedent for buying, hiring or availing of other goods or services; (42) "service" means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; (43) "spurious goods" means such goods which are falsely claimed to be genuine; (44) "State Commission" means a State Consumer Disputes Redressal Com mission established under sub -section ( 1) of section 42; (45) "trader", in relation to any goods, means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form , includes the packer thereof; (46) "unfair contract" means a contract between a manufacturer or trader or service provider on one hand, and a consumer on the other, having such terms which cause significant change in the rights of such consumer, including the following, namely: -- 10 (i) requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; or (ii) imposing any penalty on the consumer, for the breach of contract thereof which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract; or (iii) refusing to accept early repayment of debts on payment of applicable penalty; or (iv) entitling a party to the contract to terminate such contract unilate rally, without reasonable cause; or (v) permitting or has the effect of permitting one party to assign the contract to the detriment of the other party who is a consumer, without his consent; or (vi) imposing on the consumer any unreasonable charge, obliga tion or condition which puts such consumer to disadvantage; (47) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of th e following practices, namely: (i) making any statement, whether orally or in writing or by visible representation including by mea ns of electronic record, which (a) falsely represents that the goods are of a par ticular standard, quality, quantity, grade, composition, style or model; (b) falsely represents that the services are of a particular standard, quality or grade; (c) falsely represents any re -built, second -hand, renovated, reconditioned or old goods as new goods; (d) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have; (e) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have; (f) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; (g) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof: Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence; (h) makes to the public a representation in a form that purports to be (A) a warranty or guarantee of a product or of any goods or services; or (B) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out; (i) materially misleads the public concerning the price

that such warranty, guarantee or promise will be carried out; (i) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer t o the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provide d by the person by whom or on whose behalf the representation is made; 11 (j) gives false or misleading facts disparaging the goods, services or trade of another person. Explanation .For the purposes of this su b-clause, a statement that is, (A) expressed on an article offered or displayed for sale, or on its wrapper or container; or (B) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or (C) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the s tatement to be so expressed, made or contained; (ii) permitting the publication of any advertisement, whether in any newspaper or otherwise, including by way of electronic record, for the sale or supply at a bargain price of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement. Explanation .For the purpose of this sub -clause, "bargain price" means, (A) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise; or (B) a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold; (iii) permitting (a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged, in the transaction as a whole; (b) the conduct of any contest, lottery, gam e of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest, except such contest, lottery, game of chance or skill as may be prescribed; (c) withholding from the participants o f any scheme offering gifts, prizes or other items free of charge on its closure, the information about final results of the scheme. Explanation .For the purpose of this sub -clause, the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time published, prominently in the same newspaper in which the scheme was originally advertised; (iv) permitting the sale or supply of goods intended to be used, or are of a kind likely to be used by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessa ry to prevent or reduce the risk of injury to the person using the goods; (v) permitting the hoarding or destruction of goods, or refusal to sell the goods or to make them available for sale or to provide any service, if such hoarding or destruction or ref usal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services; (vi) manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services; 12 (vii) not issuin g bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed; (viii) refusing, after selling goods or rendering services, to take back or withdraw defective goods or to withdraw or discontinue deficient service s and to refund the consideration thereof, if paid, within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of thirty days; (ix) disclosing to other person any personal information given in co nfidence by the consumer unless such disclosure is made in accordance with the provisions of any l aw for the time being in force. CHAPTER II CONSUMER PROTECTION COUNCILS 3. Central Consumer Protection Council. (1) The Central Government shall, by notification, establish with effect from such date as it may specify in that notification, the Central Consumer Protection Council to be known as the Central Council. (2) The Central Council shall be an advisory council and consist of the following members, namely: (a) the Minister -in-charge of the Department of Consumer Affairs in the Central Government, who shall be the Chairperson; and (b) such number of other official or non -official members representing such interests as may be prescribed. 4. Procedure for meetings of Central Council. (1) The Central Council shall meet as and when necessary, but at least one meeting of the Council shall be held every year. (2) The Central Council shall meet at such time and place as the Chairperso n may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed. 5. Objects of Central Council. The objects of the Central Council shall be to render advice on promotion and protection of the consumers' ri ghts under this Act. 6. State Consumer Protection Councils .(1) Every State Government shall, by notification, establish with effect from such date as it may specify in such notification, a State Consumer Protection Council for such State to be known as th e State Council. (2) The State Council shall be an advisory council and consist of the following members, namely: (a) the Minister -in-charge of Consumer Affairs in the State Government who shall be the Chairperson; (b) such number of other official or non -official members representing such interests as may be prescribed; (c) such number of other official or non -official members, not exceeding ten, as may be nominated by the Central Government. (3) The State Council shall meet as and when necessary but not less than two meetings shall be held every year. (4) The State Council shall meet at such time and place as the Chairperson may think fit and shall observe such procedure in regard to the transaction of its business, as may be prescribed. 7. Objects of Sta te Council .The objects of every State Council shall be to render advice on promotion and protection of consumer rights u nder this Act within the State. 8. District Consumer Protection Council .(1) The State Government shall, by notification, establish for every District with effect from such date as it may specify in such notification, a District Consumer Protection Council to be known as the District Council. (2) The District Council shall be an advisory council and consist of the following members, namel y: 13 (a) the Collector of the district (by whatever name called), who shall be the Chairperson; and (b) such number of other official and non -official members representing such interests as may be prescribed. (3) The District Council shall meet as and when necessary but not less than two meetings shall be held every year. (4) The District Council shall meet at such time and place within the district as the Chairperson may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed. 9. Objects of District Council .The objects of every District Council shall be to render advice on promotion and protection of consumer rights unde r this Act within the district. CHAPTER III CENRAL CONSUMER PROTECTION AUTHORITY 10. Establishment of Central Consumer Protection Authority .(1) The Central Government shall, by notification, establish with effect from such date as it may specify in that notification, a Central Consumer Protection Authority to be known as the Central Autho rity to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class. (2) The Central Authority shall consist of a Chief Commissioner and such number of other Commissioners as may be prescribed, to be appointed by the Central Government to exercise the powers and discharge the functions under this Act. (3) The he adquarters of the Central Authority shall be at such place in the National Capital Region of Delhi, and it shall have regional and other offices in any other place in India as the Central Government may decide. 11. Qualifications, method of recruitment, et c., of Chief Commissioner and Commissioners . The Central Government may, by notification, make rules to provide for the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of the service of the Chief Commissioner and Commissi oners of the Central Authority. 12. Vacancy, etc., not to invalidate proceedings of Central Authority .No act or proceeding of the Central Authority shall be invali d merely by reason of (a) any vacancy in, or any defect in the constitution of, the Central Authority; or (b) any defect in the appointment of a person acting as the Chief Commissioner or as a Commissioner; or (c) any irregularity in the procedure of the Central Authority not af fecting the merits of the case. 13. Appointment of officers, experts, professionals and other employees of Central Authority . (1) The Central Government shall provide the Central Authority such number of officers and other employees as it considers necessary for the efficient performance of its functions under this Act. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Central Authority appointed unde r this Act shall be such as may be prescribed. (3) The Central Authority may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and ability, who have special knowledge and experience in the areas of consumer rights and welfare, consumer policy, law, medicine, food safety, health, engineering, product safety, commerce, economics, public affairs or administration, as it deems necessary to assist it in the discharge o f its functions under th is Act. 14 14. Procedure of Central Authority . (1) The Central Authority shall regulate the procedure for transaction of its business and allocation of its business amongst the Chief Commissioner and Commissioners as may be specified by regulations. (2) The Chief Commissioner shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Central Authority: Provided that the Chief Commissioner may delegate such of his powers relating to administrative matters of the Central Authority, as he may think fit, to any Commissioner (including Commissioner of a regional office) or any other of ficer of the Central Authority. 15. Investigation Wing .(1) The Central Authority shall have an Investigation Wing heade d by a Director -General for the purpose of conducting inquiry or investigation under this Act as may be directed by the Central Authority. (2) The Central Government may appoint a Director -General and such number of Additional Director -General, Director, J oint Director, Deputy Director and Assistant Director, from amongst persons who have experience in investigation and possess such qualifications, in such manner, as may be prescribed. (3) Every Additional Director -General, Director, Joint Director, Deputy Director and Assistant Director shall exercise his powers, and discharge his functions, subject to the general control, supervision and direction of the Director -General. (4) The Director -General may delegate all or any of his powers to the Additional Dire ctor-General or Director, Joint Director or Deputy Director or Assistant Director, as the case may be, while conducting inquiries or investigations under this Act. (5) The inquiries or the investigations made by the Director -General shall be submitted to t he Central Authority in such form, in such manner and within such time, as m ay be specified by regulations. 16. Power of District Collector .The District Collector (by whatever name called) may, on a complaint or on a reference made to him by the Central Authority or the Commissioner of a regional office, inquire into or investigate complaints regarding violation of rights of consumers as a class, on matters relating to violations of consumer rights, unfair trade practices and false or misleading advertise ments, within his jurisdiction and submit his report to the Central Authority or to the Commissioner of a regional office, as the case may be. 17. Complaints to authorities .A complaint relating to violation of consumer rights or unfair trade practices or false or misleading advertisements which are prejudicial to the interests of consumers as a class, may be forwarded either in writing or in electronic mode, to any one of the authorities, namely, the District Collector or the Commissioner of regional o ffice or the Central Authority. 18. Powers and functions of Central Authority .(1) The Central Authority shall (a) protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers rights under this Act; (b) prevent unfair trade practices and ensure that no person engages himself in unfair trade practices; (c) ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereun der; (d) ensure that no person takes part in the publication of any advertisement which is false or misleading. (2) Without prejudice to the generality of the provisions contained in sub -section ( 1), the Central Authority may, for any of the purposes afore said,-- (a) inquire or cause an inquiry or investigation to be made into violations of consumer rights or unfair trade practices, either suo motu or on a complaint received or on the directions from the Central Government; 15 (b) file complaints before the Di strict Commission, the State Commission or the National Commission, as the case may be, under this Act; (c) intervene in any proceedings before the District Commission or the State Commission or the National Commission, as the case may be, in respect of an y allegation of violation of consumer rights or unfair trade practices; (d) review the matters relating to, and the factors inhibiting enjoyment of, consumer rights, including safeguards provided for the protection of consumers under any other law for the time being in force and recommend appropriate remedial measures for their effective implementation; (e) recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement of consumer rights; (f) undertake and promote research in the field of consumer rights; (g) spread and promote awareness on consumer rights; (h) encourage non -Governmental organis

consumer rights; (g) spread and promote awareness on consumer rights; (h) encourage non -Governmental organisations and other institutions working in the field of consumer rights to co -operate and work with consumer protection agencies; (i) mandate the use of unique and universal goods identifiers in such goods, as may be necessary, to prevent unfair trade practices and to protect consumers' interest; (j) issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services; (k) advise the Ministries and Departments of the Central and State Governments on consumer welfare measures; (l) issue necessary guidelines to prevent unfair trade practices a nd protect consumers' interest. 19. Power of Central Authority to refer matter for investigation or to other Regulator .(1) The Central Authority may, after receiving any information or complaint or directions from the Central Government or of its own motion, conduct or cause to be conducted a preliminary inquiry as to whether there exists a prima facie case of violation of consumer rights or any unfair trade practice or any false or misleading adv ertisement, by any person, which is prejudicial to the public interest or to the interests of consumers and if it is satisfied that there exists a prima facie case, it shall cause investigation to be made by the Director -General or by the District Collecto r. (2) Where, after preliminary inquiry, the Central Authority is of the opinion that the matter is to be dealt with by a Regulator established under any other law for the time being in force, it may refer such matter to the concerned Regulator along with its report. (3) For the purposes of investigation under sub -section ( 1), the Central Authority, the Director General or the District Collector may call upon a person referred to in sub -section ( 1) and also direct him to produce any docume nt or record in hi s possession. 20. Power of Central Authority to recall goods, etc .Where the Central Authority is satisfied on the basis of investigation that there is sufficient evidence to show violation of consumer rights or unfair trade practice by a person, it may pa ss such order as may be necessary, including (a) recalling of goods or withdrawal of services which are dangerous, hazardous or unsafe; (b) reimbursement of the prices of goods or services so recalled to purchasers of such goods or services; and (c) discontinuation of practices which are unfair and prejudicial to consumers' interest: Provided that the Central Authority shall give the person an opportunity of being heard before passi ng an order under this section. 21. Power of Central Authority to issu e directions and penalties against false or misleading advertisements .(1) Where the Central Authority is satisfied after investigation that any advertisement is false or misleading and is prejudicial to the interest of any consumer or is in contravention of consumer 16 rights, it may, by order, issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same in such manner and within such time as may be specified in that order. (2) Notwithstanding the order passed under sub -section ( 1), if the Central Authority is of the opinion that it is necessary to impose a penalty in respect of such false or misleading advertisement, by a manufacturer or an endorser , it may, by order, impose on manufacturer or endorser a penalty which may extend to ten lakh rupees: Provided that the Central Authority may, for every subsequent contravention by a manufacturer or endorser, impose a penalty, which may extend to fifty lak h rupees. (3) Notwithstanding any order under sub -sections ( 1) and ( 2), where the Central Authority deems it necessary, it may, by order, prohibit the endorser of a false or misleading advertisement from making endorsement of any product or service for a p eriod which may extend to one year: Provided that the Central Authority may, for every subsequent contravention, prohibit such endorser from making endorsement in respect of any product or service for a period which may extend to three years. (4) Where the Central Authority is satisfied after investigation that any person is found to publish, or is a party to the publication of, a misleading advertisement, it may impose on such person a penalty which may extend to ten lakh rupees. (5) No endorser shall be l iable to a penalty under sub -sections ( 2) and ( 3) if he has exercised due diligence to verify the veracity of the claims made in the advertisement regarding the product or service being endorsed by him. (6) No person shall be liable to such penalty if he proves that he had published or arranged for the publication of such advertisement in the ordinary course of his business: Provided that no such defence shall be available to such person if he had previous knowledge of the order passed by the Central Autho rity for withdrawal or modification of such advertisement. (7) While determining the penalty under this section, regard shall be had to the following, namely: (a) the population and the area impacted or affected by such offence; (b) the frequency and dur ation of such offence; (c) the vulnerability of the class of persons likely to be adversely affected by such offence; and (d) the gross revenue from the sales effected by virtue of such offence. (8) The Central Authority shall give the person an opportunity of being heard before an orde r under this section is passed. 22. Search and seizure .(1) For the purpose of conducting an investigation after preliminary inquiry under sub -section ( 1) of section 19, the Director -General or any other officer authorised by him in this behalf, or the District Collector, as the case may be, may, if he has any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading ad vertisement to be made, shall, -- (a) enter at any reasonable time into any such premises and search for any document or record or article or any other form of evidence and seize such document, record, article or such evidence; (b) make a note or an inventory of such record or article; or (c) require any person to produce any record, register or other document or article. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall apply, as far as may be, for search and seizure under this Act. (3) Every document, record or article seized under clause ( a) of sub -section ( 1) or produced under clause ( c) of that sub -section shall be returned to the person, from whom they were seized or who 17 produced the same, within a period of twen ty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken. (4) Where any article seized under sub -section ( 1) are subject to speedy or natural decay, the Director -General or such other officer may dispose of the article in such manner as may be prescribed. (5) In the case of articles other than the articles referred to in sub -section ( 4), provisions contained in clause ( c) of sub -section ( 2) of section 38 shall mutatis mutandis apply in relation to analysis or tests. 23. Designation of any statutory authority or body to function as Central Authority .The Central Government may, if it considers necessary, by notification, designate any statutory authority or body to exercise the powers and perform the functions of the Central Authority referred to in section 10. 24. Appeal .A person aggrieved by any order passed by the Central Authority under sections 20 and 21 may file an appeal to the National Commission within a period of thirty days from the date of receipt of such order. 25. Grants by Central Government .The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Central Aut hority grants of such sums of money as that Government may think fit for being utilised for the purpo ses of this Act. 26. Accounts and audit .(1) The Central Authority shall maintain proper accounts and other relevant records and prepare an annual statemen t of accounts in such form and manner as may be prescribed in consultation with the Comptroller and Auditor -General of India. (2) The accounts of the Central Authority shall be audited by the Comptroller and Auditor -General of India at such intervals as ma y be specified by him and any expenditure incurred in connection with such audit shall be payable by the Central Authority to the Comptroller and Auditor -General of India. (3) The Comptroller and Auditor -General of India or any other person appointed by hi m in connection with the audit of the accounts of the Central Authority shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor -General of India generally has, in connection with the audit of the Go vernment accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Central Authority. (4) The accounts of the Central Authority as certified by the Comptroller and Auditor -General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government which shall cause the same to be laid b efore each House of Parliament. 27. Furnishing of annual reports, etc .(1) The Central Authority shall prepare once in every year, in such form, manner and at such time as may be prescribed, an annual report giving full account of its activities during the previous y ear and such other reports and returns, as may be directed, and copies of such report and returns shall be forwarded to the Central Government. (2) A copy of the annual report received under sub -section ( 1) shall be laid, as soon as may be after it is received, b efore each House of Parliament. CHAPTER IV CONSUMER DISPUTER REDRESSAL COMMISSION 28. Establishment of District Consumer Disputes Redressal Commission .(1) The State Government shall, by notification, establish a District Consumer Disputes Redre ssal Commission, to be known as the District Commission, in each district of the State: Provided that the State Government may, if it deems fit, establish more than one District Commission in a district. (2) Each Distri ct Commission shall consist of (a) a President; and 18 (b) not less than two and not more than such number of members as may be prescribed, in consultati on with the Central Government. 29. Qualifications, etc., of President and members of District Commission .The Central Government may, by noti fication, make rules to provide for the qualifications, method of recruitment, procedure for appointment, term of office, resignation and removal of the President and members of the District Commission. 30. Salaries, allowances and other terms and conditio ns of service of President and members of District Commission .The State Government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the President, and memb ers of the District Commission. 31. Transitional provision .Any person appointed as President or, as the case may be, a member of the District Commission immediately before the commencement of this Act shall hold office as such as President or, as the case may be, as member till the comp letion of his term f or which he has been appointed. 32. Vacancy in office of member of District Commission .If, at any time, there is a vacancy in the office of the President or member of a District Commission, the State Governmen t may, by notification, direct (a) any other District Commission specified in that notification to exercise the jurisdiction in respect of that district also; or (b) the President or a member of any other District Commission specified in that notification to exercise the powers and discharge the functions of the President or member of that District Commission also. 33. Officers and other employees of District Commission .(1) The State Government shall provide the District Commission with such officers and other employees as may b e required to assist the District Commission in the discharge of its functions. (2) The officers and other employees of the District Commission shall discharge their functions under the general superintendence of the President of the District Commission. (3) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the District Commission shal l be such as may be prescribed. 34. Jurisdiction of District Commission .(1) Subject to the other p rovisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees: Provided that where the Cen tral Government deems it necessary so to do, it may prescribe such other value, as it deems fit. (2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction, (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or (c) the cause of action, wholly or in part, arises; or (d) the complainant resides or personally works for gain. 19 (3) The District Commission shall ordinarily function in the district headquarters and may perform its functions at such other place in the district, as the State Government may, in consultation with the State Commission, notify in the Offi cial Gazette from time to time. 35. Manner in which complaint shall be made .(1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by (a) the consumer, (i) to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided; or (ii) who alleges unfair trade practice in respe ct of such goods or service; (b) any recognised consumer association, whether the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided, or who alleges unfair trade practice in respect of such goods or service, is a member of such association or not; (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Commission, on behalf of, or for the benefit of, all c onsumers so interested; or (d) the Central Government, the Central Authority or the State Government, as the case may be: Provided that the complaint under this sub -section may be filed electronically in such manner as may be prescribed. Explanation. For the purposes of this sub -section

section may be filed electronically in such manner as may be prescribed. Explanation. For the purposes of this sub -section, "recognised consumer association" means any voluntary consumer association registered under any law for the time being in force. (2) Every complaint filed under sub -section (1) shall be accompanied with such fee and payabl e in such manner, including electronic form, as may be prescribed. 36. Proceedings before District Commission .(1) Every proceeding before the District Commission shall be conducted by the President of that Commission and atleast one member thereof, sittin g together: Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member. (2) On receipt of a complaint made under section 35, the District Commission may, by order, admit the complaint for being proceeded with or reject the same: Provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant: Provided further that the admissibility of the complaint shall ordinarily be decided within twenty -one days from the date on which the complaint was filed. (3) Where the District Commission does not decide the issue of admi ssibility of the complaint within the period so specified, it shall b e deemed to have been admitted. 37. Reference to mediation .(1) At the first hearing of the complaint after its admission, or at any later stage, if it appears to the District Commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of Chapter V. (2) Where the parties agree for settlement by mediation and give their consent in writing, the District Commission shall, within five days of receipt of such consent, refer the matter for mediation, and in such case, the p rovisions of Chapter V, rela ting to mediation, shall apply. 20 38. Procedure on admission of complaint .(1) The District Commission shall, on admission of a complaint, or in respect of cases referred for mediation on failure of settlement by mediation, procee d with such complaint. (2) Where the complaint relates to any goods, the District Commission shall, (a) refer a copy of the admitted complaint, within twenty -one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by it; (b) if the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, proceed to settle the consumer dispute in the manner specified in clauses ( c) to ( g); (c) if the compl aint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, obtain a sample of the goods from the complainant, seal it and authenticate it in the manner as may be prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory to make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to re port its findings thereon to the District Commission within a period of forty -five days of the receipt of the reference or within such extended period as may be granted by it; (d) before any sample of the goods is referred to any appropriate laboratory und er clause (c), require the complainant to deposit to the credit of the Commission such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question; (e) remit the a mount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, it shall forward a copy of the report along wi th such remarks as it may feel appropriate to the opposite party; (f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate la boratory, require the opposite party or the complainant to submit in writing his objections with regard to the report made by the appropriate laboratory; (g) give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 39. (3) The District Commission shall, if the complaint admi tted by it under sub -section ( 2) of section 36 relates to goods in respect of which the procedure specified in sub -section (2) cannot be followed, or if the comp laint relates to any services, (a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Commission; (b) if the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, it shall proceed to settle the consumer dispute (i) on the basis of evidence brought to its notice by the complainant and the opposite party, if the opposite party denies or disputes the allegations contained in the complaint, or (ii) ex parte on the basis of evidence brought to its notice by the complainant, where the opposite party omits or fails to take any action to represent his case within the time given by the Commission; 21 (c) decide the complaint on merits if the complainant fails to appear on the date of hearing. (4) For the purposes of sub -sections ( 2) and ( 3), the District Commission may, by order, require an electronic service provider to provide such information, documents or records, as may be specified in that order. (5) No proceedings complying with the procedure laid down in [sub-sections ( 2) and ( 3)] shal l be called in question in any court on the ground that the principles of natural justice have not been complied with. (6) Every complaint shall be heard by the District Commission on the basis of affidavit and documentary evidence placed on record: Provid ed that where an application is made for hearing or for examination of parties in person or through video conferencing, the District Commission may, on sufficient cause being shown, and after recording its reasons in writing, allow the same. (7) Every comp laint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of com modities and within five months if it requires analysis or testing of commodities: Provided that no adjournment shall ordinarily be granted by the District Commission unless sufficient cause is shown and the reasons for grant of adjournment have been recor ded in writing by the Commission: Provided further that the District Commission shall make such orders as to the costs occasioned by the adjournment as may be specified by regulations: Provided also that in the event of a complaint being disposed of after the period so specified, the District Commission shall record in writing, the reasons for the same at the time of disposing of the said complaint. (8) Where during the pendency of any proceeding before the District Commission, if it appears necessary, it m ay pass such interim order as is just and proper in the facts and circumstances of the case. (9) For the purposes of this section, the District Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely: (a) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath; (b) requiring the discovery and production of any document or other material object as evidence; (c) receiving of evidence on affidavits; (d) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source; (e) issuing of commissions for the examination of any witness, or document; and (f) any other matter which may be prescribed by the Central Government. (10) Every proceeding before the District Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the India n Penal Code (45 of 1860), and the District Commission shall be deemed to be a criminal court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). (11) Where the complainant is a consumer referred to in sub-clause (v) of clause (5) of section 2 , the provisions of Order I Rule 8 of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to a suit or decree shall be construed a s a reference to a complaint or the order of the District Commission thereon. 22 (12) In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedu le to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the oppo site party, as the case may be. 39. Find ings of District Commission .(1) Where the District Commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfa ir trade practices, or claims for compensation under product liability are proved, it shall issue an order to the opposite party directing him to do one or more of the following, namely: (a) to remove the defect pointed out by the appropriate laboratory f rom the goods in question; (b) to replace the goods with new goods of similar description which shall be free from any defect; (c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant along with such interest on such price or charges as may be decided; (d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party: Provided that the District Commission shall have the power to grant punitive damages in such circumstances as it deems fit; (e) to pay such amount as may be awarded by it as compensation in a product liability action under Chapter VI; (f) to remove the defects in goods or deficiencies in the s ervices in question; (g) to discontinue the unfair trade practice or restrictive trade practice and not to repeat them; (h) not to offer the hazardous or unsafe goods for sale; (i) to withdraw the hazardous goods from being offered for sale; (j) to cease m anufacture of hazardous goods and to desist from offering services which are hazardous in nature; (k) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not ident ifiable conveniently: Provided that the minimum amount of sum so payable shall not be less than twenty -five per cent. of the value of such defective goods sold or service provided, as the case may be, to such consumers; (l) to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement; (m) to provide for adequate costs to parties; and (n) to cease and desist from issuing any misleading advertisement. (2) Any amount obtained under sub -section ( 1) shall be credited to such fund and utilised in such manner as may be prescribed. (3) In any proceeding conducted by the President and a member and if they differ on any po int or points, they shall state the point or points on which they differ and refer the same to another member for hearing on such point or points and the opinion of the majority shall be the order of the District Commission: Provided that the other member shall give his opinion on such point or points referred to him within a period of one month from the date of such reference. (4) Every order made by the District Commission under sub -section (1) shall be signed by the President and the member who conducted the proceeding: 23 Provided that where the order is made as per majority opinion under sub -section (3), such order shall also be signed by the other member. 40. Review by District Commission in certain cases .The District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties wi thin thirty days of such order. 41. Appeal against order of District Commission .Any pe rson aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty -five days from the date of the order, in such form and manner, as may be pres cribed: Provided that the State Commission may entertain an appeal after the expiry of the said period of forty -five days, if it is satisfied that there was sufficient cause for not filing it within that period: Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent. of that amount in the manner as may be prescribed: Provided also that no app eal shall lie from any order passed under sub -section (1) of section 81 by the District Commission pursuant to a settlement by mediation under section 80. 42. Establishment of State Consumer Disputes Redressal Commission .(1) The State Government shall, by notification, establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, in the State. (2) The State Commission shall ordinarily function at the State capital and perform its functions at such other places as the State Government may in consultation with the State Commission notify in the Official Gazette: Provided that the State Government may, by notification, establish regional benches of the State Commission, at such places, as it deems fit. (3) Each Sta te Commission shall consist of (a)

Commission, at such places, as it deems fit. (3) Each Sta te Commission shall consist of (a) a President; and (b) not less than four or not more than such number of members as may be prescribed in consultati on with the Central Government. 43. Qualifications, etc., of President and members of State Commission .The Central Government may, by notification, make rules to provide for the qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission. 44. Salaries, allow ances and other terms and conditions of service of President and members of State Commission .The State Government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the President and m ember s of the State Commission. 45. Transitional provision .Any person appointed as President or, as the case may be, a member of the State Commission immediately before the commencement of this Act shall hold office as such, as President or member, as the case may be, t ill the completion of his term. 46. Officers and employees of State Commission .(1) The State Government shall determine the nature and categories of the officers and other employees required to assist the State Commission in the discharge of its functions and provide the Commission with such officers and other employees as it may think fit. (2) The officers and other employees of the State Commission shall discharge their functions under the general superintendence of the President. (3) The salar ies and allowances payable to and the other terms and conditions of service of, the officers and other employees of the State Commission shal l be such as may be prescribed. 24 47. Jurisdiction of State Commission .(1) Subject to the other provisions of this A ct, the State Comm ission shall have jurisdiction (a) to entertain (i) complaints where the value of the goods or services paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crore: Provided that where the Central Government de ems it necessary so to do, it may prescribe such other value, as it deems fit; (ii) complaints against unfair contracts, where the value of goods or services paid as consideration does not exceed ten crore rupees; (iii) appeals against the orders of any Di strict Commission within the State; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Commission within the State, where it appears to the State Commission that s uch District Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. (2) The jurisdiction, powers and authorit y of the State Commission may be exercised by Benches thereof, and a Bench may be constituted by the President with one or more members as the President may deem fit: Provided that the senior -most member shall preside over the Bench. (3) Where the members of a Bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it: Provided that the President or the other members, as the case may be, shall give opinion on the point or points so referred within a period of one month from the date of such reference. (4) A com plaint shall be instituted in a State Commission within the limits of whose jurisdiction, -- (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carrie s on business or has a branch office or personally works for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided in such case, the permission of the State Commission is given; or (c) the cause of action, wholly or in part, arises; or (d) the complainant reside s or personally works for gain. 48. Transfer of cases .On the a pplication of the complainant or of its own motion, the State Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission to another District Commission within the State if the inte rest of justice so requires . 49. Procedure applicable to State Commission .(1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be necessary, be applicable to the disposal of complaints by the State Commission. (2) Without prejudice to the provisions of sub -section (1), the State Commission may also declare any terms of contract, which is unfair to any consumer, to be null and void. 25 50. Review by State Commission in certain cases .The State Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties wi thin thirty days of such order. 51. Appeal to National Commission .(1) Any per son aggrieved by an order made by the State Commission in exercise of its powers conferred by sub -clause (i) or (ii) of clause (a) of sub -section (1) of section 47 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed: Provided that the National Commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause fo r not filing it within that period: Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited fifty per ce nt. of that amount in the manner as may be prescribed. (2) Save as otherwise expressly provided under this Act or by any other law for the time being in force, an appeal shall lie to the National Commission from any order passed in appeal by any State Comm ission, if the National Commission is satisfied that the case involves a substantial question of law. (3) In an appeal involving a question of law, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. (4) Where the National Commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question and hear the appeal on that question: Provided that nothing in this sub -section shall be deemed to take away or abridge t he power of the National Commission to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law, if it is satisfied that the case involves such question of law. (5) An appeal may lie to the National Commission under this section from an order passed ex parte by the State Commission. 52. Hearing of appeal. An appeal filed before the State Commission or the National Commission, as the case may be, shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of ninety days from the date of its admission: Provided that no adjournment shall ordinarily be granted by the State Commission or the National Commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission: Provided further that the State Commission or the National Commission, as the case may be, shall make such orders as to the costs occasioned by the adjournm ent, as may be specified by regulations: Provided also that in the event of an appeal being disposed of after the period so specified, the State Commission or the National Commission, as the case may be, shall record in writing the reasons for the same at the time of disposing of the said appeal. 53. Establishment of National Consumer Disputes Redressal Commission .(1) The Central Government shall, by notification, establish a National Consumer Disputes Redressal Commission, to be known as the National Commission. (2) The National Commission shall ordinarily function at the National Capital Region and perform its functions at such other places as the Central Government may in consultation with the Nationa l Commission notify in the Official Gazette: Provided that the Central Government may, by notification, establish regional Benches of the National Commission, a t such places, as it deems fit. 54. Composition of National Commission .The Nation al Commission shall consist of (a) a President; and (b) not less than four and not more than such number o f members as may be prescribed. 26 55. Qualifications, etc., of President and members of National Commission .(1) The Central Government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the President and members of the National Commission: Provided that the President and members of th e National Commission shall hold office for such term as specified in the rules made by the Central Government but not exceeding five years from the date on which he enters upon his office and shall be eligible for re -appointment: Provided further that no President or members shall hold office as such after he has attained such age as specified in the rules made by the Central Gove rnment which shall not exceed, (a) in the case of the President, the age of seventy years; (b) in the case of any other member, the age of sixty -seven years. 1[(1A) Notwithstanding anything contained in sub -section ( 1), the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the President and other members of the National Commission appointed after the commencement of the Tribunal Reforms Act, 2021, shall be governed by the provisions of the said Act.] (2) Neither the salary and allowances nor the other terms and conditions of service of President and members of the National Commission shall be varied to his disa dvantage after his appointment. 56. Transitional provision .The President and every other member appointed immediately before the commencement of section 177 of the Finance Act, 20 17 (7 of 2017) shall continue to be governed by the provisions of the Consumer Protection Act, 1986 (68 of 1986) and the rules made there under as if this Act had not come into force. 57. Other officers and employees of National Commission .(1) The Central Government shall provide, in consultation with the President of the National Commission, such number of officers and other employees to assist the National Commission in the discharge of its functions as it may think fit. (2) The officers and other employ ees of the National Commission shall discharge their functions under the general superintendence of the President of the National Commission. (3) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and oth er employees of the National Commission shal l be such as may be prescribed. 58. Jurisdiction of National Commission .(1) Subject to the other provisions of this Act, the National Comm ission shall have jurisdiction (a) to entertain (i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crore: Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit; (ii) complaints against unfair contracts, where t he value of goods or services paid as consideration exceeds ten crore rupees; (iii) appeals against the orders of any State Commission; (iv) appeals against the order s of the Central Authority; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity. 1. Ins. by Act 33 of 2021, s. 30 (w.e.f. 4 -4-2021). 27 (2) The jurisdiction, powers and authority of the National Commission may be exercised by Benches thereof and a Bench may be constituted by the President w ith one or more members as he may deem fit: Provided that the senior -most member of the Bench shall preside over the Bench. (3) Where the members of a Bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on su ch point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it: Provided that the President or the other m ember, as the case may be, shall give opinion on the point or points so referred within a period of two months f rom the date of such reference. 59. Procedure applicable to National Commission .(1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be considered necessary, be applicable to the disposal of complaints by the National Commission. (2) Without prejudice to sub -section ( 1), the National Commission may also declare any terms of contrac t, which is unfair to an y consumer to be null and void. 60. Review by National Commission in certain cases .The National Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties wi thin thirty days of such order. 61. Power to set aside ex parte orders .Where an order is passed by the National Commission ex parte , the aggrieved party may make an application to the Co mmissio n for setting aside such order. 62. Transfer of cases .On the application of the complainant or of its own motion, the National Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the Dis trict Commission of one State to a District Commission of another State or before one State Commissi on to another State Commission. 63. Vacancy in office of President of National Commission .When the office of President of the National Commission is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior -most member of the National Commission: Provided that where a retired Judge of a High Court or a pe rson who has been a Judicial Member is a member of the National Commission, such member or where

retired Judge of a High Court or a pe rson who has been a Judicial Member is a member of the National Commission, such member or where the number of such members is more than one, the senior -most person amongst such members, shall preside over the National Commission in the absence o f Presiden t of that Commission. 64. Vacancies or defects in appointment not to invalidate orders .No act or proceeding of the District Commission, the State Commission or the National Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defe ct in the constitution thereof. 65. Service of notice, etc .(1) All notices, required by this Act to be served, shall be served by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the District Commission, the State Commission or the National Commission, as the case may be, or by any other mode of transmission of document s including electronic means. (2) Without prejudice to the provisions contained in sub -section ( 1), the notice required by this Act may be served on an electronic service provider at the address provided by it on the electronic platform from where it provi des its services as such and for this purpose, the electronic service provider shall designate a nodal officer to accept and process such notices. (3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or, as the case may be, by the complainant is received by the District Commission, the State Commission or the National Commission, as the case may be, or postal article containing the notice is 28 received back by such District Commission, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub -section ( 1) when tendered or transmitted to him, the District Commission or the State Commission or the National Commission, as the case may be, shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be: Provided that where the notice was properly addressed, pre -paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub -section shall be made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for any other reason, has not been receive d by the District Commission, the State Commission or the National Commission, as the case may be, within thirty days from the date of issue of notice. (4) All notices required to be served on an opposite party or to complainant, as the case may be, shall be deemed to be sufficiently served, if addressed in the case of the opposite party, to the place where business or profession is carried on, and in case of the complainant, the place where such person ac tually and voluntarily resides. 66. Experts to assist National Commission or State Commission .Where the National Commission or the State Commission, as the case may be, on an application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or expert to assist the National Commission or the State Commission, as the case may be. 67. Appeal against order of National Commission .Any person, aggrieved by an order made by the National Commission in exercis e of its powers conferred by sub -clause ( i) or ( ii) of clause ( a) of sub-section ( 1) of section 58, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period: Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited fifty per cent. of that amount in t he manner as may be prescribed. 68. Finality of orders .Every order of a District Commission or th e State Commission or the National Commission, as the case may be, shall, if no appeal has been preferred against such order under the pr ovisions of this Act, be final. 69. Limitation period .(1) The District Commission, the State Commission or the Nationa l Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. (2) Notwithstanding anything contained in sub -section ( 1), a complaint may be entertained after the period specified in sub -section ( 1), if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be e ntertained unless the District Commission or the State Commission or the National Commission, as the case may be, records its re asons for condoning such delay. 70. Administrative control .(1) The National Commission shall have the authority to lay down such adequate standards in consultation with the Central Government from time to time, for better protection of the interests of consumers and for that purpose, shall have administrative contro l over all the State Commissions in the following matters, namely: (a) monitoring performance of the State Commissions in terms of their disposal by calling for periodical returns regarding the institution, disposal and pendency of cases; 29 (b) investigatin g into any allegations against the President and members of a State Commission and submitting inquiry report to the State Government concerned along with copy endorsed to the Central Government for necessary action; (c) issuance of instructions regarding a doption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of judgments written in any language, speedy grant of copies of documents; (d) ove rseeing the functioning of the State Commission or the District Commission either by way of inspection or by any other means, as the National Commission may like to order from time to time, to ensure that the objects and purposes of the Act are best served and the standards set by the National Commission are implemented without interfering with their quasi -judicial freedom. (2) There shall be a monitoring cell to be constituted by the President of the National Commission to oversee the functioning of the St ate Commissions from the administrative point of view. (3) The State Commission shall have administrative control over all the District Commissions within its jurisdiction in all matters referred to in sub -section ( 1). (4) The National Commission and the S tate Commissions shall furnish to the Central Government periodically or as and when required, any information including the pendency of cases in such form and manner as may be prescribed. (5) The State Commission shall furnish, periodically or as and when required to the State Government any information including pendency of cases in such form a nd manner as may be prescribed. 71. Enforcement of orders of District Commission, State Commission and National Commission .Every order made by a District Commission, State Commission or the National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act. 72. Penalty for non -compliance of order .(1) Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty -five thousand rupees, but which may extend to one lakh rupees, or with both. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Commission, the State Commission or the Nat ional Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offences under sub -section ( 1), and on conferment of such powers, the District Commission or the State Commission or the National Commission , as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973. (3) Save as otherwise provided, the offences under sub -section ( 1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be. 73. Appeal against order passed under section 72 .(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 ( 2 of 1974), where an order is passed under sub -section ( 1) of section 72, an appeal shall lie, both on facts and on law from (a) the order made by the District Commission to the State Commission; (b) the order made by the State Commission to the National Commission; and (c) the order made by the National Commission to the Supreme Court. (2) Except as provided in sub -section ( 1), no appeal shall lie before any court, from any order of a District Commission or a State Commission or the National Commission, a s the case may be. 30 (3) Every appeal under this section shall be preferred within a period of thirty days from the date of order of a District Commission or a State Commission or the National Commission, as the case may be: Provided that the State Commissio n or the National Commission or the Supreme Court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said peri od of thirty days. CHAPTER V MEDIATION 74. Establishment of consumer mediation cell. (1) The State Government shall establish, by notification, a consumer mediation cell to be attached to each of the District Commissions and the State Commissions of that State. (2) The Central Government shall establish, by notification, a consumer mediation cell to be attached to the National Commission and each of the regional Benches. (3) A consumer mediation cell shall consist of such persons as may be prescribed. (4) Every consumer mediation cell shall maintain (a) a list of empanelled mediators; (b) a list of cases handled by the cell; (c) record of proceeding; and (d) any other information as may be specified by regulations. (5) Every consumer mediation cell shall s ubmit a quarterly report to the District Commission, State Commission or the National Commission to which it is attached, in the manner specified by regu lations. 75. Empanelment of mediators .(1) For the purpose of mediation, the National Commission or the State Commission or the District Commission, as the case may be, shall prepare a panel of the mediators to be maintained by the consumer mediation cell attached to it, on the recommendation of a selection committee consisting of the President and a member of that Commission. (2) The qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, t he code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and other matters relating thereto, shall be such as may be specified by regulations. (3) The panel of mediators prepared under sub -section ( 1) shall be valid for a period of five years, and the empanelled mediators shall be eligible to be considered for re -empanelment for another term, subject to such conditions as may be specified by regu lation s. 76. Nomination of mediators from panel .The District Commission, the State Commission or the National Commission shall, while nominating any person from the panel of mediators referred to in section 75, consider his suitability for resolving the consum er dispute involved. 77. Duty of mediator to disclose certain facts .It shall be the du ty of the mediator to disclose (a) any personal, professional or financial interest in the outcome of the consumer dispute; (b) the circumstances which may give rise to a justifiable doubt as to his independence or impartiality; and (c) such other facts as m ay be specified by regulations. 78. Replacement of mediator in certain cases .Where the District Commission or the State Commission or the National Commission, as the case may be, is satisfied, on the information furnished by the mediator or on the information received from any other person including parties to the complaint and after hearing the mediator, it shall replace suc h mediator by another mediator. 31 79. Procedu re for mediation .(1) The mediation shall be held in the consumer mediation cell attached to the District Commission, the State Commission or the National Commission, as the case may be. (2) Where a consumer dispute is referred for mediation by the Distric t Commission or the State Commission or the National Commission, as the case may be, the mediator nominated by such Commission shall have regard to the rights and obligations of the parties, the usages of trade, if any, the circumstances giving rise to the consumer dispute and such other relevant factors, as he may deem necessary and shall be guided by the principles of natural justice while carrying out mediation. (3) The mediator so nominated shall conduct mediation within such time and in such manner as may be specified by regulations. 80. Settlement through mediation .(1) Pursuant to mediation, if an agreement is reached between the parties with respect to all of the issues involved in the consumer dispute or with respect to only some of the issues, the terms of such agreement shall be reduced to writing accordingly, and signed by the parties to such dispute or their authorised representatives. (2) The mediator shall prepare a settlement report of the settlement and forward the signed agreement along with such report to the concerned Commission. (3) Where no agreement is r eached between the parties within the specified time or the mediator is of the opinion that settlement is not possible, he shall prepare his report accordingly and submit the sa me to the concerned Commission. 81. Recording settlement and passing of order .(1) The District Commission or the State Commission or the National Commission, as the case may be, shall, within seven days of the receipt of the settlement report, pass suitable order recording such settlement of consumer dispute and dispose of the matte r accordingly. (2) Where the consumer dispute is settled only in part, the District Commission or the State Commission or the National Commission, as the case may be, shall record settlement of the issues which have been so settled and continue to hear oth er issues involved in such consumer dispute. (3) Where the consumer dispute could not be settled by mediation, the District Commission or the State Commission or the National Commission, as the case may be, shall continue to hear all the issues involved in such consumer dispute. CHAPTER VI PRODUCT LIABILITY 82. Application of Chapter .This Chapter shall apply to every claim for compensation under a product liability action by a comp

ILITY 82. Application of Chapter .This Chapter shall apply to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provid er or sold by a product seller. 83. Product liability action .A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product. 84. Liability of product manufacturer .(1) A product manufacturer shall be liable in a product liability action, if (a) the product contains a manufacturing defect; or (b) the product is defective in design; or (c) there is a deviation from manufacturing specifications; or (d) the product does not conform to the express warranty; or (e) the product fails to contain adequate instructions of correct usage to prevent any harm o r any warning regarding improper or incorrect usage. 32 (2) A product manufacturer shall be liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product. 85. Liability of product service provider .A product service provider shall be liable in a product liability action, if (a) the service provided by him was faulty or imperfect or deficient or inadequate in quality, nature or manner of performance which is re quired to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise; or (b) there was an act of omission or commission or negligence or conscious withholding any information which caused harm; or (c) the service provider did not issue adequate instructions or warnings to prevent any harm; or (d) the service did not conform to express warranty or the terms and conditions of the contract. 86. Liability of product sellers .A product seller who is not a product manufa cturer shall be liable in a product liability action, if (a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; or (b) he has altered or modified the product and such alte ration or modification was the substantial factor in causing the harm; or (c) he has made an express warranty of a product independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm; or (d) the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or he is not subject to the law which is in force in India or the order, if any, passed or to be passed cannot be enforced against him; or (e) he failed to exercise reasonable care in assembling, inspecting or maintaining such product or he did not pass on the warnings or instruc tions of the product manufacturer regarding the dangers involved or proper usage of the product while selling such product and such failure was the p roximate cause of the harm. 87. Exceptions to product liability action .(1) A product liability action cann ot be brought against the product seller if, at the time of harm, the product was misused, altered, or modified. (2) In any product liability action based on the failure to provide adequate warnings or instructions, the product manufa cturer shall not be li able, if (a) the product was purchased by an employer for use at the workplace and the product manufacturer had provided warnings or instructions to such employer; (b) the product was sold as a component or material to be used in another product and necessary warnings or instructions were given by the product manufacturer to the purchaser of such component or material, but the harm was caused to the complainant by use of the end product in which such component or material was used; (c) the product was one which was legally meant to be used or dispensed only by or under the supervision of an expert or a class of experts and the product manufacturer had employed reasonable means to give the warnings or instructions for usage of such product to such exper t or class of experts; or (d) the complainant, while using such product, was under the influence of alcohol or any prescription drug which had not been prescribed by a medical practitioner. 33 (3) A product manufacturer shall not be liable for failure to inst ruct or warn about a danger which is obvious or commonly known to the user or consumer of such product or which, such user or consumer, ought to have known, taking into account the c haracteristics of such product. CHAPTER VII OFFENCES AND PENALTIES 88. Penalty for non -compliance of direction of Central Authority .Whoever, fails to comply with any direction of the Central Authority under sections 20 and 21, shall be punished with imprisonment for a term which may extend to six months or with fine which ma y extend to tw enty lakh rupees, or with both. 89. Punishment for false or misleading advertisement .Any manufacturer or service provider who causes a false or misleading advertisement to be made which is prejudicial to the interest of consumers shall be pu nished with imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees; and for every subsequent offence, be punished with imprisonment for a term which may extend to five years and with fine which m ay extend to fifty lakh rupees. 90. Punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant .(1) Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distrib utes or imports any product containing an adulterant shall be punished, if such act (a) does not result in any injury to the consumer, with imprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees; (b) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees; (c) causing injury resulting in grievous hurt to the consumer, with imprisonment f or a term which may extend to seven years and with fine which may extend to five lakh rupees; and (d) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life a nd with fine which shall not be less than ten lakh rupees. (2) The offences under clauses ( c) and ( d) of sub -section ( 1) shall be cognizable and non -bailable. (3) Notwithstanding the punishment under sub -section ( 1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub -section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the lic ence. Explanation. For the purposes of this section, (a) "adulterant" means any material including extraneous matter which is employed or used for making a product unsafe; (b) "grievous hurt" shall have the same meaning as assigned to it in section 320 of the Indian Penal Code (45 of 1860). 91. Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods .(1) Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells o r distributes or imports any spurious goods shall be punished, if such act (a) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees; (b) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees; (c) results in the death of a consumer, with imprisonment for a term which shall n ot be less than seven years, but may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees. 34 (2) The offences under clauses ( b) and ( c) of sub -section ( 1) shall be cognizable and non -bailable. (3) Notwithstanding the pun ishment under sub -section ( 1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub -section, under any law for the time being in force, for a period up to two years, and in case of second or subsequen t conviction, cancel the licence. 92. Cognizance of offence by court .No cognizance shall be taken by a competent court of any offence under sections 88 and 89 except on a complaint filed by the Central Authority or any officer authorised by it in this beh alf. 93. Vexatious search .The Director General or any other officer, exercising powers under section 22, who knows that there are no reasonable grounds for so doing, and yet (a) searches, or causes to be searched any premises; or (b) seizes any record, r egister or other document or article, shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to te n thousand rupees or with both. CHAPTER VIII MISCELLANEOUS 94. Measures to prevent unfair trade practices in e -commerce, direct selling, etc .For the purposes of preventing unfair trade practices in e -commerce, direct selling and also to protect the interest and rights of consumers, the Central Government may take such measures i n the manner as may be prescribed. 95. Presidents, members, Chief Commissioner, Commissioner and certain officers to be public servants .The Presidents and members of the District Commission, the State Commission and the National Commission, and officers a nd other employees thereof, the Chief Commissioner and the Commissioner of the Central Authority, the Director General, the Additional Director General, the Director, the Joint Director, the Deputy Director and the Assistant Director and all other officers and employees of the Central Authority and other persons performing any duty under this Act, while acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 96. Compounding of offences .(1) Any offence punishable under sections 88 and 89, may, either before or after the institution of the prosecution, be compounded, on payment of such amount as may be prescribed: Provided that no compounding of such offence shall be made without the leave of the court before which a complaint has been filed under section 92: Provided further that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under t his Act for the offence so compounded. (2) The Central Authority or any officer as may be specially authorised by him in this behalf, may compound offences under sub -section ( 1). (3) Nothing in sub -section ( 1) shall apply to person who commits the same or similar offence, within a period of three years from the date on which the first offence, committed by him, was compounded. Explanation. For the purposes of this sub -section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence. (4) Where an offence has been compounded under sub -section ( 1), no proceeding or further proceeding, as the case may be, shall be taken against the o ffender in respect of the offence so compounded. (5) The acceptance of the sum of money for compounding an offence in accordance with sub -section (1) by the Central Authority or an officer of the Central Authority empowered in this behalf shall be 35 deemed t o amount to an acquittal within the meaning of the Code of Crimin al Procedure, 1973 (2 of 1974). 97. Manner of crediting penalty .The penalty collected under section 21 and the amount collected under section 96 shall be credited to such fund as may be pres cribed . 98. Protection of action taken in good faith .No suit, prosecution or other legal proceeding shall lie against the Presidents and members of the District Commission, the State Commission and the National Commission, the Chief Commissioner, the Commissioner, any officer or employee and other person performing any duty under this Act, for any act which is in good faith done or intended to be done in pursuance of this Act or under any rule or order made thereunder. 99. Power to give directions by C entral Government .(1) Without prejudice to the foregoing provisions of this Act, the Central Authority, shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, as the Central Government may give in writing to it from time to time: Provided that the Central Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub -section. (2) The decision of the Central Go vernment whether a question is one o f policy or not shall be final. 100. Act not in derogation of any other law .The provisions of this Act shall be in addition to and not in derogation of the provisions of any other l aw for the time being in force. 101. Power of Central Government to make rules .(1) The Central Government may, by notification, make rules for carrying out any of the provisions contained in this Act. (2) Without prejudice to the generality of the foregoing powe r, such rules may provide for, (a) the other class or classes of persons including public utility entities under clause ( 19) of section 2; (b) the contest, lottery, game of chance or skill which are to be exempted under item ( b) of sub - clause ( iii) of clause ( 47) of section 2; (c) the manner of issuing bill or cash memo or receipt for goods sold or services rendered under sub-clause ( vii) of clause ( 47) of section 2; (d) the number of other official or non -official members of the Central Council under clause ( b) of sub -section ( 2) of section 3; (e) the time and place of meeting of Central Council and the procedure for the transaction of its business under sub -section ( 2) of section 4; (f) the number of Commissioners in the Central Authority under sub -section ( 2) of section 10; (g) the qualifications for appointment, method of recruitment, procedure of appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chief Commissioner and other Commissioners of the Central Auth ority under section 11; (h) the salaries and allowances payable to, and the other terms

ers of the Central Auth ority under section 11; (h) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Central Authority under sub -section ( 2) of section 13; (i) the qualifications for appointment of D irector General, Additional Director General, Director, Joint Director, Deputy Director and Assistant Director and the manner of appointment under sub - section ( 2) of section 15; (j) the manner of taking copies or extracts of document, record or article sei zed or produced before returning to the person under sub -section ( 3) of section 22; (k) the officer and the manner of disposing of articles which are subject to speedy or natural decay under sub -section ( 4) of section 22; 36 (l) the form and manner for preparing annual statement of accounts by the Central Authority in consultation with the Comptroller and Auditor -General of India under sub -section ( 1) of section 26; (m) the form in which, and the time within which, an annual report, other reports and ret urns may be prepared by the Central Authority under sub -section ( 1) of section 27; (n) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of President and members of the District Co mmission under section 29; (o) the other value of goods and services in respect of which the District Commission shall have jurisdiction to entertain complaints under proviso to sub -section ( 1) of section 34; (p) the manner of electronically filing complai nt under the proviso to sub -section ( 1) of section 35; (q) the fee, electronic form and the manner of payment of fee for filing complaint under sub-section ( 2) of section 35; (r) the cases which may not be referred for settlement by mediation un der sub -section ( 1) of section 37; (s) the manner of authentication of goods sampled in case of the National Commission under clause ( c) of sub -section ( 2) of section 38; (t) any other matter which may be prescribed under clause ( f) of sub -section ( 9) of s ection 38; (u) the fund where the amount obtained may be credited and the manner of utilisation of such amount under sub -section ( 2) of section 39; (v) the form and the manner in which appeal may be preferred to the State Commission under section 41; (w) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of the President and members of the State Commission under section 43; (x) the other value of goods and services in respect of whi ch the State Commission shall have jurisdiction under the proviso to sub -clause ( i) of clause ( a) of sub -section ( 1) of section 47; (y) the form and manner of filing appeal to the National Commission, and the manner of depositing fifty per cent. of the amo unt before filing appeal, under sub -section ( 1) of section 51; (z) the number of members of the National Commission under clause ( b) of section 54; (za) the qualifications, appointment, term of office, salaries and allowances, resignation, removal and othe r terms and conditions of service of the President and members of the National Commission under sub -section ( 1) of section 55; (zb) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the National Commission under sub -section ( 3) of section 57; (zc) the other value of goods and services in respect of which the National Commission shall have jurisdiction under the proviso to sub -clause ( i) of clause ( a) of sub -section ( 1) of section 58; (zd) the manner of depositing fifty per cent. of the amount under the second proviso to section 67; (ze) the form in which the National Commission and the State Commission shall furnish information to the Central Government under sub -section ( 4) of section 70; (zf) the persons in the consumer mediation cell under sub -section ( 3) of section 74; (zg) the measures to be taken by the Central Government to prevent unfair trade practices in e-commerce, direct selling under section 94; (zh) the amount for compounding offences under sub -section ( 1) of section 96; 37 (zi) the fund to which the penalty and amount collected shall be credited under section 97; and (zj) any other matter which is to be, or may be, prescribed, or in respect of which provisions are t o be, or may be, made by rules 102. Power of State Government to make rules .(1) The State Governments may, by notification, make rules for carrying out the provisions of this Act: Provided that the Central Government may, frame model rules in respect of al l or any of the matters with respect to which the State Government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government and while making any such rules, so far as is practicable, they shall conform to such model rules. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the other class or classes of persons including public utility entities under clause ( 19) of section 2; (b) the contest, lottery, game of chance or skill which are to be exempted under item ( b) of sub-clause ( iii) of clause (47) of section 2; (c) the number of other official or non -official members of the State Council under clause ( b) of sub -section ( 2) of section 6; (d) the time and place of meeting of the State Council and the procedure for the transaction of its business under sub -section ( 4) of section 6; (e) the number of other official and non -official members of District Council under clause (b) of sub -section ( 2) of section 8; (f) the time and place of meeting of the District Council and procedure for the transaction of its business under sub -section ( 4) of section 8; (g) the number of members of the District Commission under clause ( b) of sub -section ( 2) of section 28; (h) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the District Commission under section 30; (i) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the District Commission under sub -section ( 3) of sectio n 33; (j) the manner of authentication of goods sampled by the State Commission and the District Commission under clause ( c) of sub -section ( 2) of section 38; (k) the manner of depositing fifty per cent. of the amount before filing appeal under second proviso to section 41; (l) the number of members of the State Commission under sub -section ( 3) of section 42; (m) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the State Commission under section 44; (n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the State Commission under sub -section ( 3) of section 46; (o) the form in which the State Commission shall furnish inf ormation to the State Government under sub -section ( 5) of section 70; (p) the persons in the consumer mediation cell under sub -section ( 3) of section 74; (q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules. 38 103. Power of National Commission to make regulations .(1) The National Commission may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act to provide for all ma tters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regul ations may make provisions for (a) the costs f or adjournment to be imposed by the District Commission under the second proviso to sub -section ( 7) of section 38; (b) the costs for adjournment to be imposed by the State Commission or the National Commission, as the case may be, under the second proviso to section 52; (c) the maintenance of any other information by the consumer mediation cell under sub-section ( 4) of section 74; (d) the manner of submission of quarterly report by consumer mediation cell to the District Commis sion, the State Commission or the National Commission under sub -section ( 5) of section 74; (e) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, th e fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and the oth er matters relating thereto under sub -section ( 2) of section 75; (f) the conditions for re -empanelment of mediators for another term under sub -section ( 3) of section 75; (g) the other facts to be disclosed by mediators under clause ( c) of section 77; (h) the time within which, and the manner in which, mediation may be conducted under sub-section ( 3) of section 79; and (i) such other matter for which provision is to be, or may be, made by regulation. 104. Power of Central Authority to make regulations .(1) The Central Authority may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act, for the purpose of giving effect to the provisions of th is Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: (a) the procedure for engaging experts and professionals and the number of such expert s and professionals under sub -section ( 3) of section 13; (b) the procedure for transaction of business and the allocation of business of the Chief Commissioner and Commissioner under sub -section ( 1) of section 14; (c) the form, manner and time within which , inquiries or investigation made by the Director -General shall be submitted to the Central Authority under sub -section ( 5) of section 15; and (d) such other matter for which provision is to be, or may be, made by regulation. 105. Rules and regulations to be laid before each House of Parliament .(1) Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thi rty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or 39 annulment shall be without prejudice to the validity o f anything previously done under that rule or regulation. (2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made , before the State Legislature. 106. Power to Remove Difficulties .If any difficulty arises i n giving effect to the provisions of this Act, the Central Government may, by order in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years fro m the commencement of this Act. 107. Repeal and savings .(1) The Consumer Protection Act, 1986 (68 of 1986) is hereby repealed. (2) Notwithstanding such repeal, anything d one or any action taken or purported to have been done or taken under the Act hereby repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. (3) The mention of particular matters in sub -section ( 2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal.

THE POLICE ACT, 18611 ACT, NO. 5 OF 1861 [22nd March , 1861 .] An Act for the Regulation of Police. Preamble. WHEREAS it is expedient to re -organi se the police and to make it a more efficient instrument for the prevention and detection of crime; It is enacted as follows: 1.Interpretation clause. The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say the words Magistrate of the district shall mean the chief office r charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the chief officer charged with such executive administration is styled: 1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897). This Act has been applied to the S onthalParganas by the S onthalParganas Settlement Regulation,1872 (3 of 1872), s . 3; the Town of Calcutta and its suburbs, with modifications by the Calcutta Police Act, 1898 (Ben.1 of 1898); the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of1936), s. 3 and Schedule; the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s . 3 and Schedule ; and the areas transferred to Orissa from the Madras Presidency, by the Orissa Laws Regulation, 1936 (1 of 1936). It has been declared, by notification under section3( a) of the Scheduled Districts Act, 1874 (14 of 1874 ), to be in force in the following Scheduled Districts, namely: The District of Hazaribagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899 PartI, p.44) and Manbhum and ParganaDhalbhum and the Kolhan in the District of Singhbhum, see Gazett e of India, 1881, PartI p.504, and the Porahat Estate in the Singhbhum District, see Gazette of India, 1897, PartI, p 1059. It has been extended, by notification under s . 5 of the same Act, to the Kumaon and Garhwal Districts, see Gazette of India, 1891, PartI, p.185, and (with the exception of s . 5) to the Scheduled District of Coorg, see Gazette of India, 1914, PartII, p.2347.Ss . 15, 15A, 16, 30, 30A, 31 and 32 have been extended to the Scheduled Districts in Ganjam and Vizagapatam, see Fort St.George Ga zette, 1898, PartI, p.667, and Gazette of India, 1898, PartI, p.873.The whole Act has been extended to the Amindivi Islands attached to the South Kanara District; see Fort St.George Gazette, 1935, PartI, p.1202. It has been extended to the Merged States an d the States of Bhopal, Bilaspur, Himachal Pradesh and Kutch by the Merged States (Laws) Act, 1949 (59 of 1949), and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950). It has been extend to (1) and b rought into force in Dadra and Nagar Haveli (w.e.f. 1 -7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule ; (2) Laccadive Minicoy and Amindivi Islands (w.e.f. 1 -10-1967): vide Reg. 8 of 1965, s. 3 and Schedule ; (3) the whole of Madhya Pardesh by M.P. Act 23 of 1958 (when notified); and (4) Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and the Schedule. As to special enactments in force in Madras, Bombay and Lower Provinces of Bengal, and extensions of this Act under the power conferred by section46, see notes to that section. As to special enactments for Military, Frontier or Rural Police in force in certain parts of the States, see footnote to section8. As to the creation of special police -districts embracing parts of two or more Provinces and the extension to every part thereof the powers and jurisdiction of members of a police force belonging to any part of the States, see the Police Act, 1888 (3 of 188 8). The Act has been amended in its application to the C.P.and Berar by C.P. and Berar Act 3 of 1937 ; Madras by Madras Act 13 of 1948 ; the U.P. by U.P. Acts 2 of 1939, 2 of 1944 and 32 of 1952 ;Punjab by E.P. Act 30 of 1948; Pondicherry by Pondicherry Act 7 of 1968; West Bengal by West Bengal Act 5 of 1973; Orissa by Orissa Act s 5 of 1976 and 34 of 1976 and Sikkim by Skkim Act 7 of 1980. Repealed in its application to Bellary District by Mysore Act 14 of 1955. 5 the word Magistrate shall include all persons within the general police -district, exercising all or any of the power of a Magistrate: the word police shall include all persons who shall beenrolled under this Act: the words general police -district shall embrace any1presidency, 2[State ] or place, or any part of any presidency ,2[State ] or place, in which this Act shall be ordered to take effect: 3[the words District Superintendent and District Superintendent of Police shall include any Assistant District Superintendent or other person appointed by general or special order of the 4[State Government ] to perform all or any of the duties of a District Superintendent of Police under this Act in any district:] the word property shall include any moveable property money, or valuable security: 5* * * * * the word person shall include a company or corporation: the word month shall mean a calendar month: 6the word cattle shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine. 7[References to the subordinate ranks of a police force shall be construed as references to members of that force belo w the rank of Deputy Superintendent.] 82. Constitution of the forces .The entire police -establishment under a 4[State Government ] shall for the purposes of this Act, be deemed to be one 9police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner , 10*** as shall from time to time be ordered by the 4[State Government ]11***. 12[Subject to the provisions of this Act the pay and all other conditions of service of members of the subordinate ranks of any police force shall be such as may -be determined by the2[State ] Government. ] 3. Superintendence in the 4[State Government ].The superintendence of the police throughout a general police -district shall vest in and 9*** shall be exercised by the 4[State Government ] to which such district is subordinate; and except as authori sed under the provisions of this Act, no person, officer, or Court shall be empowered by the 4[State Government ] to 13*** supersede, or control any police functionary. 4. Inspector -General of Police, etc. 14The administration of the police throughout the general police district shall be vested in an officer to be styled the Inspector -General of Police, and in such 1. Under s. 2 of Police Act, 1888 (3 of 1888), the Central Government may, notwithstanding this provision, create a special police -district, consisting of parts of two or more States. As to Delhi State, see Gazette of India, 1912, Pt. I, p. 1105. 2. Subs. by the A.O. 1950 , for Province. 3. Ins. by Act 8 of 1895, s. 1. 4. Subs. by the A.O. 1950 , for Provincial Government which ha d been subs. by the A.O. 1937 , for L.G. 5. The definitions relating to number and gender rep. By Act 10 of 1914, s. 3 and the Second Schedule. 6. Cf. Definition of cattle in s. 3 of the Cattle -trespass Act, 1871 (1 of 1871). 7. Ins. by the A.O. 1937. 8. S. 2, so far as it is related to the provinces under the administration of the Lieutenant -Governor of Bengal, rep. by the Bengal Police Act, 1869 (Ben. 7 of 1869). 9. See note to s. 8, infra , as to enrolment of the police force in certain places. 10. The words and the members of such force shall receive such pay omitted by the A.O. 1937. 11. Certain words omitted, ibid. 12. Ins. ibid. 13. The word appoint omitted , ibid. 14. In the town and suburbs of Calcutta, the administration of the police vests in the Commissioner of Police, See s. 3 of the Calcutta Police Act, 1866 (Ben. 4 of 1866). 6 Deputy Inspectors -General and Assistant Inspectors -General as to the 1[State Gover nment ] shall been seem fit. The administration of the police throughout the local jurisdiction of the Magistrate of the district shall, under the general control and direction of such Magistrate, be vested in a District Superintendent and such Assistant Di strict Superintendents as the 1[State Government ] shall consider necessary. 2* * * * * 5. Powers of Inspector General Exercise of power . The Inspector -General of Police shall have the full powers of a Magistrate throughout the general police -district; but shall exercise those powers subject to such limitation as may from time to time be imposed by the 1[State Government. ] 6. [Magisterial po wers of police officers .]Rep.by the Code of Criminal Procedure, 1882 ( Act 10 of 1882), s. 2 and Schedule I (b). 7. Appointment, dismissal, etc., of inferior officers . 3[4[Subject to the provisions of article 311 of the Constitution, and to such rules] as the 1[State Government ] may from time to time make under this Act, the Inspector -General, Deputy Inspectors -General, Assistant Inspector -General and District Superintendents of Police may at any time dismiss, susp end or reduce any police -officer of the subordinate ranks] whom they shall think remiss or negligent in the discharge of his duty, or unfit for the same; 5[or may award any one or more of the following punishments to any police -officer6[of the subordinate ranks] who shall discharge his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof, namely: (a)fine to any amount not exceeding one month s pay; (b) confinement to quarters for a term not exceeding fifteen days, with or without punishment - drill, extra guard, fatigue or other duty; (c) deprivation of good -conduct pay; (d) removal from any office of distinction or special emolument.]7 8. Certificates to police officers . 8Every police -officer 9[appointed to the police force other than an officer mentioned in section 4] shall receive on his appointment a certificate in the from 1. Subs. by the A.O. 1950 , for Provincial Government which had been subs. by the A.O. 1937 , for L.G.. 2. Certain words omitted by the A.O. 1937. 3. Subs. ,ibid., for certain words. 4. Subs. by the A.O. 1950 (as amended by C.O. 29), for Subject to such rules. 5. Subs. by Act 8 of 1895, s. 2, for certain words. 6. Ins. by the A.O. 1937. 7. For clause ( e), applicable to certain areas in the U.P., see U.P. Act 2 of 1944. 8. As to enrolment, maintenance and discipline of (1) the Military Police -force employed in (a) the An daman and Nicobar Islands, see the Andaman and Nicobar Islands Military Police (Disbandment ) Regulation, 1946 (3of 1946); (b) Assam, see the Assam Rifles Act, 1941 (5 of 1941); (c) Bengal, see the Eastern Frontier Rifles (Bengal Battalion) Act, 1920 (Ben. 2 of 1920); (2) the Punjab Frontier Police -officers, see the Punjab Frontier Police -officer Regulation, 1893 (7 of 1893); (3) the Calcutta and Suburban Police, see the Calcutta Police Act, 1866 (Ben. 4 of 1866) and the Calcutta Suburban Police Act, 1866 (Ben. 2 of 1866), (4) the Police establishment in municipal areas in the U.P., see the U.P. Municipalities Act, 1916 (U.P. 2 of 1916); (5) the Police establishment in municipal areas in the Punjab, see the Punjab Municipal Act, 1911 (Pun. 3 of 1911); (6) the Rural Police in the SonthalParganas, see the SonthalParganas Rural Police Regulation, 1910 (4 of 1910); (7) the Rural Police in Chota Nagpur, see the Chota Nagpur Rural Police Act, 1914 (B. & O. 1 of 1914); (8) the U.

Police Act, 1914 (B. & O. 1 of 1914); (8) the U.P. Special Armed Constabulary, see the U.P. Special Armed Constabulary Act, 1942 (U.P. 5 of 1942); (9) the Delhi Special Police Establishment, see the Delhi Special Police Establishment Act, 1946 (25 of 1946); and (10) Delhi Police, see, Delhi Police Act, 1978 (34 of 1978) 9. Subs. by the A.O. 1937, for so appointed. 7 annexed to this Act under the seal of the Inspector -General or such other officer as the Inspector - General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions, and privileges of a police -officer. Surrender of certificate. 1[Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a police -officer, and, on his ceasi ng to be such an officer, shall be forthwith surrendered by him to any officer empowered to receive the same. A police -officer shall not by reason of being suspended from office cease to be a police -officer. During the term of such suspension the powers, functions and privileges vested in him as a police - officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same autho rities, as if he had not been suspended.] 9. Police -officers not to resign without leave or two months notice. No police -officer shall be at liberty to withdraw himself from the duties of his office unless expressly allowe d to do so by the District Super intendent or by some other officer authori sed to grant such permission or, without the leave of the District Superintendent, to resign his office unless he shall have given to his superior officer notice in writing, for a period of not less than two months , of his intention to res ign. 10. Police -officers not to engage inother employment. No police -officer shall engage in any employment or office whatever other than his duties under this Act, unless expressly permitted to do so in writing by the Inspector -General. 11.[Police superannuation fund .]Rep. by the Repealing Act, 1874 (16 of 1874) s. 1 and Sch., Pt. I. 12. Power of Inspector -General to make rules. The Inspector -General of Police may, fromtime to time , subject to the approval of the 2[State Government ], frame such orders and rules as he shall deem expedient relative to the organization, classification and distribution of the police -force, the places at which the members of the force shall reside, and the particular services to be performed by them; the ir inspection, the description of arms, accoutrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information; and all such other orders and rules relative to the police -force as the Inspector -General shall, from time to time, deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties. 13. Additional police -officeremployed at cost of individuals. It shall be lawful for the Inspe ctor-General of Police, o r any Deputy Inspector -General, or Assistant Inspector -General, or for the District Superintendent, subject to the general direction of the Magistrate of the district, on the application of any person showing the necessity thereof, to depute any additional number of police - officers to keep the peace at any place within the general police -district, and for such time as shall be deemed proper. Such force shall be exclusively under the orders of the District Superintendent, and shall b e at the charge of the person making the application: Provided that itshall be lawful for the person on whose application such deputa tion shall have been made, on giving one month s notice in writing to the Inspector -General, Deputy Inspector -General , or Assistant Inspector -General, or to the District Superintendent, to require that the police -officers so deputed shall be withdrawn; and such person shall be relieved from the charge of such additional force from the expiration of such notice. 1. Subs. by Act 8 of 1895, s. 3, for the second paragraph. 2. Subs. by the A.O. 1950 , for Provincial Government which had been subs. by the A.O. 1937 , for L.G.. 8 14. Appointment of additional force in the neighbourhood of railway and other works. Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on , or be in operation in any part of the country, and it shall appear to the Inspector -General that the employment of an additional police -force in such place is rendered necessary by the behaviour or reasonable apprehension of thebehaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the I nspector -General, with the consent of the 1[State Government ], to depute such additional force to such place, and to employ the same so long as such necessity shall continue, and to make orders, from time to time, upon the person having the control or cust ody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly. 2[15. Quartering of additional police in disturbed or da ngerous districts .(1) It shall be lawful for the 1[State Government ], by proclamation to be notified in the Official Gazette, and in such other manner as the 1[State Government ] shall direct, to declare that any area subject to its authority has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such areaor of any class or section of them, it is expedient to increase the number of police. (2) It shall thereupon be lawful for the Inspector -General of Police, or other officer authori sed by the 1[State Government ] in this behalf, with the sanction of the 1[State Government ], to employ any police -force in addition to the ordinary fixed complement to be quartered in the area specified in such proclamation as aforesaid . (3)Subject to the provisions of sub -section ( 5) of this section, the cost of such additional police - force shall be borne by the inhabitants of such area described in the pr oclamation. (4) The Magistrate of the district, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have been exempted under the next succeeding sub -section. Such apportionment shall be made according to the Magistrate s judgement of the respective means within such area of such inhabitants. (5) It shall be lawful for the 1[State Government ] by order to exempt any persons or class or section of such inhabitants from liability to bear any portion of such cost. (6) Every proclamation issued under sub -section ( 1)of this section shall state the period for which it is to remain in force, but it ma y be withdrawn at any time or continued from time to time for a further period or periods as the 1[State Government ] may in each case think fit to direct. Explanation. For the purposes of this section, inhabitants shall include persons who them selves or by their agents or servants occupy or hold land or other immoveable property within such area, and landlords who themselves or by their agents or servants collect rents direct from raiyats or occupiers in such area, notwithstanding that they do not actual ly reside therein .] 3[15A. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land. (1) If, in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or section of them it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of the injury or such 1. Subs. by the A.O. 1950 , for Provincial Governme nt which had been subs. by the A.O. 1937 , for L.G.. 2. Subs. by Act 8 of 1895, s. 4, for the section 15. 3. Ins. by s. 5, ibid. 9 shorter period as may be prescribed, an app lication for compensation to the Magistrate of the district or of the sub -division of a district within which such area is situated. (2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the 1[State Government ] after suc h enquiry as he may deem necessary, and whether any additional police -force has or has not been quartered in such area under the last preceding section, to (a) declare the persons towhom injury has been caused by or has ensued from such misconduct; (b) fix the amount of compensation to be paid to such persons and the manner in which it is to be distributed among them; and (c) assess the proportion in which the same shall be paid by the inhabitants of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding sub -section: Provided that the Magistrate shall not make any declaration or assessment under this sub -section, unless he is of opinion that such injury as aforesaid has arisen from a riot or un lawful assembly within such area, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to such injury. (3) It shall be lawful for the 1[State Government ], by order, to exempt any persons or class o r section of such inhabitants from liability to pay any portion of such compensation. (4)Every declaration or assessment made or order passed by the Magistrate of the district under sub-section ( 2) shall be subject to revision by the Commissioner of the Division or the 1[State Government ], but save as aforesaid shall be final. (5) No civil suit shall bemaintainable inrespectof any injury for which compensation has been awarded under this section. (6) Explanation. Inthis section the word inhabitants shall have the same meaning as in the last preceding section.] STATE AMENDMENT Orissa Amendment of section 15 -A.In the Police Act, 1861 (Act 15 of 1861), in its application to Amendment the State of Orissa, for section 15 -A, the following section shall be substituted, namely : 15-A. Awarding compensation to sufferers from misconduct of inhabitants of any area. (1) If, any area, death or grievous hurt Awarding or loss of or damage to property (includin g public property ) has been caused by or has -ensued from sufferers the misconduct of the inhabitants of such area or any class or section of them or from the failure inhabitants on their part to render assistance in preventing such loss or damage, it shall be lawful for any person who claims to have suffered injury, loss or case from such misconduct or failure, to make within one month from the date of the injury, loss or damage, as the case may be, an application for compensation to the Magistrate of the d istrict within which such area is Situated. (2)It shall thereupon be lawful for the Magistrate of the district, with the sanction of the State Government, after such enquiry as he may deem necessary, and whether any additional Police Force has or, has not been quartered in such area under the last preceding section to 1. Subs. by the A.O. 1950 , for Provincial Government which had been subs. by the A.O. 1937 , for L.G.. 10 (a) declare the limits of the area the inhabitants of which have, in his opinion, been guilt y of such misconduct or failure ; (b) declare the persons to whom injury, loss or damage has been caused by or has ensued from such misconduct or failure , (c) fix the amount of compensation to be paid to such person and where there are More than one such person, the manner in which it is to be distributed among them ;and (d) assess the proportion in which the same ' shall be paid by the inhabitants (other than the applicant) of such area who shall no t have been exempted under sub -Section (3) from the liability to pay: Provided that where the applicant is a private individual, the Magistrate shall not make any declaration unless he is of opinion that such injury, loss or damage as aforesaid has arisen from a riot or unlawful assembly within such area and that the applicant was himself free from blame in respect of the occurrence whi ch led to the injury, loss or damage. (3) It shall be lawful for the State Government, by order, to exempt any person or class or section of such inhabitants from the liability to pay any portion of such compensation. (4) Every declaration or assessment ma de or order passed by the Magistrate of the district under sub-section (2) shall be subject to revision by the Revenue Divisional Commissioner or the State Government, but save as aforesaid, shall be final. (5) No civil suit shall be maintainable in respec t of any injury, loss or damage for which compensation has been awarded under this section. Explanation I in this section (a) inhabitants shall have the same meaning as in section 15; (b)person shall include the Central Government, the Government of a ny State, any Local Authority, any Company, any Corporation and any Association or body of individuals, whether incorporated or not; (c)Public property shall have reference to any property owned by or belonging to (i)the Central Government or the Gove rnment of any State; (ii) any local authority; (iii) Any corporation established under any is owned , controlled or managed, partly or wholly, by the Central Gove rnment or any State Government; (iv) any Company in which not less than fifty -one per cent of the share capital is held by the Central Government or any State Government or Jointly by more than one such government; and (v) any autonomous body established under any law. Explanation II -An application under sub -section (1) maybe made (a) In case of the Government, by such officer as the Government may authorize in that behalf , and (b) In the case of any local authority , Company, Corporation, Association or body, by the person who is in charge of the property. [Vide the Orissa Act 5 of 1 976, s. 2]

[Vide the Orissa Act 5 of 1 976, s. 2] 11 1[16. Recovery of moneys payable under sections 13, 14, 15 and 15A , and disposal of same when recovered. (1) All moneys payable under sections 13 , 14, 15 and 15A shall be coverable by the Magistrate of the district in the manner provided by sections 386 and 387 of the Code of Cr iminal Procedure, 18822(10 of 1882), for the recovery of fines, or by suit any competen tCourt. 3* * * * * (3) All moneys paid or recovered under section 15A shall be paid by the Magistrate of the district to the persons to whom and in the proportions in which the same are payable under that section .] 17. Special police -officers. When it shall appear that any unlawful assembly, or riot or distur bance of the pe ace has taken place, or may be reasonably apprehended, and that the police -force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where s uch unlawful assemb ly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any police - officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhoo d as such police -officers may require to act as special police -officers for such time and within such limits as he shall deem necessary; and the Magis trate to whom such application is made shall, unless he see cause to the contrary, comply with the application. 18. Powers of special police -officers. Every special police -officer so appointed shall have th e same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordin ate to the same authorities, as the ordinary officers of police. 19. Refusal to serve as special police -officers. If any person being appointed a special police - officer as aforesaid shall without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable, upon conviction before a Magistrate, to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience. 420. Authority to be exercised by police -officers. Police -officers enrolled under this Act shall not exercise any authority, except the authority provided for a police -officer under this Act and any Act which shall hereafter be passed for regulating criminal procedure. 21. Village police -officers. Nothing in this Act shall affect any hereditary or other village police -officer, unless such officer shall be enrolled as a police -officer under this Act. When so enrolled, such officer shall be bound by the provisions of the last preceding section. No hereditary or other village police -officer shall be enrolled without his consent and the consent of those who have the right of nomination. Police -chaukidars in the Presidency of Fort William. If any police -office r appointed under 5Act XX of 1856 ( to make better provision .for the appointment and maintenance of Police -chaukidars in Cities, Towns, Stations, Suburbs and Bazars in the Presidency of Fort William in Bengal ) is 1. Subs. by Act 8 of 1895, s. 6, for section 16. 2. See now ss. 421 and 422 of the Code of Criminal Procedure, 1973 (Act 2 of 1974). 3. Subs -section ( 2) omitted by the A.O. 1937. See however, para. 4 of the India and Burma (Transitory Provisions) Order 1937. 4. For some cases in which the application of s. 20 has been restricted, see the Assam Police -officers Regulation, 1883 (2 of 1883), and s. 2 of the Punjab Frontier Police -officer Regulation, 1893 (7 of 1893). 5. The Bengal Chaukidari Act, 1856. 12 employed out of the district for which he shall have been appointed under that Act, he shall not be paid out of the rates levied under the said Act for that district. 22. Police -officers always on duty and may be employed in, any part of district. Every police -officer shall, for all purposes in this Act contained , be considered to be always on duty, and may at any time be employed as a police -offic er in any part of the general police -district . 23. Duties of police -officers. It shall be the duty of every police -officer promptly to obey and execute all orders and wa rrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists; and it shall be lawful for every police -officer, for any of the purposes mentioned in this section, with out a warrant, to enter and inspect any drinking -shop, gaming -house or other place of resort of loose and disorderly characters. STATE AMENDMENT Orissa Insertion of new section 23 -A.In the Police Act, 1861, after section 23, the following new section shall be inserted, namely: 23-A. Power in relation to cognizable offences in a running train .Without prejudice to the provisions contained in the Code of Criminal Procedure, 1973 (2 of 1974) , a Sub -Inspector of police, posted to the mobile out -post of the Government Railway Police, shall, while performing du ty in a running train, exercise the powers of the officer -in-charge of the local Government Railway Police - station for the purposes of investigation into cognizable offences committed in a running train and when so exercising such powers, shall be deemed t o be the officer -in-charge of such police -station discharging the functions of such officer within the limits of that Police -station. [Vide the Orissa Act 21 of 1986, s. 2] 24. Police -officers may lay information, etc. It shall be lawful for any police -officer to lay any information before a Magistrate, and to apply for a summons, warrant, search warrant or such other legal process as may by law issue against any person committing an offence 1* * *. 25. Police -officers to take charge of unclaimed property, and be subject to Magistrates orders as to disposal. It shall be the duty of every police -officer to take charge of all unclaimed property, and to furnish an inventory thereof to the Magistrate of the district. The police -officers shall be guided as to th e disposal of such property by such orders as they shall receive from the Magistrate of the district. 26. Magistrate may detain property and issue proclamation. (1) The Magistrate of the district may detain the property and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation. 1. The words and to prosecute such person up to final judgment rep. by Act 10 of 1882, s. 2 and the Schedule 1( b). 13 1[(2) The provisions of section 525 of the 2Code of Criminal Procedur e, 1882 (10of 1882), shall be applicable to property referred to in this section.] 3[27. Confiscation of property if no claimant appears. (1) If no person shall within the period allowed claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub - section ( 2)of the last preceding section, be sold under the orders of the Magistrate of the district. (2)The sale -proceeds of property sold under the preceding sub -section and the proceeds of property sold under section 26 to which no claim has been established shall be 4[the disposal of the 5[State ] Government].] 28. Persons refusing to deliver up certifica te, etc., on ceasing to be police -officers. Every person, h aving ceased to be an enrolled police -officer under this Act, who shall not forthwith deliver up his certifi cate, and the clothing accoutrements, appointments and other necessaries which shall, have been supplied to him for the execution of his duty, sh all be liable, on conviction before a Magistrate, to a penalty not exceeding two hundred rupees, or to imprisonment with or without hard labour, for a period not exceeding six months, or to both. 29. Penalties for neglect of duty, etc. Every police -officer who shall be guilty of any viola tion of duty or wilful breach or neglect of any rule or regulation or lawful order m ade by competent authority, or w ho shall withdraw from the duties of his office without permission, 6[or without having given previous notice for the period of two months ,]7[or who, being absent on leave sh all fail, without reasonable cause to report himself for duty on the expir ation of such le ave,] or who shall eng age without authority in any employment other than his police -duty, o r who sh all be guilty of cowardice, or who sh all offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a M agistrate, to a penalty not exceeding three months pay, or to imprisonment with or without hard labour, for a period not exceeding three months, or to both. 8[30. Regulation of public assemblies and processions and licensing of the same. (1) The District Superinten dent or Assistant District Superintendent of Police m ay, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, s uch processions may pass. (2) He may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thorough fare, or to form a procession which would, in the judgment of the M agistrate of the district, or of the sub -division of a district, if uncontrolled, be likely to cause a breach of the peace, require by gener al or speci al notice that the persons convening or collecting such assembly or directing or promoting such processio n shall apply for a licence. (3) On such application being made, he may issue a license specifying the names of the licensees and de fining, the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section: Provided that no fee shall be charged on the application for, or grant of, any such licence . 1. Ins. by Act 8 of 1895, s. 7. 2. See now the Code of Criminal Procedure, 1973 (2 of 1974), s. 459. 3. Subs. by Act 8 of 1895, s. 8, for section 27. 4. Subs. by the A.O. 1937, for at the disposal of Govt. 5. Subs. by the A.O. 1950 , for Provincial. 6. These words shall be deemed to have been rep. so long as the Police (Resignation of Office) Ordinance, 1942 (11 of 1942), remains in force: see s. 2 and the Schedule of that Ordinance. 7. Ins. by Act 8 of 1895, s. 9. 8. Subs. by s. 10, ibid., for section 30. 14 (4) Music in the streets. He may also regulate the extent to which music may be used in the streets on the occasion of festivals and ceremonies.] 1[30A. Powers with regard to assemblies and processions violating conditions of license. (1) Any Magistrate or District Superintendent of Police or Assistant District Superintendent of Police or Inspector of Police or any police -officer in cha rge of a station may stop any procession which violates the conditions of a licence granted under the last foregoing section, and may order it or any assembly which violates any such conditions as aforesaid to disperse. (2)Any procession or assembly which neglects or refuses to obey any order given under the last preceding sub -section shall be deemed to be an unlawful assembly.] 31. Police to keep order in public roads, etc. It shall be the duty of the police to keep order on the public roads, and in the pu blic streets, thoroughfares, ghats and landing -places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing -place may be thronged or may be liable to be obstructed. 32. Penalty for disobeying orders issued under last three sections, etc. Every person opposing or not obeying the orders issued under the last 2[three] preceding sections, or violating the conditions of any license granted by the District Superintendent or Assistant District Superintendent of Police for the use of music, or for the conduct of assemblies and processions, shall be liable, on conviction before a Magistrate, to a fine not exceeding two hundred rupees. 33. Saving of control of Magistrate of district Nothing in the last 3[four] preceding sections shall be deemed to interfere with the general control of the Magistrate of the district over the matters referred to therein. 34. Punishment for certain offences on roads, etc. Any person who, on any road or in any 4[open place or ] street or thoroughfa re within the limits of any town to w hich this section shall be speci ally extended by the 5[State G overnment ], commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the 6[residents or passengers] sh all, on conviction before a M agistrate, be li able to a fine not exceeding fifty rupees, or to imprisonment 7[with or without h ard labour] not exceeding eight days; Power of police -officers. and it sh all be lawful for any police -officer to take into custody,

Power of police -officers. and it sh all be lawful for any police -officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely: First. Slaughtering cattle, furious riding, etc. Any person who slaughters any cattle or cleans any carcass; any person who rides or drives a ny cattle recklessly or furiously, or trains or breaks any horse or other cattle: Second.Cruelty to animals. Any person who wantonly or cruelly beats, abuses or tortures any animal: 1. Ins. by Act 8 of 1895, s. 11. 2. Subs. by s. 12, ibid., for two . 3. Subs. by s. 12, ibid., for three. 4. Ins. by s. 13, ibid., 5. Subs. by the A.O. 1950 for Provincial Government which had been subs. by the A.O. 1937 , for L.G.. 6. Subs. by Act 8 of 1895, s. 13, for residents and passengers. 7. Ins. by Act 1 of 1903, s. 3 and the Second Schedule. 15 Third.Obstructing passengers. Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public: Fourth.Exposing goods for sale. Any person who exposes any goods for sale: Fifth .Throwing dirt into street. Any person who throws or lays down any dirt, filth, rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who causes any offensive mat ter to run from any house, factory, dungheap, or the like: Sixth.Being found drunk or riotous. Any person who is found drunk or riotous or who is incapable of taking care of himself: Seventh.Indecent exposure of person. Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose: Eighth.Neglect to protect dangerous places. Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure . STATE AMENDMENT Uttar Pradesh Amendment of section 34 -A of Act No. 5 of 1861 For section 34 -A of the Police Act, 1861, the following section shall be substituted, namely: 34-A. Compounding of offences under sections 3 2 and 34 .An offence punishable under section 32 or section 34 may, subject to any general or special order of the State Government in this behalf, be compounded by the District Superintendent of Police, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence, and when the offence is so compounded (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ; (ii) before the institution of the prosecution, the composition shall amount to acquittal of the offender. [Vide the Uttar Pradesh Act 35 of 19 79, s. 5] Abatement of certain trials . Notwithstanding anything contained in any other law for the time being in force, (1) the trial of an accused for (a) an offence punishable under (i) the Motor Vehicles Act, 1988; or (ii) the Public Gambling Act, 1867, not being an offence punishable under section 3 of that Act or an offence in respect of wagering punishable under section 13 of that Act; or (iii) section 34 of the Police Act, 1861; or (iv) section 160 of the Indian Penal Code, 1860; or (b) any other offence punishable with fine only, or 16 (2) a procedure, under section 107 or section 109 of the Code of Criminal Procedure, 1973, pending before a Magistrate on the date of commencement of this Act from before December 31, 2015 shall abate. [Vide the Utt ar Pradesh Act 35 of 1979, s. 9, and amended by Utt ar Pradesh Act 29 of 2016 and 9 of 2018 ] 35. Jurisdiction. 1*** Any charge against a police -officer above the rank of a constable under this Act shall be enquired into and determined only by an officer exercising the powers of a 2Magistrate. 36. Power to prosecute under other law not affected. Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Regulation or Act for any offence m ade punishable by this Act, or f rom being liable under an y other Regulation or Act or any other or higher penalty or punishment than is provided for such offence by this Act: Proviso. Provided that no person shall be punished twice fo r the same offence. 3[37. Recovery of penalties and fines imposed by Magistrates. The provisions of sections 64 to 70, b oth inclusive, of the Indian Penal Cod e (45 of 186 0), and of sections 386 to 389, both inclusive, of the 4Code of Criminal Procedu re, 1882 (10 of 1882), with respect to fines, shall apply to penalties and fines imposed under this Act .on conviction before Magistrate: Provided that, notwithstanding anything contained in section 65 of the first -mentioned Code, any person sentenced to fine under section 34 of this Act may be imprisoned in default of payment of such fine for any period not exceeding eight days.] 41. [Rewards to police an d informers payable to General Police Fund .] Rep. by the A. O. 1937. 542 Limitation of actions. All actions and prosecutions against any person, which may be lawfully brought for anything done or intended to be done under the provisions of this Act, or under the general police -powers hereby given shall be commenced within three months after the act complai ned of shall have been committed, and not otherwise; and notice in writing of such action end of the cause thereof shell be given to the defendant, or to the District Superintendent or an Assistant District Superintendent of the District in which the act was committed, one month at least before the commencement of the action. Tender of amends. No plaintiff shall r ecover in any such action if tender of s ufficient amend shall have been made before such action brought, or if a sufficient sum of money shall have been p aid into Court after such action brought, by or on behalf of the defendant, and, though a decree shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial is held shall certify his approbation of the action. 1. Certain words rep. by Act 10 of 1882, s. 2 and the Schedule I( b). 2. I.e., by a Magistrate of the first class. See s. 3 (1) of the Code of Criminal Procedure, 1973 (Act 2 of 1974). 3. Subs. by Act 8 of 1895, s. 14, for sections 37 , 38, 39 and 40. 4. See now sections 421 to 424 of the Code of Criminal Procedure , 1973 (Act 2 of 1974). 1. See, however, paragraph 4 of the India and Burma (Transitory Provisions) Order, 1937. S. 41 Read as follows: All sums paid for the service of process by police -officers, and all rewards, forfeitures and penalties or shares of rewards, forfeitures and penalties which by law are payable to informers shall, when the information is laid by a police -officer, be paid into the General Police Fund . 2. So much of s. 42 (the portion printed in italics) as rela tes to the limitation of suits rep. by Act 9 of 1871, s. 2 and the First Schedule. 5. I.e., by a Magistrate of the first class. See s. 3 (1) of the Code of Criminal Procedure, 1973 (Act 2 of 1974). 17 Proviso. Provided always that no action shall in any case lie where such officers shall have been prosecuted criminally for the same act. 43. Plea that act was done under warrant. When any action or prosecution shall be brought or any proceedings held against any police -officer for any act done by him in such c apacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate. Such plea shall be proved by the production of the warrant directing the act, and purporting to be signed by such M agistrate and the defend ant shall thereu pon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such M agistrate. No proof of the signature of such Magistrate shall be necessary, unless the Court sh all see reason to doubt its being genuine: Proviso. Provided alway s that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section. 44. Police -officers to keep diary. It shall be the duty of every officer in charge of a police - station to kee p a general diary in such form shall, from time to time, be prescribed by the 1[State Government ] and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences ch arged against them, the we apons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined. The Magistrate of the district shall be at liberty to call for and inspect such diary. 45. State Gover nment may prescribe form of returns. The 1[State Government ] may direct the submission of such returns by the Inspector -General and other police -officers as to such 1[State Government ] shall seem proper, and may prescribe the form in which such returns sha ll made. 2[46.Scope of Act. (1) This Act shall not by its own operation take effect in any 3presidency, 4[State ] or place . But the 5[State Government] by an order to be published in the Official Gazette may extend the whole or any p art of this Act to any presidency, 4[State ] or place, and the whole or such portion of this Act as sh all be specified in such order shall thereupon take effect in such presidency, 4[State ] or place. 1. Subs. by the A.O. 1950 , for Provincial Government which had been subs. by the A.O. 1937 , for L.G.. 2. Subs. by Act 8 of 1895, s. 15, for section 46. 3.In the States of Madras and Bombay there are special Police Acts, see the Madras District Police Act, 1859 (24 of 1859) and the Bombay District Police Act, 1867 (Born. 7 of 1867). In the Lower Provinces of Bengal, Bengal Act 7 of 1869 is to be read and ta ken as part of Act 5 of 1861, see s. 6 of the former Act. This Act has been extended under the power conferred by the original section to (1) the U. P. including Ajmer -Merwara then under that Government, see Notification No. 964in theNorth -Western Provinc es Gazette, 1861, p. 634: [The orders as to enforcement of the Act in 27 districts in the U. P., in Hamirpur, Jalaun, Jhansi, Lalitpur, Naini Tal (including the TaraiParganas) and Almora and Garhwal, issued under the original s. 46, paragraph 2 (after the Act had been extended under paragraph 1 of that section to the whole province) arekept in force by s. 16 of Act 8 of 1895.] (2) Oudh, see Notification No. 34 in the North -Western Provinces Gazette, 1861, p. 1758 ; (3) the tract of land between Allahabad and Jubbulpore ceded in full sovereignty by certain Native States ; (4) the C. P., Districts of Nagpur, Raipur, Bhandara, Chanda and Chhindwara, Sironcha, Nimsar; (5) Bengal and Assam; (6) several districts in the Punjab, see Notification No. 971, dated 15 th May, 1861, Calcutta Gazette, 18th May1861, p. 1302. Under the power conferred by the section as it stood before the 1st April 1937, it ha s been extended as follows to (1) Madras: ss. 15, 15A, 16, 30, 30A, 31 and 32 of the Act have been extended to the whole of the Madras Presidency, see Notification No. 728, dated 31st October 1895, Gazette of India, 1895, Pt. I., p. 876. (2) Eastern Dooars in the Goalpara District, see Notification No. 230, Gazette of India, 1897, Pt. 1, p. 198. (3) the North and South Lushai Hills and the tract known as Rutton Puiya's villages including Demagri (now known as the Lushai Hills) see Gazette of India, 1898, Pt. 1, p. 370. 3. Subs. by the A.O. 1950 , for Province. 4. Subs. by the A.O. 1950 , for Provincial Government which had been subs. by the A.O. 1937, for G.G. in C.. 18 (2)When the whole or any part of this Act shall have been extended, the 1

. in C.. 18 (2)When the whole or any part of this Act shall have been extended, the 1[State Government ] may, from time to time, by notification in the Official Gazette, make rules consistent with this Act (a) to regulate the procedure to be followed by Magistrates and police -officers in the discharge of any duty imposed upon them by or under this Act; (b) to prescribe the time, manner and conditions within and under which claims for compensation under section 15A are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local enquiries if necessary) which are to be taken consequent thereon; and (c) generally, for giving effect to the provisions of this Act. (3)All rules made under this Act may from time to time be amended, added to or cancelled by the 1[State Government ].] 47. Authority of District Superintendent of Police over village police. It shall be lawful for the 1[State Government ] in carrying this Act i nto effect in any part of the territories subject to such 1[State Government ], to declare that any authority which now is or may be exercised by the Magistrate of the district over any village -watchm an to or other village police -officer for the purposes of police, sh all be exercised, subject to the general control of the Magistrate of the district, by the District Supe rintendent of Police. F O R M (See section 8) A. B. has been appointed a member of the police -force under Act 5 of 1861, and is vested with the powers, functions and privileges of a police -officer. _________ 1. Subs. by the A.O. 1950, for Provincial Government which had been subs. by the A.O. 1937, for L.G..

THE BANKERS BOOK S EVIDENCE ACT, 1891 ACT NO. 18 OF 1891 [1st October , 1890 .] An Act to amend the Law of Evidence with respect to Bankers Books. WHEREAS it is expedient to amend the Law of Evidence with respect to Bankers books; It is hereby enacted as follows: 1. Title and extent .(1) This Act may be called the Bankers Books Evidence Act, 1891. (2) It 1extends to the whole of India 2[except the State of Jammu and Kashmir ]; 3*** 4* * * * * 2. Definitions .In this Act, unless there is something repug nant in the subject or context, 5[(1) company means any company as defined in section 3 of the Companies Act, 1956 (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act; (1A) corporation means any body corporate established by an y law for the time being in for ce in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act , 1959 (3 8 of 1959); ] (2) bank and banker mean 6[(a) any company or corporation carrying on the business of banking ;] (b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided; 7[(c) any post office savings bank or money order office ;] 8[(3) "bankers' books" include ledgers, day -books, cash -books, account books and all other records used in the ordinary business of the bank, whether these records are kept in written form or stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism, either onsite or at any offsite location including a back -up or disaster recovery site of both;] 9[(4) legal proceeding means, (i) any proceeding or inquiry in which evidence is or may be given ; (ii) an arbitration ; and (iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person (not being a magistrate) authori sed in this behalf by a magistrate or by any law for the time being in force; ] 1. The Act has been e xtended in its application to the whole of the Union territory of Lakshadweep (with effect from 1 -10-1967) vide Reg. 8 of 1965, s. 3 and the Schedule and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule. This Act shall apply i n relation to the Development Banks as if that were a bank as defined in section 2 of this Act, vide Act 18 of 1964, s. 33. 2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for except Part B State. 3. The word and rep . by Act 10 of 1914 , s. 3 and the Second Schedule . 4. Sub -section ( 3) rep. by s. 3 and the Second Schedule , ibid. 5. Subs. by Act 56 of 1962, s. 4, for clause ( 1). 6. Subs. by s. 4, ibid., for sub -clause ( a) 7. Added by Act 1 of 1893, s. 2. 8. Subs. by Act 55 of 20 02, s. 11, for sub -section ( 3) (w.e.f. 6 -2-2003). 9. Subs. by Act 1 of 1984, s. 2, for clause ( 4) (w.e.f. 15 -2-1984). 3 (5) the Court means the person or persons before whom a legal proceeding is held or taken ; (6) Judge means a Judge of a High Court Division ; (7) trial means any hearing before the Court at which evidence is taken ; and 1[(8) certified copy" means when the books of a bank, (a) are maintained in written form, a c opy of any entry in such books together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of busines s and that such books is still in the custody of the bank, and where the copy was obtained by mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was pr epared has been destroyed in the usual course of the bank's business after the date on which the copy has been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title; and (b) consists of printouts of data stored in a floppy, disc, tape or any other electro -magnetic data storage device, a printout of such entry or a copy of such printout together with such statements certified in a ccordance with the provisions of section 2A. ] 2[(c) a printout of any entry in the books of a bank stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism obtained by a mechanical or other process which in itself ensures the accuracy of such printout as a copy of such entry and such printout contains the certificate in accordance with the provisions of section 2 A.] 3[2-A. Conditions in the printout .A printout of entry or a copy of printout referred to i n sub-section ( 8) of section 2 shall be accompanied by the following, namely: (a) a certificate to the effect that it is a printout of such entry or a copy of such printout by the principal accountant or branch manager ; and (b) a certificate by a person in -charge of computer system containing a brief descriptions of the computer system and the particulars of (A) the safeguards adopted by the system to ensure that data is entered or any other operation performed only by autho rised persons; (B) the safeguards adopted to prevent and detec t unauthorised change of data; (C) the safeguards available to retrieve data that is lost due to systemic failure or any other reasons; (D) the manner in which data is transferred from the system to removable media like floppies, discs, tapes or other electro -magnetic data storage devices; (E) the mode of verification in order to ensure that data has been accurately transferred to such rem ovable media; (F) the mode of identification of such data storage devices; (G) the arrangements for the storage and custody of such storage devices; 1. Subs. by Act 21 of 200 0, s. 93 and the third Schedule, fo r sub -section (8) (w.e.f. 17 -10-2000 ). 2. Ins. by Act 55 of 2002, s. 11 (w.e.f. 6 -2-2003). 3. Ins. by Act 21 of 2000 , s. 93 and the third Sch edule (w.e.f. 17 -10-2000 ). 4 (H) the safeguards to prevent and detect any tampering with the system; and any other factor which will vou ch for the integrity and accuracy of the system. (c) a further certificate from the person in -charge of the computer system to the effect that to the best of his knowledge and behalf, such computer system operated properly at the material time, he was prov ided with all the relevant data and the printout in question represents correctly, or is appropriately derived from, the relevant data.] 3. Power to extend provisions of Act. The State Government may, from time to time, by notification in the Official Gazette, extend the provisions of this Act to the books of any partnership or individual carrying on the business of bankers within the territories under its administration, and keeping a set of not less tha n three ordinary account -books, namely, a cashbook, a day -book or journal, and a ledger, and may in like manner rescind any su ch notification. 4. Mode of proof of entries in bankers books .Subject to the provisions of this Act, a certified copy of any entry in a banker s book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise. 5. Case in which officer of bank not compellable to produce books .No officer of a bank shall in any legal proceeding to which the bank is not a party be compellable to produce any banker s book the contents of which can be proved under this Act, or to appear as a witness to prove the matters , transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause. 6. Inspection of books by order of Court or Judge .(1) On the application of any party to a legal proceeding the Court or a Judge may order that s uch party be at liberty to inspect and take copies of any entries in a banker s book for any of the purposes of such proceeding, or may order the bank to prepare and produce, within a time to be specified in the order, certified copies of all such entries, accompanied by a further certificate that no other entries are to be found in the books of the bank relevant to the matters in issue in such proceeding, and such further certificate shall be dated and subscribed in manner hereinbefore directed in referenc e to certified copies. (2) An order under this or the preceding section may be made either with or without summoning the bank, and shall be served on the bank three clear days (exclusive of bank holidays) before the same is to be obeyed, unless the Court o r Judge shall otherwise direct. (3) The bank may at any time before the time limited for obedience to any such order as aforesaid either offer to produce their books at the trial or give notice of their intention to show cause against such order, and thereupon the same not be enforced without further order. 7. Costs .(1) The costs of any application to the Court or a Judge under or for the purposes of this Act and the costs of anything done or to be done under an order of the Court or a Judge made unde r or for the purposes of this Act shall be in the discretion of the Court or Judge, who may further order such costs or any part thereof to be paid to any party by the bank if they have been incurred in consequence of any fault or improper delay on the par t of the bank. (2) Any order made under this section for the payment of costs to or by a bank may be enforced as if the bank were a party to the proceeding. (3) Any order under this section awarding costs may, on application to any Court of Civil Judicatur e designated in the order, be executed by such Court as if the order were a decree for money passed by itself: 5 Provided that nothing in this sub -section shall be construed to derogate from any power which the Court or Judge making the order may possess for the enforcement of its or his directions with respect to the payment of costs. 1[8. Order of court to be construed to be order made by specified officer. In the application of sections 5, 6 and 7 to any investigation or inquiry referred to in sub -clause ( iii) of clause ( 4) of section 2, the order of al Court or a Judge referred to in the said sections shall be construed as referring to an order made by an officer of a rank not lower than the rank of a Superintendent of Police as may be specified in this be half by the appropriate Government. Explanation .In the this section, appropriate Government means the Government by which the police officer or any other person conducting the investigation or inquiry is employed.] ___________ 1. Ins. by Act 1 of 1984, s. 2 (w.e.f. 15 -2-1984).

THE CODE OF CRIMINAL PROCEDURE, 1973 ACT N O. 2 OF 1974 [25th January, 1974. ] An Act to consolidat e and amend the law relating to Criminal Procedure. BE it enacted by Parliament in the twenty -fourth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement .(1) This Act may be called the Code of Criminal Procedure, 1973. (2) It extends to the whole of India 1***: Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply (a) to the State of Nagaland, (b) to the tribal areas, but the concerned St ate Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. Explanation .In this section, tribal areas means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, o ther than those within the local limits of the municipality of Shillong. (3) It shall come into force on the 1st day of April, 1974. STATE AMENDMENT Haryana In the Code of Criminal Procedure (Haryana Amendment) Act, 2014, -In section 1, after figures 2014 , the words as extended to the Union territory of Chandigarh shall be inserted; [Vide Notification No. GSR929(E) dated 16th December, 2019.] Manipur In the Code of Criminal Procedure (Manipur Amendment) Act, 1982 (Manipur Act No. 3 of 1983), hereinafter referred to as the principal Act, for the sub -section (3) of section 1, the following shall be substituted, namely, (3) It shall come into force, on its publication in the official Gazette, in such area of the State of Manipur and shall remain in for ce during such period as the notification issued under section 3 of the Armed Forces (Special Powers) Act, 1958 declaring that area to be a disturbed area shall be in operation, but its expiry under the operation of this sub -section shall not affect -- (a) the previous operation of, or anything duly done or suffered under, this act, or (b) any right, privilege, obligation or liability acquired, accured or incurred under this Act, or (c) any penalty, forfeiture or punishment incurred in respect of any o ffence under this Act, or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, 1. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019). 22 and any such investigation, legal proceeding or remedy may be in stituted, continued or enforced any such penalty, forfeiture or punishment may be imposed as if this Act had not expired.". [Vide Manipur Act 10 of 1983, s. 2] 2. Definitions .In this Code, unless the context otherwise requires, (a) bailable offence means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and non-bailable offence means any other offence; (b) charge includes any head of charge when the charge contains mo re heads than one; (c) cognizable offence means an offence for which, and cognizable case means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; (d) complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation .A report made by a police officer in a case which discloses, after investigation, the commission of a non -cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant; (e) High Cour t means, (i) in relation to any State, the High Court for that State; (ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India; (f) India means the territories to which this Code extends; (g) inquiry means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court; (h) investigation includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf; (i) judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath; (j) local jurisdiction , in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his power s under this Code 1[and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify]; (k) metropolitan area means the area declared, or deemed to be declared, under section 8, to be a metropolitan area; (l) non-cognizable offence means an offence for which, and non-cognizable case means a case in which, a police officer has no authority to arrest without warrant; (m) notification means a notification published in the Official G azette; (n) offence means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle - 1. Ins. by Act 45 of 1978, s. 2 (w.e.f. 18 -12-1978). 23 trespass Act, 1871 (1 of 1871); (o) officer in charge of a police station includes, when the officer in charge of the police station is absent from the station -house or unable from illness or other cause to perform his duties, the police officer present at the station -house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (p) place includes a house, building, tent, vehicle and vessel; (q) pleader , when used with reference to any proceeding in any Court, mean s a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding; (r) police report means a report forwarded by a police o fficer to a Magistrate under sub-section ( 2) of section 173; (s) police station means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by th e State Government in this behalf; (t) prescribed means prescribed by rules made under this Code; (u) Public Prosecutor means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor; (v) sub-division means a sub -division of a district; (w) summons -case means a case relating to an offence, and not being a warrant -case; 1[(wa) victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accus ed person has been charged and the expression victim includes his or her guardian or legal heir;] (x) warrant -case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years; (y) wo rds and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code. STATE AMENDMENT Haryana In section 2, for the words State of Haryana, the wor ds Union territory of Chandigarh shall be substituted. [Vide Notification No. GSR929(E) dated 16th December, 2019.] Manipur In section 2 of the principal Act, the clauses (a) and (b) shall be re -arranged as follows, namely, -- "(a) to such class or catego ry of the members of the Forces charged with the maintained of public order, or (b) to such class or category of other public servants (not being persons to whom the provisions of sub - section (1) apply) charged with the maintenance of public order, as may be specified in the notification, wherever they may be serving, and thereupon the provisions of that sub - section shall apply as if for the expression Central Government occurring therein, the expression 'Central Government' occurring therein, the expressi on 'State Government' were substituted.". [Vide Manipur Act 10 of 1983, s. 3] 3. Construction of references .(1) In this Code, (a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless the context otherwi se requires, 1. Ins. by Act 5 of 2009, s. 2 (w.e.f. 31 -12-2009). 24 (i) in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate; (ii) in relation to a metropolitan area, as a reference to a Metropolitan Magistrate; (b) any reference to a Magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in relation to a metropolitan area, as a reference to a Metropolitan Magistrate; (c) any reference to a Magistrate of the first class sh all, (i) in relation to a metropolitan area, be construed as a reference to a Metropolitan Magistrate exercising jurisdiction in that area; (ii) in relation to any other area, be construed as a reference to a Judicial Magistrate of the first class exercis ing jurisdiction in that area; (d) any reference to the Chief Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area. (2) In this Code, unless the context otherwise requires, any reference to the Court of a Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of the Metropolitan Magistrate for that area. (3) Unless the context otherwise requires, an y reference in any enactment passed before the commencement of this Code, (a) to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of the first class; (b) to a Magistrate of the second class or of the third class, shall be construed as a reference to a Judicial Magistrate of the second class; (c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as a reference, respectively, to a Metropolitan Magistrate or the Chief Metropolitan Magistra te; (d) to any area which is included in a Metropolitan area, as a reference to such metropolitan area, and any reference to a Magistrate of the first class or of the second class in relation to such area, shall be construed as a reference to the Metropoli tan Magistrate exercising jurisdiction in such area. (4) Where, under any law, other than this Code, the function exercisable by a Magistrate relate to matters, (a) which involve the appreciation or sifting of evidence or the formulation of any decision w hich exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Code, be exercisable by a Judicial Magistrate; or (b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate. STATE AMENDMENT Union territories of Andaman and Nicobar Islands , Dadra and Nagar Haveli and Lakshadweep Insertion of New section 3A. In the Code, as it applies to the Union territory of Andaman and Nicobar Islan ds, after section 3, the following section shall be inserted, namely: 3A. Special provision relating to Andaman and Nicobar Islands . (1) Reference in t his Code to (a) The Chief Judicial Magistrate shall be construed as references to the District Magi strate or, where the State Government so directs, also to the Additional District Magistrate; 25 (b) a Magistrate or Magistrate of the first class or of the second class or Judicial Magistrate of the first class or of the second class, shall be construed as references to such Executive Magistrate as the State Government may, be notification in the Official Gazette, specify. (2) The State Government may, if it is of opinion that adequate number of persons are available for appointment as Judicial Magistrate, by notification in the Official Gazette, declare that the provisions of this section shall, on and from such day as may be specified in the notification, cease to be in force and different dates may be specified for different islands. (3) On the cesser of operation of the provisions of this section , every inquiry or trial pending, immediately before such cesser, before the District Magistrate or Additional District Magistrate or any Executive Magistrate, as the case may be, shall stand transferred, and sh all be dealt with, from the stage which was reached before, such cesser, by such Judicial Magistrate as the State Government may specify in this behalf. . [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974 ), s. 3 ] 4. Trial of offences under the Indian Penal Code and other laws .(1) All offences under

), s. 3 ] 4. Trial of offences under the Indian Penal Code and other laws .(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the pr ovisions hereinafter contained. (2) All offences under a ny other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwi se dealing with such offences. STATE AMENDMENT Manipur In section 4 of the principal Act, the clauses (a) and (b) shall be re -arranged as follows, namely: -- "(a) to such class or category of the members of the Forces charged with the maintenance of publi c order, or (b) to such class or category of other public servants of the Forces persons to whom the provisions of sub -section (1) or sub -section (2) apply) charged with the maintenance or public order, as may be specified in the notification, wherever the y may be serving, and thereupon the provisions of sub -section (2) shall apply as if for the expression Central Government occurring therein, the expression, 'State Government' were substituted.". [Vide Manipur Act 10 of 1983, s. 4] Manipur In relation to trial of the offences specified in clause (a) of sub -section (1) of section 4 of this Act, any reference to a Magistrate in Chapters XIX and XX of the Code shall be construed as reference to a Specified Execution Magistrate and the expression Any Magistr ate in the Sixth Column of the First Schedule to the Code shall include Specified Executive Magistrate. [Vide Manipur Act 3 of 1985, s. 4(2) and The Schedule] 5. Saving .Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. STATE AMENDMENT Manipur In section 5 of the pri ncipal Act, -- (i) in between the figures and commas "396," and "399," , the figures and comma "397," shall be inserted; (ii) in between the words or and Session, the words the Court of shall be inserted. [Vide Manipur 10 of 1983, s. 5] 26 CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6. Classes of Criminal Courts .Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely: (i) Courts of Session; (ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates. 7. Territorial divisions .(1) Every State shall be a sessions di vision or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Code, be a district or consist of districts: Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district. (2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts. (3) The State Government may, after consultation with the High Court, divide any district into sub - divisions an d may alter the limits or the number of such sub -divisions. (4) The sessions divisions, districts and sub -divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section. 8. Metropolitan areas .(1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code . (2) As from the commencement of this Code, each of the Presidency -towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub -section ( 1) to be a metropolitan area. (3) The State Government may, by notification , extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million. (4) Where, after an area has been declared , or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place. (5) Where the State Government reduces or alters, under sub-section ( 3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place. Explanation .In this section, the expression population means the population as ascertained at the last preceding census of which the re levant figures have been published. STATE AMENDMENT Delhi In its application to the National Capital Territory of Delhi, in section 8, (a) in sub -section ( 1), for the words a cit y or town, substitute a city or town or part thereof; (b) for sub -section (3), substitute the following sub -section, namely: 27 (3) The State Government may, by notification divide a metropolitan area into two or more such areas or extend or reduce or alter the limits of a metropolitan area: Provided that (a) the division of me tropolitan area shall not be so made as to result in the population of any of the areas into which it has been divided being less than one million; and (b) the reduction or alteration of metropolitan area shall not be so made as to reduce the population of such area to less than one million. ; (c) after sub -section ( 4), insert the following sub -section , namely: (4-A) Where any metropolitan area is divided under sub -section ( 3), the High Court may issue such directions as it deems fit with respect to the disposal of the proceedings pending s immediately before such division before any Magistrate or court having jurisdi ction in respect of such area. [Vide Delhi Act 9 of 2011, s. 2] 9. Court of Session .(1) The State Government shall establish a Court of Se ssion for every sessions division. (2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. (3) The High Court may also appoint Additional Sessions Judges and Assistant Session Judges to exercise jurisdiction in a Co urt of Session. (4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other divis ion as the High Court may direct. (5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or As sistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application. (6) The Court of Sess ion shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. Explanation .For the purposes of this Code, appointment does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or pro motion is required to be made by Government. 28 STATE AMENDMENT West Bengal . To sub-section ( 3) of section 9 of the principal Act, the following provisos shall be added: Provided that notwithstanding anything to the contrary contained in this Code, an Addi tional Sessions Judge in a sub -division, other than the sub -division, by whatever name called, wherein the headquarters of the Sessions Judges are situated, exercising jurisdiction in a Court of Session, shall have all the powers of the Sessions Judge unde r this Code, in respect of the cases and proceedings in the Criminal Courts in that sub-division, for the purposes of sub -section ( 7) of session 116 , sections 193 and 194, clause ( a) of section 209 and sections 409, 439 and 449: Provided further that the a bove powers shall not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code. . [Vide West Bengal Act, 24 of 1988, s. 3. ] Orissa Amendment of section 9 .-In Section 9 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the principal Act), to sub -section (3), the following provisions shall be added, namely: Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a district or subdivision, other than the district or subdivision, by whatever name called, wherein the headquarters of the Sessions Judge are situated, exercising jurisdiction in a Court of Sessions shall have all the powers of the Sessions Jud ge under this Code, in respect of the cases and the proceedings in the Criminal Courts in that district or subdivision for the purposes of sub -section (7) of section 116, sections 193 and 194, clause (a) of section 209 and sections 409 and 449: Provided further that the above powers shall be not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code. [Vide Orissa Act 6 of 2004, s. 2] Uttar Pradesh Amendment of section 9 of Act 2 of 1974. In section 9 of the Code of Criminal Procedure, 1973, hereinafter referred to as the said Code, in sub -section (6), the following proviso shall be inserted, namely: Provided that the Court of Session may hold, or the High Court may direct the Court of s ession to hold, its sitting in any particular case at any place in the session division, where it appears expedient to do so for consideration of internal security or public order, and in such cases, the consent of the prosecution and the accused shall not be necessary. [Vide Uttar Pradesh Act 16 of 1976, s. 2] Uttar Pradesh In section 9 of the Code of Criminal Procedure, 1973 hereinafter referred to the said Code, after sub - section (5), the following sub -section shall be inserted, namely ; (5-A) In th e event of the death, resignation, removal or transfer of the Sessions Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his court is held, the senior -most among the Ad ditional Sessions Judges, and the Assistant sessions Judges present at the place, and in their absence the Chief Judicial Magistrate shall without relinquishing his ordinary duties, assume charge of the office of the Sessions Judge and continue in charge t hereof until the officer is resumed by the Sessions Judge or assumed by an officer appointed thereto, and shall subject 29 to the provision of this Code and any rules made by the High Court in this behalf, exercise any of the powers of the Sessions Judge. [Vide Uttar Pradesh Act 1 of 1984, s. 2] 10. Subordination of Assistant Sessions Judges. (1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. (2) The Sessions Judge may, from time to time, m ake rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges. (3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application. 11. Courts of Ju dicial Magistrates. (1) In every district (not being a metropolitan area) there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify: 1[Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicia l Magistrate has been established.] (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first cla ss or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court. STATE AMENDMENT Union territories of Andaman and Nicobar Islands , Dadra and Nagar Haveli and Lakshadweep In the Code, as it applies to th e Union Territories to which this regulation extends, in sub-section (3) of section 11, for the words any member of the judicial service of the state functioning as a judge in a civil court , the words any person discharging the functions of a civil cour

the judicial service of the state functioning as a judge in a civil court , the words any person discharging the functions of a civil cour t, shall be substituted. [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 4] Uttar Pradesh Amendment of section 11. In section 11 of the said Code, after sub -section (1) the following sub - section shall be inserted and be deemed always to have been inserted, namely : (1-A) The State Government may like -wise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases; or in regard to cases, generally, in any local area. [Vide Uttar Pradesh Act 16 of 1976, s. 3] Bihar Amendment of Section 11. After sub -section ( 3) of Section 11 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the said Code) the following sub -section shall be inserted and shall be deemed always to have been inserted, namely : 1. Added by Act 45 of 1978, s. 3 (w.e.f. 1 8-12-1978). 30 (4) The State Government may likewise establish for any local area one or more courts of Judicial Magistrate of the First Class or Second Class to try any particular cases or particular class or categories of cases. [Vide Bihar Act 8 of 1977, s. 2] 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. (1) In every district (not being a metropolitan area), the H igh Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. (2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have al l or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in forc e as the High Court may direct. (3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub -division as the Sub -divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. (b) Subject to the general control of the Chief Judicial Magistrate, every Sub -divisional Judicial Magistrate shall also have and e xercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub -division as the High Court may, by general or special order, specify in this behalf. STATE AMENDMENT Uttar Pradesh In section 12 of the said Code, after sub-section (3), the following sub -section shall be inserted, namely ; (4) Where the Office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the perform ance of his duties, the senior -most among the Additional Chief Judicial Magistrate and other Judicial Magistrate present at the place, and in their absence the District Magistrates present at the place, and in their absence the District Magistrate and in h is absence the senior -most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate. [Vide Uttar Pradesh Act 1 of 1984, s. 3] 13. Special Judicial Magistrates. (1) The High Court may, if requested by the Central or State Gove rnment so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 1[of the first class or of the second class, in respect to particu lar cases or to particular classes of cases, in any local area, not being a metropolitan area:] Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court m ay, by rules, specify. (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. 2[(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.] 1. Subs. Act 45 of 1978, s. 4, for certain words (w.e.f. 18 -12-1978). 2. Ins. by s. 4, ibid. (w.e.f. 18 -12-1978). 31 STATE AMENDMENT Assam For section 13 of the Code, the following shall be substituted, namely: 13. (1) The State Government may appoint as may persons as it thinks fit to be sub divisional Magistrates in any district in the State of Assam. (2) The State Government, or subject to the control of the State Government, the District Magistrate may place one or more Sub divisional Magistrates in charge of a subdivision . [Vide Assam Act 13 of 1964, s. 2 .] Himachal Pradesh Amendment of Section 13. in Sub -section ( 1) of section 13 of the Code of Criminal Procedure, 1973 (2 of 1974) in its application to the State of Himachal Pradesh for the words in any district the words in any local area shall be substituted. [Vide Himachal Pradesh Act 40 of 1976, s. 2.] Andhra Pradesh and Telangana Amendment of section 13, Act (2 of 1974) .-In the Code of Criminal Procedure, 1973 (hereinafter referred to as the Principal Act) in section 13, in sub -section (2) for the words not exceeding one year at a time the words not exceeding two years at a time shall be substituted and to the said sub -section the following proviso, sha ll be added, namely: - Provided that any person who is holding the office of Special Judicial Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and has not completed sixty five years of age shall continue to hold office for a term of two years from the date of his appointment. [Vide Andhra Pradesh Act 2 of 1992, s. 2] Uttar Pradesh Amendment of section 13 .In section 13 of said Code, for the words second -class the words first or second -class shall be substituted and for the words in any district, the words in any local area shall be substituted. [Vide Uttara Pradesh Act 16 of 1976, s. 4] Bihar Amendment of Section 13 . In Section 13 of the said Code for the word in any district the words in any local area shall be substituted and shall be deemed to have been always substituted. [Vide Bihar Act 8 of 1977, s. 3] 14. Local jurisdiction of Judicial Magistrates. (1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from ti me to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code: 1[Provided that the Court of Sp ecial Judicial Magistrate may hold its sitting at any place within the local area for which it is established.] (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. 2[(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he 1. Added by Act 45 of 1978 , s. 5, (w.e.f. 18 -12-1978). 2. Ins. by s. 5, ibid., (w.e.f. 18-12-1978). 32 ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Co urt of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.] STATE AMENDMENT Maharashtra Insertion of section 14A in Act 2 of 1974 .after s ection 14 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra (hereinafter referred to as the said Code), the following section shall be inserted, namely: - 14A. Investing Judicial Magistrates with jurisdict ion in specified cases or local area .The High Court may invest any Judicial Magistrate with all or any of the powers conferred or conferrable by or under this Code upon a Judicial Magistrate in respect to particular cases or to a particular class or class es of cases or in regard to cases generally in any local area consisting of all or any of the districts specified by it in this behalf. [Vide Maharashtra Act 23 of 1976, s. 2] 15. Subordination of Judicial Magistrates. (1) Every Chief Judicial Magistrate s hall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate. (2) The Chief Judicial Magistrate may, from time to time, make rule s or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him. STATE AMENDMENT Bihar Amendment of Section 15 .After sub -section (2) of Section 15 of the said Code the following sub-section shall be substituted and shall be deemed always to have been substituted, namely: (3) Any Judicial Magistrate exercising powers over any local area extending beyond the district in which he holds his court shall be subordinate to the Ch ief Judicial Magistrate of the said district and reference in the Code to the Sessions Judge shall be deemed to be reference to the Sessions Judge of that district where he holds his court. [Vide Bihar Act 8 of 19 77, s. 4] 16. Courts of Metropolitan Magis trates. (1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area. STATE AMENDMENT Uttar Pradesh In section 16 of the said Code, after sub-section (3), the foll owing sub -section shall be inserted, namely : (4) Where the Office of the Chief Metropolitan Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior -most among the Additional Chief Metrop olitan Magistrate and other Metropolitan Magistrate present at the place, shall dispose of the urgent work of the Chief Metropolitan Magistrate. [Vide Uttar Pradesh Act 1 of 1984, s. 4] 33 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan M agistrate. (1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. (2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate , and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct . 18. S pecial Metropolitan Magistrates. (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under thi s Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases 1*** , in any metropolitan area within its local jurisdiction: Provided that no such power shall be conferred on a person unless he possesses such qualifi cation or experience in relation to legal affairs as the High Court may, by rules, specify. (2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. 2[(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.] STATE AMENDMENT Andhra Pradesh and Telangana Amendment of section 18 .- In section 18 of the Principal Act, in sub -section ( 2) for the words not exceeding one year at a time, the words not exceeding two year at a time, the words not exce eding two years at a time shall be substituted and to the said sub -section the following proviso shall be added, namely: - Provided that a person who is holding the office of Special Metropolitan Magistrate at the commencement of the Code of Criminal Proc edure (Andhra Pradesh Amendment) Act, 1992, and has not completed sixty five years of age shall continue t o hold office for a term of two years from the date of his appointment. [Vide the Andhra Pradesh Act 2 of 1992, s. 3] Maharashtra Amendment of secti on 18 .In section 18 of the said Code, in sub -section (1), for the words in any metropolitan area the words in one or more metropolitan areas shall be substituted. [Vide Maharashtra Act 23 of 1976, s. 3] 19. Subordination of

Vide Maharashtra Act 23 of 1976, s. 3] 19. Subordination of Metropolitan Magistrates. (1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate. (2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate. (3) The Chief Metropolitan Magistrat e may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate. 20. Executive Magistrates. (1) In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. 1. The words or to cases generally omitted by Act 45 of 1978 , s. 6 (w.e.f. 18 -12-1978). 2. Subs. by s. 6 , ibid., for sub -section ( 3) (w.e.f. 18 -12-1978) . 34 (2) The State Government may appo int any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have 1[such] of the powers of a District Magistrate under this Code or under any other law for the time being in force 2[as may be directed by the State Governm ent]. (3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the p owers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate. (4) The State Government may place an Executive Magistrate in charge of a sub -division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub -division shall be called the Sub -divisional Magistrate. 3[(4A) The State G overnment may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers u nder sub -section ( 4) to the District Magistrate.] (5) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate in relation to a metropolitan area. STATE AMENDMENT Uttar Pradesh In section 20 of the said Code, after sub-section (5), the following sub -section shall be inserted, namely : (6) the State Government may delegate its powers under sub -section (4) to the D istrict Magistrate. [Vide Uttar Pradesh Act 1 of 1984, s. 5] 21. Special Executive Magistrates. The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit. STATE AMENDMENT Uttar Pradesh Amendment of section 2 1. In section 21 of the said Code, in sub -section (2) the following proviso shall be inserted and deemed always to have been inserted, namely : Provided that nothing in this sub -section shall be construed to prohibit the State Government from exercising its con trol over Assistant Public Prosecutor through police officers. [Vide the Uttar Pradesh Act 16 of 1976, s. 5] 22. Local Jurisdiction of Executive Magistrates. (1) Subject to the control of the State Government, the District Magistrate may, from time to tim e, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. 23. Subordination of Executive Magistrates. (1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate , and every Executive 1. Subs. by Act 45 of 1978 , s. 7, for all or any (w.e.f. 18 -12-1978) . 2. Ins. by s. 7, ibid., (w.e.f. 18 -12-1978). 3. Ins. by Act 25 of 2005, s. 2 (w.e.f. 23 -6-2006). 35 Magistrate (other than the Sub -divisional Magistrate) exercising powers in a sub -division shall also be subordinate to the Sub -divisional Magistrate, subject, however, to the general control of the District Magistrate . (2) The District Magistrate may, from time to ti me, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate. 1[24. Public Prosecutors. (1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be. (2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district or local area. (3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district: Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one dist rict may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district. (4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district. (5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appe ars in the panel of names prepared by the District Magistrate under sub -section ( 4). (6) Notwithstanding anything contained in sub -section ( 5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Publ ic Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre: Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoin t a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section ( 4). 2[Explanation .For the purposes of this sub -section, (a) regular Cadre of Prosecuting Officers means a Cadre of Prosecuting Officers which includes therein the post of a Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post; (b) Prosecuting Offic er means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code.] (7) A person shall be eligible to be appointed as a Public Prosec utor or an Additional Public Prosecutor under sub -section (1) or sub -section (2) or sub -section (3) or sub -section (6), only if he has been in practice as an advocate for not less than seven years. (8) The Central Government or the State Government may app oint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor : 3[Provided that the Court may permit the victim to engage an advocate of his choice to assist the 1. Subs. by Act 45 of 1978, s. 8, for s ection 24 (w.e.f. 18 -12-1978). 2. Ins. by Act 25 of 2005, s. 3 (w.e.f. 23 -6-2006). 3. Ins. by Act 5 of 2009, s. 3 (w.e.f. 31 -12-2009 ). 36 prosecution under this sub -section.] (9) For the purposes of sub -section (7) and sub -section (8), the period during which a person has been in practice as a pleader, or has rendered (whether before or after the commencement of this Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.] STATE AMENDMENT Karnataka Amendment of section 24.- In section 24 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) (hereinafter referred to as the principal Act) in sub -section ( 1), (i) the words and punctuation mark or the State Government shall , shall b e omitted; and (ii) for the words appoint a Public Prosecutor the words or the State Government shall appoint a Public Prosecutor shall be substituted. [Vide Karnataka Act 20 of 1982, s. 2.] Maharashtra Amendment of section 24. ---In Section 24 of the Code of Criminal Procedure, 1973, (2 of 1974) in its application to the State of Maharashtra: (a) in sub -section ( 6), the proviso shall be deleted; (b) after sub -section ( 6), the following sub -section shall be inserted, namely: (6-A) Notwithstanding any thing contained in sub -section ( 6), the State Government may, subject to the provisions of sub -sections ( 4) and ( 5), appoint a person who has been in practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prose cutor for the district. . [Vide Maharashtra Act 33 of 2014 , s. 2] Maharashtra Amendment of Section 24 of Act II of 1974 .In section 24 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra, (a) in sub -section (1), the words , after consultation with the High Court, shall be deleted; (b) in sub-section (4), for the words in consultation with the Sessions Judge, the words with the approval of the State Government, shall be substituted. [Vide Maharashtra Ac t 34 of 1981, s. 2] Madhya Pradesh Amendment of Section 24. In Section 24 of the principal Act. (i) in sub -section ( 6), for the words, brackets and figure Notwithstanding anything contained in sub-section (5), the words, brackets, letter and figures Notwithstanding anything contained in sub-section ( 5), but subject to the provisions of sub -section (6 -A) shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978; (ii) after su b-section ( 6), the following sub -section shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978, namely: (6-A) Notwithstanding anything contained in sub -section ( 6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public 37 Prosecutor or Additional Public Prosecutor for the district from among the person constituting the Cadre of Prosecuting Officers in the State of Madhya Pradesh and the provisions of sub -sections ( 4) and ( 5) shall apply to the appointment of a Public Prosecutor Additional Public Prosecutor under this sub-section ; (iii) in sub -section ( 7), after the words, bracket and figure sub-section ( 6), the words, brackets, figure and letter or sub -section (6 -A) shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978; and (iv) in sub -section ( 9), for the words, brackets and figure, sub-section ( 7), the words, brackets, figures and letter sub-section (6 -A) and sub -section ( 7) shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978. [Vide Madhya Pradesh Act 21 of 1995, s. 3.] West Bengal In Sub -section (6) of section 24 of the principal Act, for the words shall appoint a Public Prosecutor or an Additional Public Prosecutor only, the words may also appoint a Public Prosecutor or an Addition al Public Prosecutor shall be substituted. [Vide West Bengal Act 26 of 1990, s. 3.] West Bengal In sub -section (6) of section 24 of the principal Act, the proviso shall be omitted. [Vide West Bengal Act 25 of 1992, s. 3.] Jammu and Kashmir and Ladakh (U Ts). Section 24. After sub -section (6), insert the following sub -section, namely: (6A). Notwithstanding anything contained in sub -section (1) and sub -section (6), the Government of the Union territory of Jammu and Kashmir may appoint a person who has b een in practice as an Advocate for not less than seven years as Public Prosecutor or Additional Public Prosecutor for High Court and for the District Courts and it shall not be necessary to appoint Public Prosecutor or Additional Public Prosecutor for the High Court in consultation with High Court and Public Prosecutor or Additional

Prosecutor or Additional Public Prosecutor for the High Court in consultation with High Court and Public Prosecutor or Additional Public Prosecutor for the District Court from amongst the person constituting the cadre of Prosecution for the State of Jammu and Kashmir. [vide the Jammu and Kashmir Reorganiz ation (Adaptation of Central Laws ) Order , 2020, vide notification No. S.O . 1123(E) dated (18 -3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws ) Order , 2020, notification No . S.O.3774(E), dated (23-10-2020).] Jammu and K ashmir and Ladakh (UTs). Section 24 .-In sub -section (7), for sub -section (6), substitute sub -section (6) or sub -section (6A) [Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Ce ntral Laws) Third Order, 2020 (w.e.f. 26 -10-2020).] Uttar Pradesh. In section 24 of the Code of Criminal Procedure, 1973 (a) in sub -section (1), after words Public Prosecutor the words and one or more Additional Public Prosecutors shall be inserted and be deemed always to have been inserted : 38 (b) after sub -section (6), the following sub -section shall be inserted and be deemed always to have been inserted, namely : (7) For the purposes of sub -section (5) and (6), the period during which a person has been in practice as a pleader, or has rendered service as a Public Prosecutor, Additional Public Prosecutor or Assistant Public Prosecutor shall be deemed to be the period during which such person has been in practice as an advocate. [Vide Uttar Pradesh Act 33 of 1978, s. 2] Uttar Pradesh In section 24 of the Code of Criminal Procedure, 1973, hereinafter referred to as said Code : (a) in sub -section (1), the words after consultation with the High Court, shall be omitted; (b) sub -section (4), (5) and ( 6) shall be omitted. (c) in sub -section (7), the words or sub -section (6) shall be omitted. [Vide Uttar Pradesh Act 18 of 1991, s. 2] Bihar 2. Amendment of Section 24 of the Code of Criminal Procedure, 1973 (Act II of 1974) in its application to the Stat e of Bihar. For sub -section (6) of Section 24 of the Code of Criminal Procedure, 1973 (Act II of 1974) the following sub -section shall be substituted and shall always be deemed to have been substituted namely: (6) Notwithstanding anything contained in s ub-section (5) wherein a State there exists a regular cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such cadre. [Vide Bihar Act 16 of 1984, s . 2] 25. Assistant Public prosecutors. (1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. 1[(1A) The Central Government may appoint one or more Assist ant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.] (2) Save as otherwise provided in sub -section ( 3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor. (3) Whe re no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case: Provided that a police officer shall not be so appoin ted (a) if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or (b) if he is below the rank of Inspector. 1. Ins. by Act 45 of 1978, s. 9 (w.e.f. 18 -12-1978). 39 STATE AMENDMENT Orissa Amendment of section 25 .In section 25 of the Code of Crimin al Procedure, 1973 (2 of 1974) (hereinafter referred to as the said Code), to sub -section (2), the following proviso shall be inserted, namely: Provided that nothing in this sub -section shall be construed, to prohibit the State Government from exercisin g its control over Assistant Public Prosecutors through police officers. [Vide Orissa Act 6 of 1995, s. 2] 1[25A. Directorate of Prosecution .(1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit. (2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court. (3) The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Departmen t in the State. (4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution. (5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub -section ( 1), or as the case may be, sub -section ( 8), of section 24 to conduct cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Go vernment under sub -section ( 3), or as the case may be, sub -section ( 8), of section 24 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub -section ( 1) of section 25 shall be subordinate to the Deputy Director of Pro secution. (7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may, by notification , specify. (8) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.] STATE AMENDMENT Karnataka In section 25A of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), (a) for sub -section ( 2), the following shall be substitute d, namely: (2) The post of Director of prosecution and Government litigations, or a Deputy Director of Prosecution and other cadres shall be filled in accordance with the Cadre and Recr uitment Rules framed under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990). (b) for sub -section ( 5), the following shall be substitute d, namely: (5) Every Public Prosecutor, Additional Public Prosecutor appointed by the State Gove rnment from the cadre of Prosecutors recruited 1. Ins. by Act 25 of 2005, s. 4 (w.e.f. 23 -6-2006). 40 under the recruitment rules framed by the Government under the Karnataka State Civil Services Act, 1978 shall be subordinate to the Director of Prosecution and Government litigations and every Public Prosecut or, Additional Prosecutor and Special Prosecutor appointed under sub -section ( 8) of section 24 shall be subordinate to the Advocate General. (c) in sub -section (6), for the words Deputy Director of Prosecution, the words Director of Prosecution shall be substituted . [Vide Karnataka Act 39 of 2012 , s. 2] Madhya Pradesh Substitution of Section 25A .For section 25A of the principal Act, the following section shall be substituted, namely: 25A. Directorate of Prosecution .(1) The State Government may es tablish a Directorate of Prosecution consisting of a Director of Prosecution and as many Additional Directors of Prosecution, Joint Directors of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and such other posts as it thinks fit. (2) The post of Director of Prosecution, Additional Directors of Prosecution, Joint Directors of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and other post shall be filled in accordance with the Madhya Pr adesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991, as amended from time to time. (3) The head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the head of the H ome Department in the State. (4) Every Additional Director of Prosecution, Joint Director of Prosecution, Deputy Director of Prosecution and Assistant Director of Prosecution and other posts specified in sub -section ( 2) shall be subordinate to the Director of Prosecution. (5) Every Public Prosecutor and Additional Public Prosecutor appointed under the Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991, shall be subordinate to the Director of Prosecution and every Public Prosecutor and Additional Public Prosecutor appointed under sub-section ( 1) of Section 24 and every Special Public Prosecutor appointed under sub -section ( 8) of Section 24 to conduct cases in the High Court shall be subordinate to the Advocate Genera l. (6) Every Public Prosecutor and Additional Public Prosecutor appointed under sub -section (3) of Section 24 and every Special Public Prosecutor appointed under sub -section ( 8) of Section 24 to conduct cases in District Courts shall be subordinate to the District Magistrate. (7) The powers and functions of the Director of Prosecution shall be such as the State Government may, by notification, specify. . [Vide Madhya Pradesh Act 18 of 2014, s. 3] Jammu and Kashmir and Ladakh (UTs). Section 25A .-(i) for sub -sections (1) and (2), substitute (1) The Government of the Union territory of Jammu and Kashmir shall establish a Directorate of Prosecution consisting of a Director General of Prosecution and such other officers, as may be provided in rules to be framed by the said Government; and (2) The Post of Director General of Prosecution and all other officers, constituting the prosecution cadre, shall be filled in accordance with the rules to be framed by the said Government. (ii) in sub -section (3), substitute Director of Prosecution with Director General of Prosecution; 41 (iii) for sub -section (4), substitute (4) subject to the control of the Director General of Prosecution, the Deputy Director shall be subordinate to and under the Control of a Joint Director . (iv) substitute sub -section (5), Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the Government of the Union territory of Jammu and Kashmir under subsection (1), or the case may be under sub -section (8) of section 24 to conduct cases in the High Court shall be subordinate to the Advocate General. ; (v) for sub -section (7), substitute (7) The powers and functions of the Director General of Prosecution and other officers of the prosecution cadre shall b e such as may be provided by the rules . [Vide the Jammu and Kashmir Reorganization ( Adaptation of Central Laws ) Order , 2020, Vide notification No. S.O . 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws ) Order , 2020, notification No. S.O .3774(E), dated (23-10-2020).] Jammu and Kashmir and Ladakh (UTs ). Section 25A .-In sub -section (4), for Joint Director, substitute Director Prosecution. [Vide Order No. 3807(E) dated 26th October , 2020, the Union T erritory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws ) Third Order , 2020 ( w.e.f . 26-10-2020).] CHAPTER III POWER OF COURTS 26. Courts by which offences are triable. Subject to the other provisions of this Code, (a) any offence under th e Indian Penal Code (45 of 1860) may be tried by (i) the High Court, or (ii) the Court of Session, or (iii) any other Court by which such offence is shown in th e First Schedule to be triable: 1[Provided that any 2[offence under section 376, 3[section 376 A, section 376A B, section 376B, section 376C, section 376D , section 376DA , 376DB ] or section 376E of the Indian Penal Code (45 of 1860) ] shall be tried as far as practicable by a Court presided over by a woman.] (b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by (i) the High Court, or (ii) any other Court by which such offence is shown in t he First Schedule to be triable . STATE AMEND MENT Arunachal Pradesh Amendment of section 26 .In the Code of Criminal Procedure, 1973 (hereafter referred to as the principal Act), in section 26, in the proviso to clause (a), for the words figures and letters offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code the words, figures

section 376C, section 376D or section 376E of the Indian Penal Code the words, figures and letters offence under section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, 376DA of section 376E of the Indian Penal C ode shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 11] 1. Ins. by Act 5 of 2009, s. 4 (w.e.f. 31 -12-2009). 2. Subs. by Act 13 of 2013, s. 11, for offence under section 376 and sections 376A to 376D of the Indian Penal Code (45 of 1860) (w.e.f. 3 -2-2013). 3. Subs. by Act 22 of 2018, s. 10, for sec tion 376A, section 376B, section 376C, section 376D (w.e.f. 21 -4-2018). 42 Uttar Pradesh In section 26 of the said Code, for clause (b), the following clause shall be substituted , namely : (b) any offence under any other law may be tried : (i) when any court is mentioned in this behalf in such law, by such court, or by any court superior in rank to such court, and (ii) when no court is so mentioned, by any court by which such offence is shown in the First Schedule to be tribal, or by any court superior i n rank to such court. [Vide Uttar Pradesh Act 1 of 1984 , s. 6] 27. Jurisdiction in the case of juveniles. Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Cou rt is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, trainin g and rehabilitation of youthful offenders. 28. Sentences which High Courts and Sessions Judges may pass. (1) A High Court may pass any sentence authorised by law. (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; b ut any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. (3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a te rm exceeding ten years. 29. Sentences which Magistrates may pass. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven yea rs. (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding 1[ten thousand rupees ], or of both. (3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding 2[five thousand rupees] , or of both. (4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class. STATE AMENDMENT Manipur In section 29 of the Code, after sub -section (2), the following sub -section shall be added, namely (2A) The Court of a Specified Executive Magistrate may p ass a sentence of imprisonment for a term not exceeding two years, or of fine not exceeding two thousand rupees, or of both.. [Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] Maharashtra Amendment of section 29 of Act 2 of 1974 .In section 29 of th e Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra, (a) in sub -section (2), for the words ten thousand rupees the words fifty thousand rupees shall be substituted; 1. Subs. by Act 25 of 2005, s. 5, for five thousand rupees (w.e.f. 23 -6-2006). 2. Subs. by s. 5, ibid., for one thousand rupees (w.e.f. 23 -6-2006). 43 (b) in sub -section (3), for the words fi ve thousand rupees the words ten thousand rupees shall be substituted. [Vide Maharashtra Act 27 of 2007, s. 2] Arunachal Pradesh Amendment of section 29 .In section 29 of the principal Act (i) in sub -section (2), for the words ten thousand rupees t he words one lakh rupees shall be substituted. (i) in sub -section (3), for the words five thousand rupees, the words twenty five thousand rupees shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 12] 30. Sentence of imprisonment in defaul t of fine. (1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term (a) is not in excess of the powers of the Magistrate under section 29; (b) shall not, where imprison ment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. (2) The im prisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum te rm awardable by the Magistrate under section 29. 31. Sentence in cases of conviction of several offences at one trial. (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently. (2) In the case of consecutive se ntences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that (a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict fo r a single offence. (3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence. 32. Mode of conferring powers. (1) In conferring powers u nder this Code, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles. (2) Every such order shall take effect from the date on which it is communicated to the person so empowered. 33. Powers of officers appointed. Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under 44 this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed. 34. Withdrawal of powers. (1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Code on any person or by any officer subordinate to it. (2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred. 35. Powers of Judges and Magistrat es exercisable by their successors -in-office. (1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor -in-office. (2) When there is any doubt as to who is the successor -in-office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor -in-office of such Ad ditional or Assistant Sessions Judge. (3) When there is any doubt as to who is the successor -in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Code or of any proceeding s or order thereunder, be deemed to be the successor -in-office of such Magistrate. CHAPTER IV A.POWERS OF SUPERIOR OFFICERS OF POLICE 36. Powers of superior officers of police .Police officers super ior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station. B.AID TO THE MAGISTRATES AND THE POLICE 37. Public when to assist Magistrates and police .Every person is bound to assist a Magistrate or police officer reasonably demanding his aid (a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised t o arrest; or (b) in the prevention or suppression of a breach of the peace; or (c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property. 38. Aid to person, other than police officer, executing warran t.When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant. 39. Public to give i nformation of certain offences .(1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely: (i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the State specified in Chapter VI of the said Code); (ii) sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity specified in Chapter VIII of the said Code); 45 (iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification); (iv) sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.); (v) sections 302, 303 and 304 (that is to say, offences affecting life); 1[(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc.);] (vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in or der to the committing of the theft); (vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity); (viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.); (ix) sections 431 and 439, both inclusive (that is to say, offences of mischief against property); (x) sections 449 and 450 (that is to say, offence of house trespass); (xi) sections 456 to 460, both inclusive (that is to say, offences of lurking house tre spass); and (xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes), shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention. (2) For the purposes of this section, the term offence includes any act committed at any place out of India which would constitute an offence if committed in In dia. 40. Duty of officers employed in connection with the affairs of a village to make certain report .(1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such vill age; (b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender; (c) the commission of, or intention to commit, in or near such village any non -bailable offence or any offence punishable under section 143, section 144, section 145, section 147, or section 148 of the Indian Penal Code (45 of 1860); (d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a

or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in c ircumstances which lead to a reasonable suspicion that a non -bailable offence has been committed in respect of such person; (e) the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, wou ld be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 489A, 489B, 489C a nd 489D; (f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, has directed him to communicate information. 1. Ins. by Act 42 of 1993, s. 3 (w.e.f. 22 -05-1993) . 46 (2) In this section, (i) village includes village -lands; (ii) the expression proclaimed offender includes any person proclaimed as an offender by any Court or authority in any territory in India to which th is Code does not extend, in respect of any act which if committed in the territories to which this Code extends, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, 302, 304, 382, 392 to 399 (bo th inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both inclusive); (iii) the words officer employed in connection with the affairs of the village means a member of the panchayat of the village and includes the headman and every officer or other pers on appointed to perform any function connected with the administration of the village. CHAPTER V ARREST OF PERSONS 41. When police may arrest without warrant. (1) Any police officer may without an order from a Magistrate and without a warrant, arrest a ny person 1[(a) who commits, in the presence of a police officer, a cognizable offence; (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasona ble suspicion exists that he has committed a cognizable o ffence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely: (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary (a) to prevent such person from committing any further off ence; or (b) for proper investigati on of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the po lice officer shall record while making such arrest, his reaso ns in writing : 2[Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub -section, record the reasons in writing for not making the arrest.] ; (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;] (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or 1. Subs. by Act 5 of 2009, s. 5, for cls. ( a) and ( b) (w.e.f. 1 -11-2010). 2. Ins. by Act 41 of 2010, s. 2 (w.e.f. 2 -11-2010). 47 (d) in whose possession anything is found which may reas onably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradit ion, or otherwise, liable to be apprehended or detained in custody in India; or (h) who, being a released convict, commits a breach of any rule made under sub -section ( 5) of section 356; or (i) for whose arrest any requisition, whether written or oral, ha s been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a w arrant by the officer who issued the requisition. 1[(2) Subject to the provisions of section 42, no person concerned in a non -cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exi sts of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.] 2[41A. Notice of appearance before police officer. (1) 3[The police officer shall], in all cases where the arrest of a person is not required under the prov isions of sub -section ( 1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appea r before him or at such other place as may be specified in the notice. (2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (3) Where such person complie s and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. 4[(4) Where such person, at any time, fails to comply with the t erms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.] 41B. Procedure of arrest and duties of officer making arrest. Every police officer while making an arrest shall (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification; (b) prepare a memorandum of arrest which shall be (i) attested by at le ast one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made; 1. Subs. by Act 5 of 2009, s. 5, for sub -section ( 2) (w.e.f. 1 -11-2010). 2. Ins. by s. 6, ibid. (w.e.f. 1 -11-2010). 3. Subs. by Act 41 of 2010, s. 3, for The police officer may (w.e.f. 2 -11-2010). 4. Subs. by s. 3, ibid., for sub -section ( 4) (w.e.f. 2 -11-2010). 48 (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested by a me mber of his family, that he has a right to have a relative or a friend named by him to be i nformed of his arrest. 41C. Control room at districts. (1) The State Government shall establish a police control room (a) in every district; and (b) at State level. (2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests. (3) The co ntrol room at the Police Headquarters at the State level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public. 41D. Right of arrested person to meet an advocate of his choice during interrogation. When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.] 42. Arre st on refusal to give name and residence. (1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non -cognizable offence refuses, on demand of such officer, to give his name and residence or gives a n ame or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be release d on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that , if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India. (3) Should the true name and res idence of such person not be ascertained within twenty -four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdicti on. 43. Arrest by private person and procedure on such arrest. (1) Any private person may arrest or cause to be arrested any person who in his presence commits a non -bailable and cognizable offence, or any proclaimed offender, and, without unnecessary dela y, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. (2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re -arrest him. (3) If there is reason to believe that he has committed a non -cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or giv es a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. 44. Arr est by Magistrate. (1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisio ns herein contained as to bail, commit the offender to custody. (2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent a t the time and in the circumstances to issue a warrant. 45. Protection of members of the Armed Forces from arrest. (1) Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested fo r anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government. 49 (2) The State Government may, by notification, direct that the provisions of sub -section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub -section shall apply as if for the expression Central Gover nment occurring therein, the expression State Government were substituted. 46. Arrest how made. (1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless ther e be a submission t o the custody by word or action: 1[Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstance s otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.] (2) If such person forcibly resists the endeavo ur to arrest him, or attempts to evade the arrest, such police officer or other person may use all means n ecessary to effect the arrest. (3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. 2[(4) Save in exceptiona l circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first cla ss within whose local jurisdiction the offence is committed or the arrest is to be made.] 47. Search of place entered by person sought to be arrested. (1) If any person acting under warrant of arrest , or any police officer having authority to arrest, has r eason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search

person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress to such place cannot be obtained under sub -section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot b e obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house o r place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that, if any such place is an apartment in th e actual occupancy of a female (not being the persons to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw an d shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it. (3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. STATE AMENDMENT Uttar Pradesh In section 47 of the principal Act, Explanation II inserted by the U. P. Civil Laws (Reforms and Amendment) Act, 1954, shall be omitted. [Vide Uttar Pradesh Act 57 of 1976, s. 3] 48. Pursuit of offenders into other jurisdictions. A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India. 49. No unnecessary restraint. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. 1. Ins. by Act 5 of 2009, s. 7 (w.e.f. 31 -12-2009). 2. Ins. by Act 25 of 2005, s. 6 (w.e.f. 23 -6-2006). 50 50. Person arrested to be informed of grounds of arrest and of right to bail. (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other than a person accused of a non -bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf. 1[50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person .(1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information. (2) The police officer shall inform the arrested person of his rights under sub -section ( 1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of the Magistrate bef ore whom such arrested person is produced, to satisfy himself that the requirements of sub -section ( 2) and sub -section ( 3) have been complied with in respect of such arrested person.] 51. Search of arrested person. (1) Whenever a person is arrested by a po lice officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person unde r a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and plac e in safe custody all articles, other than necessary wearing -apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such per son. (2) Whene ver it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency. 52. Power to seize offensive weapons. The officer or other person making any arrest under this Code may take from the person arr ested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested. 53. Examination of accused by medical practitioner at the request of police officer. (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for belie ving that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub -inspector, and for any person acti ng in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that pur pose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. 2[Explanation .In this section and in sections 53A and 54, (a) examination shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; 1. Ins. by Act 25 of 2005, s. 7 (w.e.f. 23 -6-2006). 2. Subs. by Act 25 of 2005, s. 8, for the Explanation (w.e.f. 23 -6-2006). 51 (b) registered medical practitioner means a medical practitioner who possesses any medical qualification as defined in clause ( h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register.] 1[53A. Examination of person accused of rape by medical practitioner .(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit r ape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practi tioner employed in a hospital run by the Government or by a lo cal authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub -inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. (2) The registered medical practitioner co nducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely: (i) the name and address of the accused and of the person by whom he was brought, (ii) the age of the acc used, (iii) marks of injury, if any, on the person of the accused, (iv) the description of material taken from the person of the accused for DNA profiling, and (v) other material particulars in reasonable detail. (3) The report shall state precisely the re asons for each conclusion arrived at. (4) The exact time of commencement and completion of the examination shall also be noted in the report. (5) The registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause ( a) of sub-section ( 5) of that section.] 2[54. Examination of arrested person by medical officer. (1) When any person is arrested, he s hall be examined by a medical officer in the service of Central or State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner. (2) The medical officer or a registered medical pr actitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted. (3) Where an examination is made under sub -section ( 1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person .] STATE AMENDMENT Uttar Pradesh In section 54 of the said Code, the following sentence shall be inserted at the end, namely : The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination fre e of cost. [Vide Uttarkhand Act 1 of 1984, s. 7] 3[54A. Identification of person arrested .Where a person is arrested on a charge of committing an offence 1. Ins. by Act 25 of 2005, s. 9 (w.e.f. 23 -6-2006). 2. Subs. by Act 5 of 2009, s. 8, for section 54 (w.e.f. 31 -12-2009). 3. Ins. by Act 25 of 2005, s. 11 (w.e.f. 23 -6-2006). 52 and his identification by any other person or persons is considered necessary for the purpose of inv estigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such m anner as the Court may deem fi t:] 1[Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the super vision of a Judicial Magistrate who shall take appropriate steps to ensure that such perso n identifies the person arrested using methods that person is comfortable with: Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed.] STATE AMENDMENT Uttar Pradesh Insertion of new section 54 -A.After section 54 of the said Code, the following section shall be inserted , namely : 54-A. Test identification of the Accused. When a person is arrested on a charge of committing an offence and his test identifica tion by any witness is considered necessary by any court having jurisdiction, it shall be lawful for Executive Magistrate acting at the instance of such court, to hold test identification of the person arrested. [Vide Uttar Pradesh Act 1 of 1984 , s. 8] 55. Procedure when police officer deputes subordinate to arrest without warrant. (1) When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a w arrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer requi red to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for w hich the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. (2) Nothing in sub -section (1) shall affe ct the power of a police officer to arrest a person under section 41. 2[55A. Health and safety of arrested person. It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.] 56. P erson arrested to be taken before Magistrate or officer in charge of police station. A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arres ted before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station. 57. Person arrested not to be detained more than twenty -four hours .No police officer shall detain in custody a person arrested without warrant fo r a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty -four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrates Court. 58. Police to report apprehensions .Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub -divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise. 59. Discharge of person apprehended .No person who has been arrested by a police officer shall be discharged except on his own bond, or o n bail, or under the special order of a Magistrate. 60. Power, on escape, to pursue and retake .(1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any pl ace in India. 1. Ins. by Act 13 of 2013, s. 12 (w.e.f. 3 -2-2013). 2. Ins. by Act 5 of 2009, s. 9 (w.e.f. 31 -12-2009) . 53 (2) The provisions of section 47 shall apply

31 -12-2009) . 53 (2) The provisions of section 47 shall apply to arrests under sub -section ( 1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest. 1[60A. Arrest to be made strictly a ccording to the Code. No arrest shall be made except in accordance with the provisions of this Code or any other law for the time being in force providing for arrest.] CHAPTER VI PROCESSES TO COMPEL APPEARANCE A.Summons 61. Form of summons .Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court. 62. Summons how serv ed.(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. (2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. (3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. 63. S ervice of summons on corporate bodies and societies. Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the c hief officer of the corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. Explanation .In this section, corporation means an incorporated company or other body corpo rate and includes a society registered under the Societies Registration Act, 1860 (21 of 1860). 64. Service when persons summoned cannot be found. Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by l eaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving o fficer, sign a receipt therefor on the back of the other duplicate. Explanation .A servant is not a member of the family within the meaning of this section. 65. Procedure when service cannot be effected as before provided. If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or s ection 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may e ither declare that the summons has been duly served or order fresh service in such manner as it considers proper. 66. Service on Government servant. (1) Where the person summoned is in the active service of the Government, the Court issuing the summons sha ll ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section. (2) Such signature shall be evidence of due service. 67. Service of summons outside local limits. When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall o rdinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served. 68. Proof of service in such cases and when serving officer not present .(1) When a summons issued by a 1. Ins. by Act 5 of 2009, s.10 (w.e.f. 31 -12-2009). 54 Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62 or section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be c orrect unless and until the contrary is proved. (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court. 69. Service of summons on witness by post .(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he or dinarily resides or carries on business or personally works for gain. (2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons h as been received, the Court issuing the summons may declare that the summons has been duly served. STATE AMENDMENT Andaman and Nicobar Islands U.T. In section 69 of the Code of Criminal Procedure, 1974 in is application to the Union Territories of the Anda man and Nicobar Islands and Lakshdeep, (a) in sub-section ( 1), after the words to be served by registered post the words or of the substance thereof to be served by wireless message shall be inserted. (b) in sub -section ( 2), for the words that the wi tness refused to take delivery of the summons the words or a wireless messenger that the witness refused to take delivery of the summons or the message, as the ease may be shall be substi tuted. [Vide Andaman and Nicobar Islands U.T. Act 6 of 1977, s. 2 ] B.Warrant of arrest 70. Form of warrant of arrest and duration .(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. (2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. 71. Power to direct security to be taken .(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the wa rrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody. (2) The endorsement shall state (a) the number of sureties; (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; (c) the time at which he is to attend before t he Court. (3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court. 72. Warrants to whom directed .(1) A warrant of arrest shall ordinarily be directed to one or more police 55 officers ; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same. (2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them. 73. Warrant may be directed to any person .(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his lo cal jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non -bailable offence and is evading arrest. (2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if th e person for whose arrest it was issued, is in, or enters on, any land or other property under his charge. (3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 71. 74. Warrant directed to police officer. A warrant directed to any police officer may also be executed by any other police officer whose na me is endorsed upon the warrant by the officer to whom it is directed or endorsed. 75. Notification of substance of warrant. The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, a nd, if so required, shall show him the warrant. 76. Person arrested to be brought before Court without delay. The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessar y delay bring the person arrested before the Court before which he is required by law to produce such person: Provided that such delay shall not, in any case, exceed twenty -four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrates Court. 77. Where warrant may be executed. A warrant of arrest may be executed at any place in India. 78. Warrant forwarded for execution outside jurisdiction. (1) When a warrant is to be executed outside the local jurisdiction of the C ourt issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limit s of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided. (2) The Court issuing a warrant under sub -section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 81 to decide whether bail should or should not be granted to the person. 79. Warrant directed to police officer for execution outside jurisdiction. (1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, h e shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed. (2) Such Magist rate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant. (3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it. 80. Procedure on arrest of person against whom warrant issued. When a warrant of arrest is executed outside the d istrict in which it was issued, the person arrested shall, unless the Court which issued the warrant is 56 within thirty kilometr es of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Po lice within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner. 81. Procedure by Magistrate before whom such person arrested i s brought. (1) The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court: Provi ded that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 71 on the warrant and such person is rea dy and willing to give the security required by such direction, the Magistrate, District Superintendent or Commissioner shall take such bail or security, as the case may be, and forward the bond, to the Court which issued the warrant: Provided further that if the offence is a non -bailable one, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 437), or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in sub -section (2) of section 78, to release such person on bail. (2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 71. STATE AMENDMENT Uttar Pradesh In section 81 of the said Code, in s ub-section (1), the following third proviso shall be inserted, namely : Provided also that where such person is not released on bail or where he fails to give such security as aforesaid, the Chief Judicial Magistrate in the case of a non -bailable offence or any Judicial Magistrate in the case of a bailable offence may be necessary for his removal to the court which issued the warrant. [Vide Uttar Pradesh Act 1 of 1984, s. 9] C.Proclamation and attachment 82. Proclamation for person absconding. (1) If an y Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows: (i) (a) it shall be publicly read in some conspicuous place o f the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (c) a copy thereof shall be affixed to some conspicuous part of the Court -house; (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing

newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub -section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. 1[(4) Where a proclamation published under sub -section ( 1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 1. Ins. by Act 25 of 2005, s. 12 (w.e.f. 23 -6-2006). 57 460 o f the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclai med offender and make a declaration to that effect. (5) The provisions of sub -sections ( 2) and ( 3) shall apply to a declaration made by the Court under sub-section ( 4) as they apply to the proclamation published under sub -section ( 1).] 83. Attachment of p roperty of person absconding. (1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued, (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation. (2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such propert y is situate. (3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made (a) by seizure; or (b) by the appointment of a receiver; or (c) by an order in writing prohibiting the delivery o f such property to the proclaimed person or to any one on his behalf; or (d) by all or any two of such methods, as the Court thinks fit. (4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land p aying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases (a) by taking possession; or (b) by the appointment of a receiver; or (c) by an order in writing prohibiting the paym ent of rent on delivery of property to the proclaimed person or to any one on his behalf; or (d) by all or any two of such methods, as the Court thinks fit. (5) If the property ordered to be attached consists of live -stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court. (6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908). 84. Claims and objections to attachment. (1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83, the 58 claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: Provided that any claim preferred or objection made within the period allowed by this sub -section may, in the event of the death of the claimant or objector, be continued by his legal rep resentative. (2) Claims or objections under sub -section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub -section (2) of section 83, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made. (3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him. (4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one y ear from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive. 85. Release, sale and restoration of attached pro perty. (1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment. (2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 84 has been dispo sed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold whenever it thinks fit. (3) If, within two y ears from the date of the attachment, any person whose property is or has been at the disposal of the State Government, under sub -section ( 2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or t he Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying the refrom all costs incurred in consequence of the attachment, be delivered to him. 86. Appeal from order rejecting application for restoration of attached property. Any person referred to in sub -section ( 3) of section 85, who is aggrieved by any refusal to d eliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first -mentioned Court. D.Other rules regarding processes 87. Issue of warrant in lieu of, or in addition to, summons. A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest (a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of hi s appearing in accordance therewith and no reasonable excuse is offered for such failure. 88. Power to take bond for appearance. When any person for whose appearance or arrest the 59 officer presiding in any Court is empowered to issue a summons or warrant, i s present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial. 89. Arrest on breach of bond for appearance. Whe n any person who is bound by any bond taken under this Code to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him. 90. Provisions of this Chapter ge nerally applicable to summonses and warrants of arrest. The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued u nder this Code. CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS A.Summons to produce 91. Summons to produce document or other thing. (1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. (2) Any person required under this section merely to produce a document or other t hing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. (3) Nothing in this section shall be deemed (a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers Books Evidence Act, 1891 (13 of 1891), or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority. 92. Procedure as to letter s and telegrams. (1) If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, in quiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs. (2) If any such docume nt, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judic ial, or of any Commissioner of P olice or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub -section (1). B.Search -warrants 93. When search -warrant may be issued. (1) (a) Whe re any Court has reason to believe that a person to whom a summons order under section 91 or a requisition under sub -section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or (b) where such document or thing is not known to the Court to be in the possession of any person, or 60 (c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served b y a general search or inspection, it may issue a search -warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained. (2) The Court may, if it thinks fit, specify in the warrant the pa rticular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. (3) Nothing contained in this section shall auth orise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority. 94. Search of place suspected to contain stolen prope rty, forged documents, etc .(1) If a District Magistrate, Sub -divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of st olen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police office r above the rank of a constable (a) to enter, with such assistance as may be required, such place, (b) to search the same in the manner specified in the warrant, (c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or object ionable article to which this section applies, (d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety, (e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies. (2) The objectionable articles to which this section applies are (a) counterfeit coin; (b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962); (c) counterfeit currency note; counterfeit stamps; (d) forged documents; (e) false seals; (f) obscene objects referred to in sect ion 292 of the Indian Penal Code (45 of 1860); (g) instruments or materials used for the production of any of the articles mentioned in clauses (a